Am. Sub. H. B. No. 66As Passed by the House

REPRESENTATIVES Calvert, Flowers, Martin, McGregor, Peterson, Schlichter, Webster, Aslanides, Blasdel, Coley, Collier, Combs, DeWine, Dolan, C. Evans, D. Evans, Hagan, Kearns, Kilbane, Law, T. Patton, Seaver, Setzer, Wagoner, White, Widowfield Speaker Husted

A BILL

To amend sections 9.06, 9.24, 9.833, 9.90, 101.68,

102.01, 105.41, 108.05, 109.57, 109.572, 109.91,

117.10, 117.16, 120.06, 120.13, 120.23, 120.52,

120.53, 121.37, 121.38, 122.011, 122.17, 122.171,

122.603, 122.71, 122.72, 122.73, 122.74, 122.75,

122.751, 122.76, 122.77, 122.78, 122.79, 122.82,

122.83, 123.152, 123.17, 125.041, 125.05, 125.831,

125.832, 126.25, 127.16, 131.02, 131.23, 133.09,

140.01, 140.08, 141.011, 141.04, 145.01, 145.33,

147.05, 147.10, 147.11, 147.12, 147.371, 150.07,

150.10, 153.44, 173.40, 181.251, 181.51, 181.52,

181.54, 181.55, 181.56, 183.28, 184.02, 307.88,

317.08, 317.36, 319.20, 319.301, 319.302, 319.54,

321.24, 323.01, 323.152, 323.17, 325.31, 329.04,

329.051, 339.72, 339.73, 339.88, 340.03, 340.16,

718.09, 718.10, 723.52, 723.53, 742.59, 901.43,

905.32, 905.33, 905.331, 905.36, 905.37, 905.38,

905.381, 905.50, 905.501, 905.66, 907.16, 911.02,

913.02, 913.23, 915.02, 915.16, 915.24, 921.02,

921.16, 923.44, 923.45, 923.46, 927.69, 1327.511,

1327.62, 1327.99, 1502.02, 1515.14, 1517.02,

1521.062, 1531.27, 1533.10, 1533.11, 1533.111,

1533.112, 1533.12, 1533.32, 1541.03, 1548.06,

1711.53, 1713.03, 1751.03, 1901.26, 1901.31,

1907.24, 2113.041, 2151.031, 2151.352, 2151.416,

2151.86, 2152.43, 2152.74, 2303.201, 2305.234,

2329.66, 2744.05, 2901.07, 2913.40, 2919.22,

2921.13, 2923.25, 2925.01, 2925.04, 2925.041,

2929.13, 2929.14, 2967.13, 3107.10, 3111.04,

3119.54, 3121.12, 3121.50, 3125.18, 3301.079,

3301.0710, 3301.0711, 3301.0714, 3301.0715,

3301.12, 3301.16, 3301.311, 3301.32, 3301.86,

3301.88, 3311.19, 3313.12, 3313.202, 3313.207,

3313.208, 3313.209, 3313.33, 3313.489, 3313.975,

3313.976, 3313.977, 3313.978, 3313.98, 3314.013,

3314.015, 3314.02, 3314.021, 3314.03, 3314.06,

3314.074, 3314.08, 3314.13, 3315.17, 3315.18,

3315.37, 3316.06, 3316.16, 3317.01, 3317.012,

3317.013, 3317.02, 3317.021, 3317.022, 3317.023,

3317.024, 3317.026, 3317.027, 3317.028, 3317.029,

3317.0212, 3317.0216, 3317.0217, 3317.03, 3317.05,

3317.052, 3317.053, 3317.06, 3317.081, 3317.09,

3317.10, 3317.16, 3317.20, 3317.21, 3317.22,

3317.23, 3317.50, 3317.51, 3318.011, 3318.33,

3319.081, 3319.17, 3319.22, 3319.235, 3319.55,

3323.021, 3323.091, 3323.14, 3323.16, 3327.01,

3332.092, 3333.04, 3333.044, 3333.12, 3333.121,

3333.27, 3333.28, 3333.36, 3333.38, 3334.01,

3334.02, 3334.03, 3334.07, 3334.08, 3334.09,

3334.10, 3334.11, 3334.12, 3334.15, 3334.16,

3334.17, 3334.18, 3345.10, 3345.32, 3353.01,

3353.06, 3353.07, 3365.01, 3365.02, 3365.021,

3365.04, 3365.041, 3365.05, 3365.07, 3365.08,

3365.10, 3375.40, 3375.48, 3375.49, 3375.54,

3375.55, 3377.03, 3383.02, 3501.141, 3501.17,

3701.021, 3701.023, 3701.146, 3701.65, 3702.141,

3702.51, 3702.68, 3702.74, 3703.01, 3703.03,

3703.04, 3703.05, 3703.06, 3703.07, 3703.08,

3703.10, 3703.99, 3705.24, 3709.29, 3709.34,

3712.03, 3714.07, 3721.01, 3721.03, 3721.07,

3721.15, 3721.21, 3721.50, 3721.51, 3721.52,

3721.56, 3721.58, 3722.01, 3722.02, 3734.01,

3734.28, 3734.57, 3734.901, 3734.9010, 3743.57,

3745.11, 3745.12, 3746.04, 3746.071, 3748.07,

3748.13, 3773.34, 3773.38, 3773.39, 3773.40,

3773.57, 3793.09, 3901.021, 3901.17, 3901.78,

3903.14, 3905.04, 3905.36, 3905.40, 3923.27,

4112.12, 4117.03, 4117.08, 4117.24, 4123.27,

4141.29, 4301.10, 4301.42, 4301.43, 4305.01,

4505.06, 4511.75, 4519.02, 4519.09, 4561.17,

4561.18, 4561.21, 4703.15, 4705.09, 4709.05,

4731.65, 4731.71, 4736.11, 4736.12, 4753.03,

4753.06, 4753.071, 4753.08, 4753.09, 4757.30,

4775.04, 4905.10, 4905.54, 4905.95, 4911.02,

4911.18, 4973.171, 5101.181, 5101.21, 5101.24,

5101.241, 5101.26, 5101.31, 5101.35, 5101.36,

5101.46, 5101.47, 5101.75, 5101.752, 5101.80,

5101.801, 5101.821, 5104.01, 5104.32, 5104.38,

5107.05, 5107.10, 5107.26, 5107.30, 5107.58,

5110.01, 5110.05, 5110.352, 5110.39, 5111.019,

5111.0112, 5111.02, 5111.021, 5111.023, 5111.025,

5111.042, 5111.06, 5111.082, 5111.11, 5111.111,

5111.113, 5111.16, 5111.19, 5111.20, 5111.204,

5111.21, 5111.22, 5111.221, 5111.23, 5111.231,

5111.235, 5111.24, 5111.241, 5111.25, 5111.251,

5111.255, 5111.257, 5111.26, 5111.261, 5111.263,

5111.264, 5111.27, 5111.28, 5111.29, 5111.291,

5111.30, 5111.31, 5111.32, 5111.33, 5111.62,

5111.85, 5111.87, 5111.88, 5111.911, 5111.97,

5111.99, 5112.03, 5112.08, 5112.17, 5112.30,

5112.31, 5115.20, 5115.22, 5115.23, 5119.61,

5120.09, 5120.16, 5120.48, 5120.51, 5121.01,

5121.02, 5121.03, 5121.04, 5121.05, 5121.06,

5121.061, 5121.07, 5121.08, 5121.09, 5121.10,

5121.11, 5121.12, 5121.21, 5122.03, 5122.04,

5122.31, 5123.01, 5123.046, 5123.047, 5123.049,

5123.0412, 5123.19, 5123.196, 5123.20, 5123.34,

5123.701, 5123.71, 5123.76, 5126.01, 5126.035,

5126.042, 5126.054, 5126.055, 5126.056, 5126.057,

5126.12, 5139.01, 5139.36, 5153.16, 5502.01,

100

5502.03, 5517.02, 5540.01, 5540.09, 5543.19,

101

5549.01, 5573.13, 5575.01, 5701.03, 5703.052,

102

5703.053, 5703.47, 5703.50, 5703.70, 5703.80,

103

5705.02, 5705.091, 5705.214, 5705.29, 5705.391,

104

5705.392, 5709.07, 5709.40, 5709.41, 5709.73,

105

5709.77, 5709.78, 5711.21, 5711.22, 5713.08,

106

5715.24, 5719.041, 5725.19, 5727.01, 5727.02,

107

5727.06, 5727.10, 5727.11, 5727.111, 5727.12,

108

5727.81, 5727.82, 5727.84, 5727.85, 5728.01,

109

5728.02, 5728.03, 5728.04, 5728.06, 5728.08,

110

5729.08, 5731.01, 5731.05, 5731.131, 5731.14,

111

5731.18, 5731.181, 5731.22, 5731.23, 5731.39,

112

5731.41, 5733.01, 5733.065, 5733.066, 5733.33,

113

5733.351, 5733.352, 5733.40, 5733.41, 5733.49,

114

5739.01, 5739.02, 5739.025, 5739.10, 5741.02,

115

5743.01, 5743.02, 5743.03, 5743.05, 5743.071,

116

5743.08, 5743.14, 5743.15, 5743.16, 5743.18,

117

5743.19, 5743.20, 5743.32, 5743.33, 5743.51,

118

5743.62, 5743.63, 5747.01, 5747.02, 5747.05,

119

5747.08, 5747.331, 5747.70, 5747.80, 5747.98,

120

5748.01, 5748.02, 5748.03, 5748.04, 5748.08,

121

5749.02, 5919.33, 5920.01, 6109.21, and 6111.02;

122

to amend, for the purpose of adopting new section

123

numbers as indicated in parentheses, sections

124

181.251 (5502.63), 181.51 (5502.61), 181.52

125

(5502.62), 181.54 (5502.64), 181.55 (5502.65),

126

181.56 (5502.66), 3317.21 (3318.47), 3317.22

127

(3318.48), 3317.23 (3318.49), 5101.75 (173.42),

128

5101.752 (173.43), 5111.02 (5111.021), 5111.021

129

(5111.022), 5111.022 (5111.023), 5111.023

130

(5111.0114), 5111.112 (5111.113), 5111.113

131

(5111.114), 5111.231 (5111.232), 5111.257

132

(5111.258), 5111.88 (5111.97), 5111.97 (5111.86),

133

5121.01 (5121.02), 5121.02 (5121.03), and 5121.03

134

(5121.01); to enact new sections 5111.02,

135

5111.112, 5111.231, 5111.257, and 5111.262, and

136

sections 9.901, 117.162, 120.36, 121.381, 121.382,

137

121.403, 122.083, 125.18, 131.022, 131.46,

138

153.692, 173.39, 173.391, 173.392, 173.393,

139

173.394, 173.395, 173.396, 173.397, 173.44,

140

173.45, 173.46, 173.47, 173.48, 173.49, 173.50,

141

341.192, 901.44, 907.111, 1327.70, 1327.71,

142

1547.721, 1547.722, 1547.723, 1547.724, 1547.725,

143

1547.726, 1751.271, 2925.15, 2967.24, 3125.191,

144

3310.01, 3310.02, 3310.03, 3310.04, 3310.05,

145

3310.06, 3310.07, 3310.08, 3310.09, 3310.10,

146

3310.11, 3310.12, 3310.13, 3310.14, 3310.15,

147

3310.16, 3310.17, 3314.035, 3314.061, 3314.29,

148

3316.043, 3317.034, 3317.035, 3317.201, 3318.111,

149

3319.0810, 3319.172, 3323.20, 3323.30, 3323.31,

150

3323.32, 3323.33, 3324.10, 3325.10, 3325.11,

151

3325.12, 3325.15, 3325.16, 3325.17, 3333.047,

152

3333.122, 3333.162, 3365.11, 3702.83, 3705.242,

153

3714.073, 3715.04, 3719.47, 3719.48, 3721.032,

154

3721.541, 3721.561, 3745.015, 3745.114, 3770.061,

155

3903.421, 4905.261, 4911.021, 5101.07, 5101.071,

156

5101.461, 5101.802, 5101.803, 5107.301, 5111.026,

157

5111.027, 5111.061, 5111.062, 5111.072, 5111.083,

158

5111.10, 5111.161, 5111.176, 5111.177, 5111.191,

159

5111.222, 5111.234, 5111.242, 5111.254, 5111.256,

160

5111.265, 5111.266, 5111.851, 5111.852, 5111.853,

161

5111.854, 5111.855, 5111.89, 5111.891, 5111.892,

162

5111.893, 5111.914, 5111.915, 5111.98, 5112.341,

163

5121.30, 5121.31, 5121.32, 5121.33, 5121.34,

164

5121.35, 5121.36, 5121.37, 5121.38, 5121.39,

165

5121.40, 5121.41, 5121.42, 5121.43, 5121.44,

166

5121.45, 5121.46, 5121.47, 5121.49, 5121.50,

167

5121.51, 5121.52, 5121.53, 5121.54, 5121.55,

168

5123.1910, 5540.032, 5703.057, 5705.219, 5707.031,

169

5727.031, 5727.241, 5743.021, 5743.031, 5743.072,

170

5743.331, 5743.71, 5743.72, 5743.73, 5743.74,

171

5743.75, 5743.76, 5747.056, 5751.01, 5751.011,

172

5751.012, 5751.02, 5751.021, 5751.03, 5751.031,

173

5751.032, 5751.033, 5751.034, 5751.04, 5751.05,

174

5751.06, 5751.07, 5751.08, 5751.081, 5751.09,

175

5751.10, 5751.11, 5751.12, 5751.20, 5751.21,

176

5751.22, 5751.31, 5751.50, 5751.51, 5751.52,

177

5751.98, 5751.99, 5919.31, 5919.341, 6111.0210,

178

6111.0211, 6111.0212, and 6111.0213; and to repeal

179

sections 181.53, 339.77, 742.36, 1541.221,

180

3301.31, 3301.33, 3301.34, 3301.35, 3301.36,

181

3301.37, 3301.38, 3301.80, 3301.85, 3301.87,

182

3311.40, 3317.0213, 3353.02, 3353.03, 3353.04,

183

3721.511, 3901.41, 3901.781, 3901.782, 3901.783,

184

3901.784, 5101.751, 5101.753, 5101.754, 5111.041,

185

5111.205, 5111.262, 5111.34, 5115.10, 5115.11,

186

5115.12, 5115.13, 5115.14, 5123.041, 5123.048,

187

5571.13, 5731.20, 5733.122, and 6111.028 of the

188

Revised Code; to amend Sections 16.09, 19.01,

189

20.01, 22.03, 23.11, 23.12, 23.13, 23.26, 23.45,

190

and 24.01 of Am. Sub. H.B. 16 of the 126th General

191

Assembly; to amend Sections 203.03.09 and

192

203.03.10 of Am. Sub. H.B. 68 of the 126th General

193

Assembly; to amend Section 4 of Am. Sub. H.B. 516

194

of the 125th General Assembly; to amend Section 3

195

of Am. Sub. H.B. 621 of the 122nd General

196

Assembly, as subsequently amended; to amend

197

Section 153 of Am. Sub. H.B. 117 of the 121st

198

General Assembly, as subsequently amended; to

199

amend Section 5 of Am. Sub. S.B. 50 of the 121st

200

General Assembly, as subsequently amended; and to

201

repeal Sections 59.19 and 147 of Am. Sub. H.B. 95

202

of the 125th General Assembly to make operating

203

appropriations for the biennium beginning July 1,

204

2005 and ending June 30, 2007, and to provide

205

authorization and conditions for the operation of

206

state programs, and to further amend sections

207

3215.18, 5101.35, 5101.80, 5101.801, and 5153.16

208

of the Revised Code on January 1, 2006, to provide

209

authorization and continuation for the operation

210

of certain state programs, and to repeal Section

211

553.01 of this act on December 16, 2005.

212

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

Section 101.01. That sections 9.06, 9.24, 9.833, 9.90,	213
101.68, 102.01, 105.41, 108.05, 109.57, 109.572, 109.91, 117.10,	214
117.16, 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38,	215
122.011, 122.17, 122.171, 122.603, 122.71, 122.72, 122.73, 122.74,	216
122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.83,	217
123.152, 123.17, 125.041, 125.05, 125.831, 125.832, 126.25,	218
127.16, 131.02, 131.23, 133.09, 140.01, 140.08, 141.011, 141.04,	219
145.01, 145.33, 147.05, 147.10, 147.11, 147.12, 147.371, 150.07,	220
150.10, 153.44, 173.40, 181.251, 181.51, 181.52, 181.54, 181.55,	221
181.56, 183.28, 184.02, 307.88, 317.08, 317.36, 319.20, 319.301,	222
319.302, 319.54, 321.24, 323.01, 323.152, 323.17, 325.31, 329.04,	223
329.051, 339.72, 339.73, 339.88, 340.03, 340.16, 718.09, 718.10,	224
723.52, 723.53, 742.01, 742.59, 901.43, 905.32, 905.33, 905.331,	225
905.36, 905.37, 905.38, 905.381, 905.50, 905.501, 905.66, 907.16,	226
911.02, 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16,	227
923.44, 923.45, 923.46, 927.69, 1327.511, 1327.62, 1327.99,	228
1502.02, 1515.14, 1517.02, 1521.062, 1531.27, 1533.10, 1533.11,	229
1533.111, 1533.112, 1533.12, 1533.32, 1541.03, 1548.06, 1711.53,	230
1713.03, 1751.03, 1901.26, 1901.31, 1907.24, 2113.041, 2151.031,	231
2151.352, 2151.416, 2151.86, 2152.43, 2152.74, 2303.201, 2305.234,	232
2329.66, 2744.05, 2901.07, 2913.40, 2919.22, 2921.13, 2923.25,	233
2925.01, 2925.04, 2925.041, 2929.13, 2929.14, 2967.13, 3107.10,	234
3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, 3301.0710,	235
3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, 3301.311,	236
3301.32, 3301.86, 3301.88, 3311.19, 3313.12, 3313.202, 3313.207,	237
3313.208, 3313.209, 3313.33, 3313.489, 3313.975, 3313.976,	238
3313.977, 3313.978, 3313.98, 3314.013, 3314.015, 3314.02,	239
3314.021, 3314.03, 3314.06, 3314.074, 3314.08, 3314.13, 3315.17,	240
3315.18, 3315.37, 3316.06, 3316.16, 3317.01, 3317.012, 3317.013,	241
3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.026,	242
3317.027, 3317.028, 3317.029, 3317.0212, 3317.0216, 3317.0217,	243
3317.03, 3317.05, 3317.052, 3317.053, 3317.06, 3317.081, 3317.09,	244
3317.10, 3317.16, 3317.20, 3317.21, 3317.22, 3317.23, 3317.50,	245
3317.51, 3318.011, 3318.33, 3319.081, 3319.17, 3319.22, 3319.235,	246
3319.55, 3323.021, 3323.091, 3323.14, 3323.16, 3327.01, 3332.092,	247
3333.04, 3333.044, 3333.12, 3333.121, 3333.27, 3333.28, 3333.36,	248
3333.38, 3334.01, 3334.02, 3334.03, 3334.07, 3334.08, 3334.09,	249
3334.10, 3334.11, 3334.12, 3334.15, 3334.16, 3334.17, 3334.18,	250
3345.10, 3345.32, 3353.01, 3353.06, 3353.07, 3365.01, 3365.02,	251
3365.021, 3365.04, 3365.041, 3365.05, 3365.07, 3365.08, 3365.10,	252
3375.40, 3375.48, 3375.49, 3375.54, 3375.55, 3377.03, 3383.02,	253
3501.141, 3501.17, 3701.021, 3701.023, 3701.146, 3701.65,	254
3702.141, 3702.51, 3702.68, 3702.74, 3703.01, 3703.03, 3703.04,	255
3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.99, 3705.24,	256
3709.29, 3709.34, 3712.03, 3714.07, 3721.01, 3721.03, 3721.07,	257
3721.15, 3721.21, 3721.50, 3721.51, 3721.52, 3721.56, 3721.58,	258
3722.01, 3722.02, 3734.01, 3734.28, 3734.57, 3734.901, 3734.9010,	259
3743.57, 3745.11, 3745.12, 3746.04, 3746.071, 3748.07, 3748.13,	260
3773.34, 3773.38, 3773.39, 3773.40, 3773.57, 3793.09, 3901.021,	261
3901.17, 3901.78, 3903.14, 3905.04, 3905.36, 3905.40, 3923.27,	262
4112.12, 4117.03, 4117.08, 4117.24, 4123.27, 4141.29, 4301.10,	263
4301.42, 4301.43, 4305.01, 4505.06, 4511.75, 4519.02, 4519.09,	264
4561.17, 4561.18, 4561.21, 4703.15, 4705.09, 4709.05, 4731.65,	265
4731.71, 4736.11, 4736.12, 4753.03, 4753.06, 4753.071, 4753.08,	266
4753.09, 4757.30, 4775.04, 4905.10, 4905.54, 4905.95, 4911.02,	267
4911.18, 4973.171, 5101.181, 5101.21, 5101.24, 5101.241, 5101.26,	268
5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, 5101.752,	269
5101.80, 5101.801, 5101.821, 5104.01, 5104.32, 5104.38, 5107.05,	270
5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, 5110.352,	271
5110.39, 5111.019, 5111.0112, 5111.02, 5111.021, 5111.023,	272
5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111,	273
5111.113, 5111.16, 5111.19, 5111.20, 5111.204, 5111.21, 5111.22,	274
5111.221, 5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25,	275
5111.251, 5111.255, 5111.257, 5111.26, 5111.261, 5111.263,	276
5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31,	277
5111.32, 5111.33, 5111.62, 5111.85, 5111.87, 5111.88, 5111.911,	278
5111.97, 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, 5112.31,	279
5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 5120.16, 5120.48,	280
5120.51, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 5121.06,	281
5121.061, 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12,	282
5121.21, 5122.03, 5122.04, 5122.31, 5123.01, 5123.046, 5123.047,	283
5123.049, 5123.0412, 5123.19, 5123.196, 5123.20, 5123.34,	284
5123.701, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 5126.054,	285
5126.055, 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, 5153.16,	286
5502.01, 5502.03, 5517.02, 5540.01, 5540.09, 5543.19, 5549.01,	287
5573.13, 5575.01, 5701.03, 5703.052, 5703.053, 5703.47, 5703.50,	288
5703.70, 5703.80, 5705.02, 5705.091, 5705.214, 5705.29, 5705.391,	289
5705.392, 5709.07, 5709.40, 5709.41, 5709.73, 5709.77, 5709.78,	290
5711.21, 5711.22, 5713.08, 5715.24, 5719.041, 5725.19, 5727.01,	291
5727.02, 5727.06, 5727.10, 5727.11, 5727.111, 5727.12, 5727.81,	292
5727.82, 5727.84, 5727.85, 5728.01, 5728.02, 5728.03, 5728.04,	293
5728.06, 5728.08, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14,	294
5731.18, 5731.181, 5731.22, 5731.23, 5731.39, 5731.41, 5733.01,	295
5733.065, 5733.066, 5733.33, 5733.351, 5733.352, 5733.40, 5733.41,	296
5733.49, 5739.01, 5739.02, 5739.025, 5739.10, 5741.02, 5743.01,	297
5743.02, 5743.03, 5743.05, 5743.071, 5743.08, 5743.14, 5743.15,	298
5743.16, 5743.18, 5743.19, 5743.20, 5743.32, 5743.33, 5743.51,	299
5743.62, 5743.63, 5747.01, 5747.02, 5747.05, 5747.08, 5747.331,	300
5747.70, 5747.80, 5747.98, 5748.01, 5748.02, 5748.03, 5748.04,	301
5748.08, 5749.02, 5919.33, 5920.01, 6109.21, and 6111.02, be	302
amended; that sections 181.251 (5502.63), 181.51 (5502.61), 181.52	303
(5502.62), 181.54 (5502.64), 181.55 (5502.65), 181.56 (5502.66),	304
3317.21 (3318.47), 3317.22 (3318.48), 3317.23 (3318.49), 5101.75	305
(173.42), 5101.752 (173.43), 5111.02 (5111.021), 5111.021	306
(5111.022), 5111.022 (5111.023), 5111.023 (5111.0114), 5111.112	307
(5111.113), 5111.113 (5111.114), 5111.231 (5111.232), 5111.257	308
(5111.258), 5111.88 (5111.97), 5111.97 (5111.86), 5121.01	309
(5121.02), 5121.02 (5121.03), and 5121.03 (5121.01) be amended for	310
the purpose of adopting new section numbers as indicated in	311
parentheses; that new sections 5111.02, 5111.112, 5111.231,	312
5111.257, and 5111.262 and sections 9.901, 117.162, 120.36,	313
121.381, 121.382, 121.403, 122.083, 125.18, 131.022, 131.46,	314
153.692, 173.39, 173.391, 173.392, 173.393, 173.394, 173.395,	315
173.396, 173.397, 173.44, 173.45, 173.46, 173.47, 173.48, 173.49,	316
173.50, 341.192, 901.44, 907.111, 1327.70, 1327.71, 1547.721,	317
1547.722, 1547.723, 1547.724, 1547.725, 1547.726, 1751.271,	318
2925.15, 2967.24, 3125.191, 3310.01, 3310.02, 3310.03, 3310.04,	319
3310.05, 3310.06, 3310.07, 3310.08, 3310.09, 3310.10, 3310.11,	320
3310.12, 3310.13, 3310.14, 3310.15, 3310.16, 3310.17, 3314.035,	321
3314.061, 3314.29, 3316.043, 3317.034, 3317.035, 3317.201,	322
3318.111, 3319.0810, 3319.172, 3323.20, 3323.30, 3323.31, 3323.32,	323
3323.33, 3324.10, 3325.10, 3325.11, 3325.12, 3325.15, 3325.16,	324
3325.17, 3333.047, 3333.122, 3333.162, 3365.11, 3702.83, 3705.242,	325
3714.073, 3715.04, 3719.47, 3719.48, 3721.032, 3721.541, 3721.561,	326
3745.015, 3745.114, 3770.061, 3903.421, 4905.261, 4911.021,	327
5101.07, 5101.071, 5101.461, 5101.802, 5101.803, 5107.301,	328
5111.026, 5111.027, 5111.061, 5111.062, 5111.072, 5111.083,	329
5111.10, 5111.161, 5111.176, 5111.177, 5111.191, 5111.222,	330
5111.234, 5111.242, 5111.254, 5111.256, 5111.265, 5111.266,	331
5111.851, 5111.852, 5111.853, 5111.854, 5111.855, 5111.89,	332
5111.891, 5111.892, 5111.893, 5111.914, 5111.915, 5111.98,	333
5112.341, 5121.30, 5121.31, 5121.32, 5121.33, 5121.34, 5121.35,	334
5121.36, 5121.37, 5121.38, 5121.39, 5121.40, 5121.41, 5121.42,	335
5121.43, 5121.44, 5121.45, 5121.46, 5121.47, 5121.49, 5121.50,	336
5121.51, 5121.52, 5121.53, 5121.54, 5121.55, 5123.1910, 5540.032,	337
5703.057, 5705.219, 5707.031, 5727.031, 5727.241, 5743.021,	338
5743.031, 5743.072, 5743.331, 5743.71, 5743.72, 5743.73, 5743.74,	339
5743.75, 5743.76, 5747.056, 5751.01, 5751.011, 5751.012, 5751.02,	340
5751.021, 5751.03, 5751.031, 5751.032, 5751.033, 5751.034,	341
5751.04, 5751.05, 5751.06, 5751.07, 5751.08, 5751.081, 5751.09,	342
5751.10, 5751.11, 5751.12, 5751.20, 5751.21, 5751.22, 5751.31,	343
5751.50, 5751.51, 5751.52, 5751.98, 5751.99, 5919.31, 5919.341,	344
6111.0210, 6111.0211, 6111.0212, and 6111.0213 of the Revised Code	345
be enacted to read as follows:	346

Sec. 9.06. (A)(1) The department of rehabilitation and	347
correction shall contract for the private operation and management	348
pursuant to this section of the initial intensive program prison	349
established pursuant to section 5120.033 of the Revised Code and	350
may contract for the private operation and management of any other	351
facility under this section. Counties and municipal corporations	352
to the extent authorized in sections 307.93, 341.35, 753.03, and	353
753.15 of the Revised Code, may contract for the private operation	354
and management of a facility under this section. A contract	355
entered into under this section shall be for an initial term of	356
not more than two years, with an option to renew for additional	357
periods of two years.	358

(2) The department of rehabilitation and correction, by rule,	359
shall adopt minimum criteria and specifications that a person or	360
entity, other than a person or entity that satisfies the criteria	361
set forth in division (A)(3)(a) of this section and subject to	362
division (I) of this section, must satisfy in order to apply to	363
operate and manage as a contractor pursuant to this section the	364
initial intensive program prison established pursuant to section	365
5120.033 of the Revised Code.	366

(3) Subject to division (I) of this section, any person or	367
entity that applies to operate and manage a facility as a	368
contractor pursuant to this section shall satisfy one or more of	369
the following criteria:	370

(a) The person or entity is accredited by the American	371
correctional association and, at the time of the application,	372
operates and manages one or more facilities accredited by the	373
American correctional association.	374

(b) The person or entity satisfies all of the minimum	375
criteria and specifications adopted by the department of	376
rehabilitation and correction pursuant to division (A)(2) of this	377
section, provided that this alternative shall be available only in	378
relation to the initial intensive program prison established	379
pursuant to section 5120.033 of the Revised Code.	380

(4) Subject to division (I) of this section, before a public	381
entity may enter into a contract under this section, the	382
contractor shall convincingly demonstrate to the public entity	383
that it can operate the facility with the inmate capacity required	384
by the public entity and provide the services required in this	385
section and realize at least a five per cent savings or, regarding	386
contracts entered into or renewed on or after the effective date	387
of this amendment, at least a ten per cent savings over the	388
projected cost to the public entity of providing these same	389
services to operate the facility that is the subject of the	390
contract. No out-of-state prisoners may be housed in any facility	391
that is the subject of a contract entered into under this section.	392

(B) Subject to division (I) of this section, any contract	393
entered into under this section shall include all of the	394
following:	395

(1) A requirement that the contractor retain the contractor's	396
accreditation from the American correctional association	397
throughout the contract term or, if the contractor applied	398
pursuant to division (A)(3)(b) of this section, continue complying	399
with the applicable criteria and specifications adopted by the	400
department of rehabilitation and correction pursuant to division	401
(A)(2) of this section;	402

(2) A requirement that all of the following conditions be	403
met:	404

(a) The contractor begins the process of accrediting the	405
facility with the American correctional association no later than	406
sixty days after the facility receives its first inmate.	407

(b) The contractor receives accreditation of the facility	408
within twelve months after the date the contractor applies to the	409
American correctional association for accreditation.	410

(c) Once the accreditation is received, the contractor	411
maintains it for the duration of the contract term.	412

(d) If the contractor does not comply with divisions	413
(B)(2)(a) to (c) of this section, the contractor is in violation	414
of the contract, and the public entity may revoke the contract at	415
its discretion.	416

(3) A requirement that the contractor comply with all rules	417
promulgated by the department of rehabilitation and correction	418
that apply to the operation and management of correctional	419
facilities, including the minimum standards for jails in Ohio and	420
policies regarding the use of force and the use of deadly force,	421
although the public entity may require more stringent standards,	422
and comply with any applicable laws, rules, or regulations of the	423
federal, state, and local governments, including, but not limited	424
to, sanitation, food service, safety, and health regulations. The	425
contractor shall be required to send copies of reports of	426
inspections completed by the appropriate authorities regarding	427
compliance with rules and regulations to the director of	428
rehabilitation and correction or the director's designee and, if	429
contracting with a local public entity, to the governing authority	430
of that entity.	431

(4) A requirement that the contractor report for	432
investigation all crimes in connection with the facility to the	433
public entity, to all local law enforcement agencies with	434
jurisdiction over the place at which the facility is located, and,	435
for a crime committed at a state correctional institution, to the	436
state highway patrol;	437

(5) A requirement that the contractor immediately report all	438
escapes from the facility, and the apprehension of all escapees,	439
by telephone and in writing to all local law enforcement agencies	440
with jurisdiction over the place at which the facility is located,	441
to the prosecuting attorney of the county in which the facility is	442
located, to the state highway patrol, to a daily newspaper having	443
general circulation in the county in which the facility is	444
located, and, if the facility is a state correctional institution,	445
to the department of rehabilitation and correction. The written	446
notice may be by either facsimile transmission or mail. A failure	447
to comply with this requirement regarding an escape is a violation	448
of section 2921.22 of the Revised Code.	449

(6) A requirement that, if the facility is a state	450
correctional institution, the contractor provide a written report	451
within specified time limits to the director of rehabilitation and	452
correction or the director's designee of all unusual incidents at	453
the facility as defined in rules promulgated by the department of	454
rehabilitation and correction or, if the facility is a local	455
correctional institution, that the contractor provide a written	456
report of all unusual incidents at the facility to the governing	457
authority of the local public entity;	458

(7) A requirement that the contractor maintain proper control	459
of inmates' personal funds pursuant to rules promulgated by the	460
department of rehabilitation and correction, for state	461
correctional institutions, or pursuant to the minimum standards	462
for jails along with any additional standards established by the	463
local public entity, for local correctional institutions, and that	464
records pertaining to these funds be made available to	465
representatives of the public entity for review or audit;	466

(8) A requirement that the contractor prepare and distribute	467
to the director of rehabilitation and correction or, if	468
contracting with a local public entity, to the governing authority	469
of the local entity, annual budget income and expenditure	470
statements and funding source financial reports;	471

(9) A requirement that the public entity appoint and	472
supervise a full-time contract monitor, that the contractor	473
provide suitable office space for the contract monitor at the	474
facility, and that the contractor allow the contract monitor	475
unrestricted access to all parts of the facility and all records	476
of the facility except the contractor's financial records;	477

(10) A requirement that if the facility is a state	478
correctional institution, designated department of rehabilitation	479
and correction staff members be allowed access to the facility in	480
accordance with rules promulgated by the department;	481

(11) A requirement that the contractor provide internal and	482
perimeter security as agreed upon in the contract;	483

(12) If the facility is a state correctional institution, a	484
requirement that the contractor impose discipline on inmates	485
housed in a state correctional institution, only in accordance	486
with rules promulgated by the department of rehabilitation and	487
correction;	488

(13) A requirement that the facility be staffed at all times	489
with a staffing pattern approved by the public entity and adequate	490
both to ensure supervision of inmates and maintenance of security	491
within the facility, and to provide for programs, transportation,	492
security, and other operational needs. In determining security	493
needs, the contractor shall be required to consider, among other	494
things, the proximity of the facility to neighborhoods and	495
schools.	496

(14) If the contract is with a local public entity, a	497
requirement that the contractor provide services and programs,	498
consistent with the minimum standards for jails promulgated by the	499
department of rehabilitation and correction under section 5120.10	500
of the Revised Code;	501

(15) A clear statement that no immunity from liability	502
granted to the state, and no immunity from liability granted to	503
political subdivisions under Chapter 2744. of the Revised Code,	504
shall extend to the contractor or any of the contractor's	505
employees;	506

(16) A statement that all documents and records relevant to	507
the facility shall be maintained in the same manner required for,	508
and subject to the same laws, rules, and regulations as apply to,	509
the records of the public entity;	510

(17) Authorization for the public entity to impose a fine on	511
the contractor from a schedule of fines included in the contract	512
for the contractor's failure to perform its contractual duties, or	513
to cancel the contract, as the public entity considers	514
appropriate. If a fine is imposed, the public entity may reduce	515
the payment owed to the contractor pursuant to any invoice in the	516
amount of the imposed fine.	517

(18) A statement that all services provided or goods produced	518
at the facility shall be subject to the same regulations, and the	519
same distribution limitations, as apply to goods and services	520
produced at other correctional institutions;	521

(19) Authorization for the department to establish one or	522
more prison industries at a facility operated and managed by a	523
contractor for the department;	524

(20) A requirement that, if the facility is an intensive	525
program prison established pursuant to section 5120.033 of the	526
Revised Code, the facility shall comply with all criteria for	527
intensive program prisons of that type that are set forth in that	528
section;	529

(21) If the institution is a state correctional institution,	530
a requirement that the contractor provide clothing for all inmates	531
housed in the facility that is conspicuous in its color, style, or	532
color and style, that conspicuously identifies its wearer as an	533
inmate, and that is readily distinguishable from clothing of a	534
nature that normally is worn outside the facility by non-inmates,	535
that the contractor require all inmates housed in the facility to	536
wear the clothing so provided, and that the contractor not permit	537
any inmate, while inside or on the premises of the facility or	538
while being transported to or from the facility, to wear any	539
clothing of a nature that does not conspicuously identify its	540
wearer as an inmate and that normally is worn outside the facility	541
by non-inmates.	542

(C) No contract entered into under this section may require,	543
authorize, or imply a delegation of the authority or	544
responsibility of the public entity to a contractor for any of the	545
following:	546

(1) Developing or implementing procedures for calculating	547
inmate release and parole eligibility dates and recommending the	548
granting or denying of parole, although the contractor may submit	549
written reports that have been prepared in the ordinary course of	550
business;	551

(2) Developing or implementing procedures for calculating and	552
awarding earned credits, approving the type of work inmates may	553
perform and the wage or earned credits, if any, that may be	554
awarded to inmates engaging in that work, and granting, denying,	555
or revoking earned credits;	556

(3) For inmates serving a term imposed for a felony offense	557
committed prior to July 1, 1996, or for a misdemeanor offense,	558
developing or implementing procedures for calculating and awarding	559
good time, approving the good time, if any, that may be awarded to	560
inmates engaging in work, and granting, denying, or revoking good	561
time;	562

(4) For inmates serving a term imposed for a felony offense	563
committed on or after July 1, 1996, extending an inmate's term	564
pursuant to the provisions of law governing bad time;	565

(5) Classifying an inmate or placing an inmate in a more or a	566
less restrictive custody than the custody ordered by the public	567
entity;	568

(6) Approving inmates for work release;

569

(7) Contracting for local or long distance telephone services	570
for inmates or receiving commissions from those services at a	571
facility that is owned by or operated under a contract with the	572
department.	573

(D) A contractor that has been approved to operate a facility	574
under this section, and a person or entity that enters into a	575
contract for specialized services, as described in division (I) of	576
this section, relative to an intensive program prison established	577
pursuant to section 5120.033 of the Revised Code to be operated by	578
a contractor that has been approved to operate the prison under	579
this section, shall provide an adequate policy of insurance	580
specifically including, but not limited to, insurance for civil	581
rights claims as determined by a risk management or actuarial firm	582
with demonstrated experience in public liability for state	583
governments. The insurance policy shall provide that the state,	584
including all state agencies, and all political subdivisions of	585
the state with jurisdiction over the facility or in which a	586
facility is located are named as insured, and that the state and	587
its political subdivisions shall be sent any notice of	588
cancellation. The contractor may not self-insure.	589

A contractor that has been approved to operate a facility	590
under this section, and a person or entity that enters into a	591
contract for specialized services, as described in division (I) of	592
this section, relative to an intensive program prison established	593
pursuant to section 5120.033 of the Revised Code to be operated by	594
a contractor that has been approved to operate the prison under	595
this section, shall indemnify and hold harmless the state, its	596
officers, agents, and employees, and any local government entity	597
in the state having jurisdiction over the facility or ownership of	598
the facility, shall reimburse the state for its costs in defending	599
the state or any of its officers, agents, or employees, and shall	600
reimburse any local government entity of that nature for its costs	601
in defending the local government entity, from all of the	602
following:	603

(1) Any claims or losses for services rendered by the	604
contractor, person, or entity performing or supplying services in	605
connection with the performance of the contract;	606

(2) Any failure of the contractor, person, or entity or its	607
officers or employees to adhere to the laws, rules, regulations,	608
or terms agreed to in the contract;	609

(3) Any constitutional, federal, state, or civil rights claim	610
brought against the state related to the facility operated and	611
managed by the contractor;	612

(4) Any claims, losses, demands, or causes of action arising	613
out of the contractor's, person's, or entity's activities in this	614
state;	615

(5) Any attorney's fees or court costs arising from any	616
habeas corpus actions or other inmate suits that may arise from	617
any event that occurred at the facility or was a result of such an	618
event, or arise over the conditions, management, or operation of	619
the facility, which fees and costs shall include, but not be	620
limited to, attorney's fees for the state's representation and for	621
any court-appointed representation of any inmate, and the costs of	622
any special judge who may be appointed to hear those actions or	623
suits.	624

(E) Private correctional officers of a contractor operating	625
and managing a facility pursuant to a contract entered into under	626
this section may carry and use firearms in the course of their	627
employment only after being certified as satisfactorily completing	628
an approved training program as described in division (A) of	629
section 109.78 of the Revised Code.	630

(F) Upon notification by the contractor of an escape from, or	631
of a disturbance at, the facility that is the subject of a	632
contract entered into under this section, the department of	633
rehabilitation and correction and state and local law enforcement	634
agencies shall use all reasonable means to recapture escapees or	635
quell any disturbance. Any cost incurred by the state or its	636
political subdivisions relating to the apprehension of an escapee	637
or the quelling of a disturbance at the facility shall be	638
chargeable to and borne by the contractor. The contractor shall	639
also reimburse the state or its political subdivisions for all	640
reasonable costs incurred relating to the temporary detention of	641
the escapee following recapture.	642

(G) Any offense that would be a crime if committed at a state	643
correctional institution or jail, workhouse, prison, or other	644
correctional facility shall be a crime if committed by or with	645
regard to inmates at facilities operated pursuant to a contract	646
entered into under this section.	647

(H) A contractor operating and managing a facility pursuant	648
to a contract entered into under this section shall pay any inmate	649
workers at the facility at the rate approved by the public entity.	650
Inmates working at the facility shall not be considered employees	651
of the contractor.	652

(I) In contracting for the private operation and management	653
pursuant to division (A) of this section of the initial intensive	654
program prison established pursuant to section 5120.033 of the	655
Revised Code or of any other intensive program prison established	656
pursuant to that section, the department of rehabilitation and	657
correction may enter into a contract with a contractor for the	658
general operation and management of the prison and may enter into	659
one or more separate contracts with other persons or entities for	660
the provision of specialized services for persons confined in the	661
prison, including, but not limited to, security or training	662
services or medical, counseling, educational, or similar treatment	663
programs. If, pursuant to this division, the department enters	664
into a contract with a contractor for the general operation and	665
management of the prison and also enters into one or more	666
specialized service contracts with other persons or entities, all	667
of the following apply:	668

(1) The contract for the general operation and management	669
shall comply with all requirements and criteria set forth in this	670
section, and all provisions of this section apply in relation to	671
the prison operated and managed pursuant to the contract.	672

(2) Divisions (A)(2), (B), and (C) of this section do not	673
apply in relation to any specialized services contract, except to	674
the extent that the provisions of those divisions clearly are	675
relevant to the specialized services to be provided under the	676
specialized services contract. Division (D) of this section	677
applies in relation to each specialized services contract.	678

(J) As used in this section:

679

(1) "Public entity" means the department of rehabilitation	680
and correction, or a county or municipal corporation or a	681
combination of counties and municipal corporations, that has	682
jurisdiction over a facility that is the subject of a contract	683
entered into under this section.	684

(2) "Local public entity" means a county or municipal	685
corporation, or a combination of counties and municipal	686
corporations, that has jurisdiction over a jail, workhouse, or	687
other correctional facility used only for misdemeanants that is	688
the subject of a contract entered into under this section.	689

(3) "Governing authority of a local public entity" means, for	690
a county, the board of county commissioners; for a municipal	691
corporation, the legislative authority; for a combination of	692
counties and municipal corporation, all the boards of county	693
commissioners and municipal legislative authorities that joined to	694
create the facility.	695

(4) "Contractor" means a person or entity that enters into a	696
contract under this section to operate and manage a jail,	697
workhouse, or other correctional facility.	698

(5) "Facility" means the specific county, multicounty,	699
municipal, municipal-county, or multicounty-municipal jail,	700
workhouse, prison, or other type of correctional institution or	701
facility used only for misdemeanants, or a state correctional	702
institution, that is the subject of a contract entered into under	703
this section.	704

(6) "Person or entity" in the case of a contract for the	705
private operation and management of a state correctional	706
institution, includes an employee organization, as defined in	707
section 4117.01 of the Revised Code, that represents employees at	708
state correctional institutions.	709

Sec. 9.24. (A) Except as may be allowed under division (F) of	710
this section, no state agency and no political subdivision shall	711
award a contract as described in division (G)(1) of this section	712
for goods, services, or construction, paid for in whole or in part	713
with state funds, to a person against whom a finding for recovery	714
has been issued by the auditor of state on and after January 1,	715
2001, if the finding for recovery is unresolved.	716

A contract is considered to be awarded when it is entered	717
into or executed, irrespective of whether the parties to the	718
contract have exchanged any money.	719

(B) For purposes of this section, a finding for recovery is	720
unresolved unless one of the following criteria applies:	721

(1) The money identified in the finding for recovery is paid	722
in full to the state agency or political subdivision to whom the	723
money was owed;	724

(2) The debtor has entered into a repayment plan that is	725
approved by the attorney general and the state agency or political	726
subdivision to whom the money identified in the finding for	727
recovery is owed. A repayment plan may include a provision	728
permitting a state agency or political subdivision to withhold	729
payment to a debtor for goods, services, or construction provided	730
to or for the state agency or political subdivision pursuant to a	731
contract that is entered into with the debtor after the date the	732
finding for recovery was issued.	733

(3) The attorney general waives a repayment plan described in	734
division (B)(2) of this section for good cause;	735

(4) The debtor and state agency or political subdivision to	736
whom the money identified in the finding for recovery is owed have	737
agreed to a payment plan established through an enforceable	738
settlement agreement.	739

(5) The state agency or political subdivision desiring to	740
enter into a contract with a debtor certifies, and the attorney	741
general concurs, that all of the following are true:	742

(a) Essential services the state agency or political	743
subdivision is seeking to obtain from the debtor cannot be	744
provided by any other person besides the debtor;	745

(b) Awarding a contract to the debtor for the essential	746
services described in division (B)(5)(a) of this section is in the	747
best interest of the state;	748

(c) Good faith efforts have been made to collect the money	749
identified in the finding of recovery.	750

(6) The debtor has commenced an action to contest the finding	751
for recovery and a final determination on the action has not yet	752
been reached.	753

(C) The attorney general shall submit an initial report to	754
the auditor of state, not later than December 1, 2003, indicating	755
the status of collection for all findings for recovery issued by	756
the auditor of state for calendar years 2001, 2002, and 2003.	757
Beginning on January 1, 2004, the attorney general shall submit to	758
the auditor of state, on the first day of every January, April,	759
July, and October, a list of all findings for recovery that have	760
been resolved in accordance with division (B) of this section	761
during the calendar quarter preceding the submission of the list	762
and a description of the means of resolution. The attorney general	763
shall notify the auditor of state when a judgment is issued	764
against an entity described in division (F)(1) of this section.	765

(D) The auditor of state shall maintain a database,	766
accessible to the public, listing persons against whom an	767
unresolved finding for recovery has been issued, and the amount of	768
the money identified in the unresolved finding for recovery. The	769
auditor of state shall have this database operational on or before	770
January 1, 2004. The initial database shall contain the	771
information required under this division for calendar years 2001,	772
2002, and 2003.	773

Beginning January 15, 2004, the auditor of state shall update	774
the database by the fifteenth day of every January, April, July,	775
and October to reflect resolved findings for recovery that are	776
reported to the auditor of state by the attorney general on the	777
first day of the same month pursuant to division (C) of this	778
section.	779

(E) Before awarding a contract as described in division	780
(G)(1) of this section for goods, services, or construction, paid	781
for in whole or in part with state funds, a state agency or	782
political subdivision shall verify that the person to whom the	783
state agency or political subdivision plans to award the contract	784
has no unresolved finding for recovery issued against the person.	785
A state agency or political subdivision shall verify that the	786
person does not appear in the database described in division (D)	787
of this section or shall obtain other proof that the person has no	788
unresolved finding for recovery issued against the person.	789

(F) The prohibition of division (A) of this section and the	790
requirement of division (E) of this section do not apply with	791
respect to the companies or agreements described in divisions	792
(F)(1) and (2) of this section, or in the circumstance described	793
in division (F)(3) of this section.	794

(1) A bonding company or a company authorized to transact the	795
business of insurance in this state, a self-insurance pool, joint	796
self-insurance pool, risk management program, or joint risk	797
management program, unless a court has entered a final judgment	798
against the company and the company has not yet satisfied the	799
final judgment.	800

(2) To medicaid provider agreements under Chapter 5111. of	801
the Revised Code ~~or payments or provider agreements under~~	802
~~disability assistance medical assistance established under Chapter~~	803
~~5115. of the Revised Code~~.	804

(3) When federal law dictates that a specified entity provide	805
the goods, services, or construction for which a contract is being	806
awarded, regardless of whether that entity would otherwise be	807
prohibited from entering into the contract pursuant to this	808
section.	809

(G)(1) This section applies only to contracts for goods,	810
services, or construction that satisfy the criteria in either	811
division (G)(1)(a) or (b) of this ~~division~~section. This section	812
may apply to contracts for goods, services, or construction that	813
satisfy the criteria in division (G)(1)(c) of this section,	814
provided that the contracts also satisfy the criteria in either	815
division (G)(1)(a) or (b) of this ~~division~~section.	816

(a) The cost for the goods, services, or construction	817
provided under the contract is estimated to exceed twenty-five	818
thousand dollars.	819

(b) The aggregate cost for the goods, services, or	820
construction provided under multiple contracts entered into by the	821
particular state agency and a single person or the particular	822
political subdivision and a single person within the fiscal year	823
preceding the fiscal year within which a contract is being entered	824
into by that same state agency and the same single person or the	825
same political subdivision and the same single person, exceeded	826
fifty thousand dollars.	827

(c) The contract is a renewal of a contract previously	828
entered into and renewed pursuant to that preceding contract.	829

(2) This section does not apply to employment contracts.

830

(H) As used in this section:

831

(1) "State agency" has the same meaning as in section 9.66 of	832
the Revised Code.	833

(2) "Political subdivision" means a political subdivision as	834
defined in section 9.82 of the Revised Code that has received more	835
than fifty thousand dollars of state money in the current fiscal	836
year or the preceding fiscal year.	837

(3) "Finding for recovery" means a determination issued by	838
the auditor of state, contained in a report the auditor of state	839
gives to the attorney general pursuant to section 117.28 of the	840
Revised Code, that public money has been illegally expended,	841
public money has been collected but not been accounted for, public	842
money is due but has not been collected, or public property has	843
been converted or misappropriated.	844

(4) "Debtor" means a person against whom a finding for	845
recovery has been issued.	846

(5) "Person" means the person named in the finding for	847
recovery.	848

(6) "State money" does not include funds the state receives	849
from another source and passes through to a political subdivision.	850

Sec. 9.833. (A) As used in this section, "political	851
subdivision" means a municipal corporation, township, county,	852
~~school district,~~ or other body corporate and politic responsible	853
for governmental activities in a geographic area smaller than that	854
of the state, and agencies and instrumentalities of these	855
entities. For purposes of this section, a school district is not a	856
"political subdivision."	857

(B) Political subdivisions that provide health care benefits	858
for their officers or employees may do any of the following:	859

(1) Establish and maintain an individual self-insurance	860
program with public moneys to provide authorized health care	861
benefits, including but not limited to, health care, prescription	862
drugs, dental care, and vision care, in accordance with division	863
(C) of this section;	864

(2) After establishing an individual self-insurance program,	865
agree with other political subdivisions that have established	866
individual self-insurance programs for health care benefits, that	867
their programs will be jointly administered in a manner specified	868
in the agreement;	869

(3) Pursuant to a written agreement and in accordance with	870
division (C) of this section, join in any combination with other	871
political subdivisions to establish and maintain a joint	872
self-insurance program to provide health care benefits;	873

(4) Pursuant to a written agreement, join in any combination	874
with other political subdivisions to procure or contract for	875
policies, contracts, or plans of insurance to provide health care	876
benefits for their officers and employees subject to the	877
agreement;	878

(5) Use in any combination any of the policies, contracts,	879
plans, or programs authorized under this division.	880

(C) Except as otherwise provided in division (E) of this	881
section, the following apply to individual or joint self-insurance	882
programs established pursuant to this section:	883

(1) Such funds shall be reserved as are necessary, in the	884
exercise of sound and prudent actuarial judgment, to cover	885
potential cost of health care benefits for the officers and	886
employees of the political subdivision. A report of amounts so	887
reserved and disbursements made from such funds, together with a	888
written report of a member of the American academy of actuaries	889
certifying whether the amounts reserved conform to the	890
requirements of this division, are computed in accordance with	891
accepted loss reserving standards, and are fairly stated in	892
accordance with sound loss reserving principles, shall be prepared	893
and maintained, within ninety days after the last day of the	894
fiscal year of the entity for which the report is provided for	895
that fiscal year, in the office of the program administrator	896
described in division (C)(3) of this section.	897

The report required by division (C)(1) of this section shall	898
include, but not be limited to, disbursements made for the	899
administration of the program, including claims paid, costs of the	900
legal representation of political subdivisions and employees, and	901
fees paid to consultants.	902

The program administrator described in division (C)(3) of	903
this section shall make the report required by this division	904
available for inspection by any person at all reasonable times	905
during regular business hours, and, upon the request of such	906
person, shall make copies of the report available at cost within a	907
reasonable period of time.	908

(2) Each political subdivision shall reserve funds necessary	909
for an individual or joint self-insurance program in a special	910
fund that may be established for political subdivisions other than	911
an agency or instrumentality pursuant to an ordinance or	912
resolution of the political subdivision and not subject to section	913
5705.12 of the Revised Code. An agency or instrumentality shall	914
reserve the funds necessary for an individual or joint	915
self-insurance program in a special fund established pursuant to a	916
resolution duly adopted by the agency's or instrumentality's	917
governing board. The political subdivision may allocate the costs	918
of insurance or any self-insurance program, or both, among the	919
funds or accounts ~~in the subdivision's treasury~~established under	920
this division on the basis of relative exposure and loss	921
experience.	922

(3) A contract may be awarded, without the necessity of	923
competitive bidding, to any person, political subdivision,	924
nonprofit corporation organized under Chapter 1702. of the Revised	925
Code, or regional council of governments created under Chapter	926
167. of the Revised Code for purposes of administration of an	927
individual or joint self-insurance program. No such contract shall	928
be entered into without full, prior, public disclosure of all	929
terms and conditions. The disclosure shall include, at a minimum,	930
a statement listing all representations made in connection with	931
any possible savings and losses resulting from the contract, and	932
potential liability of any political subdivision or employee. The	933
proposed contract and statement shall be disclosed and presented	934
at a meeting of the political subdivision not less than one week	935
prior to the meeting at which the political subdivision authorizes	936
the contract.	937

A contract awarded to a nonprofit corporation or a regional	938
council of governments under this division may provide that all	939
employees of the nonprofit corporation or regional council of	940
governments and the employees of all entities related to the	941
nonprofit corporation or regional council of governments may be	942
covered by the individual or joint self-insurance program under	943
the terms and conditions set forth in the contract.	944

(4) The individual or joint self-insurance program shall	945
include a contract with a member of the American academy of	946
actuaries for the preparation of the written evaluation of the	947
reserve funds required under division (C)(1) of this section.	948

(5) A joint self-insurance program may allocate the costs of	949
funding the program among the funds or accounts ~~in the treasuries~~	950
ofestablished under this division to the participating political	951
subdivisions on the basis of their relative exposure and loss	952
experience.	953

(6) An individual self-insurance program may allocate the	954
costs of funding the program among the funds or accounts ~~in the~~	955
~~treasury of~~established under this division to the political	956
subdivision that established the program.	957

(7) Two or more political subdivisions may also authorize the	958
establishment and maintenance of a joint health care cost	959
containment program, including, but not limited to, the employment	960
of risk managers, health care cost containment specialists, and	961
consultants, for the purpose of preventing and reducing health	962
care costs covered by insurance, individual self-insurance, or	963
joint self-insurance programs.	964

(8) A political subdivision is not liable under a joint	965
self-insurance program for any amount in excess of amounts payable	966
pursuant to the written agreement for the participation of the	967
political subdivision in the joint self-insurance program. Under a	968
joint self-insurance program agreement, a political subdivision	969
may, to the extent permitted under the written agreement, assume	970
the risks of any other political subdivision. A joint	971
self-insurance program established under this section is deemed a	972
separate legal entity for the public purpose of enabling the	973
members of the joint self-insurance program to obtain insurance or	974
to provide for a formalized, jointly administered self-insurance	975
fund for its members. An entity created pursuant to this section	976
is exempt from all state and local taxes.	977

(9) Any political subdivision, other than an agency or	978
instrumentality, may issue general obligation bonds, or special	979
obligation bonds that are not payable from real or personal	980
property taxes, and may also issue notes in anticipation of such	981
bonds, pursuant to an ordinance or resolution of its legislative	982
authority or other governing body for the purpose of providing	983
funds to pay expenses associated with the settlement of claims,	984
whether by way of a reserve or otherwise, and to pay the political	985
subdivision's portion of the cost of establishing and maintaining	986
an individual or joint self-insurance program or to provide for	987
the reserve in the special fund authorized by division (C)(2) of	988
this section.	989

In its ordinance or resolution authorizing bonds or notes	990
under this section, a political subdivision may elect to issue	991
such bonds or notes under the procedures set forth in Chapter 133.	992
of the Revised Code. In the event of such an election,	993
notwithstanding Chapter 133. of the Revised Code, the maturity of	994
the bonds may be for any period authorized in the ordinance or	995
resolution not exceeding twenty years, which period shall be the	996
maximum maturity of the bonds for purposes of section 133.22 of	997
the Revised Code.	998

Bonds and notes issued under this section shall not be	999
considered in calculating the net indebtedness of the political	1000
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	1001
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	1002
hereby made applicable to bonds or notes authorized under this	1003
section.	1004

(10) A joint self-insurance program is not an insurance	1005
company. Its operation does not constitute doing an insurance	1006
business and is not subject to the insurance laws of this state.	1007

(D) A political subdivision may procure group life insurance	1008
for its employees in conjunction with an individual or joint	1009
self-insurance program authorized by this section, provided that	1010
the policy of group life insurance is not self-insured.	1011

(E) Divisions (C)(1), (2), and (4) of this section do not	1012
apply to individual self-insurance programs in municipal	1013
corporations, townships, or counties.	1014

(F) A public official or employee of a political subdivision	1015
who is or becomes a member of the governing body of the program	1016
administrator of a joint self-insurance program in which the	1017
political subdivision participates is not in violation of division	1018
(D) or (E) of section 102.03, division (C) of section 102.04, or	1019
section 2921.42 of the Revised Code as a result of either of the	1020
following:	1021

(1) The political subdivision's entering under this section	1022
into the written agreement to participate in the joint	1023
self-insurance program;	1024

(2) The political subdivision's entering under this section	1025
into any other contract with the joint self-insurance program.	1026

Sec. 9.90. (A) The governing board of any public institution	1027
of higher education, including without limitation state	1028
universities and colleges, community college districts, university	1029
branch districts, technical college districts, and municipal	1030
universities, ~~or the board of education of any school district,~~	1031
may, in addition to all other powers provided in the Revised Code:	1032

(1) Contract for, purchase, or otherwise procure from an	1033
insurer or insurers licensed to do business by the state of Ohio	1034
for or on behalf of such of its employees as it may determine,	1035
life insurance, or sickness, accident, annuity, endowment, health,	1036
medical, hospital, dental, or surgical coverage and benefits, or	1037
any combination thereof, by means of insurance plans or other	1038
types of coverage, family, group or otherwise, and may pay from	1039
funds under its control and available for such purpose all or any	1040
portion of the cost, premium, or charge for such insurance,	1041
coverage, or benefits. However, the governing board, in addition	1042
to or as an alternative to the authority otherwise granted by	1043
division (A)(1) of this section, may elect to procure coverage for	1044
health care services, for or on behalf of such of its employees as	1045
it may determine, by means of policies, contracts, certificates,	1046
or agreements issued by at least two health insuring corporations	1047
holding a certificate of authority under Chapter 1751. of the	1048
Revised Code and may pay from funds under the governing board's	1049
control and available for such purpose all or any portion of the	1050
cost of such coverage.	1051

(2) Make payments to a custodial account for investment in	1052
regulated investment company stock for the purpose of providing	1053
retirement benefits as described in section 403(b)(7) of the	1054
Internal Revenue Code of 1954, as amended. Such stock shall be	1055
purchased only from persons authorized to sell such stock in this	1056
state.	1057

Any income of an employee deferred under divisions (A)(1) and	1058
(2) of this section in a deferred compensation program eligible	1059
for favorable tax treatment under the Internal Revenue Code of	1060
1954, as amended, shall continue to be included as regular	1061
compensation for the purpose of computing the contributions to and	1062
benefits from the retirement system of such employee. Any sum so	1063
deferred shall not be included in the computation of any federal	1064
and state income taxes withheld on behalf of any such employee.	1065

(B) All or any portion of the cost, premium, or charge	1066
therefor may be paid in such other manner or combination of	1067
manners as the governing board ~~or the school board~~ may determine,	1068
including direct payment by the employee in cases under division	1069
(A)(1) of this section, and, if authorized in writing by the	1070
employee in cases under division (A)(1) or (2) of this section, by	1071
such governing board ~~or school board~~ with moneys made available by	1072
deduction from or reduction in salary or wages or by the foregoing	1073
of a salary or wage increase. Division (B)(7) of section 3917.01	1074
and the last paragraph of section 3917.06 of the Revised Code	1075
shall not prohibit the issuance or purchase of group life	1076
insurance authorized by this section by reason of payment of	1077
premiums therefor by the governing board ~~or the school board~~ from	1078
its funds, and such group life insurance may be so issued and	1079
purchased if otherwise consistent with the provisions of sections	1080
3917.01 to 3917.07 of the Revised Code.	1081

(C) The board of education of any school district may	1082
exercise any of the powers granted to the governing boards of	1083
public institutions of higher education under divisions (A) and	1084
(B) of this section, except in relation to the provision of life	1085
and health care benefits to employees. All life and health care	1086
benefits provided to persons employed by the public schools of	1087
this state shall be from life and medical plans designed by the	1088
school employees health care board pursuant to section 9.901 of	1089
the Revised Code.	1090

Sec. 9.901. (A) All life and health care benefits provided	1091
to persons employed by the public schools of this state shall be	1092
provided by life and medical plans designed pursuant to this	1093
section by the school employees health care board. The board, in	1094
consultation with the superintendent of insurance, shall negotiate	1095
with and, in accordance with the competitive selection procedures	1096
of Chapter 125. of the Revised Code, contract with one or more	1097
insurance companies authorized to do business in this state for	1098
the issuance of the plans so designed. As used in this section, a	1099
"public school" means a school in a city, local, exempted village,	1100
or joint vocational school district, and includes the educational	1101
service centers associated with those schools.	1102

(B) The school employees health care board is hereby created.	1103
The school employees health care board shall consist of the	1104
following nine members and shall include individuals with	1105
experience with public school benefit programs, health care	1106
industry providers, and medical plan beneficiaries:	1107

(1) Three members appointed by the governor;

1108

(2) Three members appointed by the president of the senate;

1109

(3) Three members appointed by the speaker of the house of	1110
representatives.	1111

A member of the school employees health care board shall not	1112
be employed by, represent, or in any way be affiliated with a	1113
private entity that is providing services to the board, employers,	1114
or employees.	1115

(C)(1) Members of the school employees health care board	1116
shall serve four-year terms; however, one of each of the initial	1117
members appointed under divisions (B)(1) to (3) of this section	1118
shall be appointed to a term of one year. The initial appointments	1119
under this section shall be made within forty-five days after the	1120
effective date of this section.	1121

Members' terms shall end on the same day of the same month as	1122
the effective date of this section, but a member shall continue to	1123
serve subsequent to the expiration of the member's term until a	1124
successor is appointed. Any vacancy occurring during a member's	1125
term shall be filled in the same manner as the original	1126
appointment, except that the person appointed to fill the vacancy	1127
shall be appointed to the remainder of the unexpired term.	1128

(2) Members shall serve without compensation but shall be	1129
reimbursed from the school employees health care fund for actual	1130
and necessary expenses incurred in the performance of their	1131
official duties as members of the board.	1132

(3) Members may be removed by their appointing authority for	1133
misfeasance, malfeasance, incompetence, dereliction of duty, or	1134
other just cause.	1135

(D)(1) The governor shall call the first meeting of the	1136
school employees health care board. At that meeting, and annually	1137
thereafter, the board shall elect a chairperson and may elect	1138
members to other positions on the board as the board considers	1139
necessary or appropriate. The board shall meet at least four times	1140
each calendar year and shall also meet at the call of the	1141
chairperson or three or more board members. The chairperson shall	1142
provide reasonable advance notice of the time and place of board	1143
meetings to all members.	1144

(2) A majority of the board constitutes a quorum for the	1145
transaction of business at a board meeting. A majority vote of the	1146
members present is necessary for official action.	1147

(E) The school employees health care board shall conduct its	1148
business at open meetings; however, the records of the board are	1149
not public records for purposes of section 149.43 of the Revised	1150
Code.	1151

(F) The school employees health care fund is hereby created	1152
in the state treasury. The public schools shall pay all school	1153
employees health care board plan premiums in the manner prescribed	1154
by the school employees health care board to the board for deposit	1155
into the school employees health care fund. All funds in the	1156
school employees health care fund shall be used solely for the	1157
provision of life and health care benefits to public schools	1158
employees pursuant to this section and related administrative	1159
costs.	1160

(G) The school employees health care board shall do all of	1161
the following:	1162

(1) Design multiple life and medical plans to provide, in the	1163
board's judgment, the optimal combination of coverage, cost,	1164
choice, and stability;	1165

(2) Include both state and regional preferred provider plans	1166
in the medical plans designed by the board;	1167

(3) Set an aggregate goal for employee and employer portions	1168
of premiums for the board's life and medical plans so as to manage	1169
plan participation and encourage the use of value-based plan	1170
participation by employees;	1171

(4) Set employee plan copayments, deductibles, exclusions,	1172
limitations, formularies, and other responsibilities;	1173

(5) Create and distribute to the governor, the speaker of the	1174
house of representatives, and the president of the senate, an	1175
annual report covering the plan background; plan coverage options;	1176
plan administration, including procedures for monitoring and	1177
managing objectives, scope, and methodology; plan operations;	1178
employee and employer contribution rates and the relationship	1179
between the rates and the school employees health care fund	1180
balance; a means to develop and maintain identity and evaluate	1181
alternative employee and employer cost-sharing strategies; an	1182
evaluation of the effectiveness of cost-saving services and	1183
programs; an evaluation of efforts to control and manage member	1184
eligibility and to insure that proper employee and employer	1185
contributions are remitted to the trust fund; efforts to prevent	1186
and detect fraud; and efforts to manage and monitor board	1187
contracts;	1188

(6) Utilize cost containment measures aligned with patient,	1189
plan, and provider management strategies in developing and	1190
managing life and medical plans.	1191

(H) The sections in Chapter 3923. of the Revised Code	1192
regulating public employee benefit plans are not applicable to the	1193
medical plans designed pursuant to this section.	1194

(I)(1) Public schools are not subject to this section prior	1195
to the release of life and medical plans designed pursuant to this	1196
section. The school employees health care board shall release its	1197
initial life and medical plans not later than March 15, 2006.	1198

(2) Districts offering employee health care benefits through	1199
a plan offered by a consortium of two or more districts, or a	1200
consortium of one or more districts and one or more political	1201
subdivisions as defined in section 9.833 of the Revised Code,	1202
representing five thousand or more employees as of January 1,	1203
2005, may request permission from the school employees health care	1204
board to continue offering consortium plans to the districts'	1205
employees at the discretion of the board. If the board grants	1206
permission, the permission is valid for only one year but may be	1207
renewed annually thereafter upon application to an approval of the	1208
board. The board shall grant initial or continued approval upon	1209
finding, based on an actuarial evaluation of the existing	1210
consortium plan offerings, that benefit design, premium costs,	1211
administrative cost, and other factors considered by the board are	1212
equivalent to or lower than comparable costs of the board's plan	1213
options offered to the local district. Age and gender adjustments,	1214
benefit comparison adjustments, and the total cost of the	1215
consortium plan, including administration, benefit cost, stop-loss	1216
insurance, and all other expenses or information requested by the	1217
board shall be presented to the board prior to the board's	1218
decision to allow a local district to continue to offer health	1219
care benefits under a consortium plan. A district shall not	1220
participate in the consortium plan once the district has chosen to	1221
offer plans designed by the board to the district's employees and	1222
begins premium payments for deposit into the school employees	1223
health care fund.	1224

(J) The school employees health care board may contract with	1225
other state agencies as the board deems necessary for the	1226
implementation and operation of this section, based on	1227
demonstrated experience and expertise in administration,	1228
management, data handling, actuarial studies, quality assurance,	1229
or other needed services. The school employees health care board	1230
shall contract with the department of administrative services for	1231
central services until the board is able to obtain such services	1232
from other sources. The board shall reimburse the department of	1233
administrative services for the reasonable cost of those services.	1234
The board's administrative functions shall include, but are not	1235
limited to, the following:	1236

(1) Maintaining reserves in the school employees health care	1237
fund, reinsurance, and other measures that in the judgment of the	1238
board will result in the long-term stability and solvency of the	1239
life and medical plans designed by the board;	1240

(2) Providing health care information, wellness programs, and	1241
other preventive health care measures to medical plan	1242
beneficiaries, to the extent that the board determines to be	1243
appropriate;	1244

(3) Coordinating contracts for services related to the	1245
board's life and medical plans. Contracts shall be approved by the	1246
school employees health care board.	1247

(K) Not less than ninety days before coverage begins for	1248
public school employees under life and medical plans designed by	1249
the school employees health care board, a school district's board	1250
of education shall provide detailed information about the life and	1251
medical plans to the employees.	1252

(L) The Ohio board of regents shall report to the governor,	1253
the speaker of the house of representatives, and the president of	1254
the senate within eighteen months after the effective date of this	1255
section on the feasibility of achieving all of the following:	1256

(1) Designing multiple life and medical plans to cover	1257
persons employed by public institutions of higher education that	1258
achieve an optimal combination of coverage, cost, choice, and	1259
stability, which plans include both state and regional preferred	1260
provider plans, set employee and employer premiums, and set	1261
employee plan copayments, deductibles, exclusions, limitations,	1262
formularies, and other responsibilities. For this purpose, "public	1263
institutions of higher education" include, without limitation,	1264
state universities and colleges, state community college	1265
districts, community college districts, university branch	1266
districts, technical college districts, and municipal	1267
universities.	1268

(2) Maintaining reserves, reinsurance, and other measures to	1269
insure the long-term stability and solvency of the life and	1270
medical plans;	1271

(3) Providing appropriate health care information, wellness	1272
programs, and other preventive health care measures to medical	1273
plan beneficiaries;	1274

(4) Coordinating contracts for services related to the life	1275
and medical plans.	1276

Sec. 101.68. (A) ~~Within~~Subject to division (D) of this	1277
section, within thirty days of the convening of the first regular	1278
session of the general assembly, each agency required to submit	1279
reports or similar documents to the general assembly pursuant to	1280
section 103.43, 3301.07, 5139.33, 5501.07, 5537.17, or 5593.21 of	1281
the Revised Code shall send written notice to each member of the	1282
general assembly in order to determine whether the member desires	1283
to personally receive the reports or similar documents as they are	1284
made available by the agency. If the member desires to personally	1285
receive the reports or similar documents as they become available,	1286
the member shall send a written request to the agency within	1287
thirty days of receiving the notice.	1288

(B) Whenever any statute or rule requires that a report,	1289
recommendation, or other similar document be submitted to the	1290
general assembly under a law not cited in division (A) of this	1291
section, to the members of the general assembly, to one house of	1292
the general assembly, or to the members of one house of the	1293
general assembly, the requirement shall be fulfilled by the	1294
submission of a copy of the report, recommendation, or document to	1295
the director of the legislative service commission, the president	1296
of the senate, the minority leader of the senate, the speaker of	1297
the house of representatives, and the minority leader of the house	1298
of representatives if both houses of the general assembly or their	1299
members are specified, or to the director of the legislative	1300
service commission, the president of the senate, and the minority	1301
leader of the senate if only the senate or its members are	1302
specified, or to the director of the legislative service	1303
commission, the speaker of the house of representatives, and the	1304
minority leader of the house of representatives if only the house	1305
of representatives or its members are specified. This division	1306
does not apply to items required to be distributed to members of	1307
the general assembly pursuant to section 103.14, 149.04, 149.07,	1308
or 149.17 of the Revised Code.	1309

(C) Each month the legislative service commission shall	1310
provide to each member of the senate and to each member of the	1311
house of representatives a list of all reports, recommendations,	1312
and documents submitted to the officers of the general assembly	1313
under division (B) of this section. The list shall include a short	1314
and accurate description of the content, length, and form of each	1315
report, recommendation, or document submitted, as well as a	1316
statement setting forth the number printed, if applicable, and the	1317
cost of preparation. Each member may request from the legislative	1318
service commission a copy of any report, recommendation, or	1319
document on the list, and the legislative service commission shall	1320
comply with any such request.	1321

(D) Notwithstanding any provision of the Revised Code to the	1322
contrary, whenever any statute or rule requires that an agency	1323
submit a report, recommendation, or other similar document to the	1324
general assembly or otherwise as described in division (B) of this	1325
section in a paper, book, or other hard copy format, the report,	1326
recommendation, or other document, to the extent technologically	1327
feasible, shall be submitted to the general assembly or otherwise	1328
as described in division (B) of this section through electronic	1329
means, rather than in the hard copy format, and shall be displayed	1330
by the agency on a web site it maintains.	1331

Sec. 102.01. As used in this chapter:

1332

(A) "Compensation" means money, thing of value, or financial	1333
benefit. "Compensation" does not include reimbursement for actual	1334
and necessary expenses incurred in the performance of official	1335
duties.	1336

(B) "Public official or employee" means any person who is	1337
elected or appointed to an office or is an employee of any public	1338
agency. "Public official or employee" does not include a person	1339
elected or appointed to the office of precinct, ward, or district	1340
committee member under section 3517.03 of the Revised Code, any	1341
presidential elector, or any delegate to a national convention.	1342
"Public official or employee" does not include a person who is a	1343
teacher, instructor, professor, or other kind of educator whose	1344
position does not involve the performance of, or authority to	1345
perform, administrative or supervisory functions.	1346

(C) "Public agency" means the general assembly, all courts,	1347
any department, division, institution, board, commission,	1348
authority, bureau, or other instrumentality of the state,or a	1349
county, city, village, or township, the five state retirement	1350
systems, or any other governmental entity. "Public agency" does	1351
not include a department, division, institution, board,	1352
commission, authority, or other instrumentality of the state or a	1353
county, municipal corporation, township, or other governmental	1354
entity that functions exclusively for cultural, educational,	1355
historical, humanitarian, advisory, or research purposes; that	1356
does not expend more than ten thousand dollars per calendar year,	1357
excluding salaries and wages of employees; and whose members are	1358
uncompensated.	1359

(D) "Immediate family" means a spouse residing in the	1360
person's household and any dependent child.	1361

(E) "Income" includes gross income as defined and used in the	1362
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	1363
amended, interest and dividends on obligations or securities of	1364
any state or of any political subdivision or authority of any	1365
state or political subdivision, and interest or dividends on	1366
obligations of any authority, commission, or instrumentality of	1367
the United States.	1368

(F) Except as otherwise provided in division (A) of section	1369
102.08 of the Revised Code, "appropriate ethics commission" means:	1370

(1) For matters relating to members of the general assembly,	1371
employees of the general assembly, employees of the legislative	1372
service commission, employees of the capitol square review and	1373
advisory board, and candidates for the office of member of the	1374
general assembly, the joint legislative ethics committee;	1375

(2) For matters relating to judicial officers and employees,	1376
and candidates for judicial office, the board of commissioners on	1377
grievances and discipline of the supreme court;	1378

(3) For matters relating to all other persons, the Ohio	1379
ethics commission.	1380

(G) "Anything of value" has the same meaning as provided in	1381
section 1.03 of the Revised Code and includes, but is not limited	1382
to, a contribution as defined in section 3517.01 of the Revised	1383
Code.	1384

(H) "Honorarium" means any payment made in consideration for	1385
any speech given, article published, or attendance at any public	1386
or private conference, convention, meeting, social event, meal, or	1387
similar gathering. "Honorarium" does not include ceremonial gifts	1388
or awards that have insignificant monetary value; unsolicited	1389
gifts of nominal value or trivial items of informational value; or	1390
earned income from any person, other than a legislative agent, for	1391
personal services that are customarily provided in connection with	1392
the practice of a bona fide business, if that business initially	1393
began before the public official or employee conducting that	1394
business was elected or appointed to the public official's or	1395
employee's office or position of employment.	1396

(I) "Employer" means any person who, directly or indirectly,	1397
engages an executive agency lobbyist or legislative agent.	1398

(J) "Executive agency decision," "executive agency lobbyist,"	1399
and "executive agency lobbying activity" have the same meanings as	1400
in section 121.60 of the Revised Code.	1401

(K) "Legislation," "legislative agent," "financial	1402
transaction," and "actively advocate" have the same meanings as in	1403
section 101.70 of the Revised Code.	1404

(L) "Expenditure" has the same meaning as in section 101.70	1405
of the Revised Code when used in relation to activities of a	1406
legislative agent, and the same meaning as in section 121.60 of	1407
the Revised Code when used in relation to activities of an	1408
executive agency lobbyist.	1409

Sec. 105.41. (A) There is hereby created the capitol square	1410
review and advisory board, consisting of thirteen members as	1411
follows:	1412

(1) Two members of the senate, appointed by the president of	1413
the senate, both of whom shall not be members of the same	1414
political party;	1415

(2) Two members of the house of representatives, appointed by	1416
the speaker of the house of representatives, both of whom shall	1417
not be members of the same political party;	1418

(3) Five members appointed by the governor, with the advice	1419
and consent of the senate, not more than three of whom shall be	1420
members of the same political party, one of whom shall represent	1421
the office of the state architect and engineer, one of whom shall	1422
represent the Ohio arts council, one of whom shall represent the	1423
Ohio historical society, one of whom shall represent the Ohio	1424
building authority, and one of whom shall represent the public at	1425
large;	1426

(4) One member, who shall be a former president of the	1427
senate, appointed by the current president of the senate. If the	1428
current president of the senate, in the current president's	1429
discretion, decides for any reason not to make the appointment or	1430
if no person is eligible or available to serve, the seat shall	1431
remain vacant.	1432

(5) One member, who shall be a former speaker of the house of	1433
representatives, appointed by the current speaker of the house of	1434
representatives. If the current speaker of the house of	1435
representatives, in the current speaker's discretion, decides for	1436
any reason not to make the appointment or if no person is eligible	1437
or available to serve, the seat shall remain vacant.	1438

(6) The clerk of the senate and the clerk of the house of	1439
representatives.	1440

(B) Terms of office of each appointed member of the board	1441
shall be for three years, except that members of the general	1442
assembly appointed to the board shall be members of the board only	1443
so long as they are members of the general assembly. Each member	1444
shall hold office from the date of the member's appointment until	1445
the end of the term for which the member was appointed. In case of	1446
a vacancy occurring on the board, the president of the senate, the	1447
speaker of the house of representatives, or the governor, as the	1448
case may be, shall in the same manner prescribed for the regular	1449
appointment to the commission, fill the vacancy by appointing a	1450
member. Any member appointed to fill a vacancy occurring prior to	1451
the expiration of the term for which the member's predecessor was	1452
appointed shall hold office for the remainder of the term. Any	1453
appointed member shall continue in office subsequent to the	1454
expiration date of the member's term until the member's successor	1455
takes office, or until a period of sixty days has elapsed,	1456
whichever occurs first.	1457

(C) The board shall hold meetings in a manner and at times	1458
prescribed by the rules adopted by the board. A majority of the	1459
board constitutes a quorum, and no action shall be taken by the	1460
board unless approved by at least six members or by at least seven	1461
members if a person is appointed under division (A)(4) or (5) of	1462
this section. At its first meeting, the board shall adopt rules	1463
for the conduct of its business and the election of its officers,	1464
and shall organize by selecting a chairperson and other officers	1465
as it considers necessary. Board members shall serve without	1466
compensation but shall be reimbursed for actual and necessary	1467
expenses incurred in the performance of their duties.	1468

(D) The board may do any of the following:

1469

(1) Employ or hire on a consulting basis professional,	1470
technical, and clerical employees as are necessary for the	1471
performance of its duties;	1472

(2) Hold public hearings at times and places as determined by	1473
the board;	1474

(3) Adopt, amend, or rescind rules necessary to accomplish	1475
the duties of the board as set forth in this section;	1476

(4) Sponsor, conduct, and support such social events as the	1477
board may authorize and consider appropriate for the employees of	1478
the board, employees and members of the general assembly,	1479
employees of persons under contract with the board or otherwise	1480
engaged to perform services on the premises of capitol square, or	1481
other persons as the board may consider appropriate. Subject to	1482
the requirements of Chapter 4303. of the Revised Code, the board	1483
may provide beer, wine, and intoxicating liquor, with or without	1484
charge, for those events and may use funds only from the sale of	1485
goods and services fund to purchase the beer, wine, and	1486
intoxicating liquor the board provides.	1487

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

1488

(1) Have sole authority to coordinate and approve any	1489
improvements, additions, and renovations that are made to the	1490
capitol square. The improvements shall include, but not be limited	1491
to, the placement of monuments and sculpture on the capitol	1492
grounds.	1493

(2) Subject to section 3353.07 of the Revised Code, operate	1494
the capitol square, and have sole authority to regulate all uses	1495
of the capitol square. The uses shall include, but not be limited	1496
to, the casual and recreational use of the capitol square.	1497

(3) Employ, with the approval of the president of the senate	1498
and the speaker of the house of representatives, the executive	1499
director of the board; fix the compensation of and prescribe the	1500
duties of the executive director; and employ, fix the compensation	1501
of, and prescribe the duties of ~~the executive director of the~~	1502
~~board and~~ other employees the board considers necessary for the	1503
performance of its powers and duties;	1504

(4) Establish and maintain the capitol collection trust. The	1505
capitol collection trust shall consist of furniture, antiques, and	1506
other items of personal property that the board shall store in	1507
suitable facilities until they are ready to be placed in the	1508
capitol square.	1509

(5) Perform repair, construction, contracting, purchasing,	1510
maintenance, supervisory, and operating activities the board	1511
determines are necessary for the operation and maintenance of the	1512
capitol square;	1513

(6) Maintain and preserve the capitol square, in accordance	1514
with guidelines issued by the United States secretary of the	1515
interior for application of the secretary's standards for	1516
rehabilitation adopted in 36 C.F.R. part 67.	1517

(F)(1) The board shall lease capital facilities improved or	1518
financed by the Ohio building authority pursuant to Chapter 152.	1519
of the Revised Code for the use of the board, and may enter into	1520
any other agreements with the authority ancillary to improvement,	1521
financing, or leasing of those capital facilities, including, but	1522
not limited to, any agreement required by the applicable bond	1523
proceedings authorized by Chapter 152. of the Revised Code. Any	1524
lease of capital facilities authorized by this section shall be	1525
governed by division (D) of section 152.24 of the Revised Code.	1526

(2) Fees, receipts, and revenues received by the board from	1527
the state underground parking garage constitute available receipts	1528
as defined in section 152.09 of the Revised Code, and may be	1529
pledged to the payment of bond service charges on obligations	1530
issued by the Ohio building authority pursuant to Chapter 152. of	1531
the Revised Code to improve or finance capital facilities useful	1532
to the board. The authority may, with the consent of the board,	1533
provide in the bond proceedings for a pledge of all or a portion	1534
of those fees, receipts, and revenues as the authority determines.	1535
The authority may provide in the bond proceedings or by separate	1536
agreement with the board for the transfer of those fees, receipts,	1537
and revenues to the appropriate bond service fund or bond service	1538
reserve fund as required to pay the bond service charges when due,	1539
and any such provision for the transfer of those fees, receipts,	1540
and revenues shall be controlling notwithstanding any other	1541
provision of law pertaining to those fees, receipts, and revenues.	1542

(3) All moneys received by the treasurer of state on account	1543
of the board and required by the applicable bond proceedings or by	1544
separate agreement with the board to be deposited, transferred, or	1545
credited to the bond service fund or bond service reserve fund	1546
established by the bond proceedings shall be transferred by the	1547
treasurer of state to such fund, whether or not it is in the	1548
custody of the treasurer of state, without necessity for further	1549
appropriation, upon receipt of notice from the Ohio building	1550
authority as prescribed in the bond proceedings.	1551

(G) All fees, receipts, and revenues received by the board	1552
from the state underground parking garage shall be deposited into	1553
the state treasury to the credit of the underground parking garage	1554
operating fund, which is hereby created, to be used for the	1555
purposes specified in division (F) of this section and for the	1556
operation and maintenance of the garage. All investment earnings	1557
of the fund shall be credited to the fund.	1558

(H) All donations received by the board shall be deposited	1559
into the state treasury to the credit of the capitol square	1560
renovation gift fund, which is hereby created. The fund shall be	1561
used by the board as follows:	1562

(1) To provide part or all of the funding related to	1563
construction, goods, or services for the renovation of the capitol	1564
square;	1565

(2) To purchase art, antiques, and artifacts for display at	1566
the capitol square;	1567

(3) To award contracts or make grants to organizations for	1568
educating the public regarding the historical background and	1569
governmental functions of the capitol square. Chapters 125., 127.,	1570
and 153. and section 3517.13 of the Revised Code do not apply to	1571
purchases made exclusively from the fund, notwithstanding anything	1572
to the contrary in those chapters or that section. All investment	1573
earnings of the fund shall be credited to the fund.	1574

(I) Except as provided in divisions (G), (H), and (J) of this	1575
section, all fees, receipts, and revenues received by the board	1576
shall be deposited into the state treasury to the credit of the	1577
sale of goods and services fund, which is hereby created. Money	1578
credited to the fund shall be used solely to pay costs of the	1579
board other than those specified in divisions (F) and (G) of this	1580
section. All investment earnings of the fund shall be credited to	1581
the fund.	1582

(J) There is hereby created in the state treasury the capitol	1583
square improvement fund, to be used by the board to pay	1584
construction, renovation, and other costs related to the capitol	1585
square for which money is not otherwise available to the board.	1586
Whenever the board determines that there is a need to incur those	1587
costs and that the unencumbered, unobligated balance to the credit	1588
of the underground parking garage operating fund exceeds the	1589
amount needed for the purposes specified in division (F) of this	1590
section and for the operation and maintenance of the garage, the	1591
board may request the director of budget and management to	1592
transfer from the underground parking garage operating fund to the	1593
capitol square improvement fund the amount needed to pay such	1594
construction, renovation, or other costs. The director then shall	1595
transfer the amount needed from the excess balance of the	1596
underground parking garage operating fund.	1597

(K) As the operation and maintenance of the capitol square	1598
constitute essential government functions of a public purpose, the	1599
board shall not be required to pay taxes or assessments upon the	1600
square, upon any property acquired or used by the board under this	1601
section, or upon any income generated by the operation of the	1602
square.	1603

(L) As used in this section, "capitol square" means the	1604
capitol building, senate building, capitol atrium, capitol	1605
grounds, and the state underground parking garage.	1606

(M) The capitol annex shall be known as the senate building.

1607

Sec. 108.05. (A) The lieutenant governor shall be a member	1608
of the governor's cabinet and shall preside at its meetings in the	1609
absence of the governor.	1610

(B) The governor may appoint the lieutenant governor as an	1611
administrative department head listed in section 121.03 of the	1612
Revised Code, ~~as director of the office of criminal justice~~	1613
~~services pursuant to section 181.52 of the Revised Code,~~ as the	1614
governor's representative on any board, agency, committee, or	1615
commission of which the governor is a member and has the authority	1616
to appoint a representative, or in an advisory capacity to any	1617
nonelective board, agency, committee, or commission in the	1618
executive department or may give the lieutenant governor any	1619
special assignment as the governor considers in the interest of	1620
the state.	1621

(C) When carrying out any of the functions described in	1622
division (B) of this section, the lieutenant governor shall be	1623
reimbursed from funds of the particular authority for necessary	1624
expenses incurred in the conduct of authority business.	1625

Sec. 109.57. (A)(1) The superintendent of the bureau of	1626
criminal identification and investigation shall procure from	1627
wherever procurable and file for record photographs, pictures,	1628
descriptions, fingerprints, measurements, and other information	1629
that may be pertinent of all persons who have been convicted of	1630
committing within this state a felony, any crime constituting a	1631
misdemeanor on the first offense and a felony on subsequent	1632
offenses, or any misdemeanor described in division (A)(1)(a) of	1633
section 109.572 of the Revised Code, of all children under	1634
eighteen years of age who have been adjudicated delinquent	1635
children for committing within this state an act that would be a	1636
felony or an offense of violence if committed by an adult or who	1637
have been convicted of or pleaded guilty to committing within this	1638
state a felony or an offense of violence, and of all well-known	1639
and habitual criminals. The person in charge of any county,	1640
multicounty, municipal, municipal-county, or multicounty-municipal	1641
jail or workhouse, community-based correctional facility, halfway	1642
house, alternative residential facility, or state correctional	1643
institution and the person in charge of any state institution	1644
having custody of a person suspected of having committed a felony,	1645
any crime constituting a misdemeanor on the first offense and a	1646
felony on subsequent offenses, or any misdemeanor described in	1647
division (A)(1)(a) of section 109.572 of the Revised Code or	1648
having custody of a child under eighteen years of age with respect	1649
to whom there is probable cause to believe that the child may have	1650
committed an act that would be a felony or an offense of violence	1651
if committed by an adult shall furnish such material to the	1652
superintendent of the bureau. Fingerprints, photographs, or other	1653
descriptive information of a child who is under eighteen years of	1654
age, has not been arrested or otherwise taken into custody for	1655
committing an act that would be a felony or an offense of violence	1656
if committed by an adult, has not been adjudicated a delinquent	1657
child for committing an act that would be a felony or an offense	1658
of violence if committed by an adult, has not been convicted of or	1659
pleaded guilty to committing a felony or an offense of violence,	1660
and is not a child with respect to whom there is probable cause to	1661
believe that the child may have committed an act that would be a	1662
felony or an offense of violence if committed by an adult shall	1663
not be procured by the superintendent or furnished by any person	1664
in charge of any county, multicounty, municipal, municipal-county,	1665
or multicounty-municipal jail or workhouse, community-based	1666
correctional facility, halfway house, alternative residential	1667
facility, or state correctional institution, except as authorized	1668
in section 2151.313 of the Revised Code.	1669

(2) Every clerk of a court of record in this state, other	1670
than the supreme court or a court of appeals, shall send to the	1671
superintendent of the bureau a weekly report containing a summary	1672
of each case involving a felony, involving any crime constituting	1673
a misdemeanor on the first offense and a felony on subsequent	1674
offenses, involving a misdemeanor described in division (A)(1)(a)	1675
of section 109.572 of the Revised Code, or involving an	1676
adjudication in a case in which a child under eighteen years of	1677
age was alleged to be a delinquent child for committing an act	1678
that would be a felony or an offense of violence if committed by	1679
an adult. The clerk of the court of common pleas shall include in	1680
the report and summary the clerk sends under this division all	1681
information described in divisions (A)(2)(a) to (f) of this	1682
section regarding a case before the court of appeals that is	1683
served by that clerk. The summary shall be written on the standard	1684
forms furnished by the superintendent pursuant to division (B) of	1685
this section and shall include the following information:	1686

(a) The incident tracking number contained on the standard	1687
forms furnished by the superintendent pursuant to division (B) of	1688
this section;	1689

(b) The style and number of the case;

1690

1691

(d) The date that the person was convicted of or pleaded	1692
guilty to the offense, adjudicated a delinquent child for	1693
committing the act that would be a felony or an offense of	1694
violence if committed by an adult, found not guilty of the	1695
offense, or found not to be a delinquent child for committing an	1696
act that would be a felony or an offense of violence if committed	1697
by an adult, the date of an entry dismissing the charge, an entry	1698
declaring a mistrial of the offense in which the person is	1699
discharged, an entry finding that the person or child is not	1700
competent to stand trial, or an entry of a nolle prosequi, or the	1701
date of any other determination that constitutes final resolution	1702
of the case;	1703

(e) A statement of the original charge with the section of	1704
the Revised Code that was alleged to be violated;	1705

(f) If the person or child was convicted, pleaded guilty, or	1706
was adjudicated a delinquent child, the sentence or terms of	1707
probation imposed or any other disposition of the offender or the	1708
delinquent child.	1709

If the offense involved the disarming of a law enforcement	1710
officer or an attempt to disarm a law enforcement officer, the	1711
clerk shall clearly state that fact in the summary, and the	1712
superintendent shall ensure that a clear statement of that fact is	1713
placed in the bureau's records.	1714

(3) The superintendent shall cooperate with and assist	1715
sheriffs, chiefs of police, and other law enforcement officers in	1716
the establishment of a complete system of criminal identification	1717
and in obtaining fingerprints and other means of identification of	1718
all persons arrested on a charge of a felony, any crime	1719
constituting a misdemeanor on the first offense and a felony on	1720
subsequent offenses, or a misdemeanor described in division	1721
(A)(1)(a) of section 109.572 of the Revised Code and of all	1722
children under eighteen years of age arrested or otherwise taken	1723
into custody for committing an act that would be a felony or an	1724
offense of violence if committed by an adult. The superintendent	1725
also shall file for record the fingerprint impressions of all	1726
persons confined in a county, multicounty, municipal,	1727
municipal-county, or multicounty-municipal jail or workhouse,	1728
community-based correctional facility, halfway house, alternative	1729
residential facility, or state correctional institution for the	1730
violation of state laws and of all children under eighteen years	1731
of age who are confined in a county, multicounty, municipal,	1732
municipal-county, or multicounty-municipal jail or workhouse,	1733
community-based correctional facility, halfway house, alternative	1734
residential facility, or state correctional institution or in any	1735
facility for delinquent children for committing an act that would	1736
be a felony or an offense of violence if committed by an adult,	1737
and any other information that the superintendent may receive from	1738
law enforcement officials of the state and its political	1739
subdivisions.	1740

(4) The superintendent shall carry out Chapter 2950. of the	1741
Revised Code with respect to the registration of persons who are	1742
convicted of or plead guilty to either a sexually oriented offense	1743
that is not a registration-exempt sexually oriented offense or a	1744
child-victim oriented offense and with respect to all other duties	1745
imposed on the bureau under that chapter.	1746

(5) The bureau shall perform centralized recordkeeping	1747
functions for criminal history records and services in this state	1748
for purposes of the national crime prevention and privacy compact	1749
set forth in section 109.571 of the Revised Code and is the	1750
criminal history record repository as defined in that section for	1751
purposes of that compact. The superintendent or the	1752
superintendent's designee is the compact officer for purposes of	1753
that compact and shall carry out the responsibilities of the	1754
compact officer specified in that compact.	1755

(B) The superintendent shall prepare and furnish to every	1756
county, multicounty, municipal, municipal-county, or	1757
multicounty-municipal jail or workhouse, community-based	1758
correctional facility, halfway house, alternative residential	1759
facility, or state correctional institution and to every clerk of	1760
a court in this state specified in division (A)(2) of this section	1761
standard forms for reporting the information required under	1762
division (A) of this section. The standard forms that the	1763
superintendent prepares pursuant to this division may be in a	1764
tangible format, in an electronic format, or in both tangible	1765
formats and electronic formats.	1766

(C) The superintendent may operate a center for electronic,	1767
automated, or other data processing for the storage and retrieval	1768
of information, data, and statistics pertaining to criminals and	1769
to children under eighteen years of age who are adjudicated	1770
delinquent children for committing an act that would be a felony	1771
or an offense of violence if committed by an adult, criminal	1772
activity, crime prevention, law enforcement, and criminal justice,	1773
and may establish and operate a statewide communications network	1774
to gather and disseminate information, data, and statistics for	1775
the use of law enforcement agencies. The superintendent may	1776
gather, store, retrieve, and disseminate information, data, and	1777
statistics that pertain to children who are under eighteen years	1778
of age and that are gathered pursuant to sections 109.57 to 109.61	1779
of the Revised Code together with information, data, and	1780
statistics that pertain to adults and that are gathered pursuant	1781
to those sections. In addition to any other authorized use of	1782
information, data, and statistics of that nature, the	1783
superintendent or the superintendent's designee may provide and	1784
exchange the information, data, and statistics pursuant to the	1785
national crime prevention and privacy compact as described in	1786
division (A)(5) of this section.	1787

(D) The information and materials furnished to the	1788
superintendent pursuant to division (A) of this section and	1789
information and materials furnished to any board or person under	1790
division (F) or (G) of this section are not public records under	1791
section 149.43 of the Revised Code.	1792

(E) The attorney general shall adopt rules, in accordance	1793
with Chapter 119. of the Revised Code, setting forth the procedure	1794
by which a person may receive or release information gathered by	1795
the superintendent pursuant to division (A) of this section. A	1796
reasonable fee may be charged for this service. If a temporary	1797
employment service submits a request for a determination of	1798
whether a person the service plans to refer to an employment	1799
position has been convicted of or pleaded guilty to an offense	1800
listed in division (A)(1), (3), (4), (5), or (6) of section	1801
109.572 of the Revised Code, the request shall be treated as a	1802
single request and only one fee shall be charged.	1803

(F)(1) As used in division (F)(2) of this section, "head	1804
start agency" means an entity in this state that has been approved	1805
to be an agency for purposes of subchapter II of the "Community	1806
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	1807
as amended.	1808

(2)(a) In addition to or in conjunction with any request that	1809
is required to be made under section 109.572, 2151.86, 3301.32,	1810
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	1811
5126.28, 5126.281, or 5153.111 or division (F) of section 3310.11	1812
of the Revised Code, the board of education of any school	1813
district; the director of mental retardation and developmental	1814
disabilities; any county board of mental retardation and	1815
developmental disabilities; any entity under contract with a	1816
county board of mental retardation and developmental disabilities;	1817
the chief administrator of any chartered nonpublic school; the	1818
chief administrator of any registered private school; the chief	1819
administrator of any home health agency; the chief administrator	1820
of or person operating any child day-care center, type A family	1821
day-care home, or type B family day-care home licensed or	1822
certified under Chapter 5104. of the Revised Code; the	1823
administrator of any type C family day-care home certified	1824
pursuant to Section 1 of Sub. H.B. 62 of the 121st general	1825
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general	1826
assembly; the chief administrator of any head start agency; or the	1827
executive director of a public children services agency may	1828
request that the superintendent of the bureau investigate and	1829
determine, with respect to any individual who has applied for	1830
employment in any position after October 2, 1989, or any	1831
individual wishing to apply for employment with a board of	1832
education may request, with regard to the individual, whether the	1833
bureau has any information gathered under division (A) of this	1834
section that pertains to that individual. On receipt of the	1835
request, the superintendent shall determine whether that	1836
information exists and, upon request of the person, board, or	1837
entity requesting information, also shall request from the federal	1838
bureau of investigation any criminal records it has pertaining to	1839
that individual. The superintendent or the superintendent's	1840
designee also may request criminal history records from other	1841
states or the federal government pursuant to the national crime	1842
prevention and privacy compact set forth in section 109.571 of the	1843
Revised Code. Within thirty days of the date that the	1844
superintendent receives a request, the superintendent shall send	1845
to the board, entity, or person a report of any information that	1846
the superintendent determines exists, including information	1847
contained in records that have been sealed under section 2953.32	1848
of the Revised Code, and, within thirty days of its receipt, shall	1849
send the board, entity, or person a report of any information	1850
received from the federal bureau of investigation, other than	1851
information the dissemination of which is prohibited by federal	1852
law.	1853

(b) When a board of education or a registered private school	1854
is required to receive information under this section as a	1855
prerequisite to employment of an individual pursuant to section	1856
3319.39 or division (F) of section 3310.11 of the Revised Code, it	1857
may accept a certified copy of records that were issued by the	1858
bureau of criminal identification and investigation and that are	1859
presented by an individual applying for employment with the	1860
district in lieu of requesting that information itself. In such a	1861
case, the board or school shall accept the certified copy issued	1862
by the bureau in order to make a photocopy of it for that	1863
individual's employment application documents and shall return the	1864
certified copy to the individual. In a case of that nature, a	1865
district or school only shall accept a certified copy of records	1866
of that nature within one year after the date of their issuance by	1867
the bureau.	1868

(3) The state board of education may request, with respect to	1869
any individual who has applied for employment after October 2,	1870
1989, in any position with the state board or the department of	1871
education, any information that a school district board of	1872
education is authorized to request under division (F)(2) of this	1873
section, and the superintendent of the bureau shall proceed as if	1874
the request has been received from a school district board of	1875
education under division (F)(2) of this section.	1876

(4) When the superintendent of the bureau receives a request	1877
for information under section 3319.291 of the Revised Code, the	1878
superintendent shall proceed as if the request has been received	1879
from a school district board of education under division (F)(2) of	1880
this section.	1881

(5) When a recipient of ~~an OhioReads~~a classroom ~~or community~~	1882
reading improvement grant paid under section 3301.86 ~~or 3301.87~~ of	1883
the Revised Code ~~or an entity approved by the OhioReads council~~	1884
requests, with respect to any individual who applies to	1885
participate in providing any program or service ~~through an entity~~	1886
~~approved by the OhioReads council or~~ funded in whole or in part by	1887
the grant, the information that a school district board of	1888
education is authorized to request under division (F)(2)(a) of	1889
this section, the superintendent of the bureau shall proceed as if	1890
the request has been received from a school district board of	1891
education under division (F)(2)(a) of this section.	1892

(G) In addition to or in conjunction with any request that is	1893
required to be made under section 173.41, 3701.881, 3712.09,	1894
3721.121, or 3722.151 of the Revised Code with respect to an	1895
individual who has applied for employment in a position that	1896
involves providing direct care to an older adult, the chief	1897
administrator of a PASSPORT agency that provides services through	1898
the PASSPORT program created under section 173.40 of the Revised	1899
Code, home health agency, hospice care program, home licensed	1900
under Chapter 3721. of the Revised Code, adult day-care program	1901
operated pursuant to rules adopted under section 3721.04 of the	1902
Revised Code, or adult care facility may request that the	1903
superintendent of the bureau investigate and determine, with	1904
respect to any individual who has applied after January 27, 1997,	1905
for employment in a position that does not involve providing	1906
direct care to an older adult, whether the bureau has any	1907
information gathered under division (A) of this section that	1908
pertains to that individual. On receipt of the request, the	1909
superintendent shall determine whether that information exists	1910
and, on request of the administrator requesting information, shall	1911
also request from the federal bureau of investigation any criminal	1912
records it has pertaining to that individual. The superintendent	1913
or the superintendent's designee also may request criminal history	1914
records from other states or the federal government pursuant to	1915
the national crime prevention and privacy compact set forth in	1916
section 109.571 of the Revised Code. Within thirty days of the	1917
date a request is received, the superintendent shall send to the	1918
administrator a report of any information determined to exist,	1919
including information contained in records that have been sealed	1920
under section 2953.32 of the Revised Code, and, within thirty days	1921
of its receipt, shall send the administrator a report of any	1922
information received from the federal bureau of investigation,	1923
other than information the dissemination of which is prohibited by	1924
federal law.	1925

(H) Information obtained by a board, administrator, or other	1926
person under this section is confidential and shall not be	1927
released or disseminated.	1928

(I) The superintendent may charge a reasonable fee for	1929
providing information or criminal records under division (F)(2) or	1930
(G) of this section.	1931

(J) As used in this section, "registered private school"	1932
means a nonpublic school registered with the superintendent of	1933
public instruction under section 3310.11 of the Revised Code to	1934
participate in the educational choice scholarship program.	1935

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1936
section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012,	1937
5104.013, or 5153.111 of the Revised Code, a completed form	1938
prescribed pursuant to division (C)(1) of this section, and a set	1939
of fingerprint impressions obtained in the manner described in	1940
division (C)(2) of this section, the superintendent of the bureau	1941
of criminal identification and investigation shall conduct a	1942
criminal records check in the manner described in division (B) of	1943
this section to determine whether any information exists that	1944
indicates that the person who is the subject of the request	1945
previously has been convicted of or pleaded guilty to any of the	1946
following:	1947

(a) A violation of section 2903.01, 2903.02, 2903.03,	1948
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1949
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1950
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1951
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1952
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1953
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1954
2925.06, or 3716.11 of the Revised Code, felonious sexual	1955
penetration in violation of former section 2907.12 of the Revised	1956
Code, a violation of section 2905.04 of the Revised Code as it	1957
existed prior to July 1, 1996, a violation of section 2919.23 of	1958
the Revised Code that would have been a violation of section	1959
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1960
had the violation been committed prior to that date, or a	1961
violation of section 2925.11 of the Revised Code that is not a	1962
minor drug possession offense;	1963

(b) A violation of an existing or former law of this state,	1964
any other state, or the United States that is substantially	1965
equivalent to any of the offenses listed in division (A)(1)(a) of	1966
this section.	1967

(2) On receipt of a request pursuant to section 5123.081 of	1968
the Revised Code with respect to an applicant for employment in	1969
any position with the department of mental retardation and	1970
developmental disabilities, pursuant to section 5126.28 of the	1971
Revised Code with respect to an applicant for employment in any	1972
position with a county board of mental retardation and	1973
developmental disabilities, or pursuant to section 5126.281 of the	1974
Revised Code with respect to an applicant for employment in a	1975
direct services position with an entity contracting with a county	1976
board for employment, a completed form prescribed pursuant to	1977
division (C)(1) of this section, and a set of fingerprint	1978
impressions obtained in the manner described in division (C)(2) of	1979
this section, the superintendent of the bureau of criminal	1980
identification and investigation shall conduct a criminal records	1981
check. The superintendent shall conduct the criminal records check	1982
in the manner described in division (B) of this section to	1983
determine whether any information exists that indicates that the	1984
person who is the subject of the request has been convicted of or	1985
pleaded guilty to any of the following:	1986

(a) A violation of section 2903.01, 2903.02, 2903.03,	1987
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1988
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	1989
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	1990
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1991
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	1992
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	1993
2925.03, or 3716.11 of the Revised Code;	1994

(b) An existing or former municipal ordinance or law of this	1995
state, any other state, or the United States that is substantially	1996
equivalent to any of the offenses listed in division (A)(2)(a) of	1997
this section.	1998

(3) On receipt of a request pursuant to section 173.41,	1999
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	2000
form prescribed pursuant to division (C)(1) of this section, and a	2001
set of fingerprint impressions obtained in the manner described in	2002
division (C)(2) of this section, the superintendent of the bureau	2003
of criminal identification and investigation shall conduct a	2004
criminal records check with respect to any person who has applied	2005
for employment in a position that involves providing direct care	2006
to an older adult. The superintendent shall conduct the criminal	2007
records check in the manner described in division (B) of this	2008
section to determine whether any information exists that indicates	2009
that the person who is the subject of the request previously has	2010
been convicted of or pleaded guilty to any of the following:	2011

(a) A violation of section 2903.01, 2903.02, 2903.03,	2012
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2013
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2014
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2015
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2016
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2017
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2018
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2019
2925.22, 2925.23, or 3716.11 of the Revised Code;	2020

(b) An existing or former law of this state, any other state,	2021
or the United States that is substantially equivalent to any of	2022
the offenses listed in division (A)(3)(a) of this section.	2023

(4) On receipt of a request pursuant to section 3701.881 of	2024
the Revised Code with respect to an applicant for employment with	2025
a home health agency as a person responsible for the care,	2026
custody, or control of a child, a completed form prescribed	2027
pursuant to division (C)(1) of this section, and a set of	2028
fingerprint impressions obtained in the manner described in	2029
division (C)(2) of this section, the superintendent of the bureau	2030
of criminal identification and investigation shall conduct a	2031
criminal records check. The superintendent shall conduct the	2032
criminal records check in the manner described in division (B) of	2033
this section to determine whether any information exists that	2034
indicates that the person who is the subject of the request	2035
previously has been convicted of or pleaded guilty to any of the	2036
following:	2037

(a) A violation of section 2903.01, 2903.02, 2903.03,	2038
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2039
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	2040
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	2041
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	2042
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	2043
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	2044
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	2045
violation of section 2925.11 of the Revised Code that is not a	2046
minor drug possession offense;	2047

(b) An existing or former law of this state, any other state,	2048
or the United States that is substantially equivalent to any of	2049
the offenses listed in division (A)(4)(a) of this section.	2050

(5) On receipt of a request pursuant to section 5111.95 or	2051
5111.96 of the Revised Code with respect to an applicant for	2052
employment with a waiver agency participating in a department of	2053
job and family services administered home and community-based	2054
waiver program or an independent provider participating in a	2055
department administered home and community-based waiver program in	2056
a position that involves providing home and community-based waiver	2057
services to consumers with disabilities, a completed form	2058
prescribed pursuant to division (C)(1) of this section, and a set	2059
of fingerprint impressions obtained in the manner described in	2060
division (C)(2) of this section, the superintendent of the bureau	2061
of criminal identification and investigation shall conduct a	2062
criminal records check. The superintendent shall conduct the	2063
criminal records check in the manner described in division (B) of	2064
this section to determine whether any information exists that	2065
indicates that the person who is the subject of the request	2066
previously has been convicted of or pleaded guilty to any of the	2067
following:	2068

(a) A violation of section 2903.01, 2903.02, 2903.03,	2069
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	2070
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	2071
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	2072
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	2073
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	2074
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	2075
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	2076
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	2077
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	2078
Revised Code, felonious sexual penetration in violation of former	2079
section 2907.12 of the Revised Code, a violation of section	2080
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	2081
violation of section 2919.23 of the Revised Code that would have	2082
been a violation of section 2905.04 of the Revised Code as it	2083
existed prior to July 1, 1996, had the violation been committed	2084
prior to that date;	2085

(b) An existing or former law of this state, any other state,	2086
or the United States that is substantially equivalent to any of	2087
the offenses listed in division (A)(5)(a) of this section.	2088

(6) On receipt of a request pursuant to section 3701.881 of	2089
the Revised Code with respect to an applicant for employment with	2090
a home health agency in a position that involves providing direct	2091
care to an older adult, a completed form prescribed pursuant to	2092
division (C)(1) of this section, and a set of fingerprint	2093
impressions obtained in the manner described in division (C)(2) of	2094
this section, the superintendent of the bureau of criminal	2095
identification and investigation shall conduct a criminal records	2096
check. The superintendent shall conduct the criminal records check	2097
in the manner described in division (B) of this section to	2098
determine whether any information exists that indicates that the	2099
person who is the subject of the request previously has been	2100
convicted of or pleaded guilty to any of the following:	2101

(a) A violation of section 2903.01, 2903.02, 2903.03,	2102
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2103
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2104
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2105
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2106
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2107
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2108
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2109
2925.22, 2925.23, or 3716.11 of the Revised Code;	2110

(b) An existing or former law of this state, any other state,	2111
or the United States that is substantially equivalent to any of	2112
the offenses listed in division (A)(6)(a) of this section.	2113

(7) When conducting a criminal records check upon a request	2114
pursuant to section 3319.39 of the Revised Code for an applicant	2115
who is a teacher, in addition to the determination made under	2116
division (A)(1) of this section, the superintendent shall	2117
determine whether any information exists that indicates that the	2118
person who is the subject of the request previously has been	2119
convicted of or pleaded guilty to any offense specified in section	2120
3319.31 of the Revised Code.	2121

(8) On a request pursuant to section 2151.86 of the Revised	2122
Code, a completed form prescribed pursuant to division (C)(1) of	2123
this section, and a set of fingerprint impressions obtained in the	2124
manner described in division (C)(2) of this section, the	2125
superintendent of the bureau of criminal identification and	2126
investigation shall conduct a criminal records check in the manner	2127
described in division (B) of this section to determine whether any	2128
information exists that indicates that the person who is the	2129
subject of the request previously has been convicted of or pleaded	2130
guilty to any of the following:	2131

(a) A violation of section 2903.01, 2903.02, 2903.03,	2132
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2133
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2134
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2135
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	2136
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	2137
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	2138
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	2139
violation of section 2905.04 of the Revised Code as it existed	2140
prior to July 1, 1996, a violation of section 2919.23 of the	2141
Revised Code that would have been a violation of section 2905.04	2142
of the Revised Code as it existed prior to July 1, 1996, had the	2143
violation been committed prior to that date, a violation of	2144
section 2925.11 of the Revised Code that is not a minor drug	2145
possession offense, or felonious sexual penetration in violation	2146
of former section 2907.12 of the Revised Code;	2147

(b) A violation of an existing or former law of this state,	2148
any other state, or the United States that is substantially	2149
equivalent to any of the offenses listed in division (A)(8)(a) of	2150
this section.	2151

(9) When conducting a criminal records check on a request	2152
pursuant to section 5104.013 of the Revised Code for a person who	2153
is an owner, licensee, or administrator of a child day-care center	2154
or type A family day-care home or an authorized provider of a	2155
certified type B family day-care home, the superintendent, in	2156
addition to the determination made under division (A)(1) of this	2157
section, shall determine whether any information exists that	2158
indicates that the person has been convicted of or pleaded guilty	2159
to any of the following:	2160

(a) A violation of section 2913.02, 2913.03, 2913.04,	2161
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	2162
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	2163
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	2164
2921.13, or 2923.01 of the Revised Code, a violation of section	2165
2923.02 or 2923.03 of the Revised Code that relates to a crime	2166
specified in this division or division (A)(1)(a) of this section,	2167
or a second violation of section 4511.19 of the Revised Code	2168
within five years of the date of application for licensure or	2169
certification.	2170

(b) A violation of an existing or former law of this state,	2171
any other state, or the United States that is substantially	2172
equivalent to any of the offenses or violations described in	2173
division (A)(9)(a) of this section.	2174

(10) Not later than thirty days after the date the	2175
superintendent receives the request, completed form, and	2176
fingerprint impressions, the superintendent shall send the person,	2177
board, or entity that made the request any information, other than	2178
information the dissemination of which is prohibited by federal	2179
law, the superintendent determines exists with respect to the	2180
person who is the subject of the request that indicates that the	2181
person previously has been convicted of or pleaded guilty to any	2182
offense listed or described in division (A)(1), (2), (3), (4),	2183
(5), (6), (7), (8), or (9) of this section, as appropriate. The	2184
superintendent shall send the person, board, or entity that made	2185
the request a copy of the list of offenses specified in division	2186
(A)(1), (2), (3), (4), (5), (6), (7), (8), or (9) of this section,	2187
as appropriate. If the request was made under section 3701.881 of	2188
the Revised Code with regard to an applicant who may be both	2189
responsible for the care, custody, or control of a child and	2190
involved in providing direct care to an older adult, the	2191
superintendent shall provide a list of the offenses specified in	2192
divisions (A)(4) and (6) of this section.	2193

(B) The superintendent shall conduct any criminal records	2194
check requested under section 121.08, 173.41, 2151.86, 3301.32,	2195
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	2196
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	2197
or 5153.111 of the Revised Code as follows:	2198

(1) The superintendent shall review or cause to be reviewed	2199
any relevant information gathered and compiled by the bureau under	2200
division (A) of section 109.57 of the Revised Code that relates to	2201
the person who is the subject of the request, including any	2202
relevant information contained in records that have been sealed	2203
under section 2953.32 of the Revised Code;	2204

(2) If the request received by the superintendent asks for	2205
information from the federal bureau of investigation, the	2206
superintendent shall request from the federal bureau of	2207
investigation any information it has with respect to the person	2208
who is the subject of the request and shall review or cause to be	2209
reviewed any information the superintendent receives from that	2210
bureau.	2211

(3) The superintendent or the superintendent's designee may	2212
request criminal history records from other states or the federal	2213
government pursuant to the national crime prevention and privacy	2214
compact set forth in section 109.571 of the Revised Code.	2215

(C)(1) The superintendent shall prescribe a form to obtain	2216
the information necessary to conduct a criminal records check from	2217
any person for whom a criminal records check is required by	2218
section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	2219
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,	2220
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	2221
Revised Code. The form that the superintendent prescribes pursuant	2222
to this division may be in a tangible format, in an electronic	2223
format, or in both tangible and electronic formats.	2224

(2) The superintendent shall prescribe standard impression	2225
sheets to obtain the fingerprint impressions of any person for	2226
whom a criminal records check is required by section 121.08,	2227
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	2228
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	2229
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any	2230
person for whom a records check is required by any of those	2231
sections shall obtain the fingerprint impressions at a county	2232
sheriff's office, municipal police department, or any other entity	2233
with the ability to make fingerprint impressions on the standard	2234
impression sheets prescribed by the superintendent. The office,	2235
department, or entity may charge the person a reasonable fee for	2236
making the impressions. The standard impression sheets the	2237
superintendent prescribes pursuant to this division may be in a	2238
tangible format, in an electronic format, or in both tangible and	2239
electronic formats.	2240

(3) Subject to division (D) of this section, the	2241
superintendent shall prescribe and charge a reasonable fee for	2242
providing a criminal records check requested under section 121.08,	2243
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	2244
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	2245
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	2246
person making a criminal records request under section 121.08,	2247
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	2248
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	2249
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall	2250
pay the fee prescribed pursuant to this division. A person making	2251
a request under section 3701.881 of the Revised Code for a	2252
criminal records check for an applicant who may be both	2253
responsible for the care, custody, or control of a child and	2254
involved in providing direct care to an older adult shall pay one	2255
fee for the request.	2256

(4) The superintendent of the bureau of criminal	2257
identification and investigation may prescribe methods of	2258
forwarding fingerprint impressions and information necessary to	2259
conduct a criminal records check, which methods shall include, but	2260
not be limited to, an electronic method.	2261

(D) A determination whether any information exists that	2262
indicates that a person previously has been convicted of or	2263
pleaded guilty to any offense listed or described in division	2264
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	2265
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b),	2266
or (A)(9)(a) or (b) of this section that is made by the	2267
superintendent with respect to information considered in a	2268
criminal records check in accordance with this section is valid	2269
for the person who is the subject of the criminal records check	2270
for a period of one year from the date upon which the	2271
superintendent makes the determination. During the period in which	2272
the determination in regard to a person is valid, if another	2273
request under this section is made for a criminal records check	2274
for that person, the superintendent shall provide the information	2275
that is the basis for the superintendent's initial determination	2276
at a lower fee than the fee prescribed for the initial criminal	2277
records check.	2278

(E) When the superintendent receives a request for	2279
information from a registered private school pursuant to division	2280
(F) of section 3310.11 of the Revised Code, the superintendent	2281
shall proceed as if the request has been received from a school	2282
district board of education under section 3319.39 of the Revised	2283
Code. The superintendent shall apply division (A)(7) of this	2284
section to any such request for an applicant who is a teacher.	2285

(F) As used in this section:

2286

(1) "Criminal records check" means any criminal records check	2287
conducted by the superintendent of the bureau of criminal	2288
identification and investigation in accordance with division (B)	2289
of this section.	2290

(2) "Home and community-based waiver services" and "waiver	2291
agency" have the same meanings as in section 5111.95 of the	2292
Revised Code.	2293

(3) "Independent provider" has the same meaning as in section	2294
5111.96 of the Revised Code.	2295

(4) "Minor drug possession offense" has the same meaning as	2296
in section 2925.01 of the Revised Code.	2297

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

2298

(6) "Registered private school" means a nonpublic school	2299
registered with the superintendent of public instruction under	2300
section 3310.11 of the Revised Code to participate in the	2301
educational choice scholarship program.	2302

Sec. 109.91. (A) There is hereby established within the	2303
office of the attorney general the crime victims assistance	2304
office.	2305

(B) There is hereby established the state victims assistance	2306
advisory committee. The committee shall consist of a chairperson,	2307
to be appointed by the attorney general, ~~four~~three ex officio	2308
members, and fifteen members to be appointed by the attorney	2309
general as follows: one member who represents the Ohio	2310
victim-witness association; three members who represent local	2311
victim assistance programs, including one from a municipally	2312
operated program and one from a county-operated program; one	2313
member who represents the interests of elderly victims; one member	2314
who is a board member of any statewide or local organization that	2315
exists primarily to aid victims of domestic violence, or who is an	2316
employee of, or counselor for, such an organization; one member	2317
who is an employee or officer of a county probation department or	2318
a probation department operated by the department of	2319
rehabilitation and correction; one member who is a county	2320
prosecuting attorney; one member who is a city law director; one	2321
member who is a county sheriff; one member who is a member or	2322
officer of a township or municipal police department; one member	2323
who is a court of common pleas judge; one member who is a	2324
municipal court judge or county court judge; and two members who	2325
are private citizens and are not government employees.	2326

The committee shall include the following ex officio,	2327
nonvoting members: ~~the chief justice of the supreme court,~~ the	2328
attorney general, one member of the senate to be designated by the	2329
president of the senate, and one member of the house of	2330
representatives to be designated by the speaker of the house.	2331

Members of the committee shall serve without compensation,	2332
but shall be reimbursed for travel and other necessary expenses	2333
that are incurred in the conduct of their official duties as	2334
members of the committee. The chairperson and members of the	2335
committee appointed by the attorney general shall serve at the	2336
pleasure of the attorney general. The ~~chief justice of the supreme~~	2337
~~court and the~~ attorney general shall serve on the committee until	2338
the end of the term of office that qualified ~~them~~the attorney	2339
general for membership on the committee. The member of the senate	2340
and the member of the house of representatives shall serve at the	2341
pleasure of the president of the senate and the speaker of the	2342
house of representatives, respectively.	2343

(C) The victims assistance advisory committee shall perform	2344
both of the following duties:	2345

(1) Advise the crime victims assistance office in determining	2346
crime and delinquency victim service needs, determining crime and	2347
delinquency victim policies for the state, and improving and	2348
exercising leadership in the quality of crime and delinquency	2349
victim programs in the state;	2350

(2) Review and recommend to the crime victims assistance	2351
office the victim assistance programs that should be considered	2352
for the receipt of state financial assistance pursuant to section	2353
109.92 of the Revised Code. The financial assistance allocation	2354
recommendations of the committee shall be based on the following	2355
priorities:	2356

(a) Programs in existence on July 1, 1985, shall be given	2357
first priority;	2358

(b) Programs offering or proposing to offer the broadest	2359
range of services and referrals to the community served, including	2360
medical, psychological, financial, educational, vocational, and	2361
legal services that were not in existence on July 1, 1985, shall	2362
be given second priority;	2363

2364

(D) As used in this section and section 109.92 of the Revised	2365
Code, "victim assistance program" includes, but is not limited to	2366
a program that provides at least one of the following:	2367

(1) Services to victims of any offense of violence or	2368
delinquent act that would be an offense of violence if committed	2369
by an adult;	2370

(2) Financial assistance or property repair services to	2371
victims of crime or delinquent acts;	2372

(3) Assistance to victims of crime or delinquent acts in	2373
judicial proceedings;	2374

(4) Assistance to victims of crime or delinquent acts under	2375
the operation of any political subdivision of the state or a	2376
branch of the criminal justice system set forth in division	2377
(B)(1)(a), ~~(2)~~(b), or ~~(3)~~(c) of section ~~181.51~~5502.61 of the	2378
Revised Code;	2379

(5) Technical assistance to persons or organizations that	2380
provide services to victims of crime or delinquent acts under the	2381
operation of a branch of the criminal justice system set forth in	2382
~~divisions~~division (B)(1)(a), ~~(2)~~(b), ~~and (3)~~or (c) of section	2383
~~181.51~~5502.61 of the Revised Code.	2384

A victim assistance program does not include the program for	2385
the reparation of crime victims established pursuant to Chapter	2386
2743. of the Revised Code.	2387

Sec. 117.10. The auditor of state shall audit all public	2388
offices as provided in this chapter. The auditor of state also may	2389
audit the accounts of private institutions, associations, boards,	2390
and corporations receiving public money for their use and may	2391
require of them annual reports in such form as the auditor of	2392
state prescribes.	2393

If the auditor of state performs or contracts for the	2394
performance of an audit, including a special audit, of the public	2395
employees retirement system, school employees retirement system,	2396
state teachers retirement system, state highway patrol retirement	2397
system, or Ohio police and fire pension fund, the auditor of state	2398
shall make a timely report of the results of the audit to the Ohio	2399
retirement study council.	2400

The auditor of state may audit the accounts of any provider	2401
as defined in section 5111.06 of the Revised Code~~, if requested by~~	2402
~~the department of job and family services~~.	2403

If a public office has been audited by an agency of the	2404
United States government, the auditor of state may, if satisfied	2405
that the federal audit has been conducted according to principles	2406
and procedures not contrary to those of the auditor of state, use	2407
and adopt the federal audit and report in lieu of an audit by the	2408
auditor of state's own office.	2409

Within thirty days after the creation or dissolution or the	2410
winding up of the affairs of any public office, that public office	2411
shall notify the auditor of state in writing that this action has	2412
occurred.	2413

Sec. 117.16. (A) The auditor of state shall do all of the	2414
following:	2415

(1) Develop a force account project assessment form that each	2416
public office that undertakes force account projects shall use to	2417
estimate or report the cost of a force account project. The form	2418
shall include costs for employee salaries and benefits, any other	2419
labor costs, materials, freight, fuel, hauling, overhead expense,	2420
workers' compensation premiums, and all other items of cost and	2421
expense, including a reasonable allowance for the use of all tools	2422
and equipment used on or in connection with such work and for the	2423
depreciation on the tools and equipment.	2424

(2) Make the form available to public offices by any	2425
cost-effective, convenient method accessible to the auditor of	2426
state and the public offices;	2427

(3) When conducting an audit under this chapter of a public	2428
office that undertakes force account projects, examine the forms	2429
and records of a sampling of the force account projects the public	2430
office completed since an audit was last conducted, to determine	2431
compliance with its force account limits.	2432

(B) If the auditor of state receives a complaint from any	2433
person that a public office has violated the force account limits	2434
established for that office, the auditor of state may conduct an	2435
audit in addition to the audit provided in section 117.11 of the	2436
Revised Code if the auditor of state has reasonable cause to	2437
believe that an additional audit is in the public interest.	2438

(C)(1) If the auditor of state finds that a county, township,	2439
or municipal corporation violated the force account limits	2440
established for that political subdivision, the auditor of state,	2441
in addition to any other action authorized by this chapter, shall	2442
notify the political subdivision that, for a period of one year	2443
from the date of the notification, the force account limits for	2444
the subdivision are reduced as follows:	2445

(a) For a county, the limits shall be ten thousand dollars	2446
per mile for construction or reconstruction of a road and forty	2447
thousand dollars for construction, reconstruction, maintenance, or	2448
repair of a bridge or culvert;	2449

(b) For a township, the limit shall be fifteen thousand	2450
dollars for maintenance and repair of a road or five thousand per	2451
mile for construction or reconstruction of a township road;	2452

(c) For a municipal corporation, the limit shall be ten	2453
thousand dollars for the construction, reconstruction, widening,	2454
resurfacing, or repair of a street or other public way.	2455

(2) If the auditor of state finds that a county, township, or	2456
municipal corporation violated the force account limits	2457
established for that political subdivision a second or subsequent	2458
time, the auditor of state, in addition to any other action	2459
authorized by this chapter, shall notify the political subdivision	2460
that, for a period of two years from the date of the notification,	2461
the force account limits for the subdivision are reduced in	2462
accordance with division (C)(1)(a), (b), or (c) of this section.	2463

(3) If the auditor of state finds that a county, township, or	2464
municipal corporation violated the force account limits	2465
established for that political subdivision a third or subsequent	2466
time, the auditor of state shall certify to the tax commissioner	2467
an amount the auditor of state determines to be twenty per cent of	2468
the total cost of the force account project that is the basis of	2469
the violation. Upon receipt of this certification, the tax	2470
commissioner shall withhold the certified amount from any funds	2471
under the tax commissioner's control that are due or payable to	2472
that political subdivision. The tax commissioner shall promptly	2473
deposit this withheld amount to the credit of the local	2474
transportation improvement program fund created by section 164.14	2475
of the Revised Code.	2476

If the tax commissioner determines that no funds are due and	2477
payable to the violating political subdivision or that	2478
insufficient amounts of such funds are available to cover the	2479
entire certified amount, the tax commissioner shall withhold and	2480
deposit to the credit of the local transportation improvement	2481
program fund any amount available and certify the remaining amount	2482
to be withheld to the county auditor of the county in which the	2483
political subdivision is located. The county auditor shall	2484
withhold from that political subdivision any amount, up to that	2485
certified by the tax commissioner, that is available from any	2486
funds under the county auditor's control, that is due or payable	2487
to that political subdivision, and that can be lawfully withheld.	2488
The county auditor shall promptly pay that withheld amount to the	2489
tax commissioner for deposit into the local transportation	2490
improvement program fund.	2491

The payments required under division (C)(3) of this section	2492
are in addition to the force account limit reductions described in	2493
division (C)(2) of this section and also are in addition to any	2494
other action authorized by this chapter.	2495

(D) If the auditor of state finds that a county, township, or	2496
municipal corporation violated its force account limits when	2497
participating in a joint force account project, the auditor of	2498
state shall impose the reduction in force account limits under	2499
division (C) of this section on all entities participating in the	2500
joint project.	2501

(E) As used in this section, "force account limits" means any	2502
of the following, as applicable:	2503

(1) For a county, the amounts established in section 5543.19	2504
of the Revised Code as adjusted under section 117.162 of the	2505
Revised Code;	2506

(2) For a township, the amounts established in section	2507
5575.01 of the Revised Code as adjusted under section 117.162 of	2508
the Revised Code;	2509

(3) For a municipal corporation, the amount established in	2510
section 723.52 of the Revised Code as adjusted under section	2511
117.162 of the Revised Code;	2512

(4) For the department of transportation, the amount	2513
established in section 5517.02 of the Revised Code as adjusted	2514
under section 117.162 of the Revised Code.	2515

Sec. 117.162. (A) Not later than the thirty-first day of	2516
January each year, the auditor of state shall adjust county,	2517
township, municipal, and department of transportation force	2518
account limits by the percentage increase, if any, in the consumer	2519
price index over the twelve-month period that ended on the last	2520
day of December of the immediately preceding year, rounded to the	2521
nearest one-tenth of one per cent, and post the new force account	2522
limits on the auditor of state's internet site on the world wide	2523
web. Such limits shall be effective for the following twelve-month	2524
period beginning on the first day of February.	2525

(B) As used in this section:

2526

(1) "Consumer price index" means the consumer price index	2527
prepared by the United States bureau of labor statistics (U.S.	2528
city average for urban wage earners and clerical workers: all	2529
items, 1982-1984=100), or, if that index is no longer published, a	2530
generally available comparable index.	2531

(2) "Force account limits" has the same meaning as in section	2532
117.16 of the Revised Code.	2533

Sec. 120.06. (A)(1) The state public defender, when	2534
designated by the court or requested by a county public defender	2535
or joint county public defender, may provide legal representation	2536
in all courts throughout the state to indigent adults and	2537
juveniles who are charged with the commission of an offense or act	2538
for which the penalty or any possible adjudication includes the	2539
potential loss of liberty.	2540

(2) The state public defender may provide legal	2541
representation to any indigent person who, while incarcerated in	2542
any state correctional institution, is charged with a felony	2543
offense, for which the penalty or any possible adjudication that	2544
may be imposed by a court upon conviction includes the potential	2545
loss of liberty.	2546

(3) The state public defender may provide legal	2547
representation to any person incarcerated in any correctional	2548
institution of the state, in any matter in which the person	2549
asserts the person is unlawfully imprisoned or detained.	2550

(4) The state public defender, in any case in which the state	2551
public defender has provided legal representation or is requested	2552
to do so by a county public defender or joint county public	2553
defender, may provide legal representation on appeal.	2554

(5) The state public defender, when designated by the court	2555
or requested by a county public defender, joint county public	2556
defender, or the director of rehabilitation and correction, shall	2557
provide legal representation in parole and probation revocation	2558
matters or matters relating to the revocation of community control	2559
or post-release control under a community control sanction or	2560
post-release control sanction, unless the state public defender	2561
finds that the alleged parole or probation violator or alleged	2562
violator of a community control sanction or post-release control	2563
sanction has the financial capacity to retain the alleged	2564
violator's own counsel.	2565

(6) If the state public defender contracts with a county	2566
public defender commission, a joint county public defender	2567
commission, or a board of county commissioners for the provision	2568
of services, under authority of division (C)(7) of section 120.04	2569
of the Revised Code, the state public defender shall provide legal	2570
representation in accordance with the contract.	2571

(B) The state public defender shall not be required to	2572
prosecute any appeal, postconviction remedy, or other proceeding	2573
pursuant to division (A)(3), (4), or (5) of this section, unless	2574
the state public defender first is satisfied that there is	2575
arguable merit to the proceeding.	2576

(C) A court may appoint counsel or allow an indigent person	2577
to select the indigent's own personal counsel to assist the state	2578
public defender as co-counsel when the interests of justice so	2579
require. When co-counsel is appointed to assist the state public	2580
defender, the co-counsel shall receive any compensation that the	2581
court may approve, not to exceed the amounts provided for in	2582
section 2941.51 of the Revised Code.	2583

(D)(1) When the state public defender is designated by the	2584
court or requested by a county public defender or joint county	2585
public defender to provide legal representation for an indigent	2586
person in any case, other than pursuant to a contract entered into	2587
under authority of division (C)(7) of section 120.04 of the	2588
Revised Code, the state public defender shall send to the county	2589
in which the case is filed ~~an itemized~~a bill ~~for fifty per cent~~	2590
ofdetailing the actual cost of the representation that separately	2591
itemizes legal fees and expenses. The county, upon receipt of an	2592
itemized bill from the state public defender pursuant to this	2593
division, shall ~~pay fifty per cent of the actual cost of the legal~~	2594
~~representation as set forth in the itemized bill.~~pay the state	2595
public defender each of the following amounts:	2596

(a) For the amount identified as legal fees in the itemized	2597
bill, one hundred per cent of the amount identified as legal fees	2598
less the state reimbursement rate as calculated by the state	2599
public defender pursuant to section 120.34 of the Revised Code for	2600
the month the case terminated, as set forth in the itemized bill;	2601

(b) For the amount identified as expenses in the itemized	2602
bill, one hundred per cent.	2603

(2) Upon payment of the itemized bill under division (D)(1)	2604
of this section, the county may submit the cost of the expenses,	2605
excluding legal fees, to the state public defender for	2606
reimbursement pursuant to section 120.33 of the Revised Code.	2607

(3) When the state public defender provides investigation or	2608
mitigation services to private appointed counsel or to a county or	2609
joint county public defender as approved by the appointing court,	2610
other than pursuant to a contract entered into under authority of	2611
division (C)(7) of section 120.04 of the Revised Code, the state	2612
public defender shall send to the county in which the case is	2613
filed a bill itemizing the actual cost of the services provided.	2614
The county, upon receipt of an itemized bill from the state public	2615
defender pursuant to this division, shall pay one hundred per cent	2616
of the amount as set forth in the itemized bill. Upon payment of	2617
the itemized bill received pursuant to this division, the county	2618
may submit the cost of the investigation and mitigation services	2619
to the state public defender for reimbursement pursuant to section	2620
120.33 of the Revised Code.	2621

(4) There is hereby created in the state treasury the county	2622
representation fund for the deposit of moneys received from	2623
counties under this division. All moneys credited to the fund	2624
shall be used by the state public defender to provide legal	2625
representation for indigent persons when designated by the court	2626
or requested by a county or joint county public defender or to	2627
provide investigation or mitigation services, including	2628
investigation or mitigation services to private appointed counsel	2629
or a county or joint county public defender, as approved by the	2630
court.	2631

(E)(1) Notwithstanding any contrary provision of sections	2632
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	2633
that pertains to representation by the attorney general, an	2634
assistant attorney general, or special counsel of an officer or	2635
employee, as defined in section 109.36 of the Revised Code, or of	2636
an entity of state government, the state public defender may elect	2637
to contract with, and to have the state pay pursuant to division	2638
(E)(2) of this section for the services of, private legal counsel	2639
to represent the Ohio public defender commission, the state public	2640
defender, assistant state public defenders, other employees of the	2641
commission or the state public defender, and attorneys described	2642
in division (C) of section 120.41 of the Revised Code in a	2643
malpractice or other civil action or proceeding that arises from	2644
alleged actions or omissions related to responsibilities derived	2645
pursuant to this chapter, or in a civil action that is based upon	2646
alleged violations of the constitution or statutes of the United	2647
States, including section 1983 of Title 42 of the United States	2648
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	2649
arises from alleged actions or omissions related to	2650
responsibilities derived pursuant to this chapter, if the state	2651
public defender determines, in good faith, that the defendant in	2652
the civil action or proceeding did not act manifestly outside the	2653
scope of the defendant's employment or official responsibilities,	2654
with malicious purpose, in bad faith, or in a wanton or reckless	2655
manner. If the state public defender elects not to contract	2656
pursuant to this division for private legal counsel in a civil	2657
action or proceeding, then, in accordance with sections 109.02,	2658
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	2659
attorney general shall represent or provide for the representation	2660
of the Ohio public defender commission, the state public defender,	2661
assistant state public defenders, other employees of the	2662
commission or the state public defender, or attorneys described in	2663
division (C) of section 120.41 of the Revised Code in the civil	2664
action or proceeding.	2665

(2)(a) Subject to division (E)(2)(b) of this section, payment	2666
from the state treasury for the services of private legal counsel	2667
with whom the state public defender has contracted pursuant to	2668
division (E)(1) of this section shall be accomplished only through	2669
the following procedure:	2670

(i) The private legal counsel shall file with the attorney	2671
general a copy of the contract; a request for an award of legal	2672
fees, court costs, and expenses earned or incurred in connection	2673
with the defense of the Ohio public defender commission, the state	2674
public defender, an assistant state public defender, an employee,	2675
or an attorney in a specified civil action or proceeding; a	2676
written itemization of those fees, costs, and expenses, including	2677
the signature of the state public defender and the state public	2678
defender's attestation that the fees, costs, and expenses were	2679
earned or incurred pursuant to division (E)(1) of this section to	2680
the best of the state public defender's knowledge and information;	2681
a written statement whether the fees, costs, and expenses are for	2682
all legal services to be rendered in connection with that defense,	2683
are only for legal services rendered to the date of the request	2684
and additional legal services likely will have to be provided in	2685
connection with that defense, or are for the final legal services	2686
rendered in connection with that defense; a written statement	2687
indicating whether the private legal counsel previously submitted	2688
a request for an award under division (E)(2) of this section in	2689
connection with that defense and, if so, the date and the amount	2690
of each award granted; and, if the fees, costs, and expenses are	2691
for all legal services to be rendered in connection with that	2692
defense or are for the final legal services rendered in connection	2693
with that defense, a certified copy of any judgment entry in the	2694
civil action or proceeding or a signed copy of any settlement	2695
agreement entered into between the parties to the civil action or	2696
proceeding.	2697

(ii) Upon receipt of a request for an award of legal fees,	2698
court costs, and expenses and the requisite supportive	2699
documentation described in division (E)(2)(a)(i) of this section,	2700
the attorney general shall review the request and documentation;	2701
determine whether any of the limitations specified in division	2702
(E)(2)(b) of this section apply to the request; and, if an award	2703
of legal fees, court costs, or expenses is permissible after	2704
applying the limitations, prepare a document awarding legal fees,	2705
court costs, or expenses to the private legal counsel. The	2706
document shall name the private legal counsel as the recipient of	2707
the award; specify the total amount of the award as determined by	2708
the attorney general; itemize the portions of the award that	2709
represent legal fees, court costs, and expenses; specify any	2710
limitation applied pursuant to division (E)(2)(b) of this section	2711
to reduce the amount of the award sought by the private legal	2712
counsel; state that the award is payable from the state treasury	2713
pursuant to division (E)(2)(a)(iii) of this section; and be	2714
approved by the inclusion of the signatures of the attorney	2715
general, the state public defender, and the private legal counsel.	2716

(iii) The attorney general shall forward a copy of the	2717
document prepared pursuant to division (E)(2)(a)(ii) of this	2718
section to the director of budget and management. The award of	2719
legal fees, court costs, or expenses shall be paid out of the	2720
state public defender's appropriations, to the extent there is a	2721
sufficient available balance in those appropriations. If the state	2722
public defender does not have a sufficient available balance in	2723
the state public defender's appropriations to pay the entire award	2724
of legal fees, court costs, or expenses, the director shall make	2725
application for a transfer of appropriations out of the emergency	2726
purposes account or any other appropriation for emergencies or	2727
contingencies in an amount equal to the portion of the award that	2728
exceeds the sufficient available balance in the state public	2729
defender's appropriations. A transfer of appropriations out of the	2730
emergency purposes account or any other appropriation for	2731
emergencies or contingencies shall be authorized if there are	2732
sufficient moneys greater than the sum total of then pending	2733
emergency purposes account requests, or requests for releases from	2734
the other appropriation. If a transfer of appropriations out of	2735
the emergency purposes account or other appropriation for	2736
emergencies or contingencies is made to pay an amount equal to the	2737
portion of the award that exceeds the sufficient available balance	2738
in the state public defender's appropriations, the director shall	2739
cause the payment to be made to the private legal counsel. If	2740
sufficient moneys do not exist in the emergency purposes account	2741
or other appropriation for emergencies or contingencies to pay an	2742
amount equal to the portion of the award that exceeds the	2743
sufficient available balance in the state public defender's	2744
appropriations, the private legal counsel shall request the	2745
general assembly to make an appropriation sufficient to pay an	2746
amount equal to the portion of the award that exceeds the	2747
sufficient available balance in the state public defender's	2748
appropriations, and no payment in that amount shall be made until	2749
the appropriation has been made. The private legal counsel shall	2750
make the request during the current biennium and during each	2751
succeeding biennium until a sufficient appropriation is made.	2752

(b) An award of legal fees, court costs, and expenses	2753
pursuant to division (E) of this section is subject to the	2754
following limitations:	2755

(i) The maximum award or maximum aggregate of a series of	2756
awards of legal fees, court costs, and expenses to the private	2757
legal counsel in connection with the defense of the Ohio public	2758
defender commission, the state public defender, an assistant state	2759
public defender, an employee, or an attorney in a specified civil	2760
action or proceeding shall not exceed fifty thousand dollars.	2761

(ii) The private legal counsel shall not be awarded legal	2762
fees, court costs, or expenses to the extent the fees, costs, or	2763
expenses are covered by a policy of malpractice or other	2764
insurance.	2765

(iii) The private legal counsel shall be awarded legal fees	2766
and expenses only to the extent that the fees and expenses are	2767
reasonable in light of the legal services rendered by the private	2768
legal counsel in connection with the defense of the Ohio public	2769
defender commission, the state public defender, an assistant state	2770
public defender, an employee, or an attorney in a specified civil	2771
action or proceeding.	2772

(c) If, pursuant to division (E)(2)(a) of this section, the	2773
attorney general denies a request for an award of legal fees,	2774
court costs, or expenses to private legal counsel because of the	2775
application of a limitation specified in division (E)(2)(b) of	2776
this section, the attorney general shall notify the private legal	2777
counsel in writing of the denial and of the limitation applied.	2778

(d) If, pursuant to division (E)(2)(c) of this section, a	2779
private legal counsel receives a denial of an award notification	2780
or if a private legal counsel refuses to approve a document under	2781
division (E)(2)(a)(ii) of this section because of the proposed	2782
application of a limitation specified in division (E)(2)(b) of	2783
this section, the private legal counsel may commence a civil	2784
action against the attorney general in the court of claims to	2785
prove the private legal counsel's entitlement to the award sought,	2786
to prove that division (E)(2)(b) of this section does not prohibit	2787
or otherwise limit the award sought, and to recover a judgment for	2788
the amount of the award sought. A civil action under division	2789
(E)(2)(d) of this section shall be commenced no later than two	2790
years after receipt of a denial of award notification or, if the	2791
private legal counsel refused to approve a document under division	2792
(E)(2)(a)(ii) of this section because of the proposed application	2793
of a limitation specified in division (E)(2)(b) of this section,	2794
no later than two years after the refusal. Any judgment of the	2795
court of claims in favor of the private legal counsel shall be	2796
paid from the state treasury in accordance with division (E)(2)(a)	2797
of this section.	2798

(F) If a court appoints the office of the state public	2799
defender to represent a petitioner in a postconviction relief	2800
proceeding under section 2953.21 of the Revised Code, the	2801
petitioner has received a sentence of death, and the proceeding	2802
relates to that sentence, all of the attorneys who represent the	2803
petitioner in the proceeding pursuant to the appointment, whether	2804
an assistant state public defender, the state public defender, or	2805
another attorney, shall be certified under Rule 20 of the Rules of	2806
Superintendence for the Courts of Ohio to represent indigent	2807
defendants charged with or convicted of an offense for which the	2808
death penalty can be or has been imposed.	2809

(G) As used in this section:

2810

(1) "Community control sanction" has the same meaning as in	2811
section 2929.01 of the Revised Code.	2812

(2) "Post-release control sanction" has the same meaning as	2813
in section 2967.01 of the Revised Code.	2814

Sec. 120.13. (A) The county commissioners in any county may	2815
establish a county public defender commission. The commission	2816
shall have five members, three of whom shall be appointed by the	2817
board of county commissioners, and two by the judge, or the	2818
presiding judge if there is one, of the court of common pleas of	2819
the county. At least one member appointed by each of these	2820
appointing bodies shall be an attorney admitted to the practice of	2821
law in this state.	2822

(B) The board of county commissioners shall select a specific	2823
day for the county public defender commission to be established	2824
and on which all members' appointments shall take effect, and	2825
shall notify the Ohio public defender commission of the date.	2826

(C) Of the initial appointments made to the county public	2827
defender commission, two appointments by the county commissioners	2828
and one appointment by the court shall be for a term of two years	2829
ending two years after the date the commission is established, and	2830
one appointment by each of the appointing bodies shall be for a	2831
term ending four years after the date the commission is	2832
established. Thereafter, terms of office shall be for four years,	2833
each term ending on the same day of the same month of the year as	2834
did the term which it succeeds. Each member shall hold office from	2835
the date of ~~his~~ appointment until the end of the term for which he	2836
the member was appointed. Any member appointed to fill a vacancy	2837
occurring prior to the expiration of the term for which ~~his~~the	2838
member's predecessor was appointed shall hold office for the	2839
remainder of such term. Any member shall continue in office	2840
subsequent to the expiration date of ~~his~~the member's term until	2841
~~his~~a successor takes office, or until a period of sixty days has	2842
elapsed, whichever occurs first.	2843

(D) The members of the commission shall choose as ~~chairman~~	2844
chairperson one of the commission members, who shall serve as	2845
~~chairman~~chairperson for two years. Meetings shall be held at	2846
least quarterly and at such other times as called by the ~~chairman~~	2847
chairperson or by request of the county public defender. Members	2848
of the commission may receive an amount fixed by the county	2849
commissioners, but not in excess of the amounts set for the	2850
members of the Ohio public defender commission pursuant to section	2851
124.14 of the Revised Code per diem for every meeting of the board	2852
they attend, and necessary expenses including mileage for each	2853
mile necessarily traveled.	2854

(E) The county commissioners may terminate the county public	2855
defender commission at any time if at least ninety days prior to	2856
termination, the commissioners notify the Ohio public defender	2857
commission in writing of the termination date. Upon the	2858
termination date all pending county public defender matters shall	2859
be transferred to the state public defender, a joint county public	2860
defender, or appointed counsel.	2861

(F) ~~Fifty per cent of the~~The cost of representation in all	2862
matters assumed by the state public defender shall be charged to	2863
the counties in accordance with division (D) of section 120.06 of	2864
the Revised Code.	2865

Sec. 120.23. (A) The boards of county commissioners in two	2866
or more adjoining or neighboring counties may form themselves into	2867
a joint board and proceed to organize a district for the	2868
establishment of a joint county public defender commission. The	2869
commission shall have three members from each county, who shall be	2870
appointed by the board of county commissioners of the county.	2871

(B) The boards shall agree on a specific date for the joint	2872
county public defender commission to be established, on which date	2873
the appointments of all members shall take effect. The joint board	2874
shall notify the Ohio public defender commission of the date.	2875

(C) Of the initial appointments made by each county to the	2876
joint county public defender commission, one appointment shall be	2877
for a term of one year ending one year after the date the	2878
commission is established, one appointment shall be for a term of	2879
two years ending two years after the date the commission is	2880
established, and one appointment shall be for a period of three	2881
years, ending three years after the date the commission is	2882
established. Thereafter, terms of office shall be for three years,	2883
each term ending on the same day of the same month of the year as	2884
did the term which it succeeds. Each member shall hold office from	2885
the date of ~~his~~ appointment until the end of the term for which he	2886
the member was appointed. Any member appointed to fill a vacancy	2887
occurring prior to the expiration of the term for which ~~his~~the	2888
member's predecessor was appointed shall hold office for the	2889
remainder of the term. Any member shall continue in office	2890
subsequent to the expiration date of ~~his~~the member's term until	2891
~~his~~a successor takes office, or until a period of sixty days has	2892
elapsed, whichever occurs first.	2893

(D) The members of the commission shall choose as ~~chairman~~	2894
chairperson one of the commission members, who shall serve as	2895
~~chairman~~chairperson for two years. Meetings shall be held at	2896
least quarterly and at such other times as called by the ~~chairman~~	2897
chairperson or by request of the joint county public defender.	2898
Members of the commission may receive an amount fixed by the	2899
agreement of the boards of commissioners of the counties in the	2900
district, but not in excess of the amount set for the members of	2901
the Ohio public defender commission pursuant to section 124.14 of	2902
the Revised Code per diem for every meeting of the commission they	2903
attend, and necessary expenses including mileage for each mile	2904
necessarily traveled.	2905

(E) The agreement of the boards of county commissioners	2906
establishing the joint county public defender commission shall	2907
provide for the allocation of the proportion of expenses to be	2908
paid by each county, which may be based upon population, number of	2909
cases, or such other factors as the commissioners determine to be	2910
appropriate. The county commissioners may amend their agreement	2911
from time to time to provide for a different allocation of the	2912
proportion of expenses to be paid by each county.	2913

(F) The county auditor of the county, with the greatest	2914
population is hereby designated as the fiscal officer of a joint	2915
county public defender district organized under this section. The	2916
county auditors of the several counties composing the joint county	2917
public defender commission district shall meet at the commission	2918
office not less than once in each six months, to adjust accounts	2919
and to transact such other duties in connection with the	2920
commission as pertain to the business of their office.	2921

(G) Each member of the board of county commissioners who	2922
meets by appointment to consider the organization of a joint	2923
county public defender commission shall, upon presentation of	2924
properly certified accounts, be paid ~~his~~the member's necessary	2925
expenses upon a warrant drawn by the county auditor of ~~his~~the	2926
member's county.	2927

(H) The board of county commissioners of any county within a	2928
joint county public defender commission district may withdraw from	2929
the district. Such withdrawal shall not be effective until at	2930
least ninety days after the board has notified the Ohio public	2931
defender commission, the joint county public defender commission	2932
of the district, and each board of county commissioners in the	2933
district, in writing of the termination date. The failure of a	2934
board of county commissioners to approve an annual operating	2935
budget for the office of the joint county public defender as	2936
provided in division (C)(1) of section 120.24 of the Revised Code	2937
constitutes a notice of withdrawal by the county from the	2938
district, effective on the ninetieth day after commencement of the	2939
next fiscal year. Upon the termination date, all joint county	2940
public defender matters relating to the withdrawing county shall	2941
be transferred to the state public defender, a county public	2942
defender, or appointed counsel.	2943

(I) ~~Fifty per cent of the~~The cost of representation in all	2944
matters assumed by the state public defender shall be charged to	2945
the counties in accordance with division (D) of section 120.06 of	2946
the Revised Code.	2947

Members of the joint county public defender commission who	2948
are residents of a county withdrawing from such district are	2949
deemed to have resigned their positions upon the completion of the	2950
withdrawal procedure provided by this section. Vacancies thus	2951
created shall not be filled.	2952

If two or more counties remain within the district after the	2953
withdrawal, the boards of county commissioners of the remaining	2954
adjoining or neighboring counties may agree to continue the	2955
operation of the joint county public defender commission and to	2956
reallocate the proportionate share of expenses to be paid by each	2957
participating county.	2958

Sec. 120.36. (A) If a person who is a defendant in a criminal	2959
case requests or is provided a state public defender, a county or	2960
joint county public defender, or any other counsel appointed by	2961
the court, the court in which the criminal case is filed shall	2962
assess, unless the application fee is waived or reduced, a	2963
non-refundable application fee of twenty-five dollars.	2964

The court shall direct the person to pay the application fee	2965
to the clerk of court. The person shall pay the application fee at	2966
the time the person files an affidavit of indigency or a financial	2967
disclosure form with the court or within seven days of that date.	2968
If the person does not pay the application fee within that	2969
seven-day period, the court shall assess the application fee at	2970
sentencing or at the final disposition of the case.	2971

The court shall assess an application fee pursuant to this	2972
section one time per case. It may waive or reduce the fee upon a	2973
finding that the person lacks financial resources that are	2974
sufficient to pay the fee.	2975

(B) No court, state public defender, or county or joint	2976
county public defender shall deny a person the assistance of	2977
counsel solely due to the person's failure to pay the application	2978
fee assessed pursuant to division (A) of this section. A person's	2979
present inability, failure, or refusal to pay the application fee	2980
shall not disqualify that person from legal representation.	2981

(C) The application fee assessed pursuant to division (A) of	2982
this section is separate from and in addition to any other amount	2983
assessed against a person who is found to be able to contribute	2984
toward the cost of the person's legal representation pursuant to	2985
division (D) of section 2941.51 of the Revised Code.	2986

(D) The clerk of court shall forward all application fees	2987
collected pursuant to this section to the county treasurer for	2988
deposit in the county treasury. The county shall retain eighty per	2989
cent of the application fees so collected to offset the costs of	2990
providing legal representation to indigent persons. Each month,	2991
the county auditor shall remit twenty per cent of the application	2992
fees so collected to the state public defender. The state public	2993
defender shall deposit the remitted fees into the state treasury	2994
to the credit of the client payment fund created pursuant to	2995
division (B)(5) of section 120.04 of the Revised Code. The state	2996
public defender may use that money in accordance with that	2997
section.	2998

(E) On or before the first day of March of each year, each	2999
clerk of court shall provide to the state public defender and the	3000
state auditor a report including all of the following:	3001

(1) The number of persons who requested or were provided a	3002
state public defender, county or joint county public defender, or	3003
other counsel appointed by the court;	3004

(2) The number of persons for whom the court waived the	3005
application fee pursuant to division (A) of this section;	3006

(3) The dollar value of the assessed application fees	3007
pursuant to division (A) of this section in the previous year;	3008

(4) The amount of assessed application fees collected in the	3009
previous year;	3010

(5) The balance of unpaid assessed application fees at the	3011
open and close of the previous year.	3012

(F) As used in this section:

3013

(1) "Clerk of court" means the clerk of the court of common	3014
pleas of the county, the clerk of the juvenile court of the	3015
county, the clerk of a municipal court in the county, the clerk of	3016
a county-operated municipal court, or the clerk of a county court	3017
in the county, whichever is applicable.	3018

(2) "County-operated municipal court" has the same meaning as	3019
in section 1901.03 of the Revised Code.	3020

Sec. 120.52. There is hereby established in the state	3021
treasury the legal aid fund, which shall be for the charitable	3022
public purpose of providing financial assistance to legal aid	3023
societies that provide civil legal services to indigents. The fund	3024
shall contain all funds credited to it by the treasurer of state	3025
pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09	3026
and 4705.10 of the Revised Code and income from investment	3027
credited to it by the treasurer of state in accordance with this	3028
section.	3029

The treasurer of state may invest moneys contained in the	3030
legal aid fund in any manner authorized by the Revised Code for	3031
the investment of state moneys. However, no such investment shall	3032
interfere with any apportionment, allocation, or payment of moneys	3033
in January and July of each calendar year, as required by section	3034
120.53 of the Revised Code. All income earned as a result of any	3035
such investment shall be credited to the fund.	3036

The state public defender, through the Ohio legal assistance	3037
foundation, shall administer the payment of moneys out of the	3038
fund. Four and one-half per cent of the moneys in the fund shall	3039
be reserved for the actual, reasonable costs of administering	3040
sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201,	3041
3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that	3042
are reserved for administrative costs but that are not used for	3043
actual, reasonable administrative costs shall be set aside for use	3044
in the manner described in division (A) of section 120.521 of the	3045
Revised Code. The remainder of the moneys in the legal aid fund	3046
shall be distributed in accordance with section 120.53 of the	3047
Revised Code. The Ohio legal assistance foundation shall establish	3048
rules governing the administration of the legal aid fund,	3049
including the ~~program~~programs established under sections 1901.26,	3050
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised	3051
Code regarding interest on interest-bearing trust accounts of an	3052
attorney, law firm, or legal professional association.	3053

Sec. 120.53. (A) A legal aid society that operates within	3054
the state may apply to the Ohio legal assistance foundation for	3055
financial assistance from the legal aid fund established by	3056
section 120.52 of the Revised Code to be used for the funding of	3057
the society during the calendar year following the calendar year	3058
in which application is made.	3059

(B) An application for financial assistance made under	3060
division (A) of this section shall be submitted by the first day	3061
of November of the calendar year preceding the calendar year for	3062
which financial assistance is desired and shall include all of the	3063
following:	3064

(1) Evidence that the applicant is incorporated in this state	3065
as a nonprofit corporation;	3066

(2) A list of the trustees of the applicant;

3067

(3) The proposed budget of the applicant for these funds for	3068
the following calendar year;	3069

(4) A summary of the services to be offered by the applicant	3070
in the following calendar year;	3071

(5) A specific description of the territory or constituency	3072
served by the applicant;	3073

(6) An estimate of the number of persons to be served by the	3074
applicant during the following calendar year;	3075

(7) A general description of the additional sources of the	3076
applicant's funding;	3077

(8) The amount of the applicant's total budget for the	3078
calendar year in which the application is filed that it will	3079
expend in that calendar year for legal services in each of the	3080
counties it serves;	3081

(9) A specific description of any services, programs,	3082
training, and legal technical assistance to be delivered by the	3083
applicant or by another person pursuant to a contract with the	3084
applicant, including, but not limited to, by private attorneys or	3085
through reduced fee plans, judicare panels, organized pro bono	3086
programs, and mediation programs.	3087

(C) The Ohio legal assistance foundation shall determine	3088
whether each applicant that filed an application for financial	3089
assistance under division (A) of this section in a calendar year	3090
is eligible for financial assistance under this section. To be	3091
eligible for such financial assistance, an applicant shall satisfy	3092
the criteria for being a legal aid society and shall be in	3093
compliance with the provisions of sections 120.51 to 120.55 of the	3094
Revised Code and with the rules and requirements the foundation	3095
establishes pursuant to section 120.52 of the Revised Code. The	3096
Ohio legal assistance foundation then, on or before the fifteenth	3097
day of December of the calendar year in which the application is	3098
filed, shall notify each such applicant, in writing, whether it is	3099
eligible for financial assistance under this section, and if it is	3100
eligible, estimate the amount that will be available for that	3101
applicant for each six-month distribution period, as determined	3102
under division (D) of this section.	3103

(D) The Ohio legal assistance foundation shall allocate	3104
moneys contained in the legal aid fund twice each year for	3105
distribution to applicants that filed their applications in the	3106
previous calendar year and were determined to be eligible	3107
applicants.	3108

All moneys contained in the fund on the first day of January	3109
of a calendar year shall be allocated, after deduction of the	3110
costs of administering sections 120.51 to 120.55 and sections	3111
1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the	3112
Revised Code that are authorized by section 120.52 of the Revised	3113
Code, according to this section and shall be distributed	3114
accordingly on the thirty-first day of January of that calendar	3115
year, and all moneys contained in the fund on the first day of	3116
July of that calendar year shall be allocated, after deduction of	3117
the costs of administering those sections that are authorized by	3118
section 120.52 of the Revised Code, according to this section and	3119
shall be distributed accordingly on the thirty-first day of July	3120
of that calendar year. In making the allocations under this	3121
section, the moneys in the fund that were generated pursuant to	3122
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and	3123
4705.10 of the Revised Code and all income generated from the	3124
investment of such moneys shall be apportioned as follows:	3125

(1) After deduction of the amount authorized and used for	3126
actual, reasonable administrative costs under section 120.52 of	3127
the Revised Code:	3128

(a) Five per cent of the moneys remaining in the fund~~, plus~~	3129
~~any moneys reserved for administrative costs under that section~~	3130
~~that are not used for actual, reasonable administrative costs,~~	3131
shall be reserved for use in the manner described in division (A)	3132
of section 120.521 of the Revised Code or for distribution to	3133
legal aid societies that provide assistance to special population	3134
groups of their eligible clients, engage in special projects that	3135
have a substantial impact on their local service area or on	3136
significant segments of the state's poverty population, or provide	3137
legal training or support to other legal aid societies in the	3138
state;	3139

(b) After deduction of the amount described in division	3140
(D)(1)(a) of this section, one and three-quarters per cent of the	3141
moneys remaining in the fund shall be apportioned among entities	3142
that received financial assistance from the legal aid fund prior	3143
to the effective date of this amendment but that, on and after the	3144
effective date of this amendment, no longer qualify as a legal aid	3145
society that is eligible for financial assistance under this	3146
section.	3147

(c) After deduction of the amounts described in divisions	3148
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys	3149
remaining in the fund shall be placed in the legal assistance	3150
foundation fund for use in the manner described in division (A) of	3151
section 120.521 of the Revised Code.	3152

(2) After deduction of the actual, reasonable administrative	3153
costs under section 120.52 of the Revised Code and after deduction	3154
of the amounts identified in ~~division~~divisions (D)(1)(a) ~~and~~,	3155
(b), and (c) of this section, the remaining moneys shall be	3156
apportioned among the counties that are served by eligible legal	3157
aid societies that have applied for financial assistance under	3158
this section so that each such county is apportioned a portion of	3159
those moneys, based upon the ratio of the number of indigents who	3160
reside in that county to the total number of indigents who reside	3161
in all counties of this state that are served by eligible legal	3162
aid societies that have applied for financial assistance under	3163
this section. Subject to division (E) of this section, the moneys	3164
apportioned to a county under this division then shall be	3165
allocated to the eligible legal aid society that serves the county	3166
and that has applied for financial assistance under this section.	3167
For purposes of this division, the source of data identifying the	3168
number of indigent persons who reside in a county shall be the	3169
most recent decennial census figures from the United States	3170
department of commerce, division of census.	3171

(E) If the Ohio legal assistance foundation, in attempting to	3172
make an allocation of moneys under division (D)(2) of this	3173
section, determines that a county that has been apportioned money	3174
under that division is served by more than one eligible legal aid	3175
society that has applied for financial assistance under this	3176
section, the Ohio legal assistance foundation shall allocate the	3177
moneys that have been apportioned to that county under division	3178
(D)(2) of this section among all eligible legal aid societies that	3179
serve that county and that have applied for financial assistance	3180
under this section on a pro rata basis, so that each such eligible	3181
society is allocated a portion based upon the amount of its total	3182
budget expended in the prior calendar year for legal services in	3183
that county as compared to the total amount expended in the prior	3184
calendar year for legal services in that county by all eligible	3185
legal aid societies that serve that county and that have applied	3186
for financial assistance under this section.	3187

(F) Moneys allocated to eligible applicants under this	3188
section shall be paid twice annually, on the thirty-first day of	3189
January and on the thirty-first day of July of the calendar year	3190
following the calendar year in which the application is filed.	3191

(G)(1) A legal aid society that receives financial assistance	3192
in any calendar year under this section shall file an annual	3193
report with the Ohio legal assistance foundation detailing the	3194
number and types of cases handled, and the amount and types of	3195
legal training, legal technical assistance, and other service	3196
provided, by means of that financial assistance. No information	3197
contained in the report shall identify or enable the	3198
identification of any person served by the legal aid society or in	3199
any way breach client confidentiality.	3200

(2) The Ohio legal assistance foundation shall make an annual	3201
report to the governor, the general assembly, and the supreme	3202
court on the distribution and use of the legal aid fund. The	3203
foundation also shall include in the annual report an audited	3204
financial statement of all gifts, bequests, donations,	3205
contributions, and other moneys the foundation receives. No	3206
information contained in the report shall identify or enable the	3207
identification of any person served by a legal aid society, or in	3208
any way breach confidentiality.	3209

(H) A legal aid society may enter into agreements for the	3210
provision of services, programs, training, or legal technical	3211
assistance for the legal aid society or to indigent persons.	3212

Sec. 121.37. (A)(1) There is hereby created the Ohio family	3213
and children first cabinet council. The council shall be composed	3214
of the superintendent of public instruction and the directors of	3215
youth services, job and family services, mental health, health,	3216
alcohol and drug addiction services, mental retardation and	3217
developmental disabilities, and budget and management. The	3218
chairperson of the council shall be the governor or the governor's	3219
designee and shall establish procedures for the council's internal	3220
control and management.	3221

(2) The purpose of the cabinet council is to help families	3222
seeking government services. This section shall not be interpreted	3223
or applied to usurp the role of parents, but solely to streamline	3224
and coordinate existing government services for families seeking	3225
assistance for their children.	3226

In seeking to fulfill its purpose, the council may do any of	3227
the following:	3228

(a) Advise and make recommendations to the governor and	3229
general assembly regarding the provision of services to children;	3230

(b) Advise and assess local governments on the coordination	3231
of service delivery to children;	3232

(c) Hold meetings at such times and places as may be	3233
prescribed by the council's procedures and maintain records of the	3234
meetings, except that records identifying individual children are	3235
confidential and shall be disclosed only as provided by law;	3236

(d) Develop programs and projects, including pilot projects,	3237
to encourage coordinated efforts at the state and local level to	3238
improve the state's social service delivery system;	3239

(e) Enter into contracts with and administer grants to county	3240
family and children first councils, as well as other county or	3241
multicounty organizations to plan and coordinate service delivery	3242
between state agencies and local service providers for families	3243
and children;	3244

(f) Enter into contracts with and apply for grants from	3245
federal agencies or private organizations;	3246

(g) Enter into interagency agreements to encourage	3247
coordinated efforts at the state and local level to improve the	3248
state's social service delivery system. The agreements may include	3249
provisions regarding the receipt, transfer, and expenditure of	3250
funds;	3251

(h) Identify public and private funding sources for services	3252
provided to alleged or adjudicated unruly children and children	3253
who are at risk of being alleged or adjudicated unruly children,	3254
including regulations governing access to and use of the services;	3255

(i) Collect information provided by local communities	3256
regarding successful programs for prevention, intervention, and	3257
treatment of unruly behavior, including evaluations of the	3258
programs;	3259

(j) Identify and disseminate publications regarding alleged	3260
or adjudicated unruly children and children who are at risk of	3261
being alleged or adjudicated unruly children and regarding	3262
programs serving those types of children;	3263

(k) Maintain an inventory of strategic planning facilitators	3264
for use by government or nonprofit entities that serve alleged or	3265
adjudicated unruly children or children who are at risk of being	3266
alleged or adjudicated unruly children.	3267

(3) The cabinet council shall provide for the following:

3268

(a) Reviews of service and treatment plans for children for	3269
which such reviews are requested;	3270

(b) Assistance as the council determines to be necessary to	3271
meet the needs of children referred by county family and children	3272
first councils;	3273

(c) Monitoring and supervision of a statewide, comprehensive,	3274
coordinated, multi-disciplinary, interagency system for infants	3275
and toddlers with developmental disabilities or delays and their	3276
families, as established pursuant to federal grants received and	3277
administered by the department of health for early intervention	3278
services under the "Education of the Handicapped Act Amendments of	3279
1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471, as amended.	3280

(B)(1) Each board of county commissioners shall establish a	3281
county family and children first council. The board may invite any	3282
local public or private agency or group that funds, advocates, or	3283
provides services to children and families to have a	3284
representative become a permanent or temporary member of its	3285
county council. Each county council must include the following	3286
individuals:	3287

(a) At least three individuals who do not have an immediate	3288
family member who is employed by an agency represented on the	3289
council and whose families are or have received services from an	3290
agency represented on the council or another county's council.	3291
Where possible, the number of members representing families shall	3292
be equal to twenty per cent of the council's membership.	3293

(b) The director of the board of alcohol, drug addiction, and	3294
mental health services that serves the county, or, in the case of	3295
a county that has a board of alcohol and drug addiction services	3296
and a community mental health board, the directors of both boards.	3297
~~If a board of alcohol, drug addiction, and mental health services~~	3298
~~covers more than one county, the director may designate a person~~	3299
~~to participate on the county's council.~~;	3300

(c) The health commissioner~~, or the commissioner's designee,~~	3301
of the board of health of each city and general health district in	3302
the county. If the county has two or more health districts, the	3303
health commissioner membership may be limited to the commissioners	3304
of the two districts with the largest populations.	3305

(d) The director of the county department of job and family	3306
services;	3307

(e) The executive director of the ~~county agency responsible~~	3308
~~for the administration of~~public children services ~~pursuant to~~	3309
~~section 5153.15 of the Revised Code~~agency;	3310

(f) The superintendent of the county board of mental	3311
retardation and developmental disabilities;	3312

(g) The county's juvenile court judge senior in service or	3313
another judge of the juvenile court designated by the	3314
administrative judge or, where there is no administrative judge,	3315
by the judge senior in service;	3316

(h) The superintendent of the city, exempted village, or	3317
local school district with the largest number of pupils residing	3318
in the county, as determined by the department of education, which	3319
shall notify each board of county commissioners of its	3320
determination at least biennially;	3321

(i) A school superintendent representing all other school	3322
districts with territory in the county, as designated at a	3323
biennial meeting of the superintendents of those districts;	3324

(j) A representative of the municipal corporation with the	3325
largest population in the county;	3326

(k) The president of the board of county commissioners~~, or an~~	3327
~~individual designated by the board~~;	3328

(l) A representative of the regional office of the department	3329
of youth services;	3330

(m) A representative of the county's head start agencies, as	3331
defined in section ~~3301.31~~3301.32 of the Revised Code;	3332

(n) A representative of the county's early intervention	3333
collaborative established pursuant to the federal early	3334
intervention program operated under the "Education of the	3335
Handicapped Act Amendments of 1986";	3336

(o) A representative of a local nonprofit entity that funds,	3337
advocates, or provides services to children and families.	3338

Each member of a county council specified in division	3339
(B)(1)(b) to (n) of this section may designate an individual to	3340
serve on the county council for the member, except that a board of	3341
county commissioners, rather than the president of the board, may	3342
designate an individual to serve on the county council for the	3343
president.	3344

Notwithstanding any other provision of law, the public	3345
members of a county council are not prohibited from serving on the	3346
council and making decisions regarding the duties of the council,	3347
including those involving the funding of joint projects and those	3348
outlined in the county's service coordination mechanism	3349
implemented pursuant to division (C) of this section.	3350

The cabinet council shall establish a state appeals process	3351
to resolve disputes among the members of a county council	3352
concerning whether reasonable responsibilities as members are	3353
being shared. The appeals process may be accessed only by a	3354
majority vote of the council members who are required to serve on	3355
the council. Upon appeal, the cabinet council may order that state	3356
funds for services to children and families be redirected to a	3357
county's board of county commissioners.	3358

(2) A county council shall provide for the following:

3359

(a) Referrals to the cabinet council of those children for	3360
whom the county council cannot provide adequate services;	3361

(b) Development and implementation of a process that annually	3362
evaluates and prioritizes services, fills service gaps where	3363
possible, and invents new approaches to achieve better results for	3364
families and children;	3365

(c) Participation in the development of a countywide,	3366
comprehensive, coordinated, multi-disciplinary, interagency system	3367
for infants and toddlers with developmental disabilities or delays	3368
and their families, as established pursuant to federal grants	3369
received and administered by the department of health for early	3370
intervention services under the "Education of the Handicapped Act	3371
Amendments of 1986";	3372

(d) Maintenance of an accountability system to monitor the	3373
county council's progress in achieving results for families and	3374
children;	3375

(e) Establishment of a mechanism to ensure ongoing input from	3376
a broad representation of families who are receiving services	3377
within the county system.	3378

(3)(a) Except as provided in division (B)(3)(b) of this	3379
section, a county council shall comply with the policies,	3380
procedures, and activities prescribed by the rules or interagency	3381
agreements of a state department participating on the cabinet	3382
council whenever the county council performs a function subject to	3383
those rules or agreements.	3384

(b) On application of a county council, the cabinet council	3385
may grant an exemption from any rules or interagency agreements of	3386
a state department participating on the council if an exemption is	3387
necessary for the council to implement an alternative program or	3388
approach for service delivery to families and children. The	3389
application shall describe the proposed program or approach and	3390
specify the rules or interagency agreements from which an	3391
exemption is necessary. The cabinet council shall approve or	3392
disapprove the application in accordance with standards and	3393
procedures it shall adopt. If an application is approved, the	3394
exemption is effective only while the program or approach is being	3395
implemented, including a reasonable period during which the	3396
program or approach is being evaluated for effectiveness.	3397

(4)(a) Each county council shall designate an administrative	3398
agent for the council from among the following public entities:	3399
the board of alcohol, drug addiction, and mental health services,	3400
including a board of alcohol and drug addiction or a community	3401
mental health board if the county is served by separate boards;	3402
the board of county commissioners; any board of health of the	3403
county's city and general health districts; the county department	3404
of job and family services; the county agency responsible for the	3405
administration of children services pursuant to section 5153.15 of	3406
the Revised Code; the county board of mental retardation and	3407
developmental disabilities; any of the county's boards of	3408
education or governing boards of educational service centers; or	3409
the county's juvenile court. Any of the foregoing public entities,	3410
other than the board of county commissioners, may decline to serve	3411
as the council's administrative agent.	3412

A county council's administrative agent shall serve as the	3413
council's appointing authority for any employees of the council.	3414
The council shall file an annual budget with its administrative	3415
agent, with copies filed with the county auditor and with the	3416
board of county commissioners, unless the board is serving as the	3417
council's administrative agent. The council's administrative agent	3418
shall ensure that all expenditures are handled in accordance with	3419
policies, procedures, and activities prescribed by state	3420
departments in rules or interagency agreements that are applicable	3421
to the council's functions.	3422

The administrative agent for a county council may do any of	3423
the following on behalf of the council:	3424

(i) Enter into agreements or administer contracts with public	3425
or private entities to fulfill specific council business. Such	3426
agreements and contracts are exempt from the competitive bidding	3427
requirements of section 307.86 of the Revised Code if they have	3428
been approved by the county council and they are for the purchase	3429
of family and child welfare or child protection services or other	3430
social or job and family services for families and children. The	3431
approval of the county council is not required to exempt	3432
agreements or contracts entered into under section 5139.34,	3433
5139.41, or 5139.43 of the Revised Code from the competitive	3434
bidding requirements of section 307.86 of the Revised Code.	3435

(ii) As determined by the council, provide financial	3436
stipends, reimbursements, or both, to family representatives for	3437
expenses related to council activity;	3438

(iii) Receive by gift, grant, devise, or bequest any moneys,	3439
lands, or other property for the purposes for which the council is	3440
established. The agent shall hold, apply, and dispose of the	3441
moneys, lands, or other property according to the terms of the	3442
gift, grant, devise, or bequest. Any interest or earnings shall be	3443
treated in the same manner and are subject to the same terms as	3444
the gift, grant, devise, or bequest from which it accrues.	3445

(b)(i) If the county council designates the board of county	3446
commissioners as its administrative agent, the board may, by	3447
resolution, delegate any of its powers and duties as	3448
administrative agent to an executive committee the board	3449
establishes from the membership of the county council. The board	3450
shall name to the executive committee at least the individuals	3451
described in divisions (B)(1)~~(b) through (h)~~(a) to (i) of this	3452
section and may appoint the president of the board or another	3453
individual as the chair of the executive committee.	3454

(ii) The executive committee may, with the approval of the	3455
board, hire an executive director to assist the county council in	3456
administering its powers and duties. The executive director shall	3457
serve in the unclassified civil service at the pleasure of the	3458
executive committee. The executive director may, with the approval	3459
of the executive committee, hire other employees as necessary to	3460
properly conduct the county council's business.	3461

(iii) The board may require the executive committee to submit	3462
an annual budget to the board for approval and may amend or repeal	3463
the resolution that delegated to the executive committee its	3464
authority as the county council's administrative agent.	3465

(5) Two or more county councils may enter into an agreement	3466
to administer their county councils jointly by creating a regional	3467
family and children first council. A regional council possesses	3468
the same duties and authority possessed by a county council,	3469
except that the duties and authority apply regionally rather than	3470
to individual counties. Prior to entering into an agreement to	3471
create a regional council, the members of each county council to	3472
be part of the regional council shall meet to determine whether	3473
all or part of the members of each county council will serve as	3474
members of the regional council.	3475

(6) A board of county commissioners may approve a resolution	3476
by a majority vote of the board's members that requires the county	3477
council to submit a statement to the board each time the council	3478
proposes to enter into an agreement, adopt a plan, or make a	3479
decision, other than a decision pursuant to section 121.38 of the	3480
Revised Code, that requires the expenditure of funds for two or	3481
more families. The statement shall describe the proposed	3482
agreement, plan, or decision.	3483

Not later than fifteen days after the board receives the	3484
statement, it shall, by resolution approved by a majority of its	3485
members, approve or disapprove the agreement, plan, or decision.	3486
Failure of the board to pass a resolution during that time period	3487
shall be considered approval of the agreement, plan, or decision.	3488

An agreement, plan, or decision for which a statement is	3489
required to be submitted to the board shall be implemented only if	3490
it is approved by the board.	3491

(C) Each county shall develop a county service coordination	3492
mechanism. The mechanism shall be developed and approved with the	3493
participation of the county entities representing child welfare;	3494
mental retardation and developmental disabilities; alcohol, drug	3495
addiction, and mental health services; health; juvenile judges;	3496
education; the county family and children first council; and the	3497
county early intervention collaborative established pursuant to	3498
the federal early intervention program operated under the	3499
"Education of the Handicapped Act Amendments of 1986." The county	3500
shall establish an implementation schedule for the mechanism. The	3501
cabinet council may monitor the implementation and administration	3502
of each county's service coordination mechanism.	3503

Each mechanism shall include all of the following:

3504

(1) A procedure for ~~assessing the needs of any child,~~	3505
~~including a child who is an abused, neglected, dependent, unruly,~~	3506
~~or delinquent child and under the jurisdiction of the juvenile~~	3507
~~court or a child whose parent or custodian is voluntarily seeking~~	3508
~~services~~a family seeking service coordination for the family's	3509
child to refer itself to the county council for coordination in	3510
accordance with the county service coordination mechanism;	3511

(2) A procedure for an agency, including a juvenile court, to	3512
refer a child and family to the county council for coordination in	3513
accordance with the county service coordination mechanism;	3514

(3) A procedure that does one of the following:

3515

(a) Permits a family to be involved in the service	3516
coordination mechanism by being notified of and invited to all	3517
meetings involved in the mechanism;	3518

(b) Permits a family to initiate a meeting to develop or	3519
review the family's service coordination plan and allows the	3520
family to invite a family advocate, mentor, or support person of	3521
the family's choice to any such meeting.	3522

(4) A procedure for notifying and inviting to all meetings	3523
appropriate staff from involved agencies, including a	3524
representative from the appropriate school district;	3525

(5) A procedure for ensuring that a service coordination	3526
meeting is conducted before a non-emergency out-of-home placement	3527
or long-term placement is made and that, in situations involving	3528
an emergency out-of-home placement, a service coordination meeting	3529
is conducted within ten days of the placement.	3530

(6) A procedure for monitoring the progress and tracking the	3531
outcomes of each service coordination plan requested in the county	3532
including monitoring and tracking children in out-of-home	3533
placements to assure continued progress, appropriateness of	3534
placement, and continuity of care after discharge from placement	3535
with appropriate arrangements for housing, treatment, and	3536
education.	3537

(7) A procedure for protecting the confidentiality of all	3538
personal family information disclosed during service coordination	3539
meetings or contained in the comprehensive family service	3540
coordination plan.	3541

(8) A procedure for assessing the ~~service~~ needs and strengths	3542
of ~~the family of~~ any child or family that has been referred to the	3543
council for service coordination, including a child ~~who is an~~	3544
~~abused, neglected, dependent, unruly, or delinquent child and~~	3545
~~under the jurisdiction of the juvenile court or a child~~ whose	3546
parent or custodian is voluntarily seeking services, and for	3547
ensuring that parents and custodians are afforded the opportunity	3548
to participate;	3549

~~(3)~~(9) A procedure for development of a comprehensive ~~joint~~	3550
family service coordination plan described in division (D) of this	3551
section;	3552

~~(4)~~(10) A local dispute resolution process to serve as the	3553
process that must be used first to resolve disputes among the	3554
agencies represented on the county council concerning the	3555
provision of services to children, including children who are	3556
abused, neglected, dependent, unruly, alleged unruly, or	3557
delinquent children and under the jurisdiction of the juvenile	3558
court and children whose parents or custodians are voluntarily	3559
seeking services. The local dispute resolution process shall	3560
comply with section 121.38 of the Revised Code. The local dispute	3561
resolution process may also be used for disputes between an agency	3562
and a child's parents or custodian. In that case it shall comply	3563
with sections 121.381 and 121.382 of the Revised Code, as well as	3564
section 121.38 of the Revised Code.~~The~~	3565

The cabinet council shall adopt rules in accordance with	3566
Chapter 119. of the Revised Code establishing an administrative	3567
review process to address problems that arise concerning the	3568
operation of a local dispute resolution process.	3569

Nothing in division (C)(5) of this section shall be	3570
interpreted as overriding or affecting decisions of a juvenile	3571
court regarding an out-of-home placement, long-term placement, or	3572
emergency out-of-home placement.	3573

(D) Each county shall develop a comprehensive ~~joint~~family	3574
service coordination plan that does ~~both~~all of the following:	3575

(1) Designates service responsibilities among the various	3576
state and local agencies that provide services to children and	3577
their families, including children who are abused, neglected,	3578
dependent, unruly, or delinquent children and under the	3579
jurisdiction of the juvenile court and children whose parents or	3580
custodians are voluntarily seeking services;	3581

(2) Designates the lead family plan coordinator, approved by	3582
the family, to ensure the coordination of and fidelity to the	3583
plan;	3584

(3) Ensures that assistance and services to be provided are	3585
responsive to the strengths and needs of the family, as well as	3586
the family's culture, race, and ethnic group, by allowing the	3587
family to offer information and suggestions and participate in	3588
decisions;	3589

(4) Ensures that assistance and services provided meet the	3590
needs of the child and family in the least restrictive	3591
environment;	3592

(5) Includes a service coordination process for dealing with	3593
a child who is alleged to be an unruly child. The service	3594
coordination process shall include methods to divert the child	3595
from the juvenile court system;	3596

(6) Includes timelines for completion of goals specified in	3597
the plan with regular reviews scheduled to monitor progress toward	3598
those goals;	3599

(7) Includes a plan for dealing with short-term crisis	3600
situations and safety concerns.	3601

(E)(1) The service coordination process provided for under	3602
division (D)~~(2)~~(5) of this section may include, but is not limited	3603
to, the following:	3604

(a) ~~An assessment of the needs and strengths of the child and~~	3605
~~the child's family and the services the child and the child's~~	3606
~~family need;~~	3607

~~(b)~~ Designation of the person or agency to conduct the	3608
assessment of the child and the child's family as described in	3609
division ~~(E)(1)(a)~~(C)(8) of this section and designation of the	3610
instrument or instruments to be used to conduct the assessment;	3611

~~(c) Designation of the agency to provide case management~~	3612
~~services to the child and to the child's family;~~	3613

~~(d)~~(b) An emphasis on the personal responsibilities of the	3614
child and the parental responsibilities of the parents, guardian,	3615
or custodian of the child;	3616

~~(e)~~(c) Involvement of local law enforcement agencies and	3617
officials.	3618

(2) The method to divert a child from the juvenile court	3619
system that must be included in the service coordination process	3620
may include, but is not limited to, the following:	3621

(a) The preparation of a complaint under section 2151.27 of	3622
the Revised Code alleging that the child is an unruly child and	3623
notifying the child and the parents, guardian, or custodian that	3624
the complaint has been prepared to encourage the child and the	3625
parents, guardian, or custodian to comply with other methods to	3626
divert the child from the juvenile court system;	3627

(b) Conducting a meeting with the child, the parents,	3628
guardian, or custodian, and other interested parties to determine	3629
the appropriate methods to divert the child from the juvenile	3630
court system;	3631

(c) ~~A method for dealing with short-term crisis situations~~	3632
~~involving a confrontation between the child and the parents,~~	3633
~~guardian, or custodian;~~	3634

~~(d)~~ A method to provide to the child and the child's family a	3635
short-term respite from a short-term crisis situation involving a	3636
confrontation between the child and the parents, guardian, or	3637
custodian;	3638

~~(e)~~(d) A program to provide a mentor to the child or the	3639
parents, guardian, or custodian;	3640

~~(f)~~(e) A program to provide parenting education to the	3641
parents, guardian, or custodian;	3642

~~(g)~~(f) An alternative school program for children who are	3643
truant from school, repeatedly disruptive in school, or suspended	3644
or expelled from school;	3645

~~(h)~~(g) Other appropriate measures, including, but not limited	3646
to, any alternative methods to divert a child from the juvenile	3647
court system that are identified by the Ohio family and children	3648
first cabinet council.	3649

(F) Each county may review and revise the service	3650
coordination process described in division (D)~~(2)~~ of this section	3651
based on the availability of funds under Title IV-A of the "Social	3652
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	3653
or to the extent resources are available from any other federal,	3654
state, or local funds.	3655

Sec. 121.38. (A) An agency represented on a county family	3656
and children first council that disagrees with the council's	3657
decision concerning the services or funding for services a child	3658
is to receive from agencies represented on the council may	3659
initiate the local dispute resolution process established in the	3660
county service coordination mechanism applicable to the council.	3661
On completion of the process, the decision maker designated in the	3662
mechanism shall issue a written determination that directs one or	3663
more agencies represented on the council to provide services or	3664
funding for services to the child. The determination shall include	3665
a plan of care governing the manner in which the services or	3666
funding are to be provided. The decision maker shall base the plan	3667
of care on the comprehensive ~~joint~~family service coordination	3668
plan developed as part of the county's service coordination	3669
mechanism and on evidence presented during the local dispute	3670
resolution process. The decision maker may require an agency to	3671
provide services or funding only if the child's condition or needs	3672
qualify the child for services under the laws governing the	3673
agency.	3674

(B) An agency subject to a determination issued pursuant to a	3675
local dispute resolution process shall immediately comply with the	3676
determination, unless the agency objects to the determination by	3677
doing one of the following not later than seven days after the	3678
date the written determination is issued:	3679

(1) If the child has been alleged or adjudicated to be an	3680
abused, neglected, dependent, unruly, or delinquent child or a	3681
juvenile traffic offender, filing in the juvenile court of the	3682
county having jurisdiction over the child's case a motion	3683
requesting that the court hold a hearing to determine which	3684
agencies are to provide services or funding for services to the	3685
child.	3686

(2) If the child is not a child described in division (B)(1)	3687
of this section, filing in the juvenile court of the county served	3688
by the county council a complaint objecting to the determination.	3689

The court shall hold a hearing as soon as possible, but not	3690
later than ninety days after the motion or complaint is filed. At	3691
least five days before the date on which the court hearing is to	3692
be held, the court shall send each agency subject to the	3693
determination written notice by first class mail of the date,	3694
time, place, and purpose of the court hearing. In the case of a	3695
motion filed under division (B)(1) of this section, the court may	3696
conduct the hearing as part of the adjudicatory or dispositional	3697
hearing concerning the child, if appropriate, and shall provide	3698
notice as required for those hearings.	3699

Except in cases in which the hearing is conducted as part of	3700
the adjudicatory or dispositional hearing, a hearing held pursuant	3701
to this division shall be limited to a determination of which	3702
agencies are to provide services or funding for services to the	3703
child. At the conclusion of the hearing, the court shall issue an	3704
order directing one or more agencies represented on the county	3705
council to provide services or funding for services to the child.	3706
The order shall include a plan of care governing the manner in	3707
which the services or funding are to be provided. The court shall	3708
base the plan of care on the comprehensive ~~joint~~family service	3709
coordination plan developed as part of the county's service	3710
coordination plan and on evidence presented during the hearing. An	3711
agency required by the order to provide services or funding shall	3712
be a party to any juvenile court proceeding concerning the child.	3713
The court may require an agency to provide services or funding for	3714
a child only if the child's condition or needs qualify the child	3715
for services under the laws governing the agency.	3716

(C) While the local dispute resolution process or court	3717
proceedings pursuant to this section are pending, each agency	3718
shall provide services and funding as required by the decision	3719
made by the county council before dispute resolution was	3720
initiated. If an agency that provides services or funds during the	3721
local dispute resolution process or court proceedings is	3722
determined through the process or proceedings not to be	3723
responsible for providing them, it shall be reimbursed for the	3724
costs of providing the services or funding by the agencies	3725
determined to be responsible for providing them.	3726

Sec. 121.381. A parent or custodian who disagrees with a	3727
decision rendered by a county family and children first council	3728
regarding services for a child may initiate the dispute resolution	3729
process established in the county service coordination mechanism	3730
pursuant to division (C)(10) of section 121.37 of the Revised	3731
Code.	3732

Not later than sixty days after the parent or custodian	3733
initiates the dispute resolution process, the council shall make	3734
findings regarding the dispute and issue a written determination	3735
of its findings.	3736

Sec. 121.382. Each agency represented on a county family and	3737
children first council that is providing services or funding for	3738
services that are the subject of the dispute resolution process	3739
initiated by a parent or custodian under section 121.381 of the	3740
Revised Code shall continue to provide those services and the	3741
funding for those services during the dispute resolution process.	3742

Sec. 121.403. (A) The Ohio community service council may do	3743
any of the following:	3744

(1) Accept monetary gifts or donations;

3745

(2) Sponsor conferences, meetings, or events in furtherance	3746
of the council's purpose described in section 121.40 of the	3747
Revised Code and charge fees for participation or involvement in	3748
the conferences, meetings, or events;	3749

(3) Sell promotional items in furtherance of the council's	3750
purpose described in section 121.40 of the Revised Code.	3751

(B) All monetary gifts and donations, funds from the sale of	3752
promotional items, and any fees paid to the council for	3753
conferences, meetings, or events sponsored by the council shall be	3754
deposited into the Ohio community service council gifts and	3755
donations fund, which is hereby created in the state treasury.	3756
Moneys in the fund may be used only as follows:	3757

(1) To pay operating expenses of the council, including	3758
payroll, personal services, maintenance, equipment, and subsidy	3759
payments;	3760

(2) To support council programs promoting volunteerism and	3761
community service in the state;	3762

(3) As matching funds for federal grants.

3763

Sec. 122.011. (A) The department of development shall	3764
develop and promote plans and programs designed to assure that	3765
state resources are efficiently used, economic growth is properly	3766
balanced, community growth is developed in an orderly manner, and	3767
local governments are coordinated with each other and the state,	3768
and for such purposes may do all of the following:	3769

(1) Serve as a clearinghouse for information, data, and other	3770
materials that may be helpful or necessary to persons or local	3771
governments, as provided in section 122.07 of the Revised Code;	3772

(2) Prepare and activate plans for the retention,	3773
development, expansion, and use of the resources and commerce of	3774
the state, as provided in section 122.04 of the Revised Code;	3775

(3) Assist and cooperate with federal, state, and local	3776
governments and agencies of federal, state, and local governments	3777
in the coordination of programs to carry out the functions and	3778
duties of the department;	3779

(4) Encourage and foster research and development activities,	3780
conduct studies related to the solution of community problems, and	3781
develop recommendations for administrative or legislative actions,	3782
as provided in section 122.03 of the Revised Code;	3783

(5) Serve as the economic and community development planning	3784
agency, which shall prepare and recommend plans and programs for	3785
the orderly growth and development of this state and which shall	3786
provide planning assistance, as provided in section 122.06 of the	3787
Revised Code;	3788

(6) Cooperate with and provide technical assistance to state	3789
departments, political subdivisions, regional and local planning	3790
commissions, tourist associations, councils of government,	3791
community development groups, community action agencies, and other	3792
appropriate organizations for carrying out the functions and	3793
duties of the department or for the solution of community	3794
problems;	3795

(7) Coordinate the activities of state agencies that have an	3796
impact on carrying out the functions and duties of the department;	3797

(8) Encourage and assist the efforts of and cooperate with	3798
local governments to develop mutual and cooperative solutions to	3799
their common problems that relate to carrying out the purposes of	3800
this section;	3801

(9) Study existing structure, operations, and financing of	3802
regional or local government and those state activities that	3803
involve significant relations with regional or local governmental	3804
units, recommend to the governor and to the general assembly such	3805
changes in these provisions and activities as will improve the	3806
operations of regional or local government, and conduct other	3807
studies of legal provisions that affect problems related to	3808
carrying out the purposes of this section;	3809

(10) Create and operate a division of community development	3810
to develop and administer programs and activities that are	3811
authorized by federal statute or the Revised Code;	3812

(11) Until October 15, ~~2005~~2007, establish fees and charges,	3813
in consultation with the director of agriculture, for purchasing	3814
loans from financial institutions and providing loan guarantees	3815
under the family farm loan program created under sections 901.80	3816
to 901.83 of the Revised Code;	3817

(12) Provide loan servicing for the loans purchased and loan	3818
guarantees provided under section 901.80 of the Revised Code as	3819
that section existed prior to October 15, ~~2005~~2007;	3820

(13) Until October 15, ~~2005~~2007, and upon approval by the	3821
controlling board under division (A)(3) of section 901.82 of the	3822
Revised Code of the release of money to be used for purchasing a	3823
loan or providing a loan guarantee, request the release of that	3824
money in accordance with division (B) of section 166.03 of the	3825
Revised Code for use for the purposes of the fund created by	3826
section 166.031 of the Revised Code.	3827

(B) The director of development may request the attorney	3828
general to, and the attorney general, in accordance with section	3829
109.02 of the Revised Code, shall bring a civil action in any	3830
court of competent jurisdiction. The director may be sued in the	3831
director's official capacity, in connection with this chapter, in	3832
accordance with Chapter 2743. of the Revised Code.	3833

Sec. 122.083. (A) The director of development shall	3834
administer a shovel ready sites program to provide grants for	3835
projects to port authorities and development entities approved by	3836
the director. Grants may be used to pay the costs of any or all of	3837
the following:	3838

(1) Acquisition of property, including options;

3839

(2) Preparation of sites, including brownfield clean-up	3840
activities;	3841

(3) Construction of road, water, telecommunication, and	3842
utility infrastructure;	3843

(4) Payment of professional fees the amount of which shall	3844
not exceed twenty per cent of the grant amount for a project.	3845

(B) The director shall adopt rules in accordance with Chapter	3846
119. of the Revised Code that establish procedures and	3847
requirements necessary for the administration of the program,	3848
including a requirement that a recipient of a grant enter into an	3849
agreement with the director governing the use of the grant.	3850

(C) There is hereby created in the state treasury the shovel	3851
ready sites fund consisting of money appropriated to it. Money in	3852
the fund shall be used solely for the purposes of this section.	3853

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

3854

(1) "Full-time employee" means an individual who is employed	3855
for consideration for at least thirty-five hours a week, or who	3856
renders any other standard of service generally accepted by custom	3857
or specified by contract as full-time employment.	3858

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

3859

(a) A full-time employee first employed by a taxpayer in the	3860
project that is the subject of the agreement after the taxpayer	3861
enters into a tax credit agreement with the tax credit authority	3862
under this section;	3863

(b) A full-time employee first employed by a taxpayer in the	3864
project that is the subject of the tax credit after the tax credit	3865
authority approves a project for a tax credit under this section	3866
in a public meeting, as long as the taxpayer enters into the tax	3867
credit agreement prepared by the department of development after	3868
such meeting within sixty days after receiving the agreement from	3869
the department. If the taxpayer fails to enter into the agreement	3870
within sixty days, "new employee" has the same meaning as under	3871
division (A)(2)(a) of this section.	3872

Under division (A)(2)(a) or (b) of this section, if the tax	3873
credit authority determines it appropriate, "new employee" also	3874
may include an employee re-hired or called back from lay-off to	3875
work in a new facility or on a new product or service established	3876
or produced by the taxpayer after entering into the agreement	3877
under this section or after the tax credit authority approves the	3878
tax credit in a public meeting. Except as otherwise provided in	3879
this paragraph, "new employee" does not include any employee of	3880
the taxpayer who was previously employed in this state by a	3881
related member of the taxpayer and whose employment was shifted to	3882
the taxpayer after the taxpayer entered into the tax credit	3883
agreement or after the tax credit authority approved the credit in	3884
a public meeting, or any employee of the taxpayer for which the	3885
taxpayer has been granted a certificate under division (B) of	3886
section 5709.66 of the Revised Code. However, if the taxpayer is	3887
engaged in the enrichment and commercialization of uranium or	3888
uranium products or is engaged in research and development	3889
activities related thereto and if the tax credit authority	3890
determines it appropriate, "new employee" may include an employee	3891
of the taxpayer who was previously employed in this state by a	3892
related member of the taxpayer and whose employment was shifted to	3893
the taxpayer after the taxpayer entered into the tax credit	3894
agreement or after the tax credit authority approved the credit in	3895
a public meeting. "New employee" does not include an employee of	3896
the taxpayer who is employed in an employment position that was	3897
relocated to a project from other operations of the taxpayer in	3898
this state or from operations of a related member of the taxpayer	3899
in this state. In addition, "new employee" does not include a	3900
child, grandchild, parent, or spouse, other than a spouse who is	3901
legally separated from the individual, of any individual who is an	3902
employee of the taxpayer and who has a direct or indirect	3903
ownership interest of at least five per cent in the profits,	3904
capital, or value of the taxpayer. Such ownership interest shall	3905
be determined in accordance with section 1563 of the Internal	3906
Revenue Code and regulations prescribed thereunder.	3907

(3) "New income tax revenue" means the total amount withheld	3908
under section 5747.06 of the Revised Code by the taxpayer during	3909
the taxable year, or during the calendar year that includes the	3910
tax period, from the compensation of new employees for the tax	3911
levied under Chapter 5747. of the Revised Code.	3912

(4) "Related member" has the same meaning as under division	3913
(A)(6) of section 5733.042 of the Revised Code without regard to	3914
division (B) of that section.	3915

(B) The tax credit authority may make grants under this	3916
section to foster job creation in this state. Such a grant shall	3917
take the form of a refundable credit allowed against the tax	3918
imposed by section 5733.06 or 5747.02 of the Revised Code for	3919
taxable years ending prior to 2008 and against the tax levied by	3920
Chapter 5751. of the Revised Code for tax periods beginning on or	3921
after July 1, 2008. The credit shall be claimed for the taxable	3922
years or tax periods specified in the taxpayer's agreement with	3923
the tax credit authority under division (D) of this section. The	3924
credit shall be claimed ~~after the allowance of all other credits~~	3925
~~provided by Chapter 5733. or 5747.~~in the order required under	3926
section 5733.98, 5747.98, or 5751.98 of the Revised Code. The	3927
amount of the credit available for a taxable year or for a	3928
calendar year that includes a tax period equals the new income tax	3929
revenue for ~~the taxable~~that year multiplied by the percentage	3930
specified in the agreement with the tax credit authority.	3931

(C) A taxpayer or potential taxpayer who proposes a project	3932
to create new jobs in this state may apply to the tax credit	3933
authority to enter into an agreement for a tax credit under this	3934
section. The director of development shall prescribe the form of	3935
the application. After receipt of an application, the authority	3936
may enter into an agreement with the taxpayer for a credit under	3937
this section if it determines all of the following:	3938

(1) The taxpayer's project will create new jobs in this	3939
state;	3940

(2) The taxpayer's project is economically sound and will	3941
benefit the people of this state by increasing opportunities for	3942
employment and strengthening the economy of this state;	3943

(3) Receiving the tax credit is a major factor in the	3944
taxpayer's decision to go forward with the project.	3945

(D) An agreement under this section shall include all of the	3946
following:	3947

(1) A detailed description of the project that is the subject	3948
of the agreement;	3949

(2) The term of the tax credit, which shall not exceed	3950
fifteen years, and the first taxable year, or first calendar year	3951
that includes a tax period, for which the credit may be claimed;	3952

(3) A requirement that the taxpayer shall maintain operations	3953
at the project location for at least twice the number of years as	3954
the term of the tax credit;	3955

(4) The percentage, as determined by the tax credit	3956
authority, of new income tax revenue that will be allowed as the	3957
amount of the credit for each taxable year or for each calendar	3958
year that includes a tax period;	3959

(5) A specific method for determining how many new employees	3960
are employed during a taxable year or during a calendar year that	3961
includes a tax period;	3962

(6) A requirement that the taxpayer annually shall report to	3963
the director of development the number of new employees, the new	3964
income tax revenue withheld in connection with the new employees,	3965
and any other information the director needs to perform the	3966
director's duties under this section;	3967

(7) A requirement that the director of development annually	3968
shall verify the amounts reported under division (D)(6) of this	3969
section, and after doing so shall issue a certificate to the	3970
taxpayer stating that the amounts have been verified;	3971

(8)(a) A provision requiring that the taxpayer, except as	3972
otherwise provided in division (D)(8)(b) of this section, shall	3973
not relocate employment positions from elsewhere in this state to	3974
the project site that is the subject of the agreement for the	3975
lesser of five years from the date the agreement is entered into	3976
or the number of years the taxpayer is entitled to claim the tax	3977
credit.	3978

(b) The taxpayer may relocate employment positions from	3979
elsewhere in this state to the project site that is the subject of	3980
the agreement if the director of development determines both of	3981
the following:	3982

(i) That the site from which the employment positions would	3983
be relocated is inadequate to meet market and industry conditions,	3984
expansion plans, consolidation plans, or other business	3985
considerations affecting the taxpayer;	3986

(ii) That the legislative authority of the county, township,	3987
or municipal corporation from which the employment positions would	3988
be relocated has been notified of the relocation.	3989

For purposes of this section, the movement of an employment	3990
position from one political subdivision to another political	3991
subdivision shall be considered a relocation of an employment	3992
position, but the transfer of an individual employee from one	3993
political subdivision to another political subdivision shall not	3994
be considered a relocation of an employment position as long as	3995
the individual's employment position in the first political	3996
subdivision is refilled.	3997

(E) If a taxpayer fails to meet or comply with any condition	3998
or requirement set forth in a tax credit agreement, the tax credit	3999
authority may amend the agreement to reduce the percentage or term	4000
of the tax credit. The reduction of the percentage or term shall	4001
take effect in the taxable year immediately following the taxable	4002
year in which the authority amends the agreement or in the first	4003
tax period beginning in the calendar year immediately following	4004
the calendar year in which the authority amends the agreement. If	4005
the taxpayer relocates employment positions in violation of the	4006
provision required under division (D)(8)(a) of this section, the	4007
taxpayer shall not claim the tax credit under section 5733.0610 of	4008
the Revised Code for any tax years following the calendar year in	4009
which the relocation occurs, or shall not claim the tax credit	4010
under section 5747.058 of the Revised Code for the taxable year in	4011
which the relocation occurs and any subsequent taxable years, and	4012
shall not claim the tax credit under division (A) of section	4013
5751.50 of the Revised Code for any tax period in the calendar	4014
year in which the relocation occurs and any subsequent tax	4015
periods.	4016

(F) Projects that consist solely of point-of-final-purchase	4017
retail facilities are not eligible for a tax credit under this	4018
section. If a project consists of both point-of-final-purchase	4019
retail facilities and nonretail facilities, only the portion of	4020
the project consisting of the nonretail facilities is eligible for	4021
a tax credit and only the new income tax revenue from new	4022
employees of the nonretail facilities shall be considered when	4023
computing the amount of the tax credit. If a warehouse facility is	4024
part of a point-of-final-purchase retail facility and supplies	4025
only that facility, the warehouse facility is not eligible for a	4026
tax credit. Catalog distribution centers are not considered	4027
point-of-final-purchase retail facilities for the purposes of this	4028
division, and are eligible for tax credits under this section.	4029

(G) Financial statements and other information submitted to	4030
the department of development or the tax credit authority by an	4031
applicant or recipient of a tax credit under this section, and any	4032
information taken for any purpose from such statements or	4033
information, are not public records subject to section 149.43 of	4034
the Revised Code. However, the chairperson of the authority may	4035
make use of the statements and other information for purposes of	4036
issuing public reports or in connection with court proceedings	4037
concerning tax credit agreements under this section. Upon the	4038
request of the tax commissioner, the chairperson of the authority	4039
shall provide to the commissioner any statement or information	4040
submitted by an applicant or recipient of a tax credit in	4041
connection with the credit. The commissioner shall preserve the	4042
confidentiality of the statement or information.	4043

(H) A taxpayer claiming a credit under this section shall	4044
submit to the tax commissioner a copy of the director of	4045
development's certificate of verification under division (D)(7) of	4046
this section for the taxable year or for the calendar year that	4047
includes the tax period. However, failure to submit a copy of the	4048
certificate does not invalidate a claim for a credit.	4049

(I) The director of development, after consultation with the	4050
tax commissioner and in accordance with Chapter 119. of the	4051
Revised Code, shall adopt rules necessary to implement this	4052
section. The rules may provide for recipients of tax credits under	4053
this section to be charged fees to cover administrative costs of	4054
the tax credit program. At the time the director gives public	4055
notice under division (A) of section 119.03 of the Revised Code of	4056
the adoption of the rules, the director shall submit copies of the	4057
proposed rules to the chairpersons of the standing committees on	4058
economic development in the senate and the house of	4059
representatives.	4060

(J) For the purposes of this section, a taxpayer may include	4061
a partnership, a corporation that has made an election under	4062
subchapter S of chapter one of subtitle A of the Internal Revenue	4063
Code, or any other business entity through which income flows as a	4064
distributive share to its owners. A credit received under this	4065
section by a partnership, S-corporation, or other such business	4066
entity shall be apportioned among the persons to whom the income	4067
or profit of the partnership, S-corporation, or other entity is	4068
distributed, in the same proportions as those in which the income	4069
or profit is distributed.	4070

(K) If the director of development determines that a taxpayer	4071
who has received a credit under this section is not complying with	4072
the requirement under division (D)(3) of this section, the	4073
director shall notify the tax credit authority of the	4074
noncompliance. After receiving such a notice, and after giving the	4075
taxpayer an opportunity to explain the noncompliance, the tax	4076
credit authority may require the taxpayer to refund to this state	4077
a portion of the credit in accordance with the following:	4078

(1) If the taxpayer maintained operations at the project	4079
location for at least one and one-half times the number of years	4080
of the term of the tax credit, an amount not exceeding twenty-five	4081
per cent of the sum of any previously allowed credits under this	4082
section;	4083

(2) If the taxpayer maintained operations at the project	4084
location for at least the number of years of the term of the tax	4085
credit, an amount not exceeding fifty per cent of the sum of any	4086
previously allowed credits under this section;	4087

(3) If the taxpayer maintained operations at the project	4088
location for less than the number of years of the term of the tax	4089
credit, an amount not exceeding one hundred per cent of the sum of	4090
any previously allowed credits under this section.	4091

In determining the portion of the tax credit to be refunded	4092
to this state, the tax credit authority shall consider the effect	4093
of market conditions on the taxpayer's project and whether the	4094
taxpayer continues to maintain other operations in this state.	4095
After making the determination, the authority shall certify the	4096
amount to be refunded to the tax commissioner. The commissioner	4097
shall make an assessment for that amount against the taxpayer	4098
under Chapter 5733. or, 5747., or 5751. of the Revised Code. The	4099
time limitations on assessments under ~~Chapter 5733. or 5747. of~~	4100
~~the Revised Code~~those chapters do not apply to an assessment	4101
under this division, but the commissioner shall make the	4102
assessment within one year after the date the authority certifies	4103
to the commissioner the amount to be refunded.	4104

(L) On or before the thirty-first day of March each year, the	4105
director of development shall submit a report to the governor, the	4106
president of the senate, and the speaker of the house of	4107
representatives on the tax credit program under this section. The	4108
report shall include information on the number of agreements that	4109
were entered into under this section during the preceding calendar	4110
year, a description of the project that is the subject of each	4111
such agreement, and an update on the status of projects under	4112
agreements entered into before the preceding calendar year.	4113

~~During the fifth year of the tax credit program, the director~~	4114
~~of development in conjunction with the director of budget and~~	4115
~~management shall conduct an evaluation of it. The evaluation shall~~	4116
~~include assessments of the effectiveness of the program in~~	4117
~~creating new jobs in this state and of the revenue impact of the~~	4118
~~program, and may include a review of the practices and experiences~~	4119
~~of other states with similar programs. The director of development~~	4120
~~shall submit a report on the evaluation to the governor, the~~	4121
~~president of the senate, and the speaker of the house of~~	4122
~~representatives on or before January 1, 1998.~~	4123

(M) There is hereby created the tax credit authority, which	4124
consists of the director of development and four other members	4125
appointed as follows: the governor, the president of the senate,	4126
and the speaker of the house of representatives each shall appoint	4127
one member who shall be a specialist in economic development; the	4128
governor also shall appoint a member who is a specialist in	4129
taxation. Of the initial appointees, the members appointed by the	4130
governor shall serve a term of two years; the members appointed by	4131
the president of the senate and the speaker of the house of	4132
representatives shall serve a term of four years. Thereafter,	4133
terms of office shall be for four years. Initial appointments to	4134
the authority shall be made within thirty days after January 13,	4135
1993. Each member shall serve on the authority until the end of	4136
the term for which the member was appointed. Vacancies shall be	4137
filled in the same manner provided for original appointments. Any	4138
member appointed to fill a vacancy occurring prior to the	4139
expiration of the term for which the member's predecessor was	4140
appointed shall hold office for the remainder of that term.	4141
Members may be reappointed to the authority. Members of the	4142
authority shall receive their necessary and actual expenses while	4143
engaged in the business of the authority. The director of	4144
development shall serve as chairperson of the authority, and the	4145
members annually shall elect a vice-chairperson from among	4146
themselves. Three members of the authority constitute a quorum to	4147
transact and vote on the business of the authority. The majority	4148
vote of the membership of the authority is necessary to approve	4149
any such business, including the election of the vice-chairperson.	4150

The director of development may appoint a professional	4151
employee of the department of development to serve as the	4152
director's substitute at a meeting of the authority. The director	4153
shall make the appointment in writing. In the absence of the	4154
director from a meeting of the authority, the appointed substitute	4155
shall serve as chairperson. In the absence of both the director	4156
and the director's substitute from a meeting, the vice-chairperson	4157
shall serve as chairperson.	4158

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

4159

(1) "Capital investment project" means a plan of investment	4160
at a project site for the acquisition, construction, renovation,	4161
or repair of buildings, machinery, or equipment, or for	4162
capitalized costs of basic research and new product development	4163
determined in accordance with generally accepted accounting	4164
principles, but does not include any of the following:	4165

(a) Payments made for the acquisition of personal property	4166
through operating leases;	4167

(b) Project costs paid before January 1, 2002~~, or after~~	4168
~~December 31, 2006~~;	4169

(c) Payments made to a related member as defined in section	4170
5733.042 of the Revised Code or to an elected consolidated	4171
taxpayer or a combined taxpayer as defined in section 5751.01 of	4172
the Revised Code.	4173

(2) "Eligible business" means a business with Ohio operations	4174
satisfying all of the following:	4175

(a) Employed an average of at least one thousand employees in	4176
full-time employment positions at a project site during each of	4177
the twelve months preceding the application for a tax credit under	4178
this section; and	4179

(b) On or after January 1, 2002, has made payments for the	4180
capital investment project of either of the following:	4181

(i) At least two hundred million dollars in the aggregate at	4182
the project site during a period of three consecutive calendar	4183
years including the calendar year that includes a day of the	4184
taxpayer's taxable year or tax period with respect to which the	4185
credit is granted;	4186

(ii) If the average wage of all full-time employment	4187
positions at the project site is greater than four hundred per	4188
cent of the federal minimum wage, at least one hundred million	4189
dollars in the aggregate at the project site during a period of	4190
three consecutive calendar years including the calendar year that	4191
includes a day of the taxpayer's taxable year or tax period with	4192
respect to which the credit is granted.	4193

(c) Is engaged at the project site primarily as a	4194
manufacturer or is providing significant corporate administrative	4195
functions;	4196

(d) Has had a capital investment project reviewed and	4197
approved by the tax credit authority as provided in divisions (C),	4198
(D), and (E) of this section.	4199

(3) "Full-time employment position" means a position of	4200
employment for consideration for at least thirty-five hours a week	4201
that has been filled for at least one hundred eighty days	4202
immediately preceding the filing of an application under this	4203
section and for at least one hundred eighty days during each	4204
taxable year or each calendar year that includes a tax period with	4205
respect to which the credit is granted.	4206

(4) "Manufacturer" has the same meaning as in section	4207
5739.011 of the Revised Code.	4208

(5) "Project site" means an integrated complex of facilities	4209
in this state, as specified by the tax credit authority under this	4210
section, within a fifteen-mile radius where a taxpayer is	4211
primarily operating as an eligible business.	4212

(6) "Applicable corporation" means a corporation satisfying	4213
all of the following:	4214

(a)(i) For the entire taxable year immediately preceding the	4215
tax year, the corporation develops software applications primarily	4216
to provide telecommunication billing and information services	4217
through outsourcing or licensing to domestic or international	4218
customers.	4219

(ii) Sales and licensing of software generated at least six	4220
hundred million dollars in revenue during the taxable year	4221
immediately preceding the tax year the corporation is first	4222
entitled to claim the credit provided under division (B) of this	4223
section.	4224

(b) For the entire taxable year immediately preceding the tax	4225
year, the corporation or one or more of its related members	4226
provides customer or employee care and technical support for	4227
clients through one or more contact centers within this state, and	4228
the corporation and its related members together have a daily	4229
average, based on a ~~three hundred sixty-five day~~	4230
three-hundred-sixty-five-day year, of at least five hundred	4231
thousand successful customer contacts through one or more of their	4232
contact centers, wherever located.	4233

(c) The corporation is eligible for the credit under division	4234
(B) of this section for the tax year.	4235

(7) "Related member" has the same meaning as in section	4236
5733.042 of the Revised Code as that section existed on the	4237
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	4238
general assembly, September 29, 1997.	4239

(8) "Successful customer contact" means a contact with an end	4240
user via telephone, including interactive voice recognition or	4241
similar means, where the contact culminates in a conversation or	4242
connection other than a busy signal or equipment busy.	4243

(9) "Telecommunications" means all forms of	4244
telecommunications service as defined in section 5739.01 of the	4245
Revised Code, and includes services in wireless, wireline, cable,	4246
broadband, internet protocol, and satellite.	4247

(10)(a) "Applicable difference" means the difference between	4248
the tax for the tax year under Chapter 5733. of the Revised Code	4249
applying the law in effect for that tax year, and the tax for that	4250
tax year if section 5733.042 of the Revised Code applied as that	4251
section existed on the effective date of its amendment by Am. Sub.	4252
H.B. 215 of the 122nd general assembly, September 29, 1997,	4253
subject to division (A)(10)(b) of this section.	4254

(b) If the tax rate set forth in division (B) of section	4255
5733.06 of the Revised Code for the tax year is less than eight	4256
and one-half per cent, the tax calculated under division	4257
(A)(10)(a) of this section shall be computed by substituting a tax	4258
rate of eight and one-half per cent for the rate set forth in	4259
division (B) of section 5733.06 of the Revised Code for the tax	4260
year.	4261

(c) If the resulting difference is negative, the applicable	4262
tax difference for the tax year shall be zero.	4263

(B) The tax credit authority created under section 122.17 of	4264
the Revised Code may grant tax credits under this section for the	4265
purpose of fostering job retention in this state. Upon application	4266
by an eligible business and upon consideration of the	4267
recommendation of the director of budget and management, tax	4268
commissioner, and director of development under division (C) of	4269
this section, the tax credit authority may grant to an eligible	4270
business a nonrefundable credit against the tax imposed by section	4271
5733.06 or 5747.02 of the Revised Code for taxable years ending	4272
before 2008 for a period up to fifteen taxable years and against	4273
the tax levied by Chapter 5751. of the Revised Code for tax	4274
periods beginning on or after July 1, 2008, for a period of up to	4275
fifteen calendar years. The credit shall be in an amount not	4276
exceeding seventy-five per cent of the Ohio income tax withheld	4277
from the employees of the eligible business occupying full-time	4278
employment positions at the project site during the calendar year	4279
that includes the last day of such business' taxable year or tax	4280
period with respect to which the credit is granted. The amount of	4281
the credit shall not be based on the Ohio income tax withheld from	4282
full-time employees for a calendar year prior to the calendar year	4283
in which the minimum investment requirement referred to in	4284
division (A)(2)(b) of this section is completed. The credit shall	4285
be claimed only for the taxable years or tax periods specified in	4286
the eligible business' agreement with the tax credit authority	4287
under division (E) of this section, but in no event shall the	4288
credit be claimed for a taxable year or tax period terminating	4289
before the date specified in the agreement.	4290

The credit computed under this division is in addition to any	4291
credit allowed under division (M) of this section which the tax	4292
credit authority may also include in the agreement.	4293

Any unused portion of a tax credit may be carried forward for	4294
not more than three additional years after the year for which the	4295
credit is granted.	4296

(C) A taxpayer that proposes a capital investment project to	4297
retain jobs in this state may apply to the tax credit authority to	4298
enter into an agreement for a tax credit under this section. The	4299
director of development shall prescribe the form of the	4300
application. After receipt of an application, the authority shall	4301
forward copies of the application to the director of budget and	4302
management, the tax commissioner, and the director of development,	4303
each of whom shall review the application to determine the	4304
economic impact the proposed project would have on the state and	4305
the affected political subdivisions and shall submit a summary of	4306
their determinations and recommendations to the authority. ~~The~~	4307
~~authority shall make no agreements under this section after June~~	4308
~~30, 2007.~~	4309

(D) Upon review of the determinations and recommendations	4310
described in division (C) of this section, the tax credit	4311
authority may enter into an agreement with the taxpayer for a	4312
credit under this section if the authority determines all of the	4313
following:	4314

(1) The taxpayer's capital investment project will result in	4315
the retention of full-time employment positions in this state.	4316

(2) The taxpayer is economically sound and has the ability to	4317
complete the proposed capital investment project.	4318

(3) The taxpayer intends to and has the ability to maintain	4319
operations at the project site for at least twice the term of the	4320
credit.	4321

(4) Receiving the credit is a major factor in the taxpayer's	4322
decision to begin, continue with, or complete the project.	4323

(5) The political subdivisions in which the project is	4324
located have agreed to provide substantial financial support to	4325
the project.	4326

(E) An agreement under this section shall include all of the	4327
following:	4328

(1) A detailed description of the project that is the subject	4329
of the agreement, including the amount of the investment, the	4330
period over which the investment has been or is being made, and	4331
the number of full-time employment positions at the project site.	4332

(2) The method of calculating the number of full-time	4333
employment positions as specified in division (A)(3) of this	4334
section.	4335

(3) The term and percentage of the tax credit, and the first	4336
year for which the credit may be claimed.	4337

(4) A requirement that the taxpayer maintain operations at	4338
the project site for at least twice the number of years as the	4339
term of the credit.	4340

(5) A requirement that the taxpayer retain a specified number	4341
of full-time employment positions at the project site and within	4342
this state for the term of the credit, including a requirement	4343
that the taxpayer continue to employ at least one thousand	4344
employees in full-time employment positions at the project site	4345
during the entire term of any agreement, subject to division	4346
(E)(7) of this section.	4347

(6) A requirement that the taxpayer annually report to the	4348
director of development the number of full-time employment	4349
positions subject to the credit, the amount of tax withheld from	4350
employees in those positions, the amount of the payments made for	4351
the capital investment project, and any other information the	4352
director needs to perform the director's duties under this	4353
section.	4354

(7) A requirement that the director of development annually	4355
review the annual reports of the taxpayer to verify the	4356
information reported under division (E)(6) of this section and	4357
compliance with the agreement. Upon verification, the director	4358
shall issue a certificate to the taxpayer stating that the	4359
information has been verified and identifying the amount of the	4360
credit for the taxable year. Unless otherwise specified by the tax	4361
credit authority in a resolution and included as part of the	4362
agreement, the director shall not issue a certificate for any year	4363
in which the total number of filled full-time employment positions	4364
for each day of the calendar year divided by three hundred	4365
sixty-five is less than ninety per cent of the full-time	4366
employment positions specified in division (E)(5) of this section.	4367
In determining the number of full-time employment positions, no	4368
position shall be counted that is filled by an employee who is	4369
included in the calculation of a tax credit under section 122.17	4370
of the Revised Code.	4371

(8)(a) A provision requiring that the taxpayer, except as	4372
otherwise provided in division (E)(8)(b) of this section, shall	4373
not relocate employment positions from elsewhere in this state to	4374
the project site that is the subject of the agreement for the	4375
lesser of five years from the date the agreement is entered into	4376
or the number of years the taxpayer is entitled to claim the	4377
credit.	4378

(b) The taxpayer may relocate employment positions from	4379
elsewhere in this state to the project site that is the subject of	4380
the agreement if the director of development determines both of	4381
the following:	4382

(i) That the site from which the employment positions would	4383
be relocated is inadequate to meet market and industry conditions,	4384
expansion plans, consolidation plans, or other business	4385
considerations affecting the taxpayer;	4386

(ii) That the legislative authority of the county, township,	4387
or municipal corporation from which the employment positions would	4388
be relocated has been notified of the relocation.	4389

For purposes of this section, the movement of an employment	4390
position from one political subdivision to another political	4391
subdivision shall be considered a relocation of an employment	4392
position unless the movement is confined to the project site. The	4393
transfer of an individual employee from one political subdivision	4394
to another political subdivision shall not be considered a	4395
relocation of an employment position as long as the individual's	4396
employment position in the first political subdivision is	4397
refilled.	4398

(9) A waiver by the taxpayer of any limitations periods	4399
relating to assessments or adjustments resulting from the	4400
taxpayer's failure to comply with the agreement.	4401

(F) If a taxpayer fails to meet or comply with any condition	4402
or requirement set forth in a tax credit agreement, the tax credit	4403
authority may amend the agreement to reduce the percentage or term	4404
of the credit. The reduction of the percentage or term shall take	4405
effect in the taxable year immediately following the taxable year	4406
in which the authority amends the agreement or in the first tax	4407
period beginning in the calendar year immediately following the	4408
calendar year in which the authority amends the agreement. If the	4409
taxpayer relocates employment positions in violation of the	4410
provision required under division (D)(8)(a) of this section, the	4411
taxpayer shall not claim the tax credit under section 5733.0610 of	4412
the Revised Code for any tax years following the calendar year in	4413
which the relocation occurs, or shall not claim the tax credit	4414
under section 5747.058 of the Revised Code for the taxable year in	4415
which the relocation occurs and any subsequent taxable years, and	4416
shall not claim the tax credit under division (A) of section	4417
5751.50 of the Revised Code for the tax period in which the	4418
relocation occurs and any subsequent tax periods.	4419

(G) Financial statements and other information submitted to	4420
the department of development or the tax credit authority by an	4421
applicant for or recipient of a tax credit under this section, and	4422
any information taken for any purpose from such statements or	4423
information, are not public records subject to section 149.43 of	4424
the Revised Code. However, the chairperson of the authority may	4425
make use of the statements and other information for purposes of	4426
issuing public reports or in connection with court proceedings	4427
concerning tax credit agreements under this section. Upon the	4428
request of the tax commissioner, the chairperson of the authority	4429
shall provide to the commissioner any statement or other	4430
information submitted by an applicant for or recipient of a tax	4431
credit in connection with the credit. The commissioner shall	4432
preserve the confidentiality of the statement or other	4433
information.	4434

(H) A taxpayer claiming a tax credit under this section shall	4435
submit to the tax commissioner a copy of the director of	4436
development's certificate of verification under division (E)(7) of	4437
this section for the taxable year or for the calendar year that	4438
includes the tax period. However, failure to submit a copy of the	4439
certificate does not invalidate a claim for a credit.	4440

(I) For the purposes of this section, a taxpayer may include	4441
a partnership, a corporation that has made an election under	4442
subchapter S of chapter one of subtitle A of the Internal Revenue	4443
Code, or any other business entity through which income flows as a	4444
distributive share to its owners. A tax credit received under this	4445
section by a partnership, S-corporation, or other such business	4446
entity shall be apportioned among the persons to whom the income	4447
or profit of the partnership, S-corporation, or other entity is	4448
distributed, in the same proportions as those in which the income	4449
or profit is distributed.	4450

(J) If the director of development determines that a taxpayer	4451
that received a tax credit under this section is not complying	4452
with the requirement under division (E)(4) of this section, the	4453
director shall notify the tax credit authority of the	4454
noncompliance. After receiving such a notice, and after giving the	4455
taxpayer an opportunity to explain the noncompliance, the	4456
authority may terminate the agreement and require the taxpayer to	4457
refund to the state all or a portion of the credit claimed in	4458
previous years, as follows:	4459

(1) If the taxpayer maintained operations at the project site	4460
for less than the term of the credit, the amount required to be	4461
refunded shall not exceed the amount of any tax credits previously	4462
allowed and received under this section.	4463

(2) If the taxpayer maintained operations at the project site	4464
longer than the term of the credit but less than one and one-half	4465
times the term of the credit, the amount required to be refunded	4466
shall not exceed fifty per cent of the sum of any tax credits	4467
previously allowed and received under this section.	4468

(3) If the taxpayer maintained operations at the project site	4469
for at least one and one-half times the term of the credit but	4470
less than twice the term of the credit, the amount required to be	4471
refunded shall not exceed twenty-five per cent of the sum of any	4472
tax credits previously allowed and received under this section.	4473

In determining the portion of the credit to be refunded to	4474
this state, the authority shall consider the effect of market	4475
conditions on the taxpayer's project and whether the taxpayer	4476
continues to maintain other operations in this state. After making	4477
the determination, the authority shall certify the amount to be	4478
refunded to the tax commissioner. The commissioner shall make an	4479
assessment for that amount against the taxpayer under Chapter	4480
5733. or, 5747., or 5751. of the Revised Code. The time	4481
limitations on assessments under ~~Chapter 5733. or 5747. of the~~	4482
~~Revised Code~~those chapters do not apply to an assessment under	4483
this division, but the commissioner shall make the assessment	4484
within one year after the date the authority certifies to the	4485
commissioner the amount to be refunded.	4486

If the director of development determines that a taxpayer	4487
that received a tax credit under this section has reduced the	4488
number of employees agreed to under division (E)(5) of this	4489
section by more than ten per cent, the director shall notify the	4490
tax credit authority of the noncompliance. After receiving such	4491
notice, and after providing the taxpayer an opportunity to explain	4492
the noncompliance, the authority may amend the agreement to reduce	4493
the percentage or term of the tax credit. The reduction in the	4494
percentage or term shall take effect in the taxable year, or in	4495
the calendar year that includes the tax period, in which the	4496
authority amends the agreement.	4497

(K) The director of development, after consultation with the	4498
tax commissioner and in accordance with Chapter 119. of the	4499
Revised Code, shall adopt rules necessary to implement this	4500
section. The rules may provide for recipients of tax credits under	4501
this section to be charged fees to cover administrative costs of	4502
the tax credit program. At the time the director gives public	4503
notice under division (A) of section 119.03 of the Revised Code of	4504
the adoption of the rules, the director shall submit copies of the	4505
proposed rules to the chairpersons of the standing committees on	4506
economic development in the senate and the house of	4507
representatives.	4508

(L) On or before the thirty-first day of March of each year,	4509
the director of development shall submit a report to the governor,	4510
the president of the senate, and the speaker of the house of	4511
representatives on the tax credit program under this section. The	4512
report shall include information on the number of agreements that	4513
were entered into under this section during the preceding calendar	4514
year, a description of the project that is the subject of each	4515
such agreement, and an update on the status of projects under	4516
agreements entered into before the preceding calendar year.	4517

(M)(1) A nonrefundable credit shall be allowed to an	4518
applicable corporation and its related members in an amount equal	4519
to the applicable difference. The credit is in addition to the	4520
credit granted to the corporation or related members under	4521
division (B) of this section. The credit is subject to divisions	4522
(B) to (E) and division (J) of this section.	4523

(2) A person qualifying as an applicable corporation under	4524
this section for a tax year does not necessarily qualify as an	4525
applicable corporation for any other tax year. No person is	4526
entitled to the credit allowed under division (M) of this section	4527
for the tax year immediately following the taxable year during	4528
which the person fails to meet the requirements in divisions	4529
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	4530
to the credit allowed under division (M) of this section for any	4531
tax year for which the person is not eligible for the credit	4532
provided under division (B) of this section.	4533

Sec. 122.603. (A)(1) Upon approval by the director of	4534
development and after entering into a participation agreement with	4535
the department of development, a participating financial	4536
institution making a capital access loan shall establish a program	4537
reserve account. The account shall be an interest-bearing account	4538
and shall contain only moneys deposited into it under the program	4539
and the interest payable on the moneys in the account.	4540

(2) All interest payable on the moneys in the program reserve	4541
account shall be added to the moneys and held as an additional	4542
loss reserve. The director may require that a portion or all of	4543
the accrued interest so held in the account be released to the	4544
department. If the director causes a release of accrued interest,	4545
the director shall deposit the released amount into the capital	4546
access loan program fund created in section 122.601 of the Revised	4547
Code. The director shall not require the release of that accrued	4548
interest more than twice in a fiscal year.	4549

(B) When a participating financial institution makes a	4550
capital access loan, it shall require the eligible business to pay	4551
to the participating financial institution a fee in an amount that	4552
is not less than one and one-half per cent, and not more than	4553
three per cent, of the principal amount of the loan. The	4554
participating financial institution shall deposit the fee into its	4555
program reserve account, and it also shall deposit into the	4556
account an amount of its own funds equal to the amount of the fee.	4557
The participating financial institution may recover from the	4558
eligible business all or part of the amount that the participating	4559
financial institution is required to deposit into the account	4560
under this division in any manner agreed to by the participating	4561
financial institution and the eligible business.	4562

(C) For each capital access loan made by a participating	4563
financial institution, the participating financial institution	4564
shall certify to the director, within a period specified by the	4565
director, that the participating financial institution has made	4566
the loan. The certification shall include the amount of the loan,	4567
the amount of the fee received from the eligible business, the	4568
amount of its own funds that the participating financial	4569
institution deposited into its program reserve account to reflect	4570
that fee, and any other information specified by the director.	4571

(D) OnUpon receipt of each of the first three certifications	4572
from a participating financial institution made under division (C)	4573
of this section and subject to section 122.602 of the Revised	4574
Code, the director shall disburse to the participating financial	4575
institution from the capital access loan program fund an amount	4576
equal to fifty per cent of the principal amount of the particular	4577
capital access loan for deposit into the participating financial	4578
institution's program reserve account. Thereafter, upon receipt of	4579
a certification from that participating financial institution made	4580
under division (C) of this section and subject to section 122.602	4581
of the Revised Code, the director shall disburse to the	4582
participating financial institution from the capital access loan	4583
program fund an amount equal to ten per cent of the principal	4584
amount of the particular capital access loan for deposit into the	4585
participating financial institution's program reserve account. The	4586
disbursement of moneys from the fund to a participating financial	4587
institution does not require approval from the controlling board.	4588

(E) If the amount in a program reserve account exceeds an	4589
amount equal to thirty-three per cent of a participating financial	4590
institution's outstanding capital access loans, the department may	4591
cause the withdrawal of the excess amount and the deposit of the	4592
withdrawn amount into the capital access loan program fund.	4593

(F)(1) The department may cause the withdrawal of the total	4594
amount in a participating financial institution's program reserve	4595
account if any of the following applies:	4596

(a) The financial institution is no longer eligible to	4597
participate in the program.	4598

(b) The participation agreement expires without renewal by	4599
the department or the financial institution.	4600

(c) The financial institution has no outstanding capital	4601
access loans.	4602

(d) The financial institution has not made a capital access	4603
loan within the preceding twenty-four months.	4604

(2) If the department causes a withdrawal under division	4605
(F)(1) of this section, the department shall deposit the withdrawn	4606
amount into the capital access loan program fund.	4607

Sec. 122.71. As used in sections 122.71 to 122.83 of the	4608
Revised Code:	4609

(A) "Financial institution" means any banking corporation,	4610
trust company, insurance company, savings and loan association,	4611
building and loan association, or corporation, partnership,	4612
federal lending agency, foundation, or other institution engaged	4613
in lending or investing funds for industrial or business purposes.	4614

(B) "Project" means any real or personal property connected	4615
with or being a part of an industrial, distribution, commercial,	4616
or research facility to be acquired, constructed, reconstructed,	4617
enlarged, improved, furnished, or equipped, or any combination	4618
thereof, with the aid provided under sections 122.71 to 122.83 of	4619
the Revised Code, for industrial, commercial, distribution, and	4620
research development of the state.	4621

(C) "Mortgage" means the lien imposed on a project by a	4622
mortgage on real property, or by financing statements on personal	4623
property, or a combination of a mortgage and financing statements	4624
when a project consists of both real and personal property.	4625

(D) "Mortgagor" means the principal user of a project or the	4626
person, corporation, partnership, or association unconditionally	4627
guaranteeing performance by the principal user of its obligations	4628
under the mortgage.	4629

(E)(1) "Minority business enterprise" means an individual who	4630
is a United States citizen and owns and controls a business, or a	4631
partnership, corporation, or joint venture of any kind that is	4632
owned and controlled by United States citizens, which citizen or	4633
citizens are residents of this state and are members of one of the	4634
following economically disadvantaged groups: Blacks or African	4635
Americans, American Indians, Hispanics or Latinos, and ~~Orientals~~	4636
Asians.	4637

(2) "Owned and controlled" means that at least fifty-one per	4638
cent of the business, including corporate stock if a corporation,	4639
is owned by persons who belong to one or more of the groups set	4640
forth in division (E)(1) of this section, and that those owners	4641
have control over the management and day-to-day operations of the	4642
business and an interest in the capital, assets, and profits and	4643
losses of the business proportionate to their percentage of	4644
ownership. In order to qualify as a minority business enterprise,	4645
a business shall have been owned and controlled by those persons	4646
at least one year prior to being awarded a contract pursuant to	4647
this section.	4648

(F) "Community improvement corporation" means a corporation	4649
organized under Chapter 1724. of the Revised Code.	4650

(G) "Ohio development corporation" means a corporation	4651
organized under Chapter 1726. of the Revised Code.	4652

(H) "Minority contractors business assistance organization"	4653
means an entity engaged in the provision of management and	4654
technical business assistance to minority business enterprise	4655
entrepreneurs.	4656

(I) "Minority business supplier development council" means a	4657
nonprofit organization established as an affiliate of the national	4658
minority supplier development council.	4659

(J) "Regional economic development entity" means an entity	4660
that is under contract with the director of development to	4661
administer a loan program under this chapter in a particular area	4662
of the state.	4663

Sec. 122.72. (A) There is hereby created the minority	4664
development financing advisory board to assist in carrying out the	4665
programs created pursuant to sections 122.71 to ~~122.89~~122.90 of	4666
the Revised Code.	4667

(B) The board shall consist of ~~seven~~ten members. The	4668
director of development or the director's designee shall be a	4669
voting member on the board. Seven members shall be appointed by	4670
the governor with the advice and consent of the senate and	4671
selected because of their knowledge of and experience in	4672
industrial, business, and commercial financing, suretyship,	4673
construction, and their understanding of the problems of minority	4674
business enterprises; one member also shall be a member of the	4675
senate and appointed by the president of the senate, and one	4676
member also shall be a member of the house of representatives and	4677
appointed by the speaker of the house of representatives. With	4678
respect to the board, all of the following apply:	4679

(1) Not more than four of the members of the board appointed	4680
by the governor shall be of the same political party.	4681

(2) Each member shall hold office from the date of the	4682
member's appointment until the end of the term for which the	4683
member was appointed.	4684

(3) The terms of office for the seven members appointed by	4685
the governor shall be for seven years, commencing on the first day	4686
of October and ending on the thirtieth day of September of the	4687
seventh year, except that of the original seven members, three	4688
shall be appointed for three years and two shall be appointed for	4689
five years.	4690

(4) Any member of the board is eligible for reappointment.

4691

(5) Any member appointed to fill a vacancy occurring prior to	4692
the expiration of the term for which ~~his~~the member's predecessor	4693
was appointed shall hold office for the remainder of ~~his~~the	4694
predecessor's term.	4695

(6) Any member shall continue in office subsequent to the	4696
expiration date of ~~his~~the member's term until ~~his~~the member's	4697
successor takes office, or until a period of sixty days has	4698
elapsed, whichever occurs first.	4699

(7) Before entering upon ~~his~~official duties as a member of	4700
the board, each member shall take an oath as provided by Section 7	4701
of Article XV, Ohio Constitution.	4702

(8) The governor may, at any time, remove any member	4703
appointed by ~~him~~the governor pursuant to section 3.04 of the	4704
Revised Code.	4705

(9) Notwithstanding section 101.26 of the Revised Code,	4706
members shall receive their necessary and actual expenses while	4707
engaged in the business of the board and shall be paid at the per	4708
diem rate of step 1 of pay range 31 of section 124.15 of the	4709
Revised Code.	4710

(10) ~~Five~~Four members of the board constitute a quorum and	4711
the affirmative vote of ~~five members~~a majority of the quorum is	4712
necessary for any action taken by the board.	4713

(11) In the event of the absence of a member appointed by the	4714
president of the senate or by the speaker of the house of	4715
representatives, either of the following persons may serve in the	4716
member's absence:	4717

(a) The president of the senate or the speaker of the house	4718
of representatives, whoever appointed the absent member;	4719

(b) A member of the senate or of the house of representatives	4720
of the same political party as the absent member, as designated by	4721
the president of the senate or the speaker of the house of	4722
representatives, whoever appointed the absent member.	4723

(12) The board shall annually elect one of its members as	4724
~~chairman~~chairperson and another as ~~vice-chairman~~	4725
vice-chairperson.	4726

Sec. 122.73. (A) The minority development financing advisory	4727
board and the director of development are invested with the powers	4728
and duties provided in sections 122.71 to ~~122.89~~122.90 of the	4729
Revised Code, in order to promote the welfare of the people of the	4730
state by encouraging the establishment and expansion of minority	4731
business enterprises,; to stabilize the economy,; to provide	4732
employment,; to assist in the development within the state of	4733
industrial, commercial, distribution, and research activities	4734
required for the people of the state, and for their gainful	4735
employment,; or otherwise to create or preserve jobs and	4736
employment opportunities, or improve the economic welfare of the	4737
people of the state. It is hereby determined that the	4738
accomplishment of those purposes is essential so that the people	4739
of the state may maintain their present high standards of living	4740
in comparison with the people of other states and so that	4741
opportunities for employment and for favorable markets for the	4742
products of the state's natural resources, agriculture, and	4743
manufacturing shall be improved ~~and~~. It further is determined that	4744
it is necessary for the state to establish the programs authorized	4745
under sections 122.71 to ~~122.89~~122.90 of the Revised Code to	4746
establish the minority development financing advisory board, and	4747
to invest it and the director of development with the powers and	4748
duties provided in sections 122.71 to ~~122.89~~122.90 of the Revised	4749
Code.	4750

(B) The minority development financing advisory board shall	4751
do all of the following:	4752

(1) Make recommendations to the director as to applications	4753
for assistance pursuant to sections 122.71 to ~~122.89~~122.90 of the	4754
Revised Code. The board may revise its recommendations to reflect	4755
any changes in the proposed assistance made by the director.	4756

(2) Advise the director in the administration of sections	4757
122.71 to ~~122.89~~122.90 of the Revised Code.	4758

(3) Adopt bylaws to govern the conduct of the business of the	4759
board.	4760

Sec. 122.74. (A)(1) The director of development shall do all	4761
of the following:	4762

~~(1)~~(a) Receive applications for assistance under sections	4763
122.71 to ~~122.89~~122.90 of the Revised Code, and, after processing	4764
but subject to division (A)(2) of this section, forward them to	4765
the minority development financing advisory board together with	4766
necessary supporting information;	4767

~~(2)~~(b) Receive the recommendations of the board and make a	4768
final determination whether to approve the application for	4769
assistance;	4770

~~(3)~~(c) Receive recommendations from a regional economic	4771
development entity for loans made under section 122.76 of the	4772
Revised Code and make a final determination, notwithstanding	4773
divisions (A)(1) and (2) of this section, whether to approve the	4774
proposed loan;	4775

(d) Transmit the director's determinations to approve	4776
assistance to the controlling board together with any information	4777
the controlling board requires for its review and decision as to	4778
whether to approve the assistance.	4779

(2) The director is not required to submit any determination,	4780
data, terms, or any other application materials or information to	4781
the minority development financing advisory board when provision	4782
of the assistance has been recommended to the director by a	4783
regional economic development entity.	4784

(B) The director may do all of the following:

4785

(1) Fix the rate of interest and charges to be made upon or	4786
with respect to moneys loaned or guaranteed by the director and	4787
the terms upon which mortgages and lease rentals may be guaranteed	4788
and the rates of charges to be made for them and make provisions	4789
for the operation of the funds established by the director in	4790
accordance with this section and sections 122.80 ~~and~~, 122.88, and	4791
122.90 of the Revised Code;	4792

(2) Loan and guarantee moneys from the fund established in	4793
accordance with section 122.80 of the Revised Code pursuant to and	4794
in compliance with sections 122.71 to ~~122.89~~122.90 of the Revised	4795
Code.	4796

(3) Acquire in the name of the director any property of any	4797
kind or character in accordance with sections 122.71 to ~~122.89~~	4798
122.90 of the Revised Code, by purchase, purchase at foreclosure,	4799
or exchange on such terms and in such manner as the director	4800
considers proper;	4801

(4) Make and enter into all contracts and agreements	4802
necessary or incidental to the performance of the director's	4803
duties and the exercise of the director's powers under sections	4804
122.71 to ~~122.89~~122.90 of the Revised Code;	4805

(5) Maintain, protect, repair, improve, and insure any	4806
property that the director has acquired and dispose of it by sale,	4807
exchange, or lease for the consideration and on the terms and in	4808
the manner as the director considers proper, but the director	4809
shall not operate any such property as a business except as the	4810
lessor of it;	4811

(6)(a) When the cost of any contract for the maintenance,	4812
protection, repair, or improvement of any property held by the	4813
director, other than compensation for personal services, involves	4814
an expenditure of more than fifty thousand dollars, the director	4815
shall make a written contract with the lowest responsive and	4816
responsible bidder in accordance with section 9.312 of the Revised	4817
Code after advertisement for not less than two consecutive weeks	4818
in a newspaper of general circulation in the county where such	4819
contract, or some substantial part of it, is to be performed, and	4820
in such other publications as the director determines, which	4821
notice shall state the general character of the work and the	4822
general character of the materials to be furnished, the place	4823
where plans and specifications therefor may be examined, and the	4824
time and place of receiving bids.	4825

(b) Each bid for a contract for the construction, demolition,	4826
alteration, repair, or reconstruction of an improvement shall	4827
contain the full name of every person interested in it and meet	4828
the requirements of section 153.54 of the Revised Code.	4829

(c) Each bid for a contract, except as provided in division	4830
(B)(6)(b) of this section, shall contain the full name of every	4831
person interested in it and shall be accompanied by bond or	4832
certified check on a solvent bank, in such amount as the director	4833
considers sufficient, that if the bid is accepted a contract will	4834
be entered into and the performance of the proposal secured.	4835

(d) The director may reject any and all bids.

4836

(e) A bond with good and sufficient surety, approved by the	4837
director, shall be required of every contractor awarded a contract	4838
except as provided in division (B)(6)(b) of this section, in an	4839
amount equal to at least fifty per cent of the contract price,	4840
conditioned upon faithful performance of the contract.	4841

(7) Employ or contract with financial consultants,	4842
appraisers, consulting engineers, superintendents, managers,	4843
construction and accounting experts, attorneys, and other	4844
employees and agents as are necessary in the director's judgment	4845
and fix their compensation;	4846

(8) Receive and accept grants, gifts, and contributions of	4847
money, property, labor, and other things of value to be held,	4848
used, and applied only for the purpose for which ~~such~~the grants,	4849
gifts, and contributions are made, from individuals, private and	4850
public corporations, from the United States or any agency thereof,	4851
from the state or any agency thereof, and from any political	4852
subdivision of the state, and may agree to repay any contribution	4853
of money or to return any property contributed or the value	4854
thereof at such times, in ~~such~~ amounts, and on ~~such~~ terms and	4855
conditions, excluding the payment of interest, as the director	4856
determines at the time ~~such~~the contribution is made, and may	4857
evidence ~~such~~the obligations by notes, bonds, or other written	4858
instruments;	4859

(9) Establish with the treasurer of state the funds provided	4860
in sections 122.80 and 122.88 of the Revised Code in addition to	4861
such funds as the director determines are necessary or proper;	4862

(10) Adopt rules under Chapter 119. of the Revised Code	4863
necessary to implement sections 122.71 to ~~122.83~~122.90 of the	4864
Revised Code.	4865

(11) Do all acts and things necessary or proper to carry out	4866
the powers expressly granted and the duties imposed in sections	4867
122.71 to ~~122.89~~122.90 of the Revised Code.	4868

(C)(1) All expenses and obligations incurred by the director	4869
in carrying out the director's powers and in exercising the	4870
director's duties under sections 122.71 to ~~122.89~~122.90 of the	4871
Revised Code shall be payable solely from revenues or other	4872
receipts or income of the director, from grants, gifts, and	4873
contributions, or funds established in accordance with such	4874
sections. Such sections do not authorize the director to incur	4875
indebtedness or to impose liability on the state or any political	4876
subdivision of the state.	4877

(2) Financial statements and other data submitted to the	4878
director by any corporation, partnership, or person in connection	4879
with financial assistance provided under sections 122.71 to ~~122.89~~	4880
122.90 of the Revised Code, or any information taken from such	4881
statements or data for any purpose, shall not be open to public	4882
inspection.	4883

Sec. 122.75. The director of development shall, for the	4884
minority business development loan program ~~and~~, the minority	4885
business bonding program, and the minority business bond guarantee	4886
program under sections 122.87 to ~~122.89~~122.90 of the Revised	4887
Code, do all of the following:	4888

(A) Hire employees, consultants, and agents and fix their	4889
compensation;	4890

(B) Adopt bylaws and rules for the regulation of the business	4891
of the minority development financing advisory board;	4892

(C) Receive and accept grants, gifts, and contributions of	4893
money, property, labor, and other things of value, to be held,	4894
used, and applied only for the purpose for which the grants,	4895
gifts, and contributions are made, from individuals, private and	4896
public corporations, the United States or any agency of the United	4897
States, the state or any agency of the state, and any political	4898
subdivision of the state. The director may agree to repay any	4899
contribution of money or to return any property contributed or its	4900
value at such times, in ~~such~~ amounts, and on ~~such~~ terms and	4901
conditions, excluding the payment of interest, as the director	4902
determines at the time the contribution is made. The director may	4903
evidence the obligations by written contracts, subject to section	4904
122.76 of the Revised Code; provided, that the director shall not	4905
thereby incur indebtedness of or impose liability upon the state	4906
or any political subdivision.	4907

(D) Establish funds with the treasurer of state in addition	4908
to the minority business bonding fund created under section 122.88	4909
of the Revised Code;	4910

(E) Invest money in the funds the director establishes	4911
pursuant to division (D) of this section that is in excess of	4912
current needs, in notes, bonds, or other obligations that are	4913
direct obligations of or are guaranteed by the United States, or	4914
in certificates of deposit or withdrawable accounts of banks,	4915
trust companies, ~~and~~or savings and loan associations organized	4916
under the laws of this state or the United States, and may credit	4917
the income or sell the investments at the director's discretion;	4918

(F) Acquire any property of any kind or character in	4919
accordance with sections 122.71 to 122.83 of the Revised Code, by	4920
purchase, purchase at foreclosure, or exchange on terms and in a	4921
manner the director considers proper;	4922

(G)(1) Maintain, protect, repair, improve, and insure any	4923
property the director has acquired and dispose of it by sale,	4924
exchange, or lease for the consideration and on terms and in a	4925
manner the director considers proper. The director may not operate	4926
any property as a business except as a lessor of the property.	4927
When the cost of any contract for the maintenance, protection,	4928
repair, or improvement of any property of the advisory board	4929
connected with the minority business development loan program,	4930
other than compensation for personal services, involves an	4931
expenditure of more than one thousand dollars, the director shall	4932
enter into a written contract with the lowest and best bidder	4933
after advertisement for not less than four consecutive weeks in a	4934
newspaper of general circulation in the county where the contract,	4935
or some substantial part of it, is to be performed, and in other	4936
publications as the director determines. The notice shall state	4937
the general character of the work and the general character of the	4938
materials to be furnished, the place where plans and	4939
specifications for the work and materials may be examined, and the	4940
time and place of receiving bids.	4941

(2) Each bid for a contract for the construction, demolition,	4942
alteration, repair, or reconstruction of an improvement shall	4943
contain the full name of every person interested in it and meet	4944
the requirements of section 153.54 of the Revised Code.	4945

(3) Each bid for a contract, except as provided in division	4946
(G)(2) of this section, shall contain the full name of every	4947
person interested in it and shall be accompanied by a bond or	4948
certified check on a solvent bank, in the amount of ten per cent	4949
of the bid, that if the bid is accepted a contract will be entered	4950
into and the performance of its proposal secured. The director may	4951
reject any or all bids. A bond with good and sufficient surety,	4952
approved by the director, shall be required of all contractors in	4953
an amount equal to at least one hundred per cent of the contract	4954
price, conditioned upon faithful performance of the contract.	4955

(H) Expend money appropriated to the department of	4956
development by the general assembly for the purposes of sections	4957
122.71 to 122.83 and 122.87 to ~~122.89~~122.90 of the Revised Code;	4958

(I) Do all acts and things necessary or proper to carry out	4959
the powers expressly granted and the duties imposed in sections	4960
122.71 to 122.83 and 122.87 to ~~122.89~~122.90 of the Revised Code.	4961

Sec. 122.751. The minority development financing advisory	4962
board or a regional economic development entity shall only	4963
consider an application for a loan from any applicant after a	4964
certification by the equal employment opportunity coordinator of	4965
the department of administrative services under division (B)(1) of	4966
section 123.151 of the Revised Code that the applicant is a	4967
minority business enterprise, or after a certification by the	4968
minority business supplier development council that the applicant	4969
is a minority business, and that the applicant satisfies all	4970
criteria regarding eligibility for assistance pursuant to section	4971
122.76 of the Revised Code.	4972

Sec. 122.76. (A) The director of development, with	4973
controlling board approval, may lend funds to minority business	4974
enterprises and to community improvement corporations, Ohio	4975
development corporations, minority contractors business assistance	4976
organizations, and minority business supplier development councils	4977
for the purpose of loaning funds to minority business enterprises	4978
and for the purpose of procuring or improving real or personal	4979
property, or both, for the establishment, location, or expansion	4980
of industrial, distribution, commercial, or research facilities in	4981
the state, if the director determines, in the director's sole	4982
discretion, that all of the following apply:	4983

(1) The project is economically sound and will benefit the	4984
people of the state by increasing opportunities for employment, by	4985
strengthening the economy of the state, or expanding minority	4986
business enterprises.	4987

(2) The proposed minority business enterprise borrower is	4988
unable to finance the proposed project through ordinary financial	4989
channels at comparable terms.	4990

(3) The value of the project is or, upon completion, will be	4991
at least equal to the total amount of the money expended in the	4992
procurement or improvement of the project, and one or more	4993
financial institutions or other governmental entities have loaned	4994
not less than thirty per cent of that amount.	4995

(4) The amount to be loaned by the director will not exceed	4996
sixty per cent of the total amount expended in the procurement or	4997
improvement of the project.	4998

(5) The amount to be loaned by the director will be	4999
adequately secured by a first or second mortgage upon the project	5000
or by mortgages, leases, liens, assignments, or pledges on or of	5001
other property or contracts as the director requires, and such	5002
mortgage will not be subordinate to any other liens or mortgages	5003
except the liens securing loans or investments made by financial	5004
institutions referred to in division (A)(3) of this section, and	5005
the liens securing loans previously made by any financial	5006
institution in connection with the procurement or expansion of all	5007
or part of a project.	5008

(B) Any proposed minority business enterprise borrower	5009
submitting an application for assistance under this section shall	5010
not have defaulted on a previous loan from the director, and no	5011
full or limited partner, major shareholder, or holder of an equity	5012
interest of the proposed minority business enterprise borrower	5013
shall have defaulted on a loan from the director.	5014

(C) The proposed minority business enterprise borrower shall	5015
demonstrate to the satisfaction of the director that it is able to	5016
successfully compete in the private sector if it obtains the	5017
necessary financial, technical, or managerial support and that	5018
support is available through the director, the minority business	5019
development office of the department of development, or other	5020
identified and acceptable sources. In determining whether a	5021
minority business enterprise borrower will be able to successfully	5022
compete, the director may give consideration to such factors as	5023
the successful completion of or participation in courses of study,	5024
recognized by the board of regents as providing financial,	5025
technical, or managerial skills related to the operation of the	5026
business, by the economically disadvantaged individual, owner, or	5027
partner, and the prior success of the individual, owner, or	5028
partner in personal, career, or business activities, as well as to	5029
other factors identified by the director.	5030

(D) The director shall not lend funds for the purpose of	5031
procuring or improving motor vehicles~~, power-driven vehicles,~~	5032
~~office equipment, raw materials, small tools, supplies,~~	5033
~~inventories,~~ or accounts receivable.	5034

Sec. 122.77. (A) The director of development with	5035
controlling board approval may make loan guarantees to small	5036
businesses and corporations for the purpose of guaranteeing loans	5037
made to small businesses by financial institutions for the purpose	5038
of procuring or improving real or personal property, or both, for	5039
the establishment, location, or expansion of industrial,	5040
distribution, commercial, or research facilities in the state, if	5041
the director determines, in ~~his~~the director's sole discretion,	5042
that all of the following apply:	5043

(1) The project is economically sound and will benefit the	5044
people of the state by increasing opportunities for employment, by	5045
strengthening the economy of the state, or expanding minority	5046
business enterprises;.	5047

(2) The proposed small business borrower is unable to finance	5048
the proposed project through ordinary financial channels at	5049
comparable terms;.	5050

(3) The value of the project is, or upon completion of it	5051
will be, at least equal to the total amount of the money expended	5052
in the procurement or improvement of the project and of which	5053
amount one or more financial institutions or other governmental	5054
entities have loaned not less than thirty per cent;.	5055

(4) The amount to be guaranteed by the director will not	5056
exceed ~~fifty~~eighty per cent of the total amount expended in the	5057
procurement or improvement of the project;.	5058

(5) The amount to be guaranteed by the director will be	5059
adequately secured by a first or second mortgage upon the project,	5060
or by mortgages, leases, liens, assignments, or pledges on or of	5061
other property or contracts as the director shall require and that	5062
such mortgage will not be subordinate to any other liens or	5063
mortgages except the liens securing loans or investments made by	5064
financial institutions referred to in division (A)(3) of this	5065
section, and the liens securing loans previously made by any	5066
financial institution in connection with the procurement or	5067
expansion of all or part of a project.	5068

(B) The proposed small business borrower shall not have	5069
defaulted on a previous loan or guarantee from the director, and	5070
no full or limited partner, or major shareholder, or holder of any	5071
equity interest of the proposed minority business enterprise	5072
borrower shall have defaulted on a loan or guarantee from the	5073
director.	5074

(C) The proposed small business borrower shall demonstrate to	5075
the satisfaction of the director that it is able to successfully	5076
compete in the private sector if it obtains the necessary	5077
financial, technical, or managerial support and that support is	5078
available through the director, the minority business development	5079
office of the department of development, or other identified and	5080
acceptable sources. In determining whether a small business	5081
borrower will be able to successfully compete, the director may	5082
give consideration to such factors as the successful completion of	5083
or participation in courses of study, recognized by the board of	5084
regents as providing financial, technical, or managerial skills	5085
related to the operation of the business, by the economically	5086
disadvantaged individual, owner, or partner, and the prior success	5087
of the individual, owner, or partner in personal, career, or	5088
business activities, as well as to other factors identified by the	5089
director.	5090

(D) The director shall not guarantee funds for the purpose of	5091
procuring or improving motor vehicles~~, power driven vehicles,~~	5092
~~office equipment, raw materials, small tools, supplies,~~	5093
~~inventories,~~ or accounts receivable.	5094

Sec. 122.78. Fees, charges, rates of interest, times of	5095
payment of interest and principal, and other terms, conditions,	5096
and provisions of the loans and guarantees made by the director of	5097
development pursuant to sections 122.71 to ~~122.89~~122.90 of the	5098
Revised Code shall be such as the director determines to be	5099
appropriate and in furtherance of the purpose for which the loans	5100
and guarantees are made, but the mortgage lien securing any money	5101
loaned or guaranteed by the director may be subordinate to the	5102
mortgage lien securing any money loaned or invested by a financial	5103
institution, but shall be superior to that securing any money	5104
loaned or expended by any other corporation or person. The funds	5105
used in making these loans or guarantees shall be disbursed upon	5106
order of the director.	5107

Sec. 122.79. The exercise of the powers granted by sections	5108
122.71 to ~~122.89~~122.90 of the Revised Code, will be in all	5109
respects for the benefit of the people of the state, for the	5110
increase of their commerce and prosperity, for the increase and	5111
expansion of minority business enterprises, and for the	5112
improvement of conditions of employment, and will constitute the	5113
performance of essential governmental functions; therefore, the	5114
director of development shall not be required to pay any taxes	5115
upon any property or assets held by ~~him~~the director, or upon any	5116
property acquired or used by ~~him~~the director under sections	5117
122.71 to ~~122.89~~122.90 of the Revised Code, or upon the income	5118
from it, provided that this exemption shall not apply to any	5119
property held by the director while it is in the possession of a	5120
private person, partnership, or corporation and used for private	5121
purposes for profit, in which case such tax liability shall accrue	5122
to ~~such~~the private person, partnership, or corporation.	5123

Sec. 122.82. All moneys, funds, properties, and assets	5124
acquired by the director of development shall be held by ~~him~~the	5125
director in trust to carry out ~~his~~the director's powers and	5126
duties, shall be used as provided in sections 122.71 to ~~122.89~~	5127
122.90 of the Revised Code, and shall at no time be part of other	5128
public funds.	5129

Sec. 122.83. Any person who intentionally misrepresents that	5130
person's self as owning, controlling, operating, or participating	5131
in a minority business enterprise for the purpose of obtaining	5132
funds, contracts, subcontracts, services, or any other benefits	5133
under sections 122.71 to 122.85 or 122.87 to ~~122.89~~122.90 of the	5134
Revised Code is guilty of theft by deception, pursuant to section	5135
2913.02 of the Revised Code.	5136

Sec. 123.152. (A) As used in this section, "EDGE business	5137
enterprise" means a sole proprietorship, association, partnership,	5138
corporation, limited liability corporation, or joint venture	5139
certified as a participant in the encouraging diversity, growth,	5140
and equity program by the director of administrative services	5141
under this section of the Revised Code.	5142

(B) The director of administrative services shall establish a	5143
business assistance program known as the encouraging diversity,	5144
growth, and equity program and shall adopt rules in accordance	5145
with Chapter 119. of the Revised Code to administer the program	5146
~~and~~ that do all of the following:	5147

(1) Establish procedures by which a sole proprietorship,	5148
association, partnership, corporation, limited liability	5149
corporation, or joint venture may apply for certification as an	5150
EDGE business enterprise;	5151

(2) ~~Establish~~Except as provided in division (B)(14) of this	5152
section, establish agency procurement goals for contracting with	5153
EDGE business enterprises in the award of contracts under Chapters	5154
123., 125., and 153. of the Revised Code based on the availability	5155
of eligible program participants by region or geographic area, as	5156
determined by the director, and by standard industrial code or	5157
equivalent code classification.	5158

(a) Goals established under division (B)(2) of this section	5159
shall be based on a percentage level of participation and a	5160
percentage of contractor availability.	5161

(b) Goals established under division (B)(2) of this section	5162
shall be applied at the contract level, relative to an overall	5163
dollar goal for each state agency, in accordance with the	5164
following certification categories: construction, architecture,	5165
and engineering; professional services; goods and services; and	5166
information technology services.	5167

(3) Establish a system of certifying EDGE business	5168
enterprises based on a requirement that the business owner or	5169
owners show both social and economic disadvantage based on the	5170
following, as determined to be sufficient by the director:	5171

(a) Relative wealth of the business seeking certification as	5172
well as the personal wealth of the owner or owners of the	5173
business;	5174

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

5175

(i) A rebuttable presumption when the business owner or	5176
owners demonstrate membership in a racial minority group or show	5177
personal disadvantage due to color, ethnic origin, gender,	5178
physical disability, long-term residence in an environment	5179
isolated from the mainstream of American society, location in an	5180
area of high unemployment;	5181

(ii) Some other demonstration of personal disadvantage not	5182
common to other small businesses;	5183

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

5184

(c) Economic disadvantage based on economic and business size	5185
thresholds and eligibility criteria designed to stimulate economic	5186
development through contract awards to businesses located in	5187
qualified census tracts.	5188

(4) Establish standards to determine when an EDGE business	5189
enterprise no longer qualifies for EDGE business enterprise	5190
certification;	5191

(5) Develop a process for evaluating and adjusting goals	5192
established by this section to determine what adjustments are	5193
necessary to achieve participation goals established by the	5194
director;	5195

(6) Establish a point system or comparable system to evaluate	5196
bid proposals to encourage EDGE business enterprises to	5197
participate in the procurement of professional design and	5198
information technology services;	5199

(7) Establish a system to track data and analyze each	5200
certification category established under division (B)(2)(b) of	5201
this section;	5202

(8) Establish a process to mediate complaints and to review	5203
EDGE business enterprise certification appeals;	5204

(9) Implement an outreach program to educate potential	5205
participants about the encouraging diversity, growth, and equity	5206
program;	5207

(10) Establish a system to assist state agencies in	5208
identifying and utilizing EDGE business enterprises in their	5209
contracting processes;	5210

(11) Implement a system of self-reporting by EDGE business	5211
enterprises as well as an on-site inspection process to validate	5212
the qualifications of an EDGE business enterprise;	5213

(12) Establish a waiver mechanism to waive program goals or	5214
participation requirements for those companies that, despite their	5215
best-documented efforts, are unable to contract with certified	5216
EDGE business enterprises;	5217

(13) Establish a process for monitoring overall program	5218
compliance in which equal employment opportunity officers	5219
primarily are responsible for monitoring their respective	5220
agencies;	5221

(14) Establish guidelines for state universities as defined	5222
in section 3345.011 of the Revised Code and the Ohio school	5223
facilities commission created in section 3318.30 of the Revised	5224
Code for awarding contracts pursuant to Chapters 153., 3318., and	5225
3345. of the Revised Code to allow the universities and commission	5226
to establish agency procurement goals for contracting with EDGE	5227
business enterprises.	5228

(C) ~~Not later than December 31, 2003, the director of~~	5229
~~administrative services shall prepare a detailed report to the~~	5230
~~governor outlining and evaluating the progress made in~~	5231
~~implementing the~~Business and personal financial information and	5232
trade secrets submitted by encouraging diversity, growth, and	5233
equity program applicants to the director pursuant to this section	5234
are not public records for purposes of section 149.43 of the	5235
Revised Code, unless the director presents the financial	5236
information or trade secrets at a public hearing or public	5237
proceeding regarding the applicant's eligibility to participate in	5238
the program.	5239

Sec. 123.17. (A) As used in this section, "institution of	5240
higher education" means a state university or college, as defined	5241
in section 3345.12 of the Revised Code, or a state community	5242
college.	5243

(B) ~~The~~Not later than December 30, 2005, the state architect	5244
shall establish a local administration competency certification	5245
program to certify institutions of higher education to administer	5246
capital facilities projects pursuant to section 3345.51 of the	5247
Revised Code without the supervision, control, or approval of the	5248
department of administrative services. The program shall offer	5249
instruction in the administration of capital facilities projects	5250
for employees of institutions of higher education who are	5251
responsible for such administration and who are selected by their	5252
employing institutions to participate in the program.	5253

(C) The program shall provide instruction about the	5254
provisions of Chapters 9., 123., and 153. of the Revised Code and	5255
any rules or policies adopted by the department regarding the	5256
planning, design, and construction of capital facilities,	5257
including all of the following:	5258

(1) The planning, design, and construction process;

5259

(2) Contract requirements;

5260

(3) Construction management;

5261

(4) Project management.

5262

(D) The state architect shall award local administration	5263
competency certification to any institution of higher education if	5264
all of the following apply:	5265

(1) The institution applied for certification on a form and	5266
in a manner prescribed by the state architect.	5267

(2) The state architect determines that a sufficient number	5268
of the institution's employees, representing a sufficient number	5269
of employee classifications, responsible for the administration of	5270
capital facilities projects ~~has~~have successfully completed the	5271
certification program to ensure that any capital facilities	5272
project undertaken by the institution will be administered	5273
successfully and in accordance with all provisions of the Revised	5274
Code, and the board of trustees of the institution provides	5275
written assurance to the state architect that the institution will	5276
select new employees to participate in the certification program	5277
as necessary to compensate for employee turnover.	5278

(3) The state architect determines that the employees of the	5279
institution enrolled in the program demonstrate successful	5280
completion of the competency certification training and a	5281
satisfactory level of knowledge of and competency in the	5282
requirements for administering capital facilities projects.	5283

(4) The institution pays the fee prescribed by division	5284
~~(E)~~(F) of this section.	5285

(5) The board of trustees of the institution provides written	5286
assurance to the state architect that the institution will conduct	5287
biennial audits of the institution's administration of capital	5288
facilities projects in accordance with division (C) of section	5289
3345.51 of the Revised Code.	5290

(6) The board of trustees of the institution agrees in	5291
writing to indemnify and hold harmless the state and the	5292
department for any claim of injury, loss, or damage that results	5293
from the institution's administration of a capital facilities	5294
project.	5295

(E) Local administration competency certification granted	5296
under this section shall remain in effect for as long as the state	5297
architect determines that both of the following apply:	5298

(1) The institution of higher education maintains a	5299
sufficient number of employees responsible for the administration	5300
of capital facilities projects who have successfully completed the	5301
certification program and have demonstrated a satisfactory level	5302
of knowledge of and competency in the requirements for	5303
administering capital facilities projects;	5304

(2) The institution is performing the biennial audits	5305
prescribed in division (C) of section 3345.51 of the Revised Code.	5306

If the state architect determines that an institution of	5307
higher education has failed to comply with the conditions of	5308
division (E)(1) or (2) of this section, the state architect shall	5309
revoke the institution's certification and shall notify the board	5310
of trustees of the institution in writing of the revocation.	5311

(F) The state architect shall establish, subject to the	5313
approval of the director of budget and management, the amount of	5314
the fee required to be paid by any institution of higher education	5315
that seeks certification under this section. The amount of the	5316
fees shall be set to cover the costs to implement this section,	5317
including the costs for materials and the competency certification	5318
training sessions. Any fees received under this section shall be	5319
paid into the state treasury to the credit of the state	5320
architect's fund established under section 123.10 of the Revised	5321
Code.	5322

~~(F)~~(G) Nothing in this section shall prohibit an institution	5323
that administers a capital facilities project under section	5324
3345.51 of the Revised Code from requesting guidance or other	5325
services from the department of administrative services.	5326

Sec. 125.041. Nothing in sections 125.02, 125.03 to 125.08,	5327
125.12 to 125.16, 125.18, 125.31 to 125.76, or 125.831 of the	5328
Revised Code shall be construed as limiting the attorney general,	5329
auditor of state, secretary of state, or treasurer of state in any	5330
of the following:	5331

(A) Purchases for less than the dollar amounts for the	5332
purchase of supplies or services determined pursuant to division	5333
(D) of section 125.05 of the Revised Code;	5334

(B) Purchases that equal or exceed the dollar amounts for the	5335
purchase of supplies or services determined pursuant to division	5336
(D) of section 125.05 of the Revised Code with the approval of the	5337
controlling board, if that approval is required by section 127.16	5338
of the Revised Code;	5339

(C) The final determination of the nature or quantity making	5340
any purchase of supplies or services to be purchased pursuant to	5341
section 125.06 of the Revised Code;	5342

(D) The final determination and disposal of excess and	5343
surplus supplies;	5344

(E) The inventory of state property;

5345

(F) The purchase of printing;

5346

(G) ~~The~~Activities related to information technology	5347
development and use;	5348

(H) The fleet management program.

5349

Sec. 125.05. Except as provided in division (E) of this	5350
section, no state agency shall purchase any supplies or services	5351
except as provided in divisions (A) to (C) of this section.	5352

(A) Subject to division (D) of this section, a state agency	5353
may, without competitive selection, make any purchase of services	5354
that cost fifty thousand dollars or less or any purchase of	5355
supplies that cost twenty-five thousand dollars or less. The	5356
agency may make the purchase directly or may make the purchase	5357
from or through the department of administrative services,	5358
whichever the agency determines. The department shall establish	5359
written procedures to assist state agencies when they make direct	5360
purchases. If the agency makes the purchase directly, it shall	5361
make the purchase by a term contract whenever possible.	5362

(B) Subject to division (D) of this section, a state agency	5363
wanting to purchase services that cost more than fifty thousand	5364
dollars or supplies that cost more than twenty-five thousand	5365
dollars shall, unless otherwise authorized by law, make the	5366
purchase from or through the department. The department shall make	5367
the purchase by competitive selection under section 125.07 of the	5368
Revised Code. If the director of administrative services	5369
determines that it is not possible or not advantageous to the	5370
state for the department to make the purchase, the department	5371
shall grant the agency a release and permit under section 125.06	5372
of the Revised Code to make the purchase. Section 127.16 of the	5373
Revised Code does not apply to purchases the department makes	5374
under this section.	5375

(C) An agency that has been granted a release and permit to	5376
make a purchase may make the purchase without competitive	5377
selection if after making the purchase the cumulative purchase	5378
threshold as computed under division (F) of section 127.16 of the	5379
Revised Code would:	5380

(1) Be exceeded and the controlling board approves the	5381
purchase;	5382

(2) Not be exceeded and the department of administrative	5383
services approves the purchase.	5384

(D) Not later than January 31, 1997, the amounts specified in	5385
divisions (A) and (B) of this section and, not later than the	5386
thirty-first day of January of each second year thereafter, any	5387
amounts computed by adjustments made under this division, shall be	5388
increased or decreased by the average percentage increase or	5389
decrease in the consumer price index prepared by the United States	5390
bureau of labor statistics (U.S. City Average for Urban Wage	5391
Earners and Clerical Workers: "All Items 1982-1984=100") for the	5392
twenty-four calendar month period prior to the immediately	5393
preceding first day of January over the immediately preceding	5394
twenty-four calendar month period, as reported by the bureau. The	5395
director of administrative services shall make this determination	5396
and adjust the appropriate amounts accordingly.	5397

(E) If ~~the Ohio SchoolNet commission,~~ the department of	5398
education, or the Ohio education computer network, or the agency	5399
designated by the governor to assume the functions of the Ohio	5400
SchoolNet commission determines that it can purchase software	5401
services or supplies for specified school districts at a price	5402
less than the price for which the districts could purchase the	5403
same software services or supplies for themselves, the ~~office,~~	5404
department, or network, or agency shall certify that fact to the	5405
department of administrative services and, acting as an agent for	5406
the specified school districts, shall make that purchase without	5407
following the provisions in divisions (A) to (D) of this section.	5408

Sec. 125.18. (A) There is hereby established the office of	5409
information technology in the department of administrative	5410
services. The office shall be under the supervision of a chief	5411
information officer to be appointed by the governor and subject to	5412
removal at the pleasure of the governor. The chief information	5413
officer shall serve as the director of the office.	5414

(B) The director of the office of information technology	5415
shall advise the governor regarding the superintendence and	5416
implementation of statewide information technology policy.	5417

(C) The director of the office of information technology	5418
shall lead, oversee, and direct state agency activities related to	5419
information technology development and use. In that regard, the	5420
director shall do all of the following:	5421

(1) Coordinate and superintend statewide efforts to promote	5422
common use and development of technology by multiple state	5423
agencies. The office of information technology relatedly shall	5424
establish policies and standards that govern and direct state	5425
agency participation in statewide programs and initiatives.	5426

(2) Establish policies and standards for the acquisition and	5427
use of information technology by state agencies, including, but	5428
not limited to, hardware, software, technology services, and	5429
security, with which state agencies shall comply;	5430

(3) Establish criteria and review processes to identify state	5431
agency information technology projects that require alignment or	5432
oversight. As appropriate, the office of information technology	5433
shall provide the governor and the director of budget and	5434
management with notice and advice regarding the appropriate	5435
allocation of resources for those projects. The director of the	5436
office of information technology may require state agencies to	5437
provide, and may prescribe the form and manner by which they must	5438
provide, information to fulfill the director's alignment and	5439
oversight role.	5440

(D) The office of information technology may make contracts	5441
for, operate, and superintend technology services for state	5442
agencies in accordance with this chapter.	5443

(E) The office of information technology may establish	5444
cooperative agreements with federal and local government agencies	5445
and state agencies that are not under the authority of the	5446
governor for the provision of technology services and the	5447
development of technology projects.	5448

(F) As used in this section, "state agency" means every	5449
organized body, office, or agency established by the laws of the	5450
state for the exercise of any function of state government, other	5451
than any state-supported institution of higher education, the	5452
office of the auditor of state, treasurer of state, secretary of	5453
state, or attorney general, the general assembly or any	5454
legislative agency, or the courts or any judicial agency.	5455

Sec. 125.831. As used in sections 125.831 to 125.833 of the	5456
Revised Code:	5457

(A) "Law enforcement officer" means an officer, agent, or	5458
employee of a state agency upon whom, by statute, a duty to	5459
conserve the peace or to enforce all or certain laws is imposed	5460
and the authority to arrest violators is conferred, within the	5461
limits of that statutory duty and authority, but does not include	5462
such an officer, agent, or employee if that duty and authority is	5463
location specific.	5464

(B)(1) "Motor vehicle" means any automobile, car minivan,	5465
cargo van, passenger van, sport utility vehicle, or pickup truck	5466
with a gross vehicle weight of under twelve thousand pounds.	5467

(2) "Motor vehicle" does not include, except for the purposes	5468
of division (C) of section 125.832 of the Revised Code, any	5469
vehicle described in division (B)(1) of this section that is used	5470
by a law enforcement officer and law enforcement agency or any	5471
vehicle that is so described and that is equipped with specialized	5472
equipment that is not normally found in such a vehicle and that is	5473
used to carry out a state agency's specific and specialized duties	5474
and responsibilities.	5475

(C) "Specialized equipment" does not include standard mobile	5476
radios with no capabilities other than voice communication,	5477
exterior and interior lights, or roof-mounted caution lights.	5478

(D) "State agency" means every organized body, office, board,	5479
authority, commission, or agency established by the laws of the	5480
state for the exercise of any governmental or quasi-governmental	5481
function of state government regardless of the funding source for	5482
that entity, other than any ~~state-supported~~state institution of	5483
higher education, the office of the governor, lieutenant governor,	5484
auditor of state, treasurer of state, secretary of state, or	5485
attorney general, the general assembly or any legislative agency,	5486
or the courts or any judicial agency, or any state retirement	5487
system or retirement program established by or referenced in the	5488
Revised Code.	5489

(E) "State institution of higher education" has the same	5490
meaning as in section 3345.011 of the Revised Code.	5491

Sec. 125.832. (A) The department of administrative services	5492
is granted exclusive authority over the acquisition and management	5493
of all motor vehicles used by state agencies. In carrying out this	5494
authority, the department shall do both of the following:	5495

(1) Approve the purchase or lease of each motor vehicle for	5496
use by a state agency. The department shall decide if a motor	5497
vehicle shall be leased or purchased for that use.	5498

Except as otherwise provided in division (A)(1) of this	5499
section, on and after July 1, 2005, each state agency shall	5500
acquire all passenger motor vehicles under the department's master	5501
leasing program. If the department determines that acquisition	5502
under that program is not the most economical method and if the	5503
department and the state agency acquiring the passenger motor	5504
vehicle can provide economic justification for doing so, the	5505
department may approve the purchase, rather than the lease, of a	5506
passenger motor vehicle for the acquiring state agency.	5507

(2) Direct and approve all funds that are expended for the	5508
purchase, lease, repair, maintenance, registration, insuring, and	5509
other costs related to the possession and operation of motor	5510
vehicles for the use of state agencies.	5511

(B) The director of administrative services shall establish	5512
and operate a fleet management program. The director shall operate	5513
the program for purposes including, but not limited to,	5514
cost-effective acquisition, maintenance, management, analysis, and	5515
disposal of all motor vehicles owned or leased by the state. All	5516
state agencies shall comply with statewide fleet management	5517
policies and procedures established by the director for the	5518
program, including, but not limited to, motor vehicle assignments,	5519
additions of motor vehicles to fleets or motor vehicle	5520
replacements, motor vehicle fueling, and motor vehicle repairs.	5521

(C) The director shall establish and maintain a fleet	5522
reporting system and shall require state agencies to submit to the	5523
department information relative to state motor vehicles, including	5524
motor vehicles described in division (B)(2) of section 125.831 of	5525
the Revised Code, to be used in operating the fleet management	5526
program. State agencies shall provide to the department fleet data	5527
and other information, including, but not limited to, mileage and	5528
costs. The data and other information shall be submitted in	5529
formats and in a manner determined by the department.	5530

(D) All state agency purchases or leases of motor vehicles	5531
are subject to the prior approval of the director under division	5532
(A)(1) of this section.	5533

(E) State agencies that utilize state motor vehicles or pay	5534
mileage reimbursements to employees shall provide a fleet plan to	5535
the department as directed by the department.	5536

(F)(1) The fleets of state agencies that consist of one	5537
hundred or less vehicles on July 1, 2004, shall be managed by the	5538
department's fleet management program on a time schedule	5539
determined by the department, unless the state agency has received	5540
delegated authority as described in division (G) of this section.	5541

(2) The fleets of state agencies that consist of greater than	5542
one hundred motor vehicles, but less than five hundred motor	5543
vehicles, on July 1, 2005, also shall be managed by the	5544
department's fleet management program on a time schedule	5545
determined by the department, unless the state agency has received	5546
delegated authority as described in division (G) of this section.	5547

(G)(1) The department may delegate any or all of its duties	5548
regarding fleet management to a state agency, if the state agency	5549
demonstrates to the satisfaction of the department both of the	5550
following:	5551

(a) Capabilities to institute and manage a fleet management	5552
program, including, but not limited to, the presence of a	5553
certified fleet manager;	5554

(b) Fleet management performance, as demonstrated by fleet	5555
data and other information submitted pursuant to annual reporting	5556
requirements and any other criteria the department considers	5557
necessary in evaluating the performance.	5558

(2) The department may determine that a state agency is not	5559
in compliance with this section and direct that the agency's fleet	5560
management duties be transferred to the department.	5561

(H) The proceeds derived from the disposition of any motor	5562
vehicles under this section shall be paid to whichever of the	5563
following applies:	5564

(1) The fund that originally provided moneys for the purchase	5565
or lease of the motor vehicles;	5566

(2) If the motor vehicles were originally purchased with	5567
moneys derived from the general revenue fund, the proceeds shall	5568
be deposited, in the director's discretion, into the state	5569
treasury ~~for~~to the credit toof either the fleet management fund	5570
created by section 125.83 of the Revised Code or the investment	5571
recovery fund created by section 125.14 of the Revised Code.	5572

(I)(1) The department shall create and maintain a certified	5573
fleet manager program.	5574

(2) State agencies that have received delegated authority as	5575
described in division (G) of this section shall have a certified	5576
fleet manager.	5577

(J) The department annually shall prepare and submit a	5578
statewide fleet report to the governor, the speaker of the house	5579
of representatives, and the president of the senate. The report	5580
shall be submitted not later than the thirty-first day of January	5581
following the end of each fiscal year. It may include, but is not	5582
limited to, the numbers and types of motor vehicles, their	5583
mileage, miles per gallon, and cost per mile, mileage	5584
reimbursements, accident and insurance data, and information	5585
regarding compliance by state agencies having delegated authority	5586
under division (G) of this section with applicable fleet	5587
management requirements.	5588

(K) The director shall adopt rules for implementing the fleet	5589
management program that are consistent with recognized best	5590
practices. The program shall be supported by reasonable fee	5591
charges for the services provided. The director shall collect	5592
these fees and deposit them into the state treasury to the credit	5593
for the fleet management fund created by section 125.83 of the	5594
Revised Code. The setting and collection of fees under this	5595
division is not subject to any restriction imposed by law upon the	5596
director's or the department's authority to set or collect fees.	5597

(L) The director also shall adopt rules that prohibit, except	5598
in very limited circumstances, the exclusive assignment of	5599
state-owned, leased, or pooled motor vehicles to state employees	5600
and that prohibit the reimbursement under section 126.31 of the	5601
Revised Code of state employees who use their own motor vehicles	5602
for any mileage they incur above an amount that the department	5603
shall determine annually unless reimbursement for the excess	5604
mileage is approved by the department in accordance with standards	5605
for that approval the director shall establish in those rules.	5606
Beginning on ~~the effective date of this section~~September 26,	5607
2003, no ~~such~~state-owned, leased, or pooled motor vehicle shall	5608
be personally assigned as any form of compensation or benefit of	5609
state employment, and no ~~such~~state-owned, leased, or pooled motor	5610
vehicle shall be assigned to an employee solely for commuting to	5611
and from home and work.	5612

(M) The director shall do both of the following:

5613

(1) Implement to the greatest extent possible the	5614
recommendations from the 2002 report entitled "Administrative	5615
Analysis of the Ohio Fleet Management Program" in connection with	5616
the authority granted to the department by this section;	5617

(2) Attempt to reduce the number of passenger vehicles used	5618
by state agencies during the fiscal years ending on June 30, 2004,	5619
and June 30, 2005.	5620

(N) Each state agency shall reimburse the department for all	5621
costs incurred in the assignment of motor vehicles to the state	5622
agency.	5623

(O) The director shall do all of the following in managing	5624
the fleet management program:	5625

(1) Determine how motor vehicles will be maintained, insured,	5626
operated, financed, and licensed;	5627

(2) Pursuant to the formula in division (O)(3) of this	5628
section, annually establish the minimum number of business miles	5629
per year an employee of a state agency must drive in order to	5630
qualify for approval by the department to receive a motor vehicle	5631
for business use;	5632

(3) Establish the minimum number of business miles per year	5633
at an amount that results when the annual motor vehicle cost is	5634
divided by the amount that is the reimbursement rate per mile	5635
minus the amount that is the sum of the fuel cost, the operating	5636
cost, and the insurance cost. As used in this division:	5637

(a) "Annual motor vehicle cost" means the price of a motor	5638
vehicle divided by the number of years an average motor vehicle is	5639
used.	5640

(b) "Fuel cost" means the average price per gallon of motor	5641
fuel divided by the miles per gallon fuel efficiency of a motor	5642
vehicle.	5643

(c) "Insurance cost" means the cost of insuring a motor	5644
vehicle per year divided by the number of miles an average motor	5645
vehicle is driven per year.	5646

(d) "Operating cost" means the maintenance cost of a motor	5647
vehicle per year divided by the product resulting when the number	5648
of miles an average motor vehicle is driven per year is multiplied	5649
by the number of years an average motor vehicle is used.	5650

(e) "Reimbursement rate per mile" means the reimbursement per	5651
mile rate for travel expenses as provided by rule of the director	5652
of budget and management adopted under division (B) of section	5653
126.31 of the Revised Code.	5654

(P) Each state institution of higher education shall do all	5655
of the following relating to motor vehicles that the institution	5656
acquires and manages:	5657

(1) Use the department's vehicle fleet management software	5658
system to track the motor vehicles;	5659

(2) Use the department's fuel card program to purchase fuel	5660
for, or to pay for the maintenance of, the motor vehicles;	5661

(3) Make bulk fuel purchases for the motor vehicles under the	5662
department's contract for those purchases.	5663

Sec. 126.25. The accounting and budgeting services provided	5664
by the director of budget and management shall be supported by	5665
user charges. The director shall determine a rate that is	5666
sufficient to defray the expense of those services and the manner	5667
by which those charges shall be collected. All money collected	5668
from user charges shall be deposited in the state treasury to the	5669
credit of the ~~state~~ accounting and budgeting fund, which is hereby	5670
created. Rebates or revenue shares received from any state payment	5671
card program established under division (B) of section 126.21 of	5672
the Revised Code and miscellaneous payments that reimburse	5673
expenses paid from the ~~state~~ accounting and budgeting fund may be	5674
deposited into the ~~state~~ accounting and budgeting fund and used to	5675
support accounting and budgeting services.	5676

Sec. 127.16. (A) Upon the request of either a state agency	5677
or the director of budget and management and after the controlling	5678
board determines that an emergency or a sufficient economic reason	5679
exists, the controlling board may approve the making of a purchase	5680
without competitive selection as provided in division (B) of this	5681
section.	5682

(B) Except as otherwise provided in this section, no state	5683
agency, using money that has been appropriated to it directly,	5684
shall:	5685

(1) Make any purchase from a particular supplier, that would	5686
amount to fifty thousand dollars or more when combined with both	5687
the amount of all disbursements to the supplier during the fiscal	5688
year for purchases made by the agency and the amount of all	5689
outstanding encumbrances for purchases made by the agency from the	5690
supplier, unless the purchase is made by competitive selection or	5691
with the approval of the controlling board;	5692

(2) Lease real estate from a particular supplier, if the	5693
lease would amount to seventy-five thousand dollars or more when	5694
combined with both the amount of all disbursements to the supplier	5695
during the fiscal year for real estate leases made by the agency	5696
and the amount of all outstanding encumbrances for real estate	5697
leases made by the agency from the supplier, unless the lease is	5698
made by competitive selection or with the approval of the	5699
controlling board.	5700

(C) Any person who authorizes a purchase in violation of	5701
division (B) of this section shall be liable to the state for any	5702
state funds spent on the purchase, and the attorney general shall	5703
collect the amount from the person.	5704

(D) Nothing in division (B) of this section shall be	5705
construed as:	5706

(1) A limitation upon the authority of the director of	5707
transportation as granted in sections 5501.17, 5517.02, and	5708
5525.14 of the Revised Code;	5709

(2) Applying to medicaid provider agreements under Chapter	5710
5111. of the Revised Code ~~or payments or provider agreements under~~	5711
~~the disability medical assistance program established under~~	5712
~~Chapter 5115. of the Revised Code~~;	5713

(3) Applying to the purchase of examinations from a sole	5714
supplier by a state licensing board under Title XLVII of the	5715
Revised Code;	5716

(4) Applying to entertainment contracts for the Ohio state	5717
fair entered into by the Ohio expositions commission, provided	5718
that the controlling board has given its approval to the	5719
commission to enter into such contracts and has approved a total	5720
budget amount for such contracts as agreed upon by commission	5721
action, and that the commission causes to be kept itemized records	5722
of the amounts of money spent under each contract and annually	5723
files those records with the clerk of the house of representatives	5724
and the clerk of the senate following the close of the fair;	5725

(5) Limiting the authority of the chief of the division of	5726
mineral resources management to contract for reclamation work with	5727
an operator mining adjacent land as provided in section 1513.27 of	5728
the Revised Code;	5729

(6) Applying to investment transactions and procedures of any	5730
state agency, except that the agency shall file with the board the	5731
name of any person with whom the agency contracts to make, broker,	5732
service, or otherwise manage its investments, as well as the	5733
commission, rate, or schedule of charges of such person with	5734
respect to any investment transactions to be undertaken on behalf	5735
of the agency. The filing shall be in a form and at such times as	5736
the board considers appropriate.	5737

(7) Applying to purchases made with money for the per cent	5738
for arts program established by section 3379.10 of the Revised	5739
Code;	5740

(8) Applying to purchases made by the rehabilitation services	5741
commission of services, or supplies, that are provided to persons	5742
with disabilities, or to purchases made by the commission in	5743
connection with the eligibility determinations it makes for	5744
applicants of programs administered by the social security	5745
administration;	5746

(9) Applying to payments by the department of job and family	5747
services under section 5111.13 of the Revised Code for group	5748
health plan premiums, deductibles, coinsurance, and other	5749
cost-sharing expenses;	5750

(10) Applying to any agency of the legislative branch of the	5751
state government;	5752

(11) Applying to agreements or contracts entered into under	5753
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	5754
Revised Code;	5755

(12) Applying to purchases of services by the adult parole	5756
authority under section 2967.14 of the Revised Code or by the	5757
department of youth services under section 5139.08 of the Revised	5758
Code;	5759

(13) Applying to dues or fees paid for membership in an	5760
organization or association;	5761

(14) Applying to purchases of utility services pursuant to	5762
section 9.30 of the Revised Code;	5763

(15) Applying to purchases made in accordance with rules	5764
adopted by the department of administrative services of motor	5765
vehicle, aviation, or watercraft fuel, or emergency repairs of	5766
such vehicles;	5767

(16) Applying to purchases of tickets for passenger air	5768
transportation;	5769

(17) Applying to purchases necessary to provide public	5770
notifications required by law or to provide notifications of job	5771
openings;	5772

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

5773

(19) Applying to purchases of liquor for resale by the	5774
division of liquor control;	5775

(20) Applying to purchases of motor courier and freight	5776
services made in accordance with department of administrative	5777
services rules;	5778

(21) Applying to purchases from the United States postal	5779
service and purchases of stamps and postal meter replenishment	5780
from vendors at rates established by the United States postal	5781
service;	5782

(22) Applying to purchases of books, periodicals, pamphlets,	5783
newspapers, maintenance subscriptions, and other published	5784
materials;	5785

(23) Applying to purchases from other state agencies,	5786
including state-assisted institutions of higher education;	5787

(24) Limiting the authority of the director of environmental	5788
protection to enter into contracts under division (D) of section	5789
3745.14 of the Revised Code to conduct compliance reviews, as	5790
defined in division (A) of that section;	5791

(25) Applying to purchases from a qualified nonprofit agency	5792
pursuant to sections 4115.31 to 4115.35 of the Revised Code;	5793

(26) Applying to payments by the department of job and family	5794
services to the United States department of health and human	5795
services for printing and mailing notices pertaining to the tax	5796
refund offset program of the internal revenue service of the	5797
United States department of the treasury;	5798

(27) Applying to contracts entered into by the department of	5799
mental retardation and developmental disabilities under sections	5800
5123.18, 5123.182, and 5123.199 of the Revised Code;	5801

(28) Applying to payments made by the department of mental	5802
health under a physician recruitment program authorized by section	5803
5119.101 of the Revised Code;	5804

(29) Applying to contracts entered into with persons by the	5805
director of commerce for unclaimed funds collection and remittance	5806
efforts as provided in division (F) of section 169.03 of the	5807
Revised Code. The director shall keep an itemized accounting of	5808
unclaimed funds collected by those persons and amounts paid to	5809
them for their services.	5810

(30) Applying to purchases made by a state institution of	5811
higher education in accordance with the terms of a contract	5812
between the vendor and an inter-university purchasing group	5813
comprised of purchasing officers of state institutions of higher	5814
education;	5815

(31) Applying to the department of job and family services'	5816
purchases of health assistance services under the children's	5817
health insurance program part I provided for under section 5101.50	5818
of the Revised Code or the children's health insurance program	5819
part II provided for under section 5101.51 of the Revised Code;	5820

(32) Applying to payments by the attorney general from the	5821
reparations fund to hospitals and other emergency medical	5822
facilities for performing medical examinations to collect physical	5823
evidence pursuant to section 2907.28 of the Revised Code;	5824

(33) Applying to contracts with a contracting authority or	5825
administrative receiver under division ~~(G)(2)~~(B) of section	5826
~~5126.055~~5126.056 of the Revised Code;	5827

(34) Applying to reimbursements paid to the United States	5828
department of veterans affairs for pharmaceutical and patient	5829
supply purchases made on behalf of the Ohio veterans' home agency;	5830

(35) Applying to agreements the department of job and family	5831
services enters into with terminal distributors of dangerous drugs	5832
under section 5110.12 of the Revised Code.	5833

(E) Notwithstanding division (B)(1) of this section, the	5834
cumulative purchase threshold shall be seventy-five thousand	5835
dollars for the departments of mental retardation and	5836
developmental disabilities, mental health, rehabilitation and	5837
correction, and youth services.	5838

(F) When determining whether a state agency has reached the	5839
cumulative purchase thresholds established in divisions (B)(1),	5840
(B)(2), and (E) of this section, all of the following purchases by	5841
such agency shall not be considered:	5842

(1) Purchases made through competitive selection or with	5843
controlling board approval;	5844

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

5845

(3) For the purposes of the thresholds of divisions (B)(1)	5846
and (E) of this section only, leases of real estate.	5847

(G) As used in this section, "competitive selection,"	5848
"purchase," "supplies," and "services" have the same meanings as	5849
in section 125.01 of the Revised Code.	5850

Sec. 131.02. (A) Whenever any amount is payable to the state,	5851
the officer, employee, or agent responsible for administering the	5852
law under which the amount is payable shall immediately proceed to	5853
collect the amount or cause the amount to be collected and shall	5854
pay the amount into the state treasury or into the appropriate	5855
custodial fund in the manner set forth pursuant to section 113.08	5856
of the Revised Code. IfExcept as otherwise provided in this	5857
division, if the amount is not paid within forty-five days after	5858
payment is due, the officer, employee, or agent shall certify the	5859
amount due to the attorney general, in the form and manner	5860
prescribed by the attorney general, and notify the director of	5861
budget and management thereof. In the case of an amount payable by	5862
a student enrolled in a state institution of higher education, the	5863
amount shall be certified within the later of forty-five days	5864
after the amount is due or the tenth day after the beginning of	5865
the next academic semester, quarter, or other session following	5866
the session for which the payment is payable. The attorney general	5867
may assess the collection cost to the amount certified in such	5868
manner and amount as prescribed by the attorney general.	5869

For the purposes of this section, a payment is due at the	5870
time provided in divisions (A)(1) to (9) of this section. If more	5871
than one division applies to a payment, the payment is due at the	5872
earliest of the applicable times.	5873

(1) If a law, including an administrative rule, of this state	5874
prescribes the time a payment is required to be made or reported,	5875
when the payment is required by that law to be paid or reported.	5876

(2) If the payment is for services rendered, when the	5877
rendering of the services is completed.	5878

(3) If the payment is reimbursement for a loss, when the loss	5879
is incurred.	5880

(4) In the case of a fine or penalty for which a law or	5881
administrative rule does not prescribe a time for payment, when	5882
the fine or penalty is first assessed.	5883

(5) If the payment arises from a legal finding, judgment, or	5884
adjudication order, when the finding, judgment, or order is	5885
rendered or issued.	5886

(6) If the payment arises from an overpayment of money by the	5887
state to another person, when the overpayment is discovered.	5888

(7) The date on which the amount for which an individual is	5889
personally liable under section 5735.35, section 5739.33, or	5890
division (G) of section 5747.07 of the Revised Code is determined.	5891

(8) Upon proof of claim being filed in a bankruptcy case.

5892

(9) Any other appropriate time determined by the officer,	5893
employee, or agent responsible for administering the law under	5894
which the amount is payable on the basis of statutory requirements	5895
or ordinary business processes of the state agency to which the	5896
payment is owed.	5897

(B)(1) The attorney general shall give immediate notice by	5898
mail or otherwise to the party indebted of the nature and amount	5899
of the indebtedness.	5900

(2) If the amount payable to this state arises from a tax	5901
levied under Chapter 5733., 5739., 5741., or 5747. of the Revised	5902
Code, the notice also shall specify all of the following:	5903

(a) The assessment or case number;

5904

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

5905

(c) The reason for the liability, including, if applicable,	5906
that a penalty or interest is due;	5907

(d) An explanation of how and when interest will be added to	5908
the amount assessed;	5909

(e) That the attorney general and tax commissioner, acting	5910
together, have the authority, but are not required, to compromise	5911
the claim and accept payment over a reasonable time, if such	5912
actions are in the best interest of the state.	5913

(C) The attorney general shall collect the claim or secure a	5914
judgment and issue an execution for its collection.	5915

(D) Each claim shall bear interest, from the day on which the	5916
claim became due, at the rate per annum required by section	5917
5703.47 of the Revised Code.	5918

(E) The attorney general and the chief officer of the agency	5919
reporting a claim, acting together, may do any of the following if	5920
such action is in the best interests of the state:	5921

(1) Compromise the claim;

5922

(2) Extend for a reasonable period the time for payment of	5923
the claim by agreeing to accept monthly or other periodic	5924
payments. The agreement may require security for payment of the	5925
claim.	5926

(3) Add fees to recover the cost of processing checks or	5927
other draft instruments returned for insufficient funds and the	5928
cost of providing electronic payment options.	5929

(F)(1) Except as provided in division (F)(2) of this section,	5930
if the attorney general finds, after investigation, that any claim	5931
due and owing to the state is uncollectible, the attorney general,	5932
with the consent of the chief officer of the agency reporting the	5933
claim, may do the following:	5934

(a) Sell, convey, or otherwise transfer the claim to one or	5935
more private entities for collection;	5936

(b) Cancel the claim or cause it to be cancelled.

5937

(2) The attorney general shall cancel or cause to be	5938
cancelled an unsatisfied claim on the date that is forty years	5939
after the date the claim is certified.	5940

Sec. 131.022. (A) As used in this section:

5941

(1) "Final overdue claim" means a claim that has been	5942
certified to the attorney general under section 131.02 of the	5943
Revised Code, that has been final for at least one year, and for	5944
which no arrangements have been made for the payment thereof or,	5945
if such arrangements have been made, the person owing the claim	5946
has failed to comply with the terms of the arrangement for more	5947
than thirty days.	5948

"Final overdue claim" includes collection costs incurred with	5949
respect to such a claim and assessed by the attorney general under	5950
division (A) of section 131.02 of the Revised Code, interest	5951
accreting to the claim under division (D) of that section, and	5952
fees added under division (E)(3) of that section.	5953

(2) "Final" means a claim has been finalized under the law	5954
providing for the imposition or determination of the amount due,	5955
and any time provided for appeal of the amount, legality, or	5956
validity of the claim has expired without an appeal having been	5957
filed in the manner provided by law. "Final" includes, but is not	5958
limited to, a final determination of the tax commissioner for	5959
which the time for appeal has expired without a notice of appeal	5960
having been filed.	5961

(B) One year after a final overdue claim is certified to the	5962
attorney general, the attorney general may sell or otherwise	5963
transfer the claim to any person. If the claim is to be sold, it	5964
may be sold by private negotiated sale or at public auction	5965
conducted by the attorney general or a designee, as is most	5966
likely, in the opinion of the attorney general, to yield the most	5967
favorable return on the sale. For the purposes of this division, a	5968
public auction includes an auction conducted electronically	5969
whereby bids are solicited and received via the internet and the	5970
solicitation is open to the public.	5971

(C) The attorney general may consolidate any number of final	5972
overdue claims for sale under this section.	5973

(D) Not less than sixty days before first offering a final	5974
overdue claim for sale, the attorney general shall provide written	5975
notice, by ordinary mail, to the person owing the claim at that	5976
person's last known mailing address. The notice shall state the	5977
following:	5978

(1) The nature and amount of the claim;

5979

(2) The manner in which the person may contact the office of	5980
the attorney general to arrange terms for payment of the claim;	5981

(3) That if the person does not contact the office of the	5982
attorney general within sixty days after the date the notice is	5983
issued and arrange terms for payment of the claim:	5984

(a) The claim will be offered for sale to a private party for	5985
collection by that party by any legal means;	5986

(b) The person is deemed to be denied any right to seek and	5987
obtain a refund of any amount from which the claim arises if the	5988
applicable law otherwise allows for such a refund;	5989

(c) The person is deemed to waive any right the person may	5990
have to confidentiality of information regarding the claim to the	5991
extent confidentiality is provided under any other section of the	5992
Revised Code.	5993

(E) Upon the sale or transfer of a final overdue claim under	5994
this section, the claim becomes the property of the purchaser or	5995
transferee, and may be sold or otherwise transferred by that	5996
person to any other person or otherwise disposed of. The owner of	5997
the claim is entitled to all proceeds from the collection of the	5998
claim. Purchasers or transferees of a final overdue claim are	5999
subject to any applicable laws governing collection of debts of	6000
the kind represented by the claim.	6001

(F) Upon the sale or transfer of a final overdue claim under	6002
this section, no refund shall be issued or paid to the person	6003
owing the claim for any part of the amount from which the claim	6004
arises.	6005

(G) Notwithstanding any other section of the Revised Code,	6006
the attorney general, solely for the purpose of effecting the sale	6007
or transfer of a final overdue claim under this section, may	6008
disclose information about the person owing the claim that	6009
otherwise would be confidential under a section of the Revised	6010
Code, and the person shall have no right of action against such	6011
disclosure to the extent such a right is available under that	6012
section.	6013

(H) The authority granted under this section is supplemental	6014
to the authority granted under section 131.02 of the Revised Code.	6015

Sec. 131.23. The various political subdivisions of this	6016
state may issue bonds, and any indebtedness created by such	6017
issuance shall not be subject to the limitations or included in	6018
the calculation of indebtedness prescribed by sections 133.05,	6019
133.06, 133.07, and 133.09 of the Revised Code, but such bonds may	6020
be issued only under the following conditions:	6021

(A) The subdivision desiring to issue such bonds shall obtain	6022
from the county auditor a certificate showing the total amount of	6023
delinquent taxes due and unpayable to such subdivision at the last	6024
semiannual tax settlement.	6025

(B) The fiscal officer of that subdivision shall prepare a	6026
statement, from the books of the subdivision, verified by the	6027
fiscal officer under oath, which shall contain the following facts	6028
of such subdivision:	6029

(1) The total bonded indebtedness;

6030

(2) The aggregate amount of notes payable or outstanding	6031
accounts of the subdivision, incurred prior to the commencement of	6032
the current fiscal year, which shall include all evidences of	6033
indebtedness issued by the subdivision except notes issued in	6034
anticipation of bond issues and the indebtedness of any	6035
nontax-supported public utility;	6036

(3) Except in the case of school districts, the aggregate	6037
current year's requirement for disability financial assistance ~~and~~	6038
~~disability medical assistance~~ provided under Chapter 5115. of the	6039
Revised Code that the subdivision is unable to finance except by	6040
the issue of bonds;	6041

(4) The indebtedness outstanding through the issuance of any	6042
bonds or notes pledged or obligated to be paid by any delinquent	6043
taxes;	6044

(5) The total of any other indebtedness;

6045

(6) The net amount of delinquent taxes unpledged to pay any	6046
bonds, notes, or certificates, including delinquent assessments on	6047
improvements on which the bonds have been paid;	6048

(7) The budget requirements for the fiscal year for bond and	6049
note retirement;	6050

(8) The estimated revenue for the fiscal year.

6051

(C) The certificate and statement provided for in divisions	6052
(A) and (B) of this section shall be forwarded to the tax	6053
commissioner together with a request for authority to issue bonds	6054
of such subdivision in an amount not to exceed seventy per cent of	6055
the net unobligated delinquent taxes and assessments due and owing	6056
to such subdivision, as set forth in division (B)(6) of this	6057
section.	6058

(D) No subdivision may issue bonds under this section in	6059
excess of a sufficient amount to pay the indebtedness of the	6060
subdivision as shown by division (B)(2) of this section and,	6061
except in the case of school districts, to provide funds for	6062
disability financial assistance ~~and disability medical assistance~~,	6063
as shown by division (B)(3) of this section.	6064

(E) The tax commissioner shall grant to such subdivision	6065
authority requested by such subdivision as restricted by divisions	6066
(C) and (D) of this section and shall make a record of the	6067
certificate, statement, and grant in a record book devoted solely	6068
to such recording and which shall be open to inspection by the	6069
public.	6070

(F) The commissioner shall immediately upon issuing the	6071
authority provided in division (E) of this section notify the	6072
proper authority having charge of the retirement of bonds of such	6073
subdivision by forwarding a copy of such grant of authority and of	6074
the statement provided for in division (B) of this section.	6075

(G) Upon receipt of authority, the subdivision shall proceed	6076
according to law to issue the amount of bonds authorized by the	6077
commissioner, and authorized by the taxing authority, provided the	6078
taxing authority of that subdivision may by resolution submit to	6079
the electors of that subdivision the question of issuing such	6080
bonds. Such resolution shall make the declarations and statements	6081
required by section 133.18 of the Revised Code. The county auditor	6082
and taxing authority shall thereupon proceed as set forth in	6083
divisions (C) and (D) of such section. The election on the	6084
question of issuing such bonds shall be held under divisions (E),	6085
(F), and (G) of such section, except that publication of the	6086
notice of such election shall be made on four separate days prior	6087
to such election in one or more newspapers of general circulation	6088
in the subdivisions. Such bonds may be exchanged at their face	6089
value with creditors of the subdivision in liquidating the	6090
indebtedness described and enumerated in division (B)(2) of this	6091
section or may be sold as provided in Chapter 133. of the Revised	6092
Code, and in either event shall be uncontestable.	6093

(H) The per cent of delinquent taxes and assessments	6094
collected for and to the credit of the subdivision after the	6095
exchange or sale of bonds as certified by the commissioner shall	6096
be paid to the authority having charge of the sinking fund of the	6097
subdivision, which money shall be placed in a separate fund for	6098
the purpose of retiring the bonds so issued. The proper authority	6099
of the subdivisions shall provide for the levying of a tax	6100
sufficient in amount to pay the debt charges on all such bonds	6101
issued under this section.	6102

(I) This section is for the sole purpose of assisting the	6103
various subdivisions in paying their unsecured indebtedness, and	6104
providing funds for disability financial assistance ~~and disability~~	6105
~~medical assistance~~. The bonds issued under authority of this	6106
section shall not be used for any other purpose and any exchange	6107
for other purposes, or the use of the money derived from the sale	6108
of such bonds by the subdivision for any other purpose, is	6109
misapplication of funds.	6110

(J) The bonds authorized by this section shall be redeemable	6111
or payable in not to exceed ten years from date of issue and shall	6112
not be subject to or considered in calculating the net	6113
indebtedness of the subdivision. The budget commission of the	6114
county in which the subdivision is located shall annually allocate	6115
such portion of the then delinquent levy due such subdivision	6116
which is unpledged for other purposes to the payment of debt	6117
charges on the bonds issued under authority of this section.	6118

(K) The issue of bonds under this section shall be governed	6119
by Chapter 133. of the Revised Code, respecting the terms used,	6120
forms, manner of sale, and redemption except as otherwise provided	6121
in this section.	6122

The board of county commissioners of any county may issue	6123
bonds authorized by this section and distribute the proceeds of	6124
such bond issues to any or all of the cities and townships of such	6125
counties, according to their relative needs for disability	6126
financial assistance ~~and disability medical assistance~~ as	6127
determined by such county.	6128

All sections of the Revised Code inconsistent with or	6129
prohibiting the exercise of the authority conferred by this	6130
section are inoperative respecting bonds issued under this	6131
section.	6132

Sec. 131.46. There is hereby created in the state treasury	6133
the tax rate stabilization fund. The tax rate stabilization fund	6134
shall receive transfers of funds pursuant to sections 5751.033 and	6135
5751.034 of the Revised Code. It is the intent of the general	6136
assembly that the funds received into the tax rate stabilization	6137
fund be used for purposes of permanently reducing the rates of tax	6138
that apply to individuals with respect to the tax levied under	6139
section 5747.02 of the Revised Code.	6140

Sec. 133.09. (A) Unless it is a township that has adopted a	6141
limited home rule government under Chapter 504. of the Revised	6142
Code, a township shall not incur net indebtedness that exceeds an	6143
amount equal to five per cent of its tax valuation and, except as	6144
specifically authorized by section 505.262 of the Revised Code or	6145
other laws, shall not incur any net indebtedness unless authorized	6146
by vote of the electors.	6147

(B) A township that has adopted a limited home rule	6148
government under Chapter 504. of the Revised Code shall not incur	6149
net indebtedness that exceeds an amount equal to ten and one-half	6150
per cent of its tax valuation, or incur without a vote of the	6151
electors net indebtedness that exceeds an amount equal to five and	6152
one-half per cent of that tax valuation. In calculating the net	6153
indebtedness of a township that has adopted a limited home rule	6154
government, none of the following securities shall be considered:	6155

(1) Self-supporting securities issued for any purpose;

6156

(2) Securities issued for the purpose of purchasing,	6157
constructing, improving, or extending water or sanitary or surface	6158
and storm water sewerage systems or facilities, or a combination	6159
of those systems or facilities, to the extent that an agreement	6160
entered into with another subdivision requires the other	6161
subdivision to pay to the township amounts equivalent to debt	6162
charges on the securities;	6163

(3) Securities that are not general obligations of the	6164
township;	6165

(4) Voted securities issued for the purposes of redevelopment	6166
to the extent that their principal amount does not exceed an	6167
amount equal to two per cent of the tax valuation of the township;	6168

(5) Securities issued for the purpose of acquiring or	6169
constructing roads, highways, bridges, or viaducts, or for the	6170
purpose of acquiring or making other highway permanent	6171
improvements, to the extent that the resolution of the board of	6172
township trustees authorizing the issuance of the securities	6173
includes a covenant to appropriate from money distributed to the	6174
township under Chapter 4501., 4503., 4504., or 5735. of the	6175
Revised Code a sufficient amount to cover debt charges on and	6176
financing costs relating to the securities as they become due;	6177

(6) Securities issued for energy conservation measures under	6178
section 505.264 of the Revised Code.	6179

(C) In calculating the net indebtedness of any township, no	6180
obligation incurred under division (B) of section 513.17 or under	6181
section 505.261, 505.264, 505.265, 505.267, or 505.37 of the	6182
Revised Code, or in connection with a project undertaken pursuant	6183
to section 5540.032 of the Revised Code, shall be considered.	6184

Sec. 140.01. As used in this chapter:

6185

(A) "Hospital agency" means any public hospital agency or any	6186
nonprofit hospital agency.	6187

(B) "Public hospital agency" means any county, board of	6188
county hospital trustees established pursuant to section 339.02 of	6189
the Revised Code, county hospital commission established pursuant	6190
to section 339.14 of the Revised Code, municipal corporation, new	6191
community authority organized under Chapter 349. of the Revised	6192
Code, joint township hospital district, state or municipal	6193
university or college operating or authorized to operate a	6194
hospital facility, or the state.	6195

(C) "Nonprofit hospital agency" means a corporation or	6196
association not for profit, no part of the net earnings of which	6197
inures or may lawfully inure to the benefit of any private	6198
shareholder or individual, that has authority to own or operate a	6199
hospital facility or provides or is to provide services to one or	6200
more other hospital agencies.	6201

(D) "Governing body" means, in the case of a county, the	6202
board of county commissioners or other legislative body; in the	6203
case of a board of county hospital trustees, the board; in the	6204
case of a county hospital commission, the commission; in the case	6205
of a municipal corporation, the council or other legislative	6206
authority; in the case of a new community authority, its board of	6207
trustees; in the case of a joint township hospital district, the	6208
joint township district hospital board; in the case of a state or	6209
municipal university or college, its board of trustees or board of	6210
directors; in the case of a nonprofit hospital agency, the board	6211
of trustees or other body having general management of the agency;	6212
and, in the case of the state, the director of development or the	6213
Ohio higher educational facility commission.	6214

(E) "Hospital facilities" means buildings, structures and	6215
other improvements, additions thereto and extensions thereof,	6216
furnishings, equipment, and real estate and interests in real	6217
estate, used or to be used for or in connection with one or more	6218
hospitals, emergency, intensive, intermediate, extended,	6219
long-term, or self-care facilities, diagnostic and treatment and	6220
out-patient facilities, facilities related to programs for home	6221
health services, clinics, laboratories, public health centers,	6222
research facilities, and rehabilitation facilities, for or	6223
pertaining to diagnosis, treatment, care, or rehabilitation of	6224
sick, ill, injured, infirm, impaired, disabled, or handicapped	6225
persons, or the prevention, detection, and control of disease, and	6226
also includes education, training, and food service facilities for	6227
health professions personnel, housing facilities for such	6228
personnel and their families, and parking and service facilities	6229
in connection with any of the foregoing; and includes any one,	6230
part of, or any combination of the foregoing; and further includes	6231
site improvements, utilities, machinery, facilities, furnishings,	6232
and any separate or connected buildings, structures, improvements,	6233
sites, utilities, facilities, or equipment to be used in, or in	6234
connection with the operation or maintenance of, or supplementing	6235
or otherwise related to the services or facilities to be provided	6236
by, any one or more of such hospital facilities.	6237

(F) "Costs of hospital facilities" means the costs of	6238
acquiring hospital facilities or interests in hospital facilities,	6239
including membership interests in nonprofit hospital agencies,	6240
costs of constructing hospital facilities, costs of improving one	6241
or more hospital facilities, including reconstructing,	6242
rehabilitating, remodeling, renovating, and enlarging, costs of	6243
equipping and furnishing such facilities, and all financing costs	6244
pertaining thereto, including, without limitation thereto, costs	6245
of engineering, architectural, and other professional services,	6246
designs, plans, specifications and surveys, and estimates of cost,	6247
costs of tests and inspections, the costs of any indemnity or	6248
surety bonds and premiums on insurance, all related direct or	6249
allocable administrative expenses pertaining thereto, fees and	6250
expenses of trustees, depositories, and paying agents for the	6251
obligations, cost of issuance of the obligations and financing	6252
charges and fees and expenses of financial advisors, attorneys,	6253
accountants, consultants and rating services in connection	6254
therewith, capitalized interest on the obligations, amounts	6255
necessary to establish reserves as required by the bond	6256
proceedings, the reimbursement of all moneys advanced or applied	6257
by the hospital agency or others or borrowed from others for the	6258
payment of any item or items of costs of such facilities, and all	6259
other expenses necessary or incident to planning or determining	6260
feasibility or practicability with respect to such facilities, and	6261
such other expenses as may be necessary or incident to the	6262
acquisition, construction, reconstruction, rehabilitation,	6263
remodeling, renovation, enlargement, improvement, equipment, and	6264
furnishing of such facilities, the financing thereof, and the	6265
placing of the same in use and operation, including any one, part	6266
of, or combination of such classes of costs and expenses, and	6267
means the costs of refinancing obligations issued by, or	6268
reimbursement of money advanced by, nonprofit hospital agencies or	6269
others the proceeds of which were used for the payment of costs of	6270
hospital facilities, if the governing body of the public hospital	6271
agency determines that the refinancing or reimbursement advances	6272
the purposes of this chapter, whether or not the refinancing or	6273
reimbursement is in conjunction with the acquisition or	6274
construction of additional hospital facilities.	6275

(G) "Hospital receipts" means all moneys received by or on	6276
behalf of a hospital agency from or in connection with the	6277
ownership, operation, acquisition, construction, improvement,	6278
equipping, or financing of any hospital facilities, including,	6279
without limitation thereto, any rentals and other moneys received	6280
from the lease, sale, or other disposition of hospital facilities,	6281
and any gifts, grants, interest subsidies, or other moneys	6282
received under any federal program for assistance in financing the	6283
costs of hospital facilities, and any other gifts, grants, and	6284
donations, and receipts therefrom, available for financing the	6285
costs of hospital facilities.	6286

(H) "Obligations" means bonds, notes, or other evidences of	6287
indebtedness or obligation, including interest coupons pertaining	6288
thereto, issued or issuable by a public hospital agency to pay	6289
costs of hospital facilities.	6290

(I) "Bond service charges" means principal, interest, and	6291
call premium, if any, required to be paid on obligations.	6292

(J) "Bond proceedings" means one or more ordinances,	6293
resolutions, trust agreements, indentures, and other agreements or	6294
documents, and amendments and supplements to the foregoing, or any	6295
combination thereof, authorizing or providing for the terms,	6296
including any variable interest rates, and conditions applicable	6297
to, or providing for the security of, obligations and the	6298
provisions contained in such obligations.	6299

(K) "Nursing home" has the same meaning as in division (A)(1)	6300
of section 5701.13 of the Revised Code.	6301

(L) "Residential care facility" has the same meaning as in	6302
division (A)(2) of section 5701.13 of the Revised Code.	6303

(M) "Adult care facility" has the same meaning as in division	6304
(A)(3) of section 5701.13 of the Revised Code.	6305

(N) "Independent living facility" means any self-care	6306
facility or other housing facility designed or used as a residence	6307
for elderly persons. An "independent living facility" does not	6308
include a residential facility, or that part of a residential	6309
facility, that is any of the following:	6310

(1) A hospital required to be certified by section 3727.02 of	6311
the Revised Code;	6312

(2) A nursing home or residential care facility;

6313

(3) An adult care facility;

6314

(4) A hospice licensed under section 3712.04 of the Revised	6315
Code;	6316

(5) ~~A habilitation center as defined in section 5123.041 of~~	6317
~~the Revised Code;~~	6318

~~(6)~~ A residential facility for the mentally ill licensed by	6319
the department of mental health under section 5119.22 of the	6320
Revised Code;	6321

~~(7)~~(6) A facility licensed to provide methadone treatment	6322
under section 3793.11 of the Revised Code;	6323

~~(8)~~(7) A facility certified as an alcohol and drug addiction	6324
program under section 3793.06 of the Revised Code;	6325

~~(9)~~(8) A residential facility licensed under section 5123.19	6326
of the Revised Code or a facility providing services under a	6327
contract with the department of mental retardation and	6328
developmental disabilities under section 5123.18 of the Revised	6329
Code;	6330

~~(10)~~(9) A residential facility used as part of a hospital to	6331
provide housing for staff of the hospital or students pursuing a	6332
course of study at the hospital.	6333

Sec. 140.08. (A) Except as otherwise provided in ~~divisions~~	6334
division (B)~~(1) and (2)~~ of this section, all hospital facilities	6335
purchased, acquired, constructed, or owned by a public hospital	6336
agency, or financed in whole or in part by obligations issued by a	6337
public hospital agency, and used, or to be used when completed, as	6338
hospital facilities, and the income therefrom, are exempt from all	6339
taxation within this state, including ad valorem and excise taxes,	6340
notwithstanding any other provisions of law, and hospital agencies	6341
are exempt from taxes levied under Chapters 5739. and 5741. of the	6342
Revised Code. The obligations issued hereafter under section	6343
133.08, 140.06, or 339.15 of the Revised Code or Section 3 of	6344
Article XVIII, Ohio Constitution, to pay costs of hospital	6345
facilities or to refund such obligations, and the transfer	6346
thereof, and the interest and other income from such obligations,	6347
including any profit made on the sale thereof, is free from	6348
taxation within the state.	6349

(B)(1) Division (A) of this section does not exempt	6350
independent living facilities from taxes levied on property or	6351
taxes levied under Chapters 5739. and 5741. of the Revised Code.	6352
If an independent living facility or part of such facility becomes	6353
an adult care facility, nursing home, or residential care facility	6354
on or after January 10, 1991, that part of the independent living	6355
facility that is an adult care facility, nursing home, or	6356
residential care facility is exempt from taxation subject to	6357
division (B)(2) of this section on and after the date it becomes	6358
an adult care facility, nursing home, or residential care	6359
facility.	6360

(2) Division (A) of this section exempts nursing homes,	6361
residential care facilities, and adult care facilities from taxes	6362
levied on property and taxes levied under Chapters 5739. and 5741.	6363
of the Revised Code only until all obligations issued to finance	6364
such homes or facilities, or all refunding or series of refundings	6365
of those obligations, are redeemed or otherwise retired.	6366

(3) Nothing in division (A) of this section exempts any	6367
person subject to this section from the tax levied by Chapter	6368
5751. of the Revised Code, but the tax shall be based solely on	6369
those gross receipts that contribute to such person's unrelated	6370
business income under the Internal Revenue Code of 1986, 100 Stat.	6371
2085, 26 U.S.C. 1, as amended.	6372

Sec. 141.011. Beginning in calendar year 2001, the annual	6373
salaries of the elective officers of the state shall be as follows	6374
rather than as prescribed by divisions (A) to (F) of section	6375
141.01 of the Revised Code:	6376

(A)(1) In calendar year 2001 the annual salary of the	6377
governor shall be one hundred twenty-six thousand four hundred	6378
ninety-seven dollars.	6379

(2) In calendar years 2002 through 2006 the annual salary of	6380
the governor shall be one hundred thirty thousand two hundred	6381
ninety-two dollars.	6382

(3) In calendar year 2007 the annual salary of the governor	6383
shall be the annual salary in 2006 increased by each of the	6384
following percentages in succession:	6385

(a) The lesser of three per cent or the percentage increase,	6386
if any, in the consumer price index from October 1, 2001, to	6387
September 30, 2002, rounded to the nearest one-tenth of one per	6388
cent;	6389

(b) The lesser of three per cent or the percentage increase,	6390
if any, in the consumer price index from October 1, 2002, to	6391
September 30, 2003, rounded to the nearest one-tenth of one per	6392
cent;	6393

(c) The lesser of three per cent or the percentage increase,	6394
if any, in the consumer price index from October 1, 2003, to	6395
September 30, 2004, rounded to the nearest one-tenth of one per	6396
cent;	6397

(d) The lesser of three per cent or the percentage increase,	6398
if any, in the consumer price index from October 1, 2004, to	6399
September 30, 2005, rounded to the nearest one-tenth of one per	6400
cent;	6401

(e) The lesser of three per cent or the percentage increase,	6402
if any, in the consumer price index from October 1, 2005, to	6403
September 30, 2006, rounded to the nearest one-tenth of one per	6404
cent.	6405

(4) In calendar year 2008 and thereafter, the annual salary	6406
of the governor shall be the annual salary in 2007 increased by	6407
the lesser of the following:	6408

(a) Three per cent;

6409

(b) The percentage increase, if any, in the consumer price	6410
index from October 1, 2006, to September 30, 2007, rounded to the	6411
nearest one-tenth of one per cent.	6412

(B)(1) In calendar year 2001 the annual salary of the	6413
lieutenant governor shall be sixty-six thousand three hundred six	6414
dollars.	6415

(2) In calendar years 2002 through 2006 the annual salary of	6416
the lieutenant governor shall be sixty-eight thousand two hundred	6417
ninety-five dollars.	6418

(3) In calendar year 2007 the annual salary of the lieutenant	6419
governor shall be the annual salary in 2006 increased by each of	6420
the following percentages in succession:	6421

(a) The lesser of three per cent or the percentage increase,	6422
if any, in the consumer price index from October 1, 2001, to	6423
September 30, 2002, rounded to the nearest one-tenth of one per	6424
cent;	6425

(b) The lesser of three per cent or the percentage increase,	6426
if any, in the consumer price index from October 1, 2002, to	6427
September 30, 2003, rounded to the nearest one-tenth of one per	6428
cent;	6429

(c) The lesser of three per cent or the percentage increase,	6430
if any, in the consumer price index from October 1, 2003, to	6431
September 30, 2004, rounded to the nearest one-tenth of one per	6432
cent;	6433

(d) The lesser of three per cent or the percentage increase,	6434
if any, in the consumer price index from October 1, 2004, to	6435
September 30, 2005, rounded to the nearest one-tenth of one per	6436
cent;	6437

(e) The lesser of three per cent or the percentage increase,	6438
if any, in the consumer price index from October 1, 2005, to	6439
September 30, 2006, rounded to the nearest one-tenth of one per	6440
cent.	6441

(4) In calendar year 2008 and thereafter, the annual salary	6442
of the lieutenant governor shall be the annual salary in 2007	6443
increased by the lesser of the following:	6444

(a) Three per cent;

6445

(b) The percentage increase, if any, in the consumer price	6446
index from October 1, 2006 to September 30, 2007, rounded to the	6447
nearest one-tenth of one per cent.	6448

If the governor appoints the lieutenant governor as an	6449
administrative department head ~~or as the director of the office of~~	6450
~~criminal justice services under section 108.05 of the Revised~~	6451
~~Code~~, the lieutenant governor may accept the salary for that	6452
office while serving as its head in lieu of the salary for the	6453
office of lieutenant governor.	6454

(C)(1) In calendar year 2001 the annual salary of the	6455
secretary of state, auditor of state, treasurer of state, and	6456
attorney general shall be ninety-three thousand four hundred	6457
forty-seven dollars.	6458

(2) In calendar year 2002 the annual salary of the secretary	6459
of state, auditor of state, treasurer of state, and attorney	6460
general shall be ninety-six thousand two hundred fifty dollars.	6461

(3) In each calendar year from 2003 through 2008, the annual	6462
salary of the secretary of state, auditor of state, treasurer of	6463
state, and attorney general shall be increased by the lesser of	6464
the following:	6465

(a) Three per cent;

6466

(b) The percentage increase, if any, in the consumer price	6467
index over the twelve-month period that ends on the thirtieth day	6468
of September of the immediately preceding year, rounded to the	6469
nearest one-tenth of one per cent.	6470

(D) Upon the death of an elected executive officer of the	6471
state listed in divisions (A) to (F) of section 141.01 of the	6472
Revised Code during that person's term of office, an amount shall	6473
be paid in accordance with section 2113.04 of the Revised Code, or	6474
to that person's estate. The amount shall equal the amount of the	6475
salary that the officer would have received during the remainder	6476
of the officer's unexpired term or an amount equal to the salary	6477
of that person's office for two years, whichever is less.	6478

(E) As used in this section, "consumer price index" has the	6479
same meaning as in section 101.27 of the Revised Code.	6480

Sec. 141.04. (A) The annual salaries of the chief justice of	6481
the supreme court and of the justices and judges named in this	6482
section payable from the state treasury are as follows, rounded to	6483
the nearest fifty dollars:	6484

(1) For the chief justice of the supreme court, the following	6485
amounts effective in the following years:	6486

(a) Beginning January 1, 2000, one hundred twenty-four	6487
thousand nine hundred dollars;	6488

(b) Beginning January 1, 2001, one hundred twenty-eight	6489
thousand six hundred fifty dollars;	6490

(c) After 2001, the amount determined under division (E)(1)	6491
of this section.	6492

(2) For the justices of the supreme court, the following	6493
amounts effective in the following years:	6494

(a) Beginning January 1, 2000, one hundred seventeen thousand	6495
two hundred fifty dollars;	6496

(b) Beginning January 1, 2001, one hundred twenty thousand	6497
seven hundred fifty dollars;	6498

(c) After 2001, the amount determined under division (E)(1)	6499
of this section.	6500

(3) For the judges of the courts of appeals, the following	6501
amounts effective in the following years:	6502

(a) Beginning January 1, 2000, one hundred nine thousand two	6503
hundred fifty dollars;	6504

(b) Beginning January 1, 2001, one hundred twelve thousand	6505
five hundred fifty dollars;	6506

(c) After 2001, the amount determined under division (E)(1)	6507
of this section.	6508

(4) For the judges of the courts of common pleas, the	6509
following amounts effective in the following years:	6510

(a) Beginning January 1, 2000, one hundred thousand five	6511
hundred dollars, reduced by an amount equal to the annual	6512
compensation paid to that judge from the county treasury pursuant	6513
to section 141.05 of the Revised Code;	6514

(b) Beginning January 1, 2001, one hundred three thousand	6515
five hundred dollars, reduced by an amount equal to the annual	6516
compensation paid to that judge from the county treasury pursuant	6517
to section 141.05 of the Revised Code;	6518

(c) After 2001, the aggregate annual salary amount determined	6519
under division (E)(2) of this section reduced by an amount equal	6520
to the annual compensation paid to that judge from the county	6521
treasury pursuant to section 141.05 of the Revised Code.	6522

(5) For the full-time judges of a municipal court or the	6523
part-time judges of a municipal court of a territory having a	6524
population of more than fifty thousand, the following amounts	6525
effective in the following years, which amounts shall be in	6526
addition to all amounts received pursuant to divisions (B)(1)(a)	6527
and (2) of section 1901.11 of the Revised Code from municipal	6528
corporations and counties:	6529

(a) Beginning January 1, 2000, thirty-two thousand six	6530
hundred fifty dollars;	6531

(b) Beginning January 1, 2001, thirty-five thousand five	6532
hundred dollars;	6533

(c) After 2001, the amount determined under division (E)(3)	6534
of this section.	6535

(6) For judges of a municipal court designated as part-time	6536
judges by section 1901.08 of the Revised Code, other than	6537
part-time judges to whom division (A)(5) of this section applies,	6538
and for judges of a county court, the following amounts effective	6539
in the following years, which amounts shall be in addition to any	6540
amounts received pursuant to division (A) of section 1901.11 of	6541
the Revised Code from municipal corporations and counties or	6542
pursuant to division (A) of section 1907.16 of the Revised Code	6543
from counties:	6544

(a) Beginning January 1, 2000, eighteen thousand eight	6545
hundred dollars;	6546

(b) Beginning January 1, 2001, twenty thousand four hundred	6547
fifty dollars;	6548

(c) After 2001, the amount determined under division (E)(4)	6549
of this section.	6550

(B) Except as provided in section 1901.121 of the Revised	6551
Code, except as otherwise provided in this division, and except	6552
for the compensation to which the judges described in division	6553
(A)(5) of this section are entitled pursuant to divisions	6554
(B)(1)(a) and (2) of section 1901.11 of the Revised Code, the	6555
annual salary of the chief justice of the supreme court and of	6556
each justice or judge listed in division (A) of this section shall	6557
be paid in equal monthly installments from the state treasury. If	6558
the chief justice of the supreme court or any justice or judge	6559
listed in division (A)(2), (3), or (4) of this section delivers a	6560
written request to be paid biweekly to the administrative director	6561
of the supreme court prior to the first day of January of any	6562
year, the annual salary of the chief justice or the justice or	6563
judge that is listed in division (A)(2), (3), or (4) of this	6564
section shall be paid, during the year immediately following the	6565
year in which the request is delivered to the administrative	6566
director of the supreme court, biweekly from the state treasury.	6567

(C) Upon the death of the chief justice or a justice of the	6568
supreme court during that person's term of office, an amount shall	6569
be paid in accordance with section 2113.04 of the Revised Code, or	6570
to that person's estate. The amount shall equal the amount of the	6571
salary that the chief justice or justice would have received	6572
during the remainder of the unexpired term or an amount equal to	6573
the salary of office for two years, whichever is less.	6574

(D) Neither the chief justice of the supreme court nor any	6575
justice or judge of the supreme court, the court of appeals, the	6576
court of common pleas, or the probate court shall hold any other	6577
office of trust or profit under the authority of this state or the	6578
United States.	6579

(E)(1) Each calendar year from 2002 through 2008, the annual	6580
salaries of the chief justice of the supreme court and of the	6581
justices and judges named in divisions (A)(2) and (3) of this	6582
section shall be increased by an amount equal to the adjustment	6583
percentage for that year multiplied by the compensation paid the	6584
preceding year pursuant to division (A)(1), (2), or (3) of this	6585
section.	6586

(2) Each calendar year from 2002 through 2008, the aggregate	6587
annual salary payable under division (A)(4) of this section to the	6588
judges named in that division shall be increased by an amount	6589
equal to the adjustment percentage for that year multiplied by the	6590
aggregate compensation paid the preceding year pursuant to	6591
division (A)(4) of this section and section 141.05 of the Revised	6592
Code.	6593

(3) Each calendar year from 2002 through 2008, the salary	6594
payable from the state treasury under division (A)(5) of this	6595
section to the judges named in that division shall be increased by	6596
an amount equal to the adjustment percentage for that year	6597
multiplied by the aggregate compensation paid the preceding year	6598
pursuant to division (A)(5) of this section and division (B)(1)(a)	6599
of section 1901.11 of the Revised Code.	6600

(4) Each calendar year from 2002 through 2008, the salary	6601
payable from the state treasury under division (A)(6) of this	6602
section to the judges named in that division shall be increased by	6603
an amount equal to the adjustment percentage for that year	6604
multiplied by the aggregate compensation paid the preceding year	6605
pursuant to division (A)(6) of this section and division (A) of	6606
section 1901.11 of the Revised Code from municipal corporations	6607
and counties or division (A) of section 1907.16 of the Revised	6608
Code from counties.	6609

(F) In addition to the salaries payable pursuant to this	6610
section, the chief justice of the supreme court and the justices	6611
of the supreme court shall be entitled to a vehicle allowance of	6612
five hundred dollars per month, payable from the state treasury.	6613
The allowance shall be increased on the first day of January of	6614
each odd numbered year by an amount equal to the percentage	6615
increase, if any, in the consumer price index for the immediately	6616
preceding twenty-four month period for which information is	6617
available.	6618

(G) As used in this section:

6619

(1) The "adjustment percentage" for a year is the lesser of	6620
the following:	6621

(a) Three per cent;

6622

(b) The percentage increase, if any, in the consumer price	6623
index over the twelve-month period that ends on the thirtieth day	6624
of September of the immediately preceding year, rounded to the	6625
nearest one-tenth of one per cent.	6626

(2) "Consumer price index" has the same meaning as in section	6627
101.27 of the Revised Code.	6628

(3) "Salary" does not include any portion of the cost,	6629
premium, or charge for health, medical, hospital, dental, or	6630
surgical benefits, or any combination of those benefits, covering	6631
the chief justice of the supreme court or a justice or judge named	6632
in this section and paid on the chief justice's or the justice's	6633
or judge's behalf by a governmental entity.	6634

Sec. 145.01. As used in this chapter:

6635

(A) "Public employee" means:

6636

(1) Any person holding an office, not elective, under the	6637
state or any county, township, municipal corporation, park	6638
district, conservancy district, sanitary district, health	6639
district, metropolitan housing authority, state retirement board,	6640
Ohio historical society, public library, county law library, union	6641
cemetery, joint hospital, institutional commissary, state	6642
university, or board, bureau, commission, council, committee,	6643
authority, or administrative body as the same are, or have been,	6644
created by action of the general assembly or by the legislative	6645
authority of any of the units of local government named in	6646
division (A)(1) of this section, or employed and paid in whole or	6647
in part by the state or any of the authorities named in division	6648
(A)(1) of this section in any capacity not covered by section	6649
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	6650

(2) A person who is a member of the public employees	6651
retirement system and who continues to perform the same or similar	6652
duties under the direction of a contractor who has contracted to	6653
take over what before the date of the contract was a publicly	6654
operated function. The governmental unit with which the contract	6655
has been made shall be deemed the employer for the purposes of	6656
administering this chapter.	6657

(3) Any person who is an employee of a public employer,	6658
notwithstanding that the person's compensation for that employment	6659
is derived from funds of a person or entity other than the	6660
employer. Credit for such service shall be included as total	6661
service credit, provided that the employee makes the payments	6662
required by this chapter, and the employer makes the payments	6663
required by sections 145.48 and 145.51 of the Revised Code.	6664

(4) A person who elects in accordance with section 145.015 of	6665
the Revised Code to remain a contributing member of the public	6666
employees retirement system.	6667

In all cases of doubt, the public employees retirement board	6668
shall determine whether any person is a public employee, and its	6669
decision is final.	6670

(B) "Member" means any public employee, other than a public	6671
employee excluded or exempted from membership in the retirement	6672
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	6673
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	6674
retirant who becomes a member under division (C) of section 145.38	6675
of the Revised Code. "Member" also includes a disability benefit	6676
recipient.	6677

(C) "Head of the department" means the elective or appointive	6678
head of the several executive, judicial, and administrative	6679
departments, institutions, boards, and commissions of the state	6680
and local government as the same are created and defined by the	6681
laws of this state or, in case of a charter government, by that	6682
charter.	6683

(D) "Employer" or "public employer" means the state or any	6684
county, township, municipal corporation, park district,	6685
conservancy district, sanitary district, health district,	6686
metropolitan housing authority, state retirement board, Ohio	6687
historical society, public library, county law library, union	6688
cemetery, joint hospital, institutional commissary, state medical	6689
college, state university, or board, bureau, commission, council,	6690
committee, authority, or administrative body as the same are, or	6691
have been, created by action of the general assembly or by the	6692
legislative authority of any of the units of local government	6693
named in this division not covered by section 742.01, 3307.01,	6694
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	6695
means the employer of any public employee.	6696

(E) "Prior service" means all service as a public employee	6697
rendered before January 1, 1935, and all service as an employee of	6698
any employer who comes within the state teachers retirement system	6699
or of the school employees retirement system or of any other	6700
retirement system established under the laws of this state	6701
rendered prior to January 1, 1935, provided that if the employee	6702
claiming the service was employed in any capacity covered by that	6703
other system after that other system was established, credit for	6704
the service may be allowed by the public employees retirement	6705
system only when the employee has made payment, to be computed on	6706
the salary earned from the date of appointment to the date	6707
membership was established in the public employees retirement	6708
system, at the rate in effect at the time of payment, and the	6709
employer has made payment of the corresponding full liability as	6710
provided by section 145.44 of the Revised Code. "Prior service"	6711
also means all service credited for active duty with the armed	6712
forces of the United States as provided in section 145.30 of the	6713
Revised Code.	6714

If an employee who has been granted prior service credit by	6715
the public employees retirement system for service rendered prior	6716
to January 1, 1935, as an employee of a board of education	6717
establishes, before retirement, one year or more of contributing	6718
service in the state teachers retirement system or school	6719
employees retirement system, then the prior service ceases to be	6720
the liability of this system.	6721

If the board determines that a position of any member in any	6722
calendar year prior to January 1, 1935, was a part-time position,	6723
the board shall determine what fractional part of a year's credit	6724
shall be allowed by the following formula:	6725

(1) When the member has been either elected or appointed to	6726
an office the term of which was two or more years and for which an	6727
annual salary is established, the fractional part of the year's	6728
credit shall be computed as follows:	6729

First, when the member's annual salary is one thousand	6730
dollars or less, the service credit for each such calendar year	6731
shall be forty per cent of a year.	6732

Second, for each full one hundred dollars of annual salary	6733
above one thousand dollars, the member's service credit for each	6734
such calendar year shall be increased by two and one-half per	6735
cent.	6736

(2) When the member is paid on a per diem basis, the service	6737
credit for any single year of the service shall be determined by	6738
using the number of days of service for which the compensation was	6739
received in any such year as a numerator and using two hundred	6740
fifty days as a denominator.	6741

(3) When the member is paid on an hourly basis, the service	6742
credit for any single year of the service shall be determined by	6743
using the number of hours of service for which the compensation	6744
was received in any such year as a numerator and using two	6745
thousand hours as a denominator.	6746

(F) "Contributor" means any person who has an account in the	6747
employees' savings fund created by section 145.23 of the Revised	6748
Code. When used in the sections listed in division (B) of section	6749
145.82 of the Revised Code, "contributor" includes any person	6750
participating in a PERS defined contribution plan.	6751

(G) "Beneficiary" or "beneficiaries" means the estate or a	6752
person or persons who, as the result of the death of a member,	6753
contributor, or retirant, qualify for or are receiving some right	6754
or benefit under this chapter.	6755

(H)(1) "Total service credit," except as provided in section	6756
145.37 of the Revised Code, means all service credited to a member	6757
of the retirement system since last becoming a member, including	6758
restored service credit as provided by section 145.31 of the	6759
Revised Code; credit purchased under sections 145.293 and 145.299	6760
of the Revised Code; all the member's prior service credit; all	6761
the member's military service credit computed as provided in this	6762
chapter; all service credit established pursuant to section	6763
145.297 of the Revised Code; and any other service credited under	6764
this chapter. In addition, "total service credit" includes any	6765
period, not in excess of three years, during which a member was	6766
out of service and receiving benefits under Chapters 4121. and	6767
4123. of the Revised Code. For the exclusive purpose of satisfying	6768
the service credit requirement and of determining eligibility for	6769
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36,	6770
and 145.361 of the Revised Code, "five or more years of total	6771
service credit" means sixty or more calendar months of	6772
contributing service in this system.	6773

(2) "One and one-half years of contributing service credit,"	6774
as used in division (B) of section 145.45 of the Revised Code,	6775
also means eighteen or more calendar months of employment by a	6776
municipal corporation that formerly operated its own retirement	6777
plan for its employees or a part of its employees, provided that	6778
all employees of that municipal retirement plan who have eighteen	6779
or more months of such employment, upon establishing membership in	6780
the public employees retirement system, shall make a payment of	6781
the contributions they would have paid had they been members of	6782
this system for the eighteen months of employment preceding the	6783
date membership was established. When that payment has been made	6784
by all such employee members, a corresponding payment shall be	6785
paid into the employers' accumulation fund by that municipal	6786
corporation as the employer of the employees.	6787

(3) Where a member also is a member of the state teachers	6788
retirement system or the school employees retirement system, or	6789
both, except in cases of retirement on a combined basis pursuant	6790
to section 145.37 of the Revised Code or as provided in section	6791
145.383 of the Revised Code, service credit for any period shall	6792
be credited on the basis of the ratio that contributions to the	6793
public employees retirement system bear to total contributions in	6794
all state retirement systems.	6795

(4) Not more than one year of credit may be given for any	6796
period of twelve months.	6797

(5) "Ohio service credit" means credit for service that was	6798
rendered to the state or any of its political subdivisions or any	6799
employer.	6800

(I) "Regular interest" means interest at any rates for the	6801
respective funds and accounts as the public employees retirement	6802
board may determine from time to time.	6803

(J) "Accumulated contributions" means the sum of all amounts	6804
credited to a contributor's individual account in the employees'	6805
savings fund together with any interest credited to the	6806
contributor's account under section 145.471 or 145.472 of the	6807
Revised Code.	6808

(K)(1) "Final average salary" means the quotient obtained by	6809
dividing by three the sum of the three full calendar years of	6810
contributing service in which the member's earnable salary was	6811
highest, except that if the member has a partial year of	6812
contributing service in the year the member's employment	6813
terminates and the member's earnable salary for the partial year	6814
is higher than for any comparable period in the three years, the	6815
member's earnable salary for the partial year shall be substituted	6816
for the member's earnable salary for the comparable period during	6817
the three years in which the member's earnable salary was lowest.	6818

(2) If a member has less than three years of contributing	6819
service, the member's final average salary shall be the member's	6820
total earnable salary divided by the total number of years,	6821
including any fraction of a year, of the member's contributing	6822
service.	6823

(3) For the purpose of calculating benefits payable to a	6824
member qualifying for service credit under division (Z) of this	6825
section, "final average salary" means the total earnable salary on	6826
which contributions were made divided by the total number of years	6827
during which contributions were made, including any fraction of a	6828
year. If contributions were made for less than twelve months,	6829
"final average salary" means the member's total earnable salary.	6830

(L) "Annuity" means payments for life derived from	6831
contributions made by a contributor and paid from the annuity and	6832
pension reserve fund as provided in this chapter. All annuities	6833
shall be paid in twelve equal monthly installments.	6834

(M) "Annuity reserve" means the present value, computed upon	6835
the basis of the mortality and other tables adopted by the board,	6836
of all payments to be made on account of any annuity, or benefit	6837
in lieu of any annuity, granted to a retirant as provided in this	6838
chapter.	6839

(N)(1) "Disability retirement" means retirement as provided	6840
in section 145.36 of the Revised Code.	6841

(2) "Disability allowance" means an allowance paid on account	6842
of disability under section 145.361 of the Revised Code.	6843

(3) "Disability benefit" means a benefit paid as disability	6844
retirement under section 145.36 of the Revised Code, as a	6845
disability allowance under section 145.361 of the Revised Code, or	6846
as a disability benefit under section 145.37 of the Revised Code.	6847

(4) "Disability benefit recipient" means a member who is	6848
receiving a disability benefit.	6849

(O) "Age and service retirement" means retirement as provided	6850
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of	6851
the Revised Code.	6852

(P) "Pensions" means annual payments for life derived from	6853
contributions made by the employer that at the time of retirement	6854
are credited into the annuity and pension reserve fund from the	6855
employers' accumulation fund and paid from the annuity and pension	6856
reserve fund as provided in this chapter. All pensions shall be	6857
paid in twelve equal monthly installments.	6858

(Q) "Retirement allowance" means the pension plus that	6859
portion of the benefit derived from contributions made by the	6860
member.	6861

(R)(1) Except as otherwise provided in division (R) of this	6862
section, "earnable salary" means all salary, wages, and other	6863
earnings paid to a contributor by reason of employment in a	6864
position covered by the retirement system. The salary, wages, and	6865
other earnings shall be determined prior to determination of the	6866
amount required to be contributed to the employees' savings fund	6867
under section 145.47 of the Revised Code and without regard to	6868
whether any of the salary, wages, or other earnings are treated as	6869
deferred income for federal income tax purposes. "Earnable salary"	6870
includes the following:	6871

(a) Payments made by the employer in lieu of salary, wages,	6872
or other earnings for sick leave, personal leave, or vacation used	6873
by the contributor;	6874

(b) Payments made by the employer for the conversion of sick	6875
leave, personal leave, and vacation leave accrued, but not used if	6876
the payment is made during the year in which the leave is accrued,	6877
except that payments made pursuant to section 124.383 or 124.386	6878
of the Revised Code are not earnable salary;	6879

(c) Allowances paid by the employer for full maintenance,	6880
consisting of housing, laundry, and meals, as certified to the	6881
retirement board by the employer or the head of the department	6882
that employs the contributor;	6883

(d) Fees and commissions paid under section 507.09 of the	6884
Revised Code;	6885

(e) Payments that are made under a disability leave program	6886
sponsored by the employer and for which the employer is required	6887
by section 145.296 of the Revised Code to make periodic employer	6888
and employee contributions;	6889

(f) Amounts included pursuant to divisions (K)(3) and (Y) of	6890
this section.	6891

(2) "Earnable salary" does not include any of the following:

6892

(a) Fees and commissions, other than those paid under section	6893
507.09 of the Revised Code, paid as sole compensation for personal	6894
services and fees and commissions for special services over and	6895
above services for which the contributor receives a salary;	6896

(b) Amounts paid by the employer to provide life insurance,	6897
sickness, accident, endowment, health, medical, hospital, dental,	6898
or surgical coverage, or other insurance for the contributor or	6899
the contributor's family, or amounts paid by the employer to the	6900
contributor in lieu of providing the insurance;	6901

(c) Incidental benefits, including lodging, food, laundry,	6902
parking, or services furnished by the employer, or use of the	6903
employer's property or equipment, or amounts paid by the employer	6904
to the contributor in lieu of providing the incidental benefits;	6905

(d) Reimbursement for job-related expenses authorized by the	6906
employer, including moving and travel expenses and expenses	6907
related to professional development;	6908

(e) Payments for accrued but unused sick leave, personal	6909
leave, or vacation that are made at any time other than in the	6910
year in which the sick leave, personal leave, or vacation was	6911
accrued;	6912

(f) Payments made to or on behalf of a contributor that are	6913
in excess of the annual compensation that may be taken into	6914
account by the retirement system under division (a)(17) of section	6915
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	6916
U.S.C.A. 401(a)(17), as amended;	6917

(g) Payments made under division (B), (C), or (E) of section	6918
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	6919
No. 3 of the 119th general assembly, Section 3 of Amended	6920
Substitute Senate Bill No. 164 of the 124th general assembly, or	6921
Amended Substitute House Bill No. 405 of the 124th general	6922
assembly;	6923

(h) Anything of value received by the contributor that is	6924
based on or attributable to retirement or an agreement to retire,	6925
except that payments made on or before January 1, 1989, that are	6926
based on or attributable to an agreement to retire shall be	6927
included in earnable salary if both of the following apply:	6928

(i) The payments are made in accordance with contract	6929
provisions that were in effect prior to January 1, 1986;	6930

(ii) The employer pays the retirement system an amount	6931
specified by the retirement board equal to the additional	6932
liability resulting from the payments.	6933

(3) The retirement board shall determine by rule whether any	6934
compensation not enumerated in division (R) of this section is	6935
earnable salary, and its decision shall be final.	6936

(S) "Pension reserve" means the present value, computed upon	6937
the basis of the mortality and other tables adopted by the board,	6938
of all payments to be made on account of any retirement allowance	6939
or benefit in lieu of any retirement allowance, granted to a	6940
member or beneficiary under this chapter.	6941

(T)(1) "Contributing service" means all service credited to a	6942
member of the system since January 1, 1935, for which	6943
contributions are made as required by sections 145.47, 145.48, and	6944
145.483 of the Revised Code. In any year subsequent to 1934,	6945
credit for any service shall be allowed by the following formula:	6946

(a) For each month for which the member's earnable salary is	6947
two hundred fifty dollars or more, allow one month's credit.	6948

(b) For each month for which the member's earnable salary is	6949
less than two hundred fifty dollars, allow a fraction of a month's	6950
credit. The numerator of this fraction shall be the earnable	6951
salary during the month, and the denominator shall be two hundred	6952
fifty dollars, except that if the member's annual earnable salary	6953
is less than six hundred dollars, the member's credit shall not be	6954
reduced below twenty per cent of a year for a calendar year of	6955
employment during which the member worked each month. Division	6956
(T)(1)(b) of this section shall not reduce any credit earned	6957
before January 1, 1985.	6958

(2) Notwithstanding division (T)(1) of this section, an	6959
elected official who prior to January 1, 1980, was granted a full	6960
year of credit for each year of service as an elected official	6961
shall be considered to have earned a full year of credit for each	6962
year of service regardless of whether the service was full-time or	6963
part-time. The public employees retirement board has no authority	6964
to reduce the credit.	6965

(U) "State retirement board" means the public employees	6966
retirement board, the school employees retirement board, or the	6967
state teachers retirement board.	6968

(V) "Retirant" means any former member who retires and is	6969
receiving a monthly allowance as provided in sections 145.32,	6970
145.33, 145.331, 145.34, and 145.46 of the Revised Code.	6971

(W) "Employer contribution" means the amount paid by an	6972
employer as determined under section 145.48 of the Revised Code.	6973

(X) "Public service terminates" means the last day for which	6974
a public employee is compensated for services performed for an	6975
employer or the date of the employee's death, whichever occurs	6976
first.	6977

(Y) When a member has been elected or appointed to an office,	6978
the term of which is two or more years, for which an annual salary	6979
is established, and in the event that the salary of the office is	6980
increased and the member is denied the additional salary by reason	6981
of any constitutional provision prohibiting an increase in salary	6982
during a term of office, the member may elect to have the amount	6983
of the member's contributions calculated upon the basis of the	6984
increased salary for the office. At the member's request, the	6985
board shall compute the total additional amount the member would	6986
have contributed, or the amount by which each of the member's	6987
contributions would have increased, had the member received the	6988
increased salary for the office the member holds. If the member	6989
elects to have the amount by which the member's contribution would	6990
have increased withheld from the member's salary, the member shall	6991
notify the employer, and the employer shall make the withholding	6992
and transmit it to the retirement system. A member who has not	6993
elected to have that amount withheld may elect at any time to make	6994
a payment to the retirement system equal to the additional amount	6995
the member's contribution would have increased, plus interest on	6996
that contribution, compounded annually at a rate established by	6997
the board and computed from the date on which the last	6998
contribution would have been withheld from the member's salary to	6999
the date of payment. A member may make a payment for part of the	7000
period for which the increased contribution was not withheld, in	7001
which case the interest shall be computed from the date the last	7002
contribution would have been withheld for the period for which the	7003
payment is made. Upon the payment of the increased contributions	7004
as provided in this division, the increased annual salary as	7005
provided by law for the office for the period for which the member	7006
paid increased contributions thereon shall be used in determining	7007
the member's earnable salary for the purpose of computing the	7008
member's final average salary.	7009

(Z) "Five years of service credit," for the exclusive purpose	7010
of satisfying the service credit requirements and of determining	7011
eligibility for benefits under section 145.33 of the Revised Code,	7012
means employment covered under this chapter or under a former	7013
retirement plan operated, recognized, or endorsed by the employer	7014
prior to coverage under this chapter or under a combination of the	7015
coverage.	7016

(AA) "Deputy sheriff" means any person who is commissioned	7017
and employed as a full-time peace officer by the sheriff of any	7018
county, and has been so employed since on or before December 31,	7019
1965, and whose primary duties are to preserve the peace, to	7020
protect life and property, and to enforce the laws of this state;	7021
any person who is or has been commissioned and employed as a peace	7022
officer by the sheriff of any county since January 1, 1966, and	7023
who has received a certificate attesting to the person's	7024
satisfactory completion of the peace officer training school as	7025
required by section 109.77 of the Revised Code and whose primary	7026
duties are to preserve the peace, protect life and property, and	7027
enforce the laws of this state; or any person deputized by the	7028
sheriff of any county and employed pursuant to section 2301.12 of	7029
the Revised Code as a criminal bailiff or court constable who has	7030
received a certificate attesting to the person's satisfactory	7031
completion of the peace officer training school as required by	7032
section 109.77 of the Revised Code and whose primary duties are to	7033
preserve the peace, protect life and property, and enforce the	7034
laws of this state.	7035

(BB) "Township constable or police officer in a township	7036
police department or district" means any person who is	7037
commissioned and employed as a full-time peace officer pursuant to	7038
Chapter 505. or 509. of the Revised Code, who has received a	7039
certificate attesting to the person's satisfactory completion of	7040
the peace officer training school as required by section 109.77 of	7041
the Revised Code, and whose primary duties are to preserve the	7042
peace, protect life and property, and enforce the laws of this	7043
state.	7044

(CC) "Drug agent" means any person who is either of the	7045
following:	7046

(1) Employed full-time as a narcotics agent by a county	7047
narcotics agency created pursuant to section 307.15 of the Revised	7048
Code and has received a certificate attesting to the satisfactory	7049
completion of the peace officer training school as required by	7050
section 109.77 of the Revised Code;	7051

(2) Employed full-time as an undercover drug agent as defined	7052
in section 109.79 of the Revised Code and is in compliance with	7053
section 109.77 of the Revised Code.	7054

(DD) "Department of public safety enforcement agent" means a	7055
full-time employee of the department of public safety who is	7056
designated under section 5502.14 of the Revised Code as an	7057
enforcement agent and who is in compliance with section 109.77 of	7058
the Revised Code.	7059

(EE) "Natural resources law enforcement staff officer" means	7060
a full-time employee of the department of natural resources who is	7061
designated a natural resources law enforcement staff officer under	7062
section 1501.013 of the Revised Code and is in compliance with	7063
section 109.77 of the Revised Code.	7064

(FF) "Park officer" means a full-time employee of the	7065
department of natural resources who is designated a park officer	7066
under section 1541.10 of the Revised Code and is in compliance	7067
with section 109.77 of the Revised Code.	7068

(GG) "Forest officer" means a full-time employee of the	7069
department of natural resources who is designated a forest officer	7070
under section 1503.29 of the Revised Code and is in compliance	7071
with section 109.77 of the Revised Code.	7072

(HH) "Preserve officer" means a full-time employee of the	7073
department of natural resources who is designated a preserve	7074
officer under section 1517.10 of the Revised Code and is in	7075
compliance with section 109.77 of the Revised Code.	7076

(II) "Wildlife officer" means a full-time employee of the	7077
department of natural resources who is designated a wildlife	7078
officer under section 1531.13 of the Revised Code and is in	7079
compliance with section 109.77 of the Revised Code.	7080

(JJ) "State watercraft officer" means a full-time employee of	7081
the department of natural resources who is designated a state	7082
watercraft officer under section 1547.521 of the Revised Code and	7083
is in compliance with section 109.77 of the Revised Code.	7084

(KK) "Park district police officer" means a full-time	7085
employee of a park district who is designated pursuant to section	7086
511.232 or 1545.13 of the Revised Code and is in compliance with	7087
section 109.77 of the Revised Code.	7088

(LL) "Conservancy district officer" means a full-time	7089
employee of a conservancy district who is designated pursuant to	7090
section 6101.75 of the Revised Code and is in compliance with	7091
section 109.77 of the Revised Code.	7092

(MM) "Municipal police officer" means a member of the	7093
organized police department of a municipal corporation who is	7094
employed full-time, is in compliance with section 109.77 of the	7095
Revised Code, and is not a member of the Ohio police and fire	7096
pension fund.	7097

(NN) "Veterans' home police officer" means any person who is	7098
employed at a veterans' home as a police officer pursuant to	7099
section 5907.02 of the Revised Code and is in compliance with	7100
section 109.77 of the Revised Code.	7101

(OO) "Special police officer for a mental health institution"	7102
means any person who is designated as such pursuant to section	7103
5119.14 of the Revised Code and is in compliance with section	7104
109.77 of the Revised Code.	7105

(PP) "Special police officer for an institution for the	7106
mentally retarded and developmentally disabled" means any person	7107
who is designated as such pursuant to section 5123.13 of the	7108
Revised Code and is in compliance with section 109.77 of the	7109
Revised Code.	7110

(QQ) "State university law enforcement officer" means any	7111
person who is employed full-time as a state university law	7112
enforcement officer pursuant to section 3345.04 of the Revised	7113
Code and who is in compliance with section 109.77 of the Revised	7114
Code.	7115

(RR) "House sergeant at arms" means any person appointed by	7116
the speaker of the house of representatives under division (B)(1)	7117
of section 101.311 of the Revised Code who has arrest authority	7118
under division (E)(1) of that section.	7119

(SS) "Assistant house sergeant at arms" means any person	7120
appointed by the house sergeant at arms under division (C)(1) of	7121
section 101.311 of the Revised Code.	7122

(TT) "Regional transit authority police officer" means a	7123
person who is employed full time as a regional transit authority	7124
police officer under division (Y) of section 306.35 of the Revised	7125
Code and is in compliance with section 109.77 of the Revised Code.	7126

(UU) "State highway patrol police officer" means a special	7127
police officer employed full time and designated by the	7128
superintendent of the state highway patrol pursuant to section	7129
5503.09 of the Revised Code or a person serving full time as a	7130
special police officer pursuant to that section on a permanent	7131
basis on October 21, 1997, who is in compliance with section	7132
109.77 of the Revised Code.	7133

(VV) "Municipal public safety director" means a person who	7134
serves full-time as the public safety director of a municipal	7135
corporation with the duty of directing the activities of the	7136
municipal corporation's police department and fire department.	7137

(WW) Notwithstanding section 2901.01 of the Revised Code,	7138
"PERS law enforcement officer" means a sheriff, deputy sheriff,	7139
township constable or police officer in a township police	7140
department or district, drug agent, municipal public safety	7141
director, department of public safety enforcement agent, natural	7142
resources law enforcement staff officer, park officer, forest	7143
officer, preserve officer, wildlife officer, state watercraft	7144
officer, park district police officer, conservancy district	7145
officer, veterans' home police officer, special police officer for	7146
a mental health institution, special police officer for an	7147
institution for the mentally retarded and developmentally	7148
disabled, state university law enforcement officer, municipal	7149
police officer, house sergeant at arms, assistant house sergeant	7150
at arms, regional transit authority police officer, or state	7151
highway patrol police officer.	7152

~~(WW)~~(XX) "Hamilton county municipal court bailiff" means a	7153
person appointed by the clerk of courts of the Hamilton county	7154
municipal court under division (A)(3) of section 1901.32 of the	7155
Revised Code who is employed full time as a bailiff or deputy	7156
bailiff, who has received a certificate attesting to the person's	7157
satisfactory completion of the peace officer basic training	7158
described in division (D)(1) of section 109.77 of the Revised	7159
Code, and whose primary duties are to preserve the peace, to	7160
protect life and property, and to enforce the laws of this state.	7161

~~(XX)~~(YY) "Fiduciary" means a person who does any of the	7162
following:	7163

(1) Exercises any discretionary authority or control with	7164
respect to the management of the system or with respect to the	7165
management or disposition of its assets;	7166

(2) Renders investment advice for a fee, direct or indirect,	7167
with respect to money or property of the system;	7168

(3) Has any discretionary authority or responsibility in the	7169
administration of the system.	7170

~~(YY)~~(ZZ) "Actuary" means an individual who satisfies all of	7171
the following requirements:	7172

(1) Is a member of the American academy of actuaries;

7173

(2) Is an associate or fellow of the society of actuaries;

7174

(3) Has a minimum of five years' experience in providing	7175
actuarial services to public retirement plans.	7176

~~(ZZ)~~(AAA) "PERS defined benefit plan" means the plan	7177
described in sections 145.201 to 145.79 of the Revised Code.	7178

~~(AAA)~~(BBB) "PERS defined contribution plans" means the plan	7179
or plans established under section 145.81 of the Revised Code.	7180

Sec. 145.33. (A) Except as provided in division (B) or (C)	7181
of this section, a member with at least five years of total	7182
service credit who has attained age sixty, or who has thirty years	7183
of total Ohio service credit, may apply for age and service	7184
retirement, which shall consist of:	7185

(1) An annuity having a reserve equal to the amount of the	7186
member's accumulated contributions at that time;	7187

(2) A pension equal to the annuity provided by division	7188
(A)(1) of this section;	7189

(3) An additional pension, if the member can qualify for	7190
prior service, equal to forty dollars multiplied by the number of	7191
years, and fraction thereof, of such prior and military service	7192
credit;	7193

(4) A basic annual pension equal to one hundred eighty	7194
dollars if the member has ten or more years of total service	7195
credit as of October 1, 1956, except that the basic annual pension	7196
shall not exceed the sum of the annual benefits provided by	7197
divisions (A)(1), (2), and (3) of this section.	7198

(5) When a member retires on age and service retirement, the	7199
member's total annual single lifetime allowance, including the	7200
allowances provided in divisions (A)(1), (2), (3), and (4) of this	7201
section, shall be not less than a base amount adjusted in	7202
accordance with division (A)(5) of this section and determined by	7203
multiplying the member's total service credit by the greater of	7204
the following:	7205

(a) Eighty-six dollars;

7206

(b) Two and two-tenths per cent of the member's final average	7207
salary for each of the first thirty years of service plus two and	7208
one-half per cent of the member's final average salary for each	7209
subsequent year of service.	7210

The allowance shall be adjusted by the factors of attained	7211
age or years of service to provide the greater amount as	7212
determined by the following schedule:	7213

		Years of	Percentage	7214
Attained	or	Total Service	of	7215
Birthday		Credit	Base Amount	7216

58	25	75	7217
59	26	80	7218
60	27	85	7219
61		88	7220
	28	90	7221
62		91	7222
63		94	7223
	29	95	7224
64		97	7225
65	30 or more	100	7226

Members shall vest the right to a benefit in accordance with	7227
the following schedule, based on the member's attained age by	7228
September 1, 1976:	7229

	Percentage	7230
Attained	of	7231
Birthday	Base Amount	7232
66	102	7233
67	104	7234
68	106	7235
69	108	7236
70 or more	110	7237

(6) The total annual single lifetime allowance that a member	7238
shall receive under division (A)(5) of this section shall not	7239
exceed the lesser of one hundred per cent of the member's final	7240
average salary or the limit established by section 415 of the	7241
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,	7242
as amended.	7243

(B)(1) For the purposes of divisions (B) to (G) of this	7244
section, "total service credit as a PERS law enforcement officer"	7245
and "total service credit as a Hamilton county municipal court	7246
bailiff" include credit for military service to the extent	7247
permitted by division (E)(2) of this section and credit for	7248
service as a police officer or state highway patrol trooper to the	7249
extent permitted by divisions (E)(3) and (4) of this section.	7250

(2) A member who meets the conditions in division (B)(2)(a),	7251
(b), (c), or (d) of this section may apply for an age and service	7252
retirement benefit under this division:	7253

(a) The member has attained age forty-eight and has at least	7254
twenty-five years of total service credit as a PERS law	7255
enforcement officer whose primary duties were to preserve the	7256
peace, protect life and property, and enforce the laws in the	7257
member's jurisdiction;	7258

(b) The member has attained age fifty-two, and has at least	7259
twenty-five years of total service credit as a PERS law	7260
enforcement officer, but the member's primary duties were other	7261
than to preserve the peace, protect life and property, and enforce	7262
the laws in the member's jurisdiction;	7263

(c) The member has attained age fifty-two and has at least	7264
twenty-five years of total service as a Hamilton county municipal	7265
court bailiff;	7266

(d) The member has attained age sixty-two and has at least	7267
fifteen years of total service credit as either of the following:	7268

(i) A PERS law enforcement officer;

7269

(ii) A Hamilton county municipal court bailiff.

7270

(3) A benefit paid under division (B)(2) of this section	7271
shall consist of an annual single lifetime allowance equal to the	7272
sum of two and one-half per cent of the member's final average	7273
salary multiplied by the first twenty-five years of the member's	7274
total service plus two and one-tenth per cent of the member's	7275
final average salary multiplied by the number of years of the	7276
member's total service credit in excess of twenty-five years.	7277

(4) A member with at least fifteen years of total service	7278
credit as a PERS law enforcement officer or Hamilton county	7279
municipal court bailiff who voluntarily resigns or is discharged	7280
for any reason except death, dishonesty, cowardice, intemperate	7281
habits, or conviction of a felony may apply for an age and service	7282
retirement benefit, which shall consist of an annual single	7283
lifetime allowance equal to one and one-half per cent of the	7284
member's final average salary multiplied by the number of years of	7285
the member's total service credit. The allowance shall commence on	7286
the first day of the calendar month following the month in which	7287
the application is filed with the public employees retirement	7288
board on or after the attainment by the applicant of age	7289
fifty-two.	7290

(C)(1) A member with at least twenty-five years of total	7291
service credit who would be eligible to retire under division	7292
(B)(2)(b) or (c) of this section had the member attained age	7293
fifty-two and who voluntarily resigns or is discharged for any	7294
reason except death, dishonesty, cowardice, intemperate habits, or	7295
conviction of a felony, on or after the date of attaining	7296
forty-eight years of age, but before the date of attaining	7297
fifty-two years of age, may elect to receive a reduced benefit as	7298
determined by the following schedule:	7299

Attained Age

Reduced Benefit

7300

48	75% of the benefit payable under	7301
	division (B)(3) of this section	7302
49	80% of the benefit payable under	7303
	division (B)(3) of this section	7304
50	86% of the benefit payable under	7305
	division (B)(3) of this section	7306
51	93% of the benefit payable under	7307
	division (B)(3) of this section	7308

(2) If a member elects to receive a reduced benefit after	7309
attaining age forty-eight the reduced benefit is payable from the	7310
later of the date of the member's most recent birthday or the date	7311
the member becomes eligible to receive the reduced benefit.	7312

(3) Once a member elects to receive a reduced benefit	7313
determined by the schedule in division (C)(1) of this section and	7314
has received a payment, the member may not reelect to change that	7315
election.	7316

(4) If a member who has resigned or been discharged has left	7317
on deposit the member's accumulated contributions in the	7318
employees' savings fund and has not elected to receive a reduced	7319
benefit determined by the schedule in division (C)(1) of this	7320
section, upon attaining fifty-two years of age, the member shall	7321
be entitled to receive a benefit computed and paid under division	7322
(B)(3) of this section.	7323

(D) A benefit paid under division (B) or (C) of this section	7324
shall not exceed the lesser of ninety per cent of the member's	7325
final average salary or the limit established by section 415 of	7326
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	7327
415, as amended.	7328

(E)(1) A member with service credit as a PERS law enforcement	7329
officer or a Hamilton county municipal court bailiff and other	7330
service credit under this chapter may elect one of the following:	7331

(a) To have all the member's service credit under this	7332
chapter, including credit for service as a PERS law enforcement	7333
officer or Hamilton county municipal court bailiff, used in	7334
calculating a retirement allowance under division (A) of this	7335
section if the member qualifies for an allowance under that	7336
division;	7337

(b) If the member qualifies for an allowance under division	7338
(B) or (C) of this section, to have the member's service credit as	7339
a PERS law enforcement officer or Hamilton county municipal court	7340
bailiff used in calculating a benefit under the appropriate	7341
division and the member's credit for all service other than PERS	7342
law enforcement service or service as a Hamilton county municipal	7343
court bailiff under this chapter used in calculating a benefit	7344
consisting of a single life annuity having a reserve equal to the	7345
amount of the member's accumulated contributions and an equal	7346
amount of the employer's contributions.	7347

(2) Notwithstanding sections 145.01 and 145.30 of the Revised	7348
Code, no more than four years of military service credit granted	7349
under section 145.30 of the Revised Code and five years of	7350
military service credit purchased under section 145.301 or 145.302	7351
of the Revised Code shall be used in calculating service as a PERS	7352
law enforcement officer or Hamilton county municipal court bailiff	7353
or the total service credit of that person.	7354

(3) Only credit for the member's service as a PERS law	7355
enforcement officer or service credit obtained as a police officer	7356
or state highway patrol trooper shall be used in computing the	7357
benefit of a member who qualifies for a benefit under division	7358
(B)(2)(a), (b), or (d)(ii) or (4) or division (C) of this section	7359
for the following:	7360

(a) Any person who originally is commissioned and employed as	7361
a deputy sheriff by the sheriff of any county, or who originally	7362
is elected sheriff, on or after January 1, 1975;	7363

(b) Any deputy sheriff who originally is employed as a	7364
criminal bailiff or court constable on or after April 16, 1993;	7365

(c) Any person who originally is appointed as a township	7366
constable or police officer in a township police department or	7367
district on or after January 1, 1981;	7368

(d) Any person who originally is employed as a county	7369
narcotics agent on or after September 26, 1984;	7370

(e) Any person who originally is employed as an undercover	7371
drug agent as defined in section 109.79 of the Revised Code,	7372
department of public safety enforcement agent who prior to June	7373
30, 1999, was a liquor control investigator, park officer, forest	7374
officer, wildlife officer, state watercraft officer, park district	7375
police officer, conservancy district officer, veterans' home	7376
police officer, special police officer for a mental health	7377
institution, special police officer for an institution for the	7378
mentally retarded and developmentally disabled, or municipal	7379
police officer on or after December 15, 1988;	7380

(f) Any person who originally is employed as a state	7381
university law enforcement officer on or after November 6, 1996;	7382

(g) Any person who is originally employed as a state	7383
university law enforcement officer by the university of Akron on	7384
or after September 16, 1998;	7385

(h) Any person who originally is employed as a preserve	7386
officer on or after March 18, 1999;	7387

(i) Any person who originally is employed as a natural	7388
resources law enforcement staff officer on or after March 18,	7389
1999;	7390

(j) Any person who is originally employed as a department of	7391
public safety enforcement agent on or after June 30, 1999;	7392

(k) Any person who is originally employed as a house sergeant	7393
at arms or assistant house sergeant at arms on or after September	7394
5, 2001;	7395

(l) Any person who is originally appointed as a regional	7396
transit authority police officer or state highway patrol police	7397
officer on or after February 1, 2002;	7398

(m) Any person who is originally employed as a municipal	7399
public safety director on or after the effective date of this	7400
amendment.	7401

(4) Only credit for a member's service as a Hamilton county	7402
municipal court bailiff or service credit obtained as a PERS law	7403
enforcement officer, police officer, or state highway patrol	7404
trooper shall be used in computing the benefit of a member who	7405
qualifies for a benefit under division (B)(2)(c) or (d)(ii) or (4)	7406
or division (C) of this section for any person who originally is	7407
employed as a Hamilton county municipal court bailiff on or after	7408
November 6, 1996.	7409

(F) Retirement allowances determined under this section shall	7410
be paid as provided in section 145.46 of the Revised Code.	7411

(G) For the purposes of this section, service prior to June	7412
30, 1999, as a food stamp trafficking agent under former section	7413
5502.14 of the Revised Code shall be considered service as a law	7414
enforcement officer.	7415

Sec. 147.05. (A) Before entering upon the duties of the	7416
office of notary public, a notary public shall leave the notary	7417
public's commission with the oath endorsed on the commission with	7418
the clerk of the court of common pleas of the county in which the	7419
notary public resides. The clerk shall record the commission in a	7420
book kept for that purpose. The clerk shall endorse on the margin	7421
of the record and on the back of the commission the time that the	7422
clerk received the commission for record and make a proper index	7423
to all commissions so recorded. For recording and indexing a	7424
commission, the fee of the clerk shall be as provided in division	7425
(R) of section 2303.20 of the Revised Code.	7426

(B) The secretary of state shall maintain a record of the	7427
commissions of each notary public appointed and commissioned by	7428
the secretary of state under this chapter and make a proper index	7429
to that record.	7430

The governor's office shall transfer to the secretary of	7431
state's office, on or after ~~the effective date of this amendment~~	7432
June 6, 2001, the record of notaries public formerly kept by the	7433
governor's office under section 107.10 of the Revised Code. The	7434
secretary of state's office shall maintain that record together	7435
with the record and index of commissions of notaries public	7436
required by this division.	7437

(C) If a notary public legally changes the notary public's	7438
name or address after having been commissioned as a notary public,	7439
the notary public shall notify the secretary of state and the	7440
appropriate clerk of courts within thirty days after the name or	7441
address change. Notification to the secretary of state shall be on	7442
a form prescribed by the secretary of state.	7443

(D) A notary, other than an attorney, who resigns the	7444
person's commission shall deliver to the secretary of state, on a	7445
form prescribed by the secretary of state, a written notice	7446
indicating the effective date of resignation.	7447

Sec. 147.10. No notary public shall do or perform any act as	7448
a notary public knowing that ~~his~~the notary public's term of	7449
office has expired or that the notary public has resigned the	7450
notary public's commission.	7451

Sec. 147.11. A person appointed notary public who performs	7452
any act as such after the expiration of ~~his~~the person's term of	7453
office or after the person resigns the person's commission,	7454
knowing that ~~his~~the person's term has expired or that the person	7455
has resigned, shall forfeit not more than five hundred dollars, to	7456
be recovered by an action in the name of the state. Such act shall	7457
render ~~such~~the person ineligible for reappointment.	7458

Sec. 147.12. An official act done by a notary public after	7459
the expiration of ~~his~~the notary public's term of office or after	7460
the notary public resigns the notary public's commission is as	7461
valid as if done during ~~his~~the notary public's term of office.	7462

Sec. 147.371. (A) Upon receipt of a fee of two dollars and an	7463
affidavit that the original commission of a notary public has been	7464
lost or destroyed, a duplicate commission as notary public shall	7465
be issued by the secretary of state.	7466

(B) Upon receipt of a fee of two dollars and the properly	7467
completed, prescribed form for a name and address change under	7468
division (C) of section 147.05 of the Revised Code, the secretary	7469
of state shall issue a duplicate commission as a notary public.	7470

Sec. 150.07. (A) For the purpose stated in section 150.01 of	7471
the Revised Code, the authority may authorize a lender to claim	7472
one of the tax credits allowed under section 5707.031, 5725.19,	7473
5727.241, 5729.08, 5733.49, or 5747.80 of the Revised Code. The	7474
credits shall be authorized by a written contract with the lender.	7475
The contract shall specify the terms under which the lender may	7476
claim the credit, including the amount of loss, if any, the lender	7477
must incur before the lender may claim the credit; specify that	7478
the credit shall not exceed the amount of the loss; and specify	7479
that the lender may claim the credit only for a loss certified by	7480
a program administrator to the authority under the procedures	7481
prescribed under division (B)(6) of section 150.05 of the Revised	7482
Code.	7483

(B) Tax credits may be authorized at any time after the	7484
authority establishes the investment policy under section 150.03	7485
of the Revised Code, but a tax credit so authorized may not be	7486
claimed until the beginning of the fifth year after the authority	7487
establishes the investment policy. A tax credit may not be claimed	7488
after June 30, 2026.	7489

(C) Upon receiving certification of a lender's loss from a	7490
program administrator pursuant to the procedures in the investment	7491
policy, the authority shall issue a tax credit certificate to the	7492
lender, except as otherwise provided in division (D) of this	7493
section. The authority shall not issue a certificate until the	7494
lender, in the manner prescribed by the authority, elects to	7495
receive a refundable or nonrefundable tax credit. The election,	7496
once made, is irrevocable. The certificate shall state the amount	7497
of the credit, whether the credit is refundable or nonrefundable,	7498
and the calendar year, under section 5707.031, 5725.19, 5727.241,	7499
or 5729.08, the tax year, under section 5733.49, or the taxable	7500
year under section 5747.80 of the Revised Code, for which the	7501
credit may be claimed. The authority, in conjunction with the tax	7502
commissioner, shall develop a system for issuing tax credit	7503
certificates for the purpose of verifying that any credit claimed	7504
is a credit issued under this section and is properly taken in the	7505
year specified in the certificate and in compliance with division	7506
(B) of this section.	7507

(D) The authority shall not, in any fiscal year, issue tax	7508
credit certificates in a total amount exceeding twenty million	7509
dollars.	7510

Sec. 150.10. (A) On the first day of January of the second	7511
year after the date of entering into an agreement under section	7512
150.05 of the Revised Code and of each ensuing year, the authority	7513
shall file with the clerk of the house of representatives, the	7514
clerk of the senate, and the chairpersons of the house and senate	7515
standing committees predominantly concerned with economic	7516
development a written report on the Ohio venture capital program.	7517
The report shall include all the following:	7518

(1) A description of the details of the investment policy	7519
established or modified in accordance with sections 150.03 and	7520
150.04 of the Revised Code;	7521

(2) The authority's assessment of the program's achievement	7522
of its purpose stated in section 150.01 of the Revised Code;	7523

(3) The value of tax credit certificates issued by the	7524
authority under section 150.07 of the Revised Code in each fiscal	7525
year ending on or before the preceding thirtieth day of June;	7526

(4) The amount of tax credits claimed pursuant to section	7527
5707.031, 5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the	7528
Revised Code, as to the respective taxes involved;	7529

(5) The financial status of the Ohio venture capital fund;

7530

(6) The names of venture capital funds in which money from	7531
the program fund has been invested and the locations of their	7532
principal offices, and the names of the enterprises in which each	7533
of those venture capital funds has invested such money and the	7534
locations of those enterprises' principal offices;	7535

(7) Any recommendations for modifying the program to better	7536
achieve the purpose stated in section 150.01 of the Revised Code.	7537

(B) During each year that a report is issued under division	7538
(A) of this section, the chairperson of the authority, or another	7539
member of the authority designated by the chairperson as the	7540
authority's representative, shall be required to appear in person	7541
before the standing committees of the house and senate	7542
predominantly concerned with economic development to give	7543
testimony concerning the status of the Ohio venture capital	7544
program.	7545

Sec. 153.44. Before work is done or material furnished, ~~all~~	7546
~~contracts~~the board of county commissioners shall submit each	7547
contract that ~~exceed~~exceeds one thousand dollars in amount ~~shall~~	7548
~~be submitted by the board of county commissioners~~ to the	7549
prosecuting attorney of the county. If ~~found by him~~the	7550
prosecuting attorney finds the contract to be in accordance with	7551
~~sections 153.01 to 153.60, inclusive, of the Revised Code~~this	7552
chapter, and ~~his~~the prosecuting attorney's certificate to that	7553
effect is ~~indorsed thereon~~endorsed on the contract, ~~such~~	7554
~~contracts~~the contract shall have full force and effect~~, otherwise~~	7555
~~they shall be void~~.	7556

Sec. 153.692. Upon the selection of a professional design	7557
firm pursuant to sections 153.65 to 153.71 of the Revised Code,	7558
the public authority shall submit the awarded contract for design	7559
services to its legal counsel. If the legal counsel determines	7560
that the contract was awarded in accordance with those sections,	7561
and the legal counsel's certificate to that effect is endorsed on	7562
the contract, the contract shall have full force and effect.	7563

Sec. 173.39. As used in sections 173.39 to 173.397 of the	7564
Revised Code, "community-based long-term care services" has the	7565
same meaning as in section 173.14 of the Revised Code.	7566

The department of aging may not pay a person or government	7567
entity for providing community-based long-term care services under	7568
a program the department administers unless the person or	7569
government entity is certified under section 173.391 of the	7570
Revised Code, contracts with the department or the department's	7571
designee to provide the services, and provides the services.	7572

Sec. 173.391. The department of aging or its designee shall	7573
do all of the following in accordance with Chapter 119. of the	7574
Revised Code:	7575

(A) Certify a person or government entity to provide	7576
community-based long-term care services under a program the	7577
department administers if the person or government entity	7578
satisfies the requirements for certification established by rules	7579
adopted under section 173.393 of the Revised Code and pays the	7580
certification fee established in those rules;	7581

(B) When required to do so by rules adopted under section	7582
173.393 of the Revised Code, take one or more of the following	7583
disciplinary actions against a person or government entity issued	7584
a certificate under division (A) of this section:	7585

(1) Issue a written warning;

7586

(2) Require the submission of a plan of correction;

7587

(3) Suspend referrals;

7588

(4) Remove clients;

7589

(5) Impose a fiscal sanction such as a civil monetary penalty	7590
or an order that unearned funds be repaid;	7591

(6) Revoke the certificate;

7592

(7) Impose another sanction.

7593

(C) Hold hearings when there is a dispute between the	7594
department or its designee and a person or government entity	7595
concerning actions the department or its designee takes or does	7596
not take under division (A) or (B) of this section.	7597

Sec. 173.392. There is hereby created in the state treasury	7598
the community-based long-term care provider certification fund.	7599
All fees collected under section 173.391 of the Revised Code shall	7600
be deposited into the fund. The department of aging shall use the	7601
money in the fund to implement sections 173.39 to 173.397 of the	7602
Revised Code.	7603

Sec. 173.393. The director of aging shall adopt rules under	7604
Chapter 119. of the Revised Code concerning all of the following:	7605

(A) Requirements a person or government entity must satisfy	7606
to obtain a certificate under section 173.391 of the Revised Code;	7607

(B) The fee for obtaining the certificate;

7608

(C) Procedures for ensuring that PASSPORT agencies, as	7609
defined in section 173.41 of the Revised Code, comply with that	7610
section;	7611

(D) Procedures for evaluating the services provided by	7612
persons and government entities seeking or holding the certificate	7613
to ensure that the services are provided in a quality manner	7614
advantageous to the individual receiving the services;	7615

(E) Procedures for determining when to take disciplinary	7616
action under division (B) of section 173.391 of the Revised Code	7617
and which disciplinary action to take;	7618

(F) Contracts between the department of aging, or the	7619
department's designee, and persons and government entities	7620
regarding community-based long-term care services provided under a	7621
program the department administers;	7622

(G) The department's payment for community-based long-term	7623
care services provided under a contract described in division (F)	7624
of this section.	7625

Sec. 173.394. The rules adopted under division (B) of	7626
section 173.393 of the Revised Code shall provide for the fee to	7627
be an amount that enables the department of aging to collect	7628
enough revenue to cover all of the department's costs of	7629
implementing sections 173.39 to 173.397 of the Revised Code.	7630

Sec. 173.395. The procedures established in rules adopted	7631
under division (D) of section 173.393 of the Revised Code shall	7632
require that all of the following be considered as part of an	7633
evaluation:	7634

(A) The service provider's experience and financial	7635
responsibility;	7636

(B) The service provider's ability to comply with standards	7637
for the community-based long-term care services that the provider	7638
provides under a program the department of aging administers;	7639

(C) The service provider's ability to meet the needs of the	7640
individuals served;	7641

(D) Any other factor the director of aging considers	7642
relevant.	7643

Sec. 173.396. The rules adopted under division (E) of section	7644
173.393 of the Revised Code shall specify that the reasons	7645
disciplinary action may be taken under division (B) of section	7646
173.391 of the Revised Code include good cause, including	7647
misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect,	7648
financial irresponsibility, or other conduct the director of aging	7649
determines is injurious to the health or safety of individuals	7650
being served.	7651

Sec. 173.397. The records of an evaluation conducted in	7652
accordance with rules adopted under division (D) of section	7653
173.393 of the Revised Code are public records for purposes of	7654
section 149.43 of the Revised Code and shall be made available on	7655
request of any person, including individuals receiving or seeking	7656
community-based long-term care services under a program the	7657
department of aging administers.	7658

Sec. 173.40. There is hereby created a medicaid waiver	7659
component ~~of the medicaid program established under Chapter 5111.~~,	7660
as defined in section 5111.85 of the Revised Code, to be known as	7661
the preadmission screening system providing options and resources	7662
today program, or PASSPORT. The PASSPORT program shall provide	7663
home and community-based services as an alternative to nursing	7664
facility placement for aged and disabled medicaid recipients. The	7665
program shall be operated pursuant to a home and community-based	7666
waiver granted by the United States secretary of health and human	7667
services under section 1915 of the "Social Security Act," 49 Stat.	7668
620 (1935), 42 U.S.C. 1396n, as amended. The department of aging	7669
shall administer the program through a contract entered into with	7670
the department of job and family services under section 5111.91 of	7671
the Revised Code. The ~~directors~~director of ~~aging and~~ job and	7672
family services shall adopt rules under section 5111.85 of the	7673
Revised Code and the director of aging shall adopt rules in	7674
accordance with Chapter 119. of the Revised Code to implement the	7675
program.	7676

~~Sec. 5101.75.~~ Sec. 173.42. (A) As used in ~~sections 5101.75,~~	7677
~~5101.751, 5101.752, 5101.753, and 5101.754 of the Revised Code~~	7678
this section:	7679

(1) "~~Alternative source of long-term care" includes a~~	7680
~~residential care facility licensed under Chapter 3721. of the~~	7681
~~Revised Code, an adult care facility licensed under Chapter 3722.~~	7682
~~of the Revised Code, home and community-based services, and a~~	7683
~~nursing home licensed under Chapter 3721. of the Revised Code that~~	7684
~~is not a nursing facility~~Area agency on aging" means a public or	7685
private nonprofit entity designated under section 173.011 of the	7686
Revised Code to administer programs on behalf of the department of	7687
aging.	7688

(2) "Medicaid" means the medical assistance program	7689
established under Chapter 5111. of the Revised Code.	7690

(3) "Nursing facility" has the same meaning as in section	7691
5111.20 of the Revised Code.	7692

(4) "Representative" means a person acting on behalf of an	7693
~~applicant~~individual seeking information on long-term care	7694
services, applying for admission to a nursing facility, or	7695
residing in a nursing facility. A representative may be a family	7696
member, attorney, hospital social worker, or any other person	7697
chosen to act on behalf of ~~an applicant~~the individual.	7698

~~(5) "Third-party payment source" means a third-party payer as~~	7699
~~defined in section 3901.38 of the Revised Code or medicaid.~~	7700

(B) ~~Effective July 1, 1994, the department of job and family~~	7701
~~services may assess a person applying or intending to apply for~~	7702
~~admission to a nursing facility who is not an applicant for or~~	7703
~~recipient of medicaid to determine whether the person is in need~~	7704
~~of nursing facility services and whether an alternative source of~~	7705
~~long-term care is more appropriate for the person in meeting the~~	7706
~~person's physical, mental, and psychosocial needs than admission~~	7707
~~to the facility to which the person has applied.~~	7708

~~Each assessment shall be performed by the department or an~~	7709
~~agency designated by the department under section 5101.751 of the~~	7710
~~Revised Code and shall be based on information provided by the~~	7711
~~person or the person's representative. It shall consider the~~	7712
~~person's physical, mental, and psychosocial needs and the~~	7713
~~availability and effectiveness of informal support and care. The~~	7714
~~department or designated agency shall determine the person's~~	7715
~~physical, mental, and psychosocial needs by using, to the maximum~~	7716
~~extent appropriate, information from the resident assessment~~	7717
~~instrument specified in rules adopted by the department under~~	7718
~~division (A) of section 5111.231 of the Revised Code. The~~	7719
~~department or designated agency shall also use the criteria and~~	7720
~~procedures established in rules adopted by the department under~~	7721
~~division (I) of this section. Assessments may~~	7722

(1) The department of aging shall develop a long-term care	7723
consultation program whereby individuals or their representatives	7724
are provided with information through professional consultations	7725
about options available to meet long-term care needs and about	7726
factors to consider in making long-term care decisions. Except as	7727
provided in division (B)(2) of this section, the program shall be	7728
administered by the department.	7729

(2) The department may enter into a contract with an area	7730
agency on aging or other entity selected by the department under	7731
which the long-term care consultation program for a particular	7732
area is administered by the area agency on aging or other entity	7733
pursuant to the contract.	7734

(C) The long-term care consultations performed for purposes	7735
of this section shall be performed ~~only~~ by ~~persons~~individuals	7736
certified by the department under section ~~5101.752~~173.43 of the	7737
Revised Code. ~~The department or designated agency shall make a~~	7738
~~recommendation on the basis of the assessment and, not later than~~	7739
~~the time the assessment is required to be performed under division~~	7740
~~(D) of this section, give the person assessed written notice of~~	7741
~~the recommendation, which shall explain the basis for the~~	7742
~~recommendation. If the department or designated agency determines~~	7743
~~pursuant to an assessment that an alternative source of long-term~~	7744
~~care is more appropriate for the person than admission to the~~	7745
~~facility to which the person has applied, the department or~~	7746
~~designated agency shall include in the notice possible sources of~~	7747
~~financial assistance for the alternative source of long-term care.~~	7748
~~If the department or designated agency has been informed that the~~	7749
~~person has a representative, it shall give the notice to the~~	7750
~~representative.~~	7751

~~(C) A person~~(D) The information provided through a long-term	7752
care consultation shall be appropriate to the individual's needs	7753
and situation and shall address all of the following:	7754

(1) The availability of any long-term care options open to	7755
the individual;	7756

(2) Sources and methods of both public and private payment	7757
for long-term care services;	7758

(3) Factors to consider when choosing among the available	7759
programs, services, and benefits;	7760

(4) Opportunities and methods for maximizing independence and	7761
self-reliance, including support services provided by the	7762
individual's family, friends, and community.	7763

(E) An individual's long-term care consultation may include	7764
an assessment of the individual's functional capabilities. The	7765
consultation may incorporate portions of the determinations	7766
required under sections 5111.202, 5119.061, and 5123.021 of the	7767
Revised Code and may be performed concurrently with the assessment	7768
required under section 5111.204 of the Revised Code.	7769

(F)(1) Unless an individual is exempt pursuant to division	7770
(H) of this section from receiving a long-term care consultation,	7771
a long-term care consultation shall be performed for both of the	7772
following:	7773

(a) Each individual who applies or indicates an intention to	7774
apply for admission to a nursing facility, regardless of the	7775
source of payment to be used for the individual's care in the	7776
nursing facility;	7777

(b) Each resident of a nursing facility who applies or	7778
indicates an intention to apply for medicaid.	7779

(2) Long-term care consultations may be performed for nursing	7780
facility residents who have not applied and have not indicated an	7781
intention to apply for medicaid. The purpose of consultations for	7782
these individuals shall be to determine continued need for nursing	7783
facility services, to provide information on alternative services,	7784
and to make referrals to alternative services.	7785

(G)(1) When a long-term care consultation is required to be	7786
performed pursuant to division (F)(1) of this section, the	7787
consultation shall be performed as follows or pursuant to division	7788
(G)(2) or (3) of this section:	7789

(a) If the individual for whom the consultation is being	7790
performed has applied for medicaid and the consultation is being	7791
performed concurrently with the assessment required under section	7792
5111.204 of the Revised Code, the consultation shall be completed	7793
in accordance with the applicable time frames specified in that	7794
section for providing a level of care determination based on the	7795
assessment.	7796

(b) In all other cases, the consultation shall be performed	7797
not later than five calendar days after the department or the	7798
program administrator under contract with the department receives	7799
notice of the reason for which the consultation is required to be	7800
performed pursuant to division (F)(1) of this section.	7801

(2) An individual or the individual's representative may	7802
request that a long-term care consultation be performed on a date	7803
that is later than the date required under division (G)(1)(a) or	7804
(b) of this section.	7805

(3) If a long-term care consultation cannot be completed	7806
within the number of days required by division (G)(1) or (2) of	7807
this section, the department or the program administrator under	7808
contract with the department may do any of the following:	7809

(a) Exempt the individual from the consultation pursuant to	7810
rules that may be adopted under division (K) of this section;	7811

(b) In the case of an applicant for admission to a nursing	7812
facility, perform the consultation after the individual is	7813
admitted to the nursing facility;	7814

(c) In the case of a resident of a nursing facility, perform	7815
the consultation as soon as practicable.	7816

(H) An individual is not required to be ~~assessed~~given a	7817
long-term care consultation under ~~division (B) of~~ this section if	7818
any of the following apply:	7819

(1) The ~~circumstances~~individual or the individual's	7820
representative chooses to forego participation in the consultation	7821
pursuant to criteria specified byin rules adopted under division	7822
~~(I)~~(K) of this section ~~exist.~~;	7823

(2) The ~~person~~individual is to receive care in a nursing	7824
facility under a contract for continuing care as defined in	7825
section 173.13 of the Revised Code.;	7826

(3) The ~~person~~individual has a contractual right to	7827
admission to a nursing facility operated as part of a system of	7828
continuing care in conjunction with one or more facilities that	7829
provide a less intensive level of services, including a	7830
residential care facility licensed under Chapter 3721. of the	7831
Revised Code, an ~~adult-care~~adult care facility licensed under	7832
Chapter 3722. of the Revised Code, or an independent living	7833
arrangement;	7834

(4) The ~~person~~individual is to receive continual care in a	7835
home for the aged exempt from taxation under section 5701.13 of	7836
the Revised Code;	7837

(5) The ~~person is to receive care in the nursing facility for~~	7838
~~not more than fourteen days in order to provide temporary relief~~	7839
~~to the person's primary caregiver and the nursing facility~~	7840
~~notifies the department of the person's admittance not later than~~	7841
~~twenty-four hours after admitting the person~~individual is seeking	7842
admission to a facility that is not a nursing facility with a	7843
provider agreement under section 5111.22 of the Revised Code;	7844

(6) The ~~person~~individual is to be transferred from another	7845
nursing facility ~~, unless the nursing facility from which or to~~	7846
~~which the person is to be transferred determines that the person's~~	7847
~~medical condition has changed substantially since the person's~~	7848
~~admission to the nursing facility from which the person is to be~~	7849
~~transferred or a review is required by a third-party payment~~	7850
~~source~~;	7851

(7) The ~~person~~individual is to be readmitted to a nursing	7852
facility following a period of hospitalization~~, unless the~~	7853
~~hospital or nursing facility determines that the person's medical~~	7854
~~condition has changed substantially since the person's admission~~	7855
~~to the hospital, or a review is required by a third-party payment~~	7856
~~source~~;	7857

(8) The ~~department or designated agency fails to complete an~~	7858
~~assessment within the time required by division (D) or (E) of this~~	7859
~~section or determines after a partial assessment that the person~~	7860
~~should be exempt from the assessment~~individual is exempted from	7861
the long-term care consultation requirement by the department or	7862
the program administrator pursuant to rules that may be adopted	7863
under division (K) of this section.	7864

~~(D) The department or designated agency shall perform a~~	7865
~~complete assessment, or, if circumstances provided by rules~~	7866
~~adopted under division (I) of this section exist, a partial~~	7867
~~assessment, as follows:~~	7868

~~(1) In the case of a hospitalized person applying or~~	7869
~~intending to apply to a nursing facility, not later than two~~	7870
~~working days after the person or the person's representative is~~	7871
~~notified that a bed is available in a nursing facility;~~	7872

~~(2) In the case of an emergency as determined in accordance~~	7873
~~with rules adopted under division (I) of this section, not later~~	7874
~~than one working day after the person or the person's~~	7875
~~representative is notified that a bed is available in a nursing~~	7876
~~facility;~~	7877

~~(3) In all other cases, not later than five calendar days~~	7878
~~after the person or the person's representative who submits the~~	7879
~~application is notified that a bed is available in a nursing~~	7880
~~facility.~~	7881

~~(E) If the department or designated agency conducts a partial~~	7882
~~assessment under division (D) of this section, it shall complete~~	7883
~~the rest of the assessment not later than one hundred eighty days~~	7884
~~after the date the person is admitted to the nursing facility~~	7885
~~unless the assessment entity determines the person should be~~	7886
~~exempt from the assessment.~~	7887

~~(F) A person assessed under this section or the person's~~	7888
~~representative may file a complaint with the department about the~~	7889
~~assessment process. The department shall work to resolve the~~	7890
~~complaint in accordance with rules adopted under division (I) of~~	7891
~~this section.~~	7892

~~(G) A person~~(I) At the conclusion of an individual's	7893
long-term care consultation, the department or the program	7894
administrator under contract with the department shall provide the	7895
individual or individual's representative with a written summary	7896
of options and resources available to meet the individual's needs.	7897
Even though the summary may specify that a source of long-term	7898
care other than care in a nursing facility is appropriate and	7899
available, the individual is not required to seek an alternative	7900
source of long-term care and may be admitted to or continue to	7901
reside in a nursing facility ~~even though an alternative source of~~	7902
~~long-term care is available or the person is determined pursuant~~	7903
~~to an assessment under this section not to need nursing facility~~	7904
~~services~~.	7905

~~(H)~~(J) No nursing facility for which an operator has a	7906
provider agreement ~~with the department~~ under section 5111.22 of	7907
the Revised Code shall admit or retain any ~~person, other than a~~	7908
~~person exempt from the assessment requirement as provided by~~	7909
~~division (C) of this section,~~individual as a resident, unless the	7910
nursing facility has received evidence that a ~~complete or partial~~	7911
~~assessment~~long-term care consultation has been completed for the	7912
individual or division (H) of this section is applicable to the	7913
individual.	7914

~~(I)~~(K) The director of ~~job and family services shall~~aging	7915
may adopt any rules ~~in accordance with Chapter 119. of the Revised~~	7916
~~Code to implement and administer~~the director considers necessary	7917
for the implementation and administration of this section. The	7918
rules shall ~~include~~be adopted in accordance with Chapter 119. of	7919
the Revised Code and may specify all of the following:	7920

(1) ~~The information a person being assessed or the person's~~	7921
~~representative must provide to enable the department or designated~~	7922
~~agency to do the assessment;~~	7923

~~(2) Criteria to be used to determine whether a person is in~~	7924
~~need of nursing facility services;~~	7925

~~(3) Criteria to be used to determine whether an alternative~~	7926
~~source of long-term care is appropriate for the person being~~	7927
~~assessed;~~	7928

~~(4) Criteria and procedures to be used to determine a~~	7929
~~person's physical, mental, and psychosocial needs;~~	7930

~~(5) Criteria to be used to determine the effectiveness and~~	7931
~~continued availability of a person's current source of informal~~	7932
~~support and care;~~	7933

~~(6) Circumstances, in addition to those specified in division~~	7934
~~(C) of this section, under which a person is not required to be~~	7935
~~assessed;~~	7936

~~(7) Circumstances under which the department or designated~~	7937
~~agency may perform a partial assessment under division (D) of this~~	7938
~~section;~~	7939

~~(8) The method by which a situation will be determined to be~~	7940
~~an emergency for the purpose of division (D)(2) of this section;~~	7941

~~(9) The method by which the department will attempt to~~	7942
~~resolve complaints filed under division (F) of this section~~	7943
Procedures for performing long-term care consultations pursuant to	7944
this section;	7945

(2) Information to be provided through long-term care	7946
consultations regarding long-term care services that are	7947
available;	7948

(3) Criteria for identifying nursing facility residents who	7949
would benefit from long-term care consultations;	7950

(4) Criteria under which an individual or the individual's	7951
representative may chose to forego participation in a long-term	7952
care consultation;	7953

(5) Criteria for exempting individuals from the long-term	7954
care consultation requirement.	7955

~~(J)~~(L) The director of ~~job and family services~~aging may fine	7956
a nursing facility an amount determined by rules the director	7957
shall adopt in accordance with Chapter 119. of the Revised Code in	7958
~~either of the following circumstances:~~	7959

~~(1) The nursing facility fails to notify the department~~	7960
~~within the required time about an admission described in division~~	7961
~~(C)(5) of this section;~~	7962

~~(2) The~~if the nursing facility admits or retains an	7963
individual, without evidence that a ~~complete or partial assessment~~	7964
long-term care consultation has been ~~conducted~~performed, ~~a person~~	7965
~~other than a person exempt from the assessment requirement~~ as	7966
~~provided~~required by ~~division (C) of~~ this section.	7967

~~The director shall deposit~~In accordance with section 5111.62	7968
of the Revised Code, all fines collected under this division shall	7969
be deposited into the state treasury to the credit of the	7970
residents protection fund ~~established by section 5111.62 of the~~	7971
~~Revised Code~~.	7972

~~Sec. 5101.752.~~ Sec. 173.43. The department of ~~job and family~~	7973
~~services~~aging shall certify ~~registered nurses licensed under~~	7974
~~Chapter 4723. of the Revised Code and social workers and~~	7975
~~independent social workers licensed under Chapter 4757. of the~~	7976
~~Revised Code~~individuals who meet certification requirements	7977
established by rule to perform ~~assessments under~~long-term care	7978
consultations for purposes of section ~~5101.75 or 5101.754~~173.42	7979
of the Revised Code. The director of ~~job and family services~~aging	7980
shall adopt rules in accordance with Chapter 119. of the Revised	7981
Code governing the certification process and requirements. The	7982
rules shall specify the education, experience, or training in	7983
~~geriatric~~ long-term care a person must have to qualify for	7984
certification.	7985

Sec. 173.44. (A) As used in this section, "nursing home" and	7986
"residential care facility" have the same meanings as in section	7987
3721.01 of the Revised Code.	7988

(B) The department of aging may conduct an annual survey of	7989
nursing homes and residential care facilities. The survey shall	7990
include questions about capacity, occupancy, and private pay	7991
charges. The department may contract with an outside entity to	7992
conduct the survey and analyze the results. The results of the	7993
survey and any analysis completed by the department or its	7994
designee shall be made available to the general assembly, other	7995
state agencies, nursing home and residential care facility	7996
providers, and the general public.	7997

(C) No nursing home or residential care facility shall	7998
recklessly fail to complete the survey.	7999

Sec. 173.45. As used in this section and in sections 173.46	8000
to 173.49 of the Revised Code:	8001

(A) "Long-term care facility" means any of the following:

8002

(1) A nursing home;

8003

(2) A residential care facility;

8004

(3) A county home or district home that has never been	8005
licensed as a residential care facility under Chapter 3721. of the	8006
Revised Code.	8007

(B) "County home," "district home," "nursing home," and	8008
"residential care facility" have the same meanings as in section	8009
3721.01 of the Revised Code.	8010

(C) "Nursing facility" has the same meaning as in section	8011
5111.20 of the Revised Code.	8012

Sec. 173.46. (A) The department of aging shall develop and	8013
publish a guide to long-term care facilities for use by	8014
individuals considering long-term care facility admission and	8015
their families, friends, and advisors. The guide, which shall be	8016
titled the Ohio long-term care consumer guide, may be published in	8017
printed form or in electronic form for distribution over the	8018
internet. The guide may be developed as a continuation or	8019
modification of the guide published by the department prior to the	8020
effective date of this section under rules adopted under section	8021
173.02 of the Revised Code.	8022

(B) The Ohio long-term care consumer guide shall include	8023
information on each long-term care facility in this state. For	8024
each facility, the guide shall include the following information,	8025
as applicable to the facility:	8026

(1) Information regarding the facility's compliance with	8027
state statutes and rules and federal statutes and regulations;	8028

(2) Information generated by the centers for medicare and	8029
medicaid services of the United States department of health and	8030
human services from the quality measures developed as part of its	8031
nursing home quality initiative;	8032

(3) Results of the customer satisfaction surveys conducted	8033
under section 173.47 of the Revised Code;	8034

(4) Any other information the department specifies in rules	8035
adopted under section 173.49 of the Revised Code.	8036

Sec. 173.47. (A) For purposes of publishing the Ohio	8037
long-term care consumer guide, the department of aging shall	8038
conduct or provide for the conduct of an annual customer	8039
satisfaction survey of each long-term care facility. The results	8040
of the surveys may include information obtained from long-term	8041
care facility residents, their families, or both.	8042

(B)(1) The department may charge fees for the conduct of	8043
annual customer satisfaction surveys. The department may contract	8044
with any person or government entity to collect the fees on its	8045
behalf. All fees collected under this section shall be deposited	8046
in accordance with section 173.48 of the Revised Code.	8047

(2) The fees charged under this section shall not exceed the	8048
following amounts:	8049

(a) Four hundred dollars for the customer satisfaction survey	8050
of a long-term care facility that is a nursing home or county home	8051
or district home operated in the same manner as a nursing home;	8052

(b) Three hundred dollars for the customer satisfaction	8053
survey pertaining to a long-term care facility that is a	8054
residential care facility or county home or district home not	8055
licensed as a residential care facility but operated in the same	8056
manner as a residential care facility.	8057

(3) Fees paid by a long-term care facility that is a nursing	8058
facility shall be reimbursed through the medicaid program operated	8059
under Chapter 5111. of the Revised Code.	8060

Sec. 173.48. There is hereby created in the state treasury	8061
the long-term care consumer guide fund. Money collected from the	8062
fees charged for the conduct of customer satisfaction surveys	8063
under section 173.47 of the Revised Code shall be credited to the	8064
fund. The department of aging shall use money in the fund for	8065
costs associated with publishing the Ohio long-term care consumer	8066
guide, including costs incurred in conducting or providing for the	8067
conduct of customer satisfaction surveys.	8068

Sec. 173.49. The department of aging shall adopt rules as the	8069
department considers necessary to implement and administer	8070
sections 173.45 to 173.48 of the Revised Code. The rules shall be	8071
adopted under Chapter 119. of the Revised Code.	8072

Sec. 173.50. Pursuant to a contract entered into with the	8073
department of job and family services as an interagency agreement	8074
under section 5111.91 of the Revised Code, the department of aging	8075
shall carry out the day-to-day administration of the component of	8076
the medicaid program established under Chapter 5111. of the	8077
Revised Code known as the program of all-inclusive care for the	8078
elderly or PACE. The department shall carry out its PACE	8079
administrative duties in accordance with the provisions of the	8080
interagency agreement and all applicable federal laws, including	8081
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4,	8082
as amended.	8083

Sec. 183.28. The education technology trust fund is hereby	8084
created in the state treasury. Money credited to the fund shall be	8085
used to pay costs of the agency designated by the governor to	8086
assume the functions of the Ohio SchoolNet commission ~~under~~	8087
~~section 3301.80 of the Revised Code~~. All investment earnings of	8088
the fund shall be credited to the fund.	8089

Sec. 184.02. (A) The third frontier commission may perform	8090
any act to ensure the performance of any function necessary or	8091
appropriate to carry out the purposes of, and exercise the powers	8092
granted under, sections 184.01 and 184.02 of the Revised Code. In	8093
addition, the commission may do any of the following:	8094

(1) Adopt, amend, and rescind rules under section 111.15 of	8095
the Revised Code for the administration of any aspect of its	8096
operations;	8097

(2) Adopt bylaws governing its operations, including bylaws	8098
that establish procedures and set policies as may be necessary to	8099
assist with the furtherance of its purposes;	8100

(3) Appoint and set the compensation of employees needed to	8101
carry out its duties;	8102

(4) Contract with, retain the services of, or designate, and	8103
fix the compensation of, such financial consultants, accountants,	8104
other consultants and advisors, and other independent contractors	8105
as may be necessary or desirable to carry out its duties;	8106

(5) Solicit input and comments from the third frontier	8107
advisory board, and specialized industry, professional, and other	8108
relevant interest groups concerning its purposes;	8109

(6) Facilitate alignment of the state's science and	8110
technology programs and activities;	8111

(7) Make grants and loans to individuals, public agencies,	8112
private companies or organizations, or joint ventures for any of	8113
the broad range of activities related to its purposes.	8114

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

8115

(1) Establish a competitive process for the award of grants	8116
and loans that is designed to fund the most meritorious proposals	8117
and, when appropriate, provide for peer review of proposals;	8118

(2) Within ninety days after the end of each fiscal year,	8119
submit to the governor and the general assembly a report of the	8120
activities of the commission during the preceding fiscal year;	8121

(3) With specific application to the biomedical research and	8122
technology transfer trust fund, periodically make strategic	8123
assessments of the types of state investments in biomedical	8124
research and biotechnology in the state that would likely create	8125
jobs and business opportunities in the state and produce the most	8126
beneficial long-term improvements to the public health of ~~Ohioians~~	8127
Ohioans, including, but not limited to, biomedical research and	8128
biotechnology initiatives that address tobacco-related illnesses	8129
as may be outlined in any master agreement. The commission shall	8130
award grants and loans from the fund pursuant to a process	8131
established under division (B)(1) of this section.	8132

(C) Notwithstanding the authority granted to the commission	8133
under sections 184.01 to 184.04 of the Revised Code, the	8134
commission shall not make any grants or loans to individuals,	8135
public agencies, private companies or organizations, or joint	8136
ventures for any activities involving stem cell research with	8137
embryonic tissue.	8138

Sec. 307.88. (A) Bids submitted pursuant to sections 307.86	8139
to 307.92 of the Revised Code shall be in a form prescribed by the	8140
contracting authority and filed in a sealed envelope at the time	8141
and place mentioned in the ~~advertisement~~notice. The bids received	8142
shall be opened and tabulated at the time stated in the notice.	8143
Each bid shall contain the full name of each person submitting the	8144
bid. ~~Except as otherwise provided in division (B) of this section,~~	8145
ifIf the bid is in excess of ~~ten~~twenty-five thousand dollars and	8146
for a contract for the construction, demolition, alteration,	8147
repair, or reconstruction of an improvement, it shall meet the	8148
requirements of section 153.54 of the Revised Code. If the bid is	8149
in excess of ~~ten~~twenty-five thousand dollars and for any other	8150
contract authorized by sections 307.86 to 307.92 of the Revised	8151
Code, it shall be accompanied by a bond or certified check,	8152
cashier's check, or money order on a solvent bank or savings and	8153
loan association in a reasonable amount stated in the	8154
~~advertisement~~notice but not to exceed five per cent of the bid,	8155
conditioned that ~~he shall~~the bidder, if ~~his~~the bidder's bid is	8156
accepted, shall execute a contract in conformity to the invitation	8157
and ~~his~~the bid.	8158

(B) The board of county commissioners ~~may~~, by a unanimous	8159
vote of the entire board, may permit a contracting authority to	8160
exempt a bid from any or all of the requirements of section 153.54	8161
of the Revised Code if the estimated cost is ~~less than~~ twenty-five	8162
thousand dollars or less. If the board exempts a bid from any but	8163
not all of ~~these~~those requirements, the bid notice published in	8164
the newspaper pursuant to section 307.87 of the Revised Code shall	8165
state the specific bid guaranty requirements that apply. If the	8166
board exempts a bid from all requirements of section 153.54 of the	8167
Revised Code, the notice shall state that none of the requirements	8168
of that section apply.	8169

Sec. 317.08. (A) Except as provided in divisions (C) and (D)	8170
of this section, the county recorder shall keep six separate sets	8171
of records as follows:	8172

(1) A record of deeds, in which shall be recorded all deeds	8173
and other instruments of writing for the absolute and	8174
unconditional sale or conveyance of lands, tenements, and	8175
hereditaments; all notices as provided in sections 5301.47 to	8176
5301.56 of the Revised Code; all judgments or decrees in actions	8177
brought under section 5303.01 of the Revised Code; all	8178
declarations and bylaws, and all amendments to declarations and	8179
bylaws, as provided in Chapter 5311. of the Revised Code;	8180
affidavits as provided in section 5301.252 of the Revised Code;	8181
all certificates as provided in section 5311.17 of the Revised	8182
Code; all articles dedicating archaeological preserves accepted by	8183
the director of the Ohio historical society under section 149.52	8184
of the Revised Code; all articles dedicating nature preserves	8185
accepted by the director of natural resources under section	8186
1517.05 of the Revised Code; all agreements for the registration	8187
of lands as archaeological or historic landmarks under section	8188
149.51 or 149.55 of the Revised Code; all conveyances of	8189
conservation easements and agricultural easements under section	8190
5301.68 of the Revised Code; all instruments extinguishing	8191
agricultural easements under section 901.21 or 5301.691 of the	8192
Revised Code or pursuant to terms of such an easement granted to a	8193
charitable organization under section 5301.68 of the Revised Code;	8194
all instruments or orders described in division (B)(1)(c)(ii) of	8195
section 5301.56 of the Revised Code; all no further action letters	8196
issued under section 122.654 or 3746.11 of the Revised Code; all	8197
covenants not to sue issued under section 3746.12 of the Revised	8198
Code, including all covenants not to sue issued pursuant to	8199
section 122.654 of the Revised Code; any restrictions on the use	8200
of property contained in a no further action letter issued under	8201
section 122.654 of the Revised Code, any restrictions on the use	8202
of property identified pursuant to division (C)(3)(a) of section	8203
3746.10 of the Revised Code, and any restrictions on the use of	8204
property contained in a deed or other instrument as provided in	8205
division (E) or (F) of section 3737.882 of the Revised Code; any	8206
easement executed or granted under section 3734.22, 3734.24,	8207
3734.25, or 3734.26 of the Revised Code; any environmental	8208
covenant entered into in accordance with sections 5301.80 to	8209
5301.92 of the Revised Code; all memoranda of trust, as described	8210
in division (A) of section 5301.255 of the Revised Code, that	8211
describe specific real property; and all agreements entered into	8212
under division (A) of section 1521.26 of the Revised Code;	8213

(2) A record of mortgages, in which shall be recorded all of	8214
the following:	8215

(a) All mortgages, including amendments, supplements,	8216
modifications, and extensions of mortgages, or other instruments	8217
of writing by which lands, tenements, or hereditaments are or may	8218
be mortgaged or otherwise conditionally sold, conveyed, affected,	8219
or encumbered;	8220

(b) All executory installment contracts for the sale of land	8221
executed after September 29, 1961, that by their terms are not	8222
required to be fully performed by one or more of the parties to	8223
them within one year of the date of the contracts;	8224

(c) All options to purchase real estate, including	8225
supplements, modifications, and amendments of the options, but no	8226
option of that nature shall be recorded if it does not state a	8227
specific day and year of expiration of its validity;	8228

(d) Any tax certificate sold under section 5721.33 of the	8229
Revised Code, or memorandum of it, that is presented for filing of	8230
record.	8231

(3) A record of powers of attorney, including all memoranda	8232
of trust, as described in division (A) of section 5301.255 of the	8233
Revised Code, that do not describe specific real property;	8234

(4) A record of plats, in which shall be recorded all plats	8235
and maps of town lots, of the subdivision of town lots, and of	8236
other divisions or surveys of lands, any center line survey of a	8237
highway located within the county, the plat of which shall be	8238
furnished by the director of transportation or county engineer,	8239
and all drawings and amendments to drawings, as provided in	8240
Chapter 5311. of the Revised Code;	8241

(5) A record of leases, in which shall be recorded all	8242
leases, memoranda of leases, and supplements, modifications, and	8243
amendments of leases and memoranda of leases;	8244

(6) A record of declarations executed pursuant to section	8245
2133.02 of the Revised Code and durable powers of attorney for	8246
health care executed pursuant to section 1337.12 of the Revised	8247
Code.	8248

(B) All instruments or memoranda of instruments entitled to	8249
record shall be recorded in the proper record in the order in	8250
which they are presented for record. The recorder may index, keep,	8251
and record in one volume unemployment compensation liens, internal	8252
revenue tax liens and other liens in favor of the United States as	8253
described in division (A) of section 317.09 of the Revised Code,	8254
personal tax liens, mechanic's liens, agricultural product liens,	8255
notices of liens, certificates of satisfaction or partial release	8256
of estate tax liens, discharges of recognizances, excise and	8257
franchise tax liens on corporations, broker's liens, and liens	8258
provided for in sections 1513.33, 1513.37, 3752.13, ~~5111.021~~	8259
5111.022, and 5311.18 of the Revised Code.	8260

The recording of an option to purchase real estate, including	8261
any supplement, modification, and amendment of the option, under	8262
this section shall serve as notice to any purchaser of an interest	8263
in the real estate covered by the option only during the period of	8264
the validity of the option as stated in the option.	8265

(C) In lieu of keeping the six separate sets of records	8266
required in divisions (A)(1) to (6) of this section and the	8267
records required in division (D) of this section, a county	8268
recorder may record all the instruments required to be recorded by	8269
this section in two separate sets of record books. One set shall	8270
be called the "official records" and shall contain the instruments	8271
listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this	8272
section. The second set of records shall contain the instruments	8273
listed in division (A)(4) of this section.	8274

(D) Except as provided in division (C) of this section, the	8275
county recorder shall keep a separate set of records containing	8276
all corrupt activity lien notices filed with the recorder pursuant	8277
to section 2923.36 of the Revised Code and a separate set of	8278
records containing all medicaid fraud lien notices filed with the	8279
recorder pursuant to section 2933.75 of the Revised Code.	8280

Sec. 317.36. (A) The county recorder shall collect the low-	8281
and moderate-income housing trust fund fee as specified in	8282
sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60,	8283
~~5111.021~~5111.022, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22,	8284
6101.09, and 6115.09 of the Revised Code. The amount of any	8285
housing trust fund fee the recorder is authorized to collect is	8286
equal to the amount of any base fee the recorder is authorized to	8287
collect for services. The housing trust fund fee shall be	8288
collected in addition to the base fee.	8289

(B) The recorder shall certify the amounts collected as	8290
housing trust fund fees pursuant to division (A) of this section	8291
into the county treasury as housing trust fund fees to be paid to	8292
the treasurer of state pursuant to section 319.63 of the Revised	8293
Code.	8294

Sec. 319.20. After complying with sections 319.202, 315.251,	8295
and 319.203 of the Revised Code, and on application and	8296
presentation of title, with the affidavits required by law, or the	8297
proper order of a court, bearing the last known address of the	8298
grantee, or of any one of the grantees named in the title, and a	8299
reference to the volume and page of the recording of the next	8300
preceding recorded instrument by or through which the grantor	8301
claims title, the county auditor shall transfer any land or town	8302
lot or part thereof, minerals therein, or mineral rights thereto,	8303
charged with taxes on the tax list, from the name in which it	8304
stands into the name of the owner, when rendered necessary by a	8305
conveyance, partition, devise, descent, or otherwise. If by reason	8306
of the conveyance or otherwise, a part only of a tract or lot,	8307
minerals therein, or mineral rights thereto, as charged in the tax	8308
list, is to be transferred, the auditor shall determine the tax	8309
value of the part of a tract or lot of real estate, minerals	8310
therein, or mineral rights thereto, so transferred, and the value	8311
of the remaining part compared with the value of the whole.	8312

Whenever a part only of a tract or lot of real estate has	8313
been transferred by the auditor and ~~such~~the tract or lot bears	8314
unpaid taxes, penalties, interest, or special assessments, the	8315
unpaid taxes, penalties, interest, or special assessments shall	8316
immediately be apportioned, upon demand or request by the	8317
transferee or remaining owner, in the following manner:	8318

(A) The auditor shall allocate to the part so transferred,	8319
and to the remaining part, amounts of any current or delinquent	8320
taxes, interest, or penalties that have accrued against the parcel	8321
as a whole, proportionate to their respective values.	8322

(B) The lien of taxes, penalties, interest, and special	8323
assessments, as levied against the original tract, shall extend to	8324
the part so transferred and the part remaining only to the extent	8325
of the amounts so allocated to the respective parts.	8326

This section does not change the total amount of taxes,	8327
special assessments, or other charges as originally levied, or the	8328
total amount of the balance due. The auditor shall certify such	8329
apportionments to the county treasurer.	8330

Whenever the state acquires an entire parcel or a part only	8331
of a parcel of real property in fee simple, the county auditor,	8332
upon application of the grantor or property owner or the state,	8333
which application shall contain a description of the property as	8334
it appears on the tax list and the date of transfer of ownership,	8335
shall prepare an estimate of the taxes that are a lien on ~~said~~the	8336
property, but have not been determined, assessed, and levied for	8337
the year in which the property was acquired. The county auditor	8338
shall thereupon apportion ~~such~~the estimated taxes proportionately	8339
between the grantor and the state for the period of the lien year	8340
that each had or shall have had ownership or possession of the	8341
property, whichever is earlier. The county treasurer shall accept	8342
payment from the state for estimated taxes at the time that the	8343
real property is acquired. If the state has paid in full in the	8344
year in which the property is acquired that proportion of the	8345
estimated taxes that the tax commissioner determines are not	8346
subject to remission by the county auditor for such year under	8347
division (C) of section 5713.08 of the Revised Code, the estimated	8348
taxes paid shall be considered the tax liability on the exempted	8349
property for that year.	8350

Section 319.42 of the Revised Code applies to the	8351
apportionment of special assessments.	8352

Complaint against such values as determined by the auditor or	8353
the allocation of assessments by the certifying authority may be	8354
filed by the transferee or the remaining owner, and if filed,	8355
proceedings including appeals shall be had in the manner and	8356
within the time provided by sections 5717.01 to 5717.06 and	8357
5715.19 to 5715.22 of the Revised Code, for complaints against	8358
valuation or assessment of real property.	8359

The auditor shall endorse on the deed or other evidences of	8360
title presented to the auditor that the proper transfer of the	8361
real estate described in ~~such~~the deed has been made in the	8362
auditor's office or that it is not entered for taxation, and sign	8363
the auditor's name to ~~such~~the deed. The address of the grantee,	8364
or any one of the grantees, set forth in the deed or other	8365
evidences of title shall be entered by the auditor on the transfer	8366
sheets and on the general tax list of real property prepared	8367
pursuant to section 319.28 of the Revised Code.	8368

Sec. 319.301. (A) This section does not apply to any of the	8369
following:	8370

(1) Taxes levied at whatever rate is required to produce a	8371
specified amount of tax money or an amount to pay debt charges;	8372

(2) Taxes levied within the one per cent limitation imposed	8373
by Section 2 of Article XII, Ohio Constitution,except as	8374
otherwise provided in division (F) of this section;	8375

(3) Taxes provided for by the charter of a municipal	8376
corporation.	8377

(B) As used in this section:

8378

(1) "Real property" includes real property owned by a	8379
railroad.	8380

(2) "Carryover property" means all real property on the	8381
current year's tax list except:	8382

(a) Land and improvements that were not taxed by the district	8383
in both the preceding year and the current year;	8384

(b) Land and improvements that were not in the same class in	8385
both the preceding year and the current year.	8386

(3) "Effective tax rate" means with respect to each class of	8387
property:	8388

(a) The sum of the total taxes that would have been charged	8389
and payable for current expenses against real property in that	8390
class if each of the district's taxes were reduced for the current	8391
year under division (D)(1) of this section without regard to the	8392
application of division (E)(3) of this section divided by	8393

(b) The taxable value of all real property in that class.

8394

(4) "Taxes charged and payable" means the taxes charged and	8395
payable prior to any reduction required by section 319.302 of the	8396
Revised Code.	8397

(C) The tax commissioner shall make the determinations	8398
required by this section each year, without regard to whether a	8399
taxing district has territory in a county to which section 5715.24	8400
of the Revised Code applies for that year. Separate determinations	8401
shall be made for each of the two classes established pursuant to	8402
section 5713.041 of the Revised Code.	8403

(D) With respect to each tax authorized to be levied by each	8404
taxing district, the tax commissioner, annually, shall do both of	8405
the following:	8406

(1) Determine by what percentage, if any, the sums levied by	8407
such tax against the carryover property in each class would have	8408
to be reduced for the tax to levy the same number of dollars	8409
against such property in that class in the current year as were	8410
charged against such property by such tax in the preceding year	8411
subsequent to the reduction made under this section but before the	8412
reduction made under section 319.302 of the Revised Code. In the	8413
case of a tax levied for the first time that is not a renewal of	8414
an existing tax, the commissioner shall determine by what	8415
percentage the sums that would otherwise be levied by such tax	8416
against carryover property in each class would have to be reduced	8417
to equal the amount that would have been levied if the full rate	8418
thereof had been imposed against the total taxable value of such	8419
property in the preceding tax year. A tax or portion of a tax that	8420
is designated a replacement levy under section 5705.192 of the	8421
Revised Code is not a renewal of an existing tax for purposes of	8422
this division.	8423

(2) Certify each percentage determined in division (D)(1) of	8424
this section, as adjusted under division (E) of this section, and	8425
the class of property to which that percentage applies to the	8426
auditor of each county in which the district has territory. The	8427
auditor, after complying with section 319.30 of the Revised Code,	8428
shall reduce the sum to be levied by such tax against each parcel	8429
of real property in the district by the percentage so certified	8430
for its class. Certification shall be made by the first day of	8431
September except in the case of a tax levied for the first time,	8432
in which case certification shall be made within fifteen days of	8433
the date the county auditor submits the information necessary to	8434
make the required determination.	8435

(E)(1) As used in division (E)(2) of this section, "pre-1982	8436
joint vocational taxes" means, with respect to a class of	8437
property, the difference between the following amounts:	8438

(a) The taxes charged and payable in tax year 1981 against	8439
the property in that class for the current expenses of the joint	8440
vocational school district of which the school district is a part	8441
after making all reductions under this section;	8442

(b) The following percentage of the taxable value of all real	8443
property in that class:	8444

(i) In 1987, five one-hundredths of one per cent;

8445

(ii) In 1988, one-tenth of one per cent;

8446

(iii) In 1989, fifteen one-hundredths of one per cent;

8447

(iv) In 1990 and each subsequent year, two-tenths of one per	8448
cent.	8449

If the amount in division (E)(1)(b) of this section exceeds	8450
the amount in division (E)(1)(a) of this section, the pre-1982	8451
joint vocational taxes shall be zero.	8452

As used in divisions (E)(2) and (3) of this section, "taxes	8453
charged and payable" has the same meaning as in division (B)(4) of	8454
this section, and excludes any tax charged and payable in 1985 or	8455
thereafter under sections 5705.194 to 5705.197 or section 5705.213	8456
or5705.219 of the Revised Code.	8457

(2) If in the case of a school district other than a joint	8458
vocational or cooperative education school district any percentage	8459
required to be used in division (D)(2) of this section for either	8460
class of property could cause the total taxes charged and payable	8461
for current expenses to be less than two per cent of the taxable	8462
value of all real property in that class that is subject to	8463
taxation by the district, the commissioner shall determine what	8464
percentages would cause the district's total taxes charged and	8465
payable for current expenses against that class, after all	8466
reductions that would otherwise be made under this section, to	8467
equal, when combined with the pre-1982 joint vocational taxes	8468
against that class, the lesser of the following:	8469

(a) The sum of the rates at which those taxes are authorized	8470
to be levied;	8471

(b) Two per cent of the taxable value of the property in that	8472
class. The auditor shall use such percentages in making the	8473
reduction required by this section for that class.	8474

(3)(a) If in the case of a joint vocational school district	8475
any percentage required to be used in division (D)(2) of this	8476
section for either class of property could cause the total taxes	8477
charged and payable for current expenses for that class to be less	8478
than the designated amount, the commissioner shall determine what	8479
percentages would cause the district's total taxes charged and	8480
payable for current expenses for that class, after all reductions	8481
that would otherwise be made under this section, to equal the	8482
designated amount. The auditor shall use such percentages in	8483
making the reductions required by this section for that class.	8484

(b) As used in division (E)(3)(a) of this section, the	8485
designated amount shall equal the taxable value of all real	8486
property in the class that is subject to taxation by the district	8487
times the lesser of the following:	8488

(i) Two-tenths of one per cent;

8489

(ii) The district's effective rate plus the following	8490
percentage for the year indicated:	8491

	WHEN COMPUTING THE				8492
	TAXES CHARGED FOR		ADD THE FOLLOWING PERCENTAGE:		8493

1987	0.025%	8494
1988	0.05%	8495
1989	0.075%	8496
1990	0.1%	8497
1991	0.125%	8498
1992	0.15%	8499
1993	0.175%	8500
1994 and thereafter	0.2%	8501

(F) As used in this division, "specified percentage" means	8502
the percentage specified in a resolution under division (A)(2) of	8503
section 5705.219 of the Revised Code, plus one hundred per cent.	8504

With respect to each tax authorized to be levied by a school	8505
district under section 5705.219 of the Revised Code, the tax	8506
commissioner, annually, shall do both of the following:	8507

(1) Determine by what percentage, if any, the sums levied by	8508
such tax against the carryover property in each class would have	8509
to be reduced for the tax to levy the specified percentage of the	8510
number of dollars against such property in that class in the	8511
current year as were charged against such property by such tax in	8512
the preceding year subsequent to the reduction made under this	8513
division but before the reduction made under section 319.302 of	8514
the Revised Code.	8515

If the sums that otherwise would be levied by the tax against	8516
the carryover property in a class in the current year do not	8517
exceed the specified percentage of the sums charged against such	8518
property in that class in the preceding year subsequent to the	8519
reduction under this division but before the reduction made under	8520
section 319.302 of the Revised Code, no reduction shall be made	8521
under this division for the current year. In the case of a tax	8522
levied for the first time that is not a renewal of an existing	8523
tax, the commissioner shall determine by what percentage the sums	8524
that otherwise would be levied by such tax against carryover	8525
property in each class would have to be reduced to equal the	8526
specified percentage of the amount that would have been levied if	8527
the full rate thereof had been imposed against the total taxable	8528
value of such property in the preceding tax year. A tax or portion	8529
of a tax levied under section 5705.219 of the Revised Code that is	8530
designated a replacement levy is not a renewal of an existing tax	8531
for the purposes of this division.	8532

(2) Certify each percentage determined in division (F)(1) of	8533
this section and the class of property to which that percentage	8534
applies to the county auditor of each county in which the district	8535
has territory. The county auditor, after complying with section	8536
319.30 of the Revised Code, shall reduce the sum to be levied by	8537
such tax against each parcel of real property in the district by	8538
the percentage so certified for its class. Certification shall be	8539
made by the first day of September except in the case of a tax	8540
levied for the first time, in which case certification shall be	8541
made within fifteen days of the date the county auditor submits	8542
the information necessary to make the required determination.	8543

(G) No reduction shall be made under this section in the rate	8544
at which any tax is levied.	8545

~~(G)~~(H) The commissioner may order a county auditor to furnish	8546
any information hethe commissioner needs to make the	8547
determinations required under division (D) or, (E),or(F) of this	8548
section, and the auditor shall supply the information in the form	8549
and by the date specified in the order. If the auditor fails to	8550
comply with an order issued under this division, except for good	8551
cause as determined by the commissioner, the commissioner shall	8552
withhold from such county or taxing district therein fifty per	8553
cent of state revenues to local governments pursuant to section	8554
5747.50 of the Revised Code or shall direct the department of	8555
education to withhold therefrom fifty per cent of state revenues	8556
to school districts pursuant to Chapter 3317. of the Revised Code.	8557
The commissioner shall withhold the distribution of such revenues	8558
until the county auditor has complied with this division, and the	8559
department shall withhold the distribution of such revenues until	8560
the commissioner has notified the department that the county	8561
auditor has complied with this division.	8562

~~(H)~~(I) If the commissioner is unable to certify a tax	8563
reduction factor for either class of property in a taxing district	8564
located in more than one county by the last day of November	8565
because information required under division ~~(G)~~(H) of this section	8566
is unavailable, hethe commissioner may compute and certify an	8567
estimated tax reduction factor for that district for that class.	8568
The estimated factor shall be based upon an estimate of the	8569
unavailable information. Upon receipt of the actual information	8570
for a taxing district that received an estimated tax reduction	8571
factor, the commissioner shall compute the actual tax reduction	8572
factor and use that factor to compute the taxes that should have	8573
been charged and payable against each parcel of property for the	8574
year for which the estimated reduction factor was used. The amount	8575
by which the estimated factor resulted in an overpayment or	8576
underpayment in taxes on any parcel shall be added to or	8577
subtracted from the amount due on that parcel in the ensuing tax	8578
year.	8579

A percentage or a tax reduction factor determined or computed	8580
by the commissioner under this section shall be used solely for	8581
the purpose of reducing the sums to be levied by the tax to which	8582
it applies for the year for which it was determined or computed.	8583
It shall not be used in making any tax computations for any	8584
ensuing tax year.	8585

~~(I)~~(J) In making the determinations under division (D)(1) or	8586
(F)(1) of this section, the tax commissioner shall take account of	8587
changes in the taxable value of carryover property resulting from	8588
complaints filed under section 5715.19 of the Revised Code for	8589
determinations made for the tax year in which such changes are	8590
reported to the commissioner. Such changes shall be reported to	8591
the commissioner on the first abstract of real property filed with	8592
the commissioner under section 5715.23 of the Revised Code	8593
following the date on which the complaint is finally determined by	8594
the board of revision or by a court or other authority with	8595
jurisdiction on appeal. The tax commissioner shall account for	8596
such changes in making the determinations only for the tax year in	8597
which the change in valuation is reported. Such a valuation change	8598
shall not be used to recompute the percentages determined under	8599
division (D)(1) or(F)(1) of this section for any prior tax year.	8600

Sec. 319.302. (A)(1) The county auditor shall classify each	8601
parcel of real property as qualifying property or nonqualifying	8602
property, according to its principal, current use. Vacant lots and	8603
tracts of land upon which there are no structures or improvements	8604
shall be classified in accordance with their location and their	8605
highest and best probable legal use. For purposes of this section,	8606
lands and improvements thereon used for residential or	8607
agricultural purposes shall be classified as qualifying property,	8608
and all other lands and improvements thereon and minerals or	8609
rights to minerals shall be classified as nonqualifying property.	8610

(2) Each year, the county auditor shall reclassify each	8611
parcel of real property whose principal, current use has changed	8612
from the preceding year to reflect the use of the property as of	8613
the first day of January of the current tax year.	8614

(B) After complying with section 319.301 of the Revised Code,	8615
the county auditor shall reduce the remaining sums to be levied	8616
against each parcel of real property listed on the general tax	8617
list and duplicate of real and public utility property for the	8618
current tax year and classified for that tax year as qualifying	8619
property under division (A) of this section, and against each	8620
manufactured and mobile home that is taxed pursuant to division	8621
(D)(2) of section 4503.06 of the Revised Code and that is on the	8622
manufactured home tax list for the current tax year, by ten per	8623
cent, to provide a partial exemption for that property or such	8624
home. Except as otherwise provided in sections 323.152, 323.158,	8625
505.06, and 715.263 of the Revised Code, the amount of the taxes	8626
remaining after such reduction, if any, shall be the real and	8627
public utility property taxes charged and payable on each parcel	8628
of real property, including nonqualifying property, and the	8629
manufactured home tax charged and payable, on each ~~property~~	8630
manufactured or mobile home, and shall be the amounts certified to	8631
the county treasurer for collection. Upon receipt of the tax	8632
duplicate, the treasurer shall certify to the tax commissioner the	8633
total amount by which taxes were reduced under this section, as	8634
shown on the duplicate. Such reduction shall not directly or	8635
indirectly affect the determination of the principal amount of	8636
notes that may be issued in anticipation of any tax levies or the	8637
amount of bonds or notes for any planned improvements. If after	8638
application of sections 5705.31 and 5705.32 of the Revised Code	8639
and other applicable provisions of law, including divisions (F)	8640
and (I) of section 321.24 of the Revised Code, there would be	8641
insufficient funds for payment of debt charges on bonds or notes	8642
payable from taxes reduced by this section, the reduction of taxes	8643
provided for in this section shall be adjusted to the extent	8644
necessary to provide funds from such taxes.	8645

(C) The tax commissioner shall adopt rules governing the	8646
classification of property under this section, and no property	8647
shall be classified under this section except in accordance with	8648
those rules.	8649

(D) The classification required by division (A) of this	8650
section is solely for the purpose of allowing the partial	8651
exemption for qualifying property under division (B) of this	8652
section. This section does not apply to classifying real property	8653
for any other purpose authorized or required by law, or by rule of	8654
the tax commissioner.	8655

Sec. 319.54. (A) On all moneys collected by the county	8656
treasurer on any tax duplicate of the county, other than estate	8657
tax duplicates, and on all moneys received as advance payments of	8658
personal property and classified property taxes, the county	8659
auditor, on settlement with the treasurer and tax commissioner, on	8660
or before the date prescribed by law for such settlement or any	8661
lawful extension of such date, shall be allowed as compensation	8662
for the county auditor's services the following percentages:	8663

(1) On the first one hundred thousand dollars, two and	8664
one-half per cent;	8665

(2) On the next two million dollars, eight thousand three	8666
hundred eighteen ten-thousandths of one per cent;	8667

(3) On the next two million dollars, six thousand six hundred	8668
fifty-five ten-thousandths of one per cent;	8669

(4) On all further sums, one thousand six hundred sixty-three	8670
ten-thousandths of one per cent.	8671

If any settlement is not made on or before the date	8672
prescribed by law for such settlement or any lawful extension of	8673
such date, the aggregate compensation allowed to the auditor shall	8674
be reduced one per cent for each day such settlement is delayed	8675
after the prescribed date. No penalty shall apply if the auditor	8676
and treasurer grant all requests for advances up to ninety per	8677
cent of the settlement pursuant to section 321.34 of the Revised	8678
Code. The compensation allowed in accordance with this section on	8679
settlements made before the dates prescribed by law, or the	8680
reduced compensation allowed in accordance with this section on	8681
settlements made after the date prescribed by law or any lawful	8682
extension of such date, shall be apportioned ratably by the	8683
auditor and deducted from the shares or portions of the revenue	8684
payable to the state as well as to the county, townships,	8685
municipal corporations, and school districts.	8686

(B) From all moneys collected by the county treasurer on any	8687
tax duplicate of the county, other than estate tax duplicates, and	8688
on all moneys received as advance payments of personal property	8689
and classified property taxes, there shall be paid into the county	8690
treasury to the credit of the real estate assessment fund created	8691
by section 325.31 of the Revised Code, an amount to be determined	8692
by the county auditor, which shall not exceed the following	8693
percentages:	8694

(1) On the first one hundred thousand dollars, three and	8695
one-half per cent;	8696

(2) On the next three million dollars, one and three-eighths	8697
per cent;	8698

(3) On the next three million dollars, one per cent;

8699

(4) On all further sums not exceeding one hundred fifty	8700
million dollars, three-quarters of one per cent;	8701

(5) On amounts exceeding one hundred fifty million dollars,	8702
six-tenths of one per cent.	8703

Such compensation shall be apportioned ratably by the auditor	8704
and deducted from the shares or portions of the revenue payable to	8705
the state as well as to the county, townships, municipal	8706
corporations, and school districts.	8707

(C) Each county auditor shall receive four per cent of the	8708
amount of tax collected and paid into the county treasury, on	8709
property omitted and placed by the county auditor on the tax	8710
duplicate.	8711

(D) On all estate tax moneys collected by the county	8712
treasurer, the county auditor, on settlement semiannually with the	8713
tax commissioner, shall be allowed, as compensation for the	8714
auditor's services under Chapter 5731. of the Revised Code, the	8715
following percentages:	8716

(1) Four per cent on the first one hundred thousand dollars;

8717

(2) One-half of one per cent on all additional sums.

8718

Such percentages shall be computed upon the amount collected	8719
and reported at each semiannual settlement, and shall be for the	8720
use of the general fund of the county.	8721

(E) On all cigarette license moneys collected by the county	8722
treasurer, the county auditor, on settlement semiannually with the	8723
treasurer, shall be allowed as compensation for the auditor's	8724
services in the issuing of such licenses one-half of one per cent	8725
of such moneys, to be apportioned ratably and deducted from the	8726
shares of the revenue payable to the county and subdivisions, for	8727
the use of the general fund of the county.	8728

(F) The county auditor shall charge and receive fees as	8729
follows:	8730

(1) For deeds of land sold for taxes to be paid by the	8731
purchaser, five dollars;	8732

(2) For the transfer or entry of land, lot, or part of lot,	8733
or the transfer or entry on or after January 1, 2000, of a used	8734
manufactured home or mobile home as defined in section 5739.0210	8735
of the Revised Code, fifty cents for each transfer or entry, to be	8736
paid by the person requiring it;	8737

(3) For receiving statements of value and administering	8738
section 319.202 of the Revised Code, one dollar, or ~~ten~~twenty	8739
cents for each one hundred dollars or fraction of one hundred	8740
dollars, whichever is greater, of the value of the real property	8741
transferred or~~, for sales occurring on or after January 1, 2000,~~	8742
the value of the used manufactured home or used mobile home, as	8743
defined in section 5739.0210 of the Revised Code, transferred,	8744
except no fee shall be charged when the transfer is made:	8745

(a) To or from the United States, this state, or any	8746
instrumentality, agency, or political subdivision of the United	8747
States or this state;	8748

(b) Solely in order to provide or release security for a debt	8749
or obligation;	8750

(c) To confirm or correct a deed previously executed and	8751
recorded;	8752

(d) To evidence a gift, in trust or otherwise and whether	8753
revocable or irrevocable, between husband and wife, or parent and	8754
child or the spouse of either;	8755

(e) On sale for delinquent taxes or assessments;

8756

(f) Pursuant to court order, to the extent that such transfer	8757
is not the result of a sale effected or completed pursuant to such	8758
order;	8759

(g) Pursuant to a reorganization of corporations or	8760
unincorporated associations or pursuant to the dissolution of a	8761
corporation, to the extent that the corporation conveys the	8762
property to a stockholder as a distribution in kind of the	8763
corporation's assets in exchange for the stockholder's shares in	8764
the dissolved corporation;	8765

(h) By a subsidiary corporation to its parent corporation for	8766
no consideration, nominal consideration, or in sole consideration	8767
of the cancellation or surrender of the subsidiary's stock;	8768

(i) By lease, whether or not it extends to mineral or mineral	8769
rights, unless the lease is for a term of years renewable forever;	8770

(j) When the value of the real property or the manufactured	8771
or mobile home or the value of the interest that is conveyed does	8772
not exceed one hundred dollars;	8773

(k) Of an occupied residential property, including a	8774
manufactured or mobile home, being transferred to the builder of a	8775
new residence or to the dealer of a new manufactured or mobile	8776
home when the former residence is traded as part of the	8777
consideration for the new residence or new manufactured or mobile	8778
home;	8779

(l) To a grantee, other than a dealer in real property or in	8780
manufactured or mobile homes, solely for the purpose of, and as a	8781
step in, the prompt sale of the real property or manufactured or	8782
mobile home to others;	8783

(m) To or from a person when no money or other valuable and	8784
tangible consideration readily convertible into money is paid or	8785
to be paid for the real estate or manufactured or mobile home and	8786
the transaction is not a gift;	8787

(n) Pursuant to division (B) of section 317.22 of the Revised	8788
Code, or section 2113.61 of the Revised Code, between spouses or	8789
to a surviving spouse pursuant to section 5302.17 of the Revised	8790
Code as it existed prior to April 4, 1985, between persons	8791
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	8792
after April 4, 1985, to a person who is a surviving, survivorship	8793
tenant pursuant to section 5302.17 of the Revised Code on or after	8794
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	8795

(o) To a trustee acting on behalf of minor children of the	8796
deceased;	8797

(p) Of an easement or right-of-way when the value of the	8798
interest conveyed does not exceed one thousand dollars;	8799

(q) Of property sold to a surviving spouse pursuant to	8800
section 2106.16 of the Revised Code;	8801

(r) To or from an organization exempt from federal income	8802
taxation under section 501(c)(3) of the "Internal Revenue Code of	8803
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	8804
transfer is without consideration and is in furtherance of the	8805
charitable or public purposes of such organization;	8806

(s) Among the heirs at law or devisees, including a surviving	8807
spouse, of a common decedent, when no consideration in money is	8808
paid or to be paid for the real property or manufactured or mobile	8809
home;	8810

(t) To a trustee of a trust, when the grantor of the trust	8811
has reserved an unlimited power to revoke the trust;	8812

(u) To the grantor of a trust by a trustee of the trust, when	8813
the transfer is made to the grantor pursuant to the exercise of	8814
the grantor's power to revoke the trust or to withdraw trust	8815
assets;	8816

(v) To the beneficiaries of a trust, if the fee was paid on	8817
the transfer from the grantor of the trust to the trustee or if	8818
the transfer is made pursuant to trust provisions ~~which~~that	8819
became irrevocable at the death of the grantor;	8820

(w) To a corporation for incorporation into a sports facility	8821
constructed pursuant to section 307.696 of the Revised Code;	8822

(x) Between persons pursuant to section 5302.18 of the	8823
Revised Code.	8824

The auditor shall compute and collect the fee. The auditor	8825
shall maintain a numbered receipt system, as prescribed by the tax	8826
commissioner, and use such receipt system to provide a receipt to	8827
each person paying a fee. The auditor shall deposit the receipts	8828
of the fees on conveyances in the county treasury daily to the	8829
credit of the general fund of the county, except as provided in	8830
division (G) of this section.	8831

~~The real property transfer fee provided for in division~~	8832
~~(F)(3) of this section shall be applicable to any conveyance of~~	8833
~~real property presented to the auditor on or after January 1,~~	8834
~~1968, regardless of its time of execution or delivery.~~	8835

The transfer fee for a used manufactured home or used mobile	8836
home shall be computed by and paid to the county auditor of the	8837
county in which the home is located immediately prior to the	8838
transfer.	8839

(G) For each fee charged under division (F)(3) of this	8840
section, the county auditor shall deposit the greater of one	8841
dollar or one-half of the fee in the county treasury to the credit	8842
of the general fund of the county. By the fifteenth day of the	8843
month following the month in which the fee was received, the	8844
county auditor shall forward the balance of the fee to the	8845
treasurer of state for deposit in the state treasury to the credit	8846
of the general revenue fund. The county auditor shall include with	8847
each balance forwarded to the treasurer of state under this	8848
division a report in such form as the tax commissioner prescribes.	8849
Upon receipt of the report, the treasurer of state shall date	8850
stamp the report and forward it to the tax commissioner. If the	8851
county auditor fails to forward any balance within the time	8852
required by this division, the tax commissioner may withhold local	8853
government fund money allocated to the county until the balance is	8854
forwarded. The treasurer of state may require that the county	8855
auditor forward electronically any balances due under, and reports	8856
required by, this division.	8857

(H) The combined rate of taxation authorized under division	8858
(F)(3) of this section and section 322.02 of the Revised Code	8859
shall never exceed fifty cents for each one hundred dollars or	8860
fraction of one hundred dollars of the value of the real property	8861
transferred.	8862

Sec. 321.24. (A) On or before the fifteenth day of February,	8863
in each year, the county treasurer shall settle with the county	8864
auditor for all taxes and assessments that the treasurer has	8865
collected on the general duplicate of real and public utility	8866
property at the time of making the settlement.	8867

(B) On or before the thirtieth day of June, in each year, the	8868
treasurer shall settle with the auditor for all advance payments	8869
of general personal and classified property taxes that the	8870
treasurer has received at the time of making the settlement.	8871

(C) On or before the tenth day of August, in each year, the	8872
treasurer shall settle with the auditor for all taxes and	8873
assessments that the treasurer has collected on the general	8874
duplicates of real and public utility property at the time of	8875
making such settlement, not included in the preceding February	8876
settlement.	8877

(D) On or before the thirty-first day of October, in each	8878
year, the treasurer shall settle with the auditor for all taxes	8879
that the treasurer has collected on the general personal and	8880
classified property duplicates, and for all advance payments of	8881
general personal and classified property taxes, not included in	8882
the preceding June settlement, that the treasurer has received at	8883
the time of making such settlement.	8884

(E) In the event the time for the payment of taxes is	8885
extended, pursuant to section 323.17 of the Revised Code, the date	8886
on or before which settlement for the taxes so extended must be	8887
made, as herein prescribed, shall be deemed to be extended for a	8888
like period of time. At each such settlement, the auditor shall	8889
allow to the treasurer, on the moneys received or collected and	8890
accounted for by the treasurer, the treasurer's fees, at the rate	8891
or percentage allowed by law, at a full settlement of the	8892
treasurer.	8893

(F) Within thirty days after the day of each settlement of	8894
taxes required under divisions (A) and (C) of this section, the	8895
treasurer shall certify to the tax commissioner any adjustments	8896
~~which~~that have been made to the amount certified previously	8897
pursuant to section 319.302 of the Revised Code and that the	8898
settlement has been completed. Upon receipt of such certification,	8899
the commissioner shall provide for payment to the county treasurer	8900
from the general revenue fund of an amount equal to one-half of	8901
the amount certified by the treasurer in the preceding tax year	8902
under section 319.302 of the Revised Code, less one-half of the	8903
amount computed for all taxing districts in that county for the	8904
current fiscal year under section 5703.80 of the Revised Code for	8905
crediting to the property tax administration fund. Such payment	8906
shall be credited upon receipt to the county's undivided income	8907
tax fund, and the county auditor shall transfer to the county	8908
general fund from the amount thereof the total amount of all fees	8909
and charges which the auditor and treasurer would have been	8910
authorized to receive had such section not been in effect and that	8911
amount had been levied and collected as taxes. The county auditor	8912
shall distribute the amount remaining among the various taxing	8913
districts in the county as if it had been levied, collected, and	8914
settled as real property taxes. The amount distributed to each	8915
taxing district shall be reduced by the total of the amounts	8916
computed for the district under ~~divisions (A), (B), and (C) of~~	8917
section 5703.80 of the Revised Code, but the reduction shall not	8918
exceed the amount that otherwise would be distributed to the	8919
taxing district under this division. The tax commissioner shall	8920
make available to taxing districts such information as is	8921
sufficient for a taxing district to be able to determine the	8922
amount of the reduction in its distribution under this section.	8923

(G)(1) Within thirty days after the day of the settlement	8924
required in division (D) of this section, the county treasurer	8925
shall notify the tax commissioner that the settlement has been	8926
completed. Upon receipt of that notification, the commissioner	8927
shall provide for payment to the county treasurer from the general	8928
revenue fund of an amount equal to the amount certified under	8929
former section 319.311 of the Revised Code and paid in the state's	8930
fiscal year 2003 multiplied by the percentage specified in	8931
division (G)(2) of this section. The payment shall be credited	8932
upon receipt to the county's undivided income tax fund, and the	8933
county auditor shall distribute the amount thereof among the	8934
various taxing districts of the county as if it had been levied,	8935
collected, and settled as personal property taxes. The amount	8936
received by a taxing district under this division shall be	8937
apportioned among its funds in the same proportion as the current	8938
year's personal property taxes are apportioned.	8939

(2) Payments required under division (G)(1) of this section	8940
shall be made at the following percentages of the amount certified	8941
under former section 319.311 of the Revised Code and paid under	8942
division (G)(1) of this section in the state's fiscal year 2003:	8943

(a) In fiscal year 2004, ninety per cent;

8944

(b) In fiscal year 2005, eighty per cent;

8945

8946

(d) In fiscal year 2007, ~~sixty~~forty per cent;

8947

(e) In fiscal year 2008, ~~fifty~~thirty-two per cent;

8948

(f) In fiscal year 2009, ~~forty~~sixteen per cent;

8949

~~(g) In fiscal year 2010, thirty per cent;~~

8950

~~(h) In fiscal year 2011, twenty per cent;~~

8951

~~(i) In fiscal year 2012, ten per cent~~.

8952

After fiscal year ~~2012~~2009, no payments shall be made under	8953
division (G)(1) of this section.	8954

(H)(1) On or before the fifteenth day of April each year, the	8955
county treasurer shall settle with the county auditor for all	8956
manufactured home taxes that the county treasurer has collected on	8957
the manufactured home tax duplicate at the time of making the	8958
settlement.	8959

(2) On or before the fifteenth day of September each year,	8960
the county treasurer shall settle with the county auditor for all	8961
remaining manufactured home taxes that the county treasurer has	8962
collected on the manufactured home tax duplicate at the time of	8963
making the settlement.	8964

(3) If the time for payment of such taxes is extended under	8965
section 4503.06 of the Revised Code, the time for making the	8966
settlement as prescribed by divisions (H)(1) and (2) of this	8967
section is extended for a like period of time.	8968

(I) Within thirty days after the day of each settlement of	8969
taxes required under division (H) of this section, the county	8970
treasurer shall certify to the tax commissioner any adjustments	8971
that have been made to the amount certified previously pursuant to	8972
section 319.302 of the Revised Code and that the settlement has	8973
been completed. Upon receipt of such certification, the	8974
commissioner shall provide for payment to the county treasurer	8975
from the general revenue fund of an amount equal to one-half of	8976
the amount certified by the treasurer in the current tax year	8977
under section 319.302 of the Revised Code. Such payment shall be	8978
credited upon receipt to the county's undivided income tax fund,	8979
and the county auditor shall transfer to the county general fund	8980
from the amount thereof the total amount of all fees and charges	8981
that the auditor and treasurer would have been authorized to	8982
receive had such section not been in effect and that amount had	8983
been levied and collected as taxes. The county auditor shall	8984
distribute the amount remaining among the various taxing districts	8985
in the county as if it had been levied, collected, and settled as	8986
manufactured home taxes.	8987

Sec. 323.01. Except as otherwise provided, as used in	8988
Chapter 323. of the Revised Code:	8989

(A) "Subdivision" means any county, township, school	8990
district, or municipal corporation.	8991

(B) "Municipal corporation" includes charter municipalities.

8992

(C) "Taxes" means the total amount of all charges against an	8993
entry appearing on a tax list and the duplicate thereof that was	8994
prepared and certified in accordance with section 319.28 of the	8995
Revised Code, including taxes levied against real estate; taxes on	8996
property whose value is certified pursuant to section 5727.23 of	8997
the Revised Code; recoupment charges applied pursuant to section	8998
5713.35 of the Revised Code; all assessments; penalties and	8999
interest charged pursuant to section 323.121 of the Revised Code;	9000
charges added pursuant to section 319.35 of the Revised Code; and	9001
all of such charges which remain unpaid from any previous tax	9002
year.	9003

(D) "Current taxes" means all taxes charged against an entry	9004
on the general tax list and duplicate of real and public utility	9005
property that have not appeared on such list and duplicate for any	9006
prior tax year and any penalty thereon charged by division (A) of	9007
section 323.121 of the Revised Code. Current taxes, whether or not	9008
they have been certified delinquent, become delinquent taxes if	9009
they remain unpaid after the last day prescribed for payment of	9010
the second installment of current taxes without penalty.	9011

(E) "Delinquent taxes" means:

9012

(1) Any taxes charged against an entry on the general tax	9013
list and duplicate of real and public utility property that were	9014
charged against an entry on such list and duplicate for a prior	9015
tax year and any penalties and interest charged against such	9016
taxes.	9017

(2) Any current taxes charged on the general tax list and	9018
duplicate of real and public utility property that remain unpaid	9019
after the last day prescribed for payment of the second	9020
installment of such taxes without penalty, whether or not they	9021
have been certified delinquent, and any penalties and interest	9022
charged against such taxes.	9023

(F) "Current tax year" means, with respect to particular	9024
taxes, the calendar year in which the first installment of taxes	9025
is due prior to any extension granted under section 323.17 of the	9026
Revised Code.	9027

(G) "Liquidated claim" means:

9028

(1) Any sum of money due and payable, upon a written	9029
contractual obligation executed between the subdivision and the	9030
taxpayer, but excluding any amount due on general and special	9031
assessment bonds and notes;	9032

(2) Any sum of money due and payable, for disability	9033
financial assistance ~~or disability medical assistance~~ provided	9034
under Chapter 5115. of the Revised Code that is furnished to or in	9035
behalf of a subdivision, provided that such claim is recognized by	9036
a resolution or ordinance of the legislative body of such	9037
subdivision;	9038

(3) Any sum of money advanced and paid to or received and	9039
used by a subdivision, pursuant to a resolution or ordinance of	9040
such subdivision or its predecessor in interest, and the moral	9041
obligation to repay which sum, when in funds, shall be recognized	9042
by resolution or ordinance by the subdivision.	9043

Sec. 323.152. In addition to the reduction in taxes required	9044
under section 319.302 of the Revised Code, taxes shall be reduced	9045
as provided in divisions (A) and (B) of this section.	9046

(A)(1) Division (A) of this section applies to any of the	9047
following:	9048

(a) A person who is permanently and totally disabled;

9049

(b) A person who is sixty-five years of age or older;

9050

(c) A person who is the surviving spouse of a deceased person	9051
who was permanently and totally disabled or sixty-five years of	9052
age or older and who applied and qualified for a reduction in	9053
taxes under this division in the year of death, provided the	9054
surviving spouse is at least fifty-nine but not sixty-five or more	9055
years of age on the date the deceased spouse dies.	9056

(2) Real property taxes on a homestead owned and occupied, or	9057
a homestead in a housing cooperative occupied, by a person to whom	9058
division (A) of this section applies shall be reduced for each	9059
year for which the owner obtains a certificate of reduction from	9060
the county auditor under section 323.154 of the Revised Code or	9061
for which the occupant obtains a certificate of reduction in	9062
accordance with section 323.159 of the Revised Code. The reduction	9063
shall equal the amount obtained by multiplying the tax rate for	9064
the tax year for which the certificate is issued by the reduction	9065
in taxable value shown in the following schedule:	9066

		Reduce Taxable Value		9067
Total Income		by the Lesser of:		9068

$11,900 or less	$5,000 or seventy-five per cent	9069
More than $11,900 but not more than $17,500	$3,000 or sixty per cent	9070
More than $17,500 but not more than $23,000	$1,000 or twenty-five per cent	9071
More than $23,000	-0-	9072

(3) Each calendar year, the tax commissioner shall adjust the	9073
foregoing schedule by completing the following calculations in	9074
September of each year:	9075

(a) Determine the percentage increase in the gross domestic	9076
product deflator determined by the bureau of economic analysis of	9077
the United States department of commerce from the first day of	9078
January of the preceding calendar year to the last day of December	9079
of the preceding calendar year;	9080

(b) Multiply that percentage increase by each of the total	9081
income amounts, and by each dollar amount by which taxable value	9082
is reduced, for the current tax year;	9083

(c) Add the resulting product to each of the total income	9084
amounts, and to each of the dollar amounts by which taxable value	9085
is reduced, for the current tax year;	9086

(d)(i) Except as provided in division (A)(3)(d)(ii) of this	9087
section, round the resulting sum to the nearest multiple of one	9088
hundred dollars;	9089

(ii) If rounding the resulting sum to the nearest multiple of	9090
one hundred dollars under division (A)(3)(d)(i) of this section	9091
does not increase the dollar amounts by which taxable value is	9092
reduced, the resulting sum instead shall be rounded to the nearest	9093
multiple of ten dollars.	9094

The commissioner shall certify the amounts resulting from the	9095
adjustment to each county auditor not later than the first day of	9096
December each year. The certified amounts apply to the following	9097
tax year. The commissioner shall not make the adjustment in any	9098
calendar year in which the amounts resulting from the adjustment	9099
would be less than the total income amounts, or less than the	9100
dollar amounts by which taxable value is reduced, for the current	9101
tax year.	9102

(B) ~~Real~~To provide a partial exemption, real property taxes	9103
on any homestead, and manufactured home taxes on any manufactured	9104
or mobile home on which a manufactured home tax is assessed	9105
pursuant to division (D)(2) of section 4503.06 of the Revised	9106
Code, shall be reduced for each year for which the owner obtains a	9107
certificate of reduction from the county auditor under section	9108
323.154 of the Revised Code. The amount of the reduction shall	9109
equal ~~one-fourth~~two and one-half per cent of the amount ~~by which~~	9110
~~the~~of taxes ~~charged and payable~~to be levied on the homestead or	9111
the manufactured or mobile home ~~are reduced for such year under~~	9112
after applying section ~~319.302~~319.301 of the Revised Code.	9113

(C) The reductions granted by this section do not apply to	9114
special assessments or respread of assessments levied against the	9115
homestead, and if there is a transfer of ownership subsequent to	9116
the filing of an application for a reduction in taxes, such	9117
reductions are not forfeited for such year by virtue of such	9118
transfer.	9119

(D) The reductions in taxable value referred to in this	9120
section shall be applied solely as a factor for the purpose of	9121
computing the reduction of taxes under this section and shall not	9122
affect the total value of property in any subdivision or taxing	9123
district as listed and assessed for taxation on the tax lists and	9124
duplicates, or any direct or indirect limitations on indebtedness	9125
of a subdivision or taxing district. If after application of	9126
sections 5705.31 and 5705.32 of the Revised Code, including the	9127
allocation of all levies within the ten-mill limitation to debt	9128
charges to the extent therein provided, there would be	9129
insufficient funds for payment of debt charges not provided for by	9130
levies in excess of the ten-mill limitation, the reduction of	9131
taxes provided for in sections 323.151 to 323.159 of the Revised	9132
Code shall be proportionately adjusted to the extent necessary to	9133
provide such funds from levies within the ten-mill limitation.	9134

(E) No reduction shall be made on the taxes due on the	9135
homestead of any person convicted of violating division (C) or (D)	9136
of section 323.153 of the Revised Code for a period of three years	9137
following the conviction.	9138

Sec. 323.17. When any taxing authority in the county has	9139
certified to the board of elections a resolution that would serve	9140
to place upon the ballot at a general election or at any special	9141
election held prior to the general election but subsequent to the	9142
first Tuesday after the first Monday in August the question of a	9143
tax to be levied on the current tax list and duplicate for any	9144
purpose, or if the auditor has not received the certified	9145
reduction factors as required by division (D)(2) or(F)(2) of	9146
section 319.301 of the Revised Code, the time for delivery of the	9147
tax duplicate of the county treasurer by the county auditor as	9148
provided in section 319.28 of the Revised Code shall be extended	9149
to the first Monday in December. When delivery of the tax	9150
duplicate has been so delayed, the times for payment of taxes as	9151
fixed by section 323.12 of the Revised Code may be extended to the	9152
thirty-first day of January and the twentieth day of July. In case	9153
of emergency the tax commissioner may, by journal entry, extend	9154
the times for delivery of the duplicate in any county for an	9155
additional fifteen days upon receipt of a written application from	9156
the county auditor, in the case of a delay in the delivery of the	9157
tax duplicate, or from the treasurer regarding an extension of the	9158
time for the billing and collection of taxes.	9159

When a delay in the closing of a tax collection period	9160
becomes unavoidable, the tax commissioner, upon application of the	9161
county auditor and county treasurer, may extend the time for	9162
payment of taxes if hethe commissioner determines that penalties	9163
have accrued or would otherwise accrue for reasons beyond the	9164
control of the taxpayers of the county. The order so issued by the	9165
commissioner shall prescribe the final extended date for the	9166
payment of taxes for that collection period.	9167

"Emergency," as used in this section, includes death or	9168
serious illness, any organized work stoppage, mechanical failure	9169
of office equipment or machinery, or a delay in complying with	9170
section 5715.24 or 5715.26 of the Revised Code which will cause an	9171
unavoidable delay in the delivery of duplicates or in the billing	9172
or collection of taxes. Such application shall contain a statement	9173
describing the emergency that will cause the unavoidable delay.	9174
Any application from the county auditor for an extension of time	9175
for delivery of the duplicate due to an emergency must be received	9176
by the tax commissioner on or before the last day of the month	9177
preceding the date required for such delivery. When an extension	9178
of time for delivery of the duplicate is so granted, the time for	9179
payment of taxes shall be extended for a like period of time.	9180

Whenever taxable real property has been destroyed or damaged	9181
by fire, flood, tornado, or otherwise, in an amount not less than	9182
twenty-five per cent of the value as listed and assessed for	9183
taxation but in no event less than two thousand dollars of taxable	9184
value, the county board of revision, by resolution, may extend the	9185
time for payment of taxes on such property not more than one year	9186
after the time fixed by section 323.12 of the Revised Code. The	9187
board shall file a copy of such resolution with the county auditor	9188
and county treasurer, stating the name of the owner and	9189
description as it appears on the tax list, the taxing district,	9190
the type and kind of property destroyed or damaged, and the	9191
board's estimate of the amount of such destruction or damage.	9192

Sec. 325.31. (A) On the first business day of each month,	9193
and at the end of the officer's term of office, each officer named	9194
in section 325.27 of the Revised Code shall pay into the county	9195
treasury, to the credit of the general county fund, on the warrant	9196
of the county auditor, all fees, costs, penalties, percentages,	9197
allowances, and perquisites collected by the officer's office	9198
during the preceding month or part thereof for official services,	9199
except the fees allowed the county auditor by division (B) of	9200
section 319.54 of the Revised Code, which shall be paid into the	9201
county treasury to the credit of the real estate assessment fund	9202
hereby created.	9203

(B) Moneys to the credit of the real estate assessment fund	9204
may be expended, upon appropriation by the board of county	9205
commissioners, for the purpose of defraying one or more of the	9206
following:	9207

(1) ~~The cost incurred by the county auditor in assessing real~~	9208
~~estate pursuant to Chapter 5713. of the Revised Code and~~	9209
~~manufactured and mobile homes pursuant to Chapter 4503. of the~~	9210
~~Revised Code;~~	9211

~~(2)~~ At the county auditor's discretion, costs and expenses	9212
incurred by the county auditor in preparing the list of real and	9213
public utility property, in administering laws related to the	9214
taxation of real property and the levying of special assessments	9215
on real property, including administering reductions under	9216
Chapters 319. and 323. and section 4503.065 of the Revised Code,	9217
and to support assessments of real property in any administrative	9218
or judicial proceeding;	9219

~~(3)~~(2) At the county auditor's discretion, the expenses	9220
incurred by the county board of revision under Chapter 5715. of	9221
the Revised Code;	9222

~~(4)~~(3) At the county auditor's discretion, the expenses	9223
incurred by the county auditor for geographic information systems,	9224
mapping programs, and technological advances in those or similar	9225
systems or programs;	9226

~~(5)~~(4) At the county auditor's discretion, expenses incurred	9227
by the county auditor in compiling the general tax list of	9228
tangible personal property and administering tangible personal	9229
property taxes under Chapters 5711. and 5719. of the Revised Code;	9230

~~(6)~~(5) At the county auditor's discretion, costs, expenses,	9231
and fees incurred by the county auditor in the administration of	9232
estate taxes under Chapter 5731. of the Revised Code, including	9233
costs, expenses, and fees incurred under section 5731.41 of the	9234
Revised Code, and costs, expenses, and fees incurred in assessing	9235
real estate pursuant to Chapter 5713. of the Revised Code and	9236
manufactured and mobile homes pursuant to Chapter 4503. of the	9237
Revised Code.	9238

Any expenditures made from the real estate assessment fund	9239
shall comply with rules that the tax commissioner adopts under	9240
division (O) of section 5703.05 of the Revised Code. Those rules	9241
shall include a requirement that a copy of any appraisal plans,	9242
progress of work reports, contracts, or other documents required	9243
to be filed with the tax commissioner shall be filed also with the	9244
board of county commissioners.	9245

The board of county commissioners shall not transfer moneys	9246
required to be deposited in the real estate assessment fund to any	9247
other fund. Following an assessment of real property pursuant to	9248
Chapter 5713. of the Revised Code, or an assessment of a	9249
manufactured or mobile home pursuant to Chapter 4503. of the	9250
Revised Code, any moneys not expended for the purpose of defraying	9251
the cost incurred in assessing real estate or manufactured or	9252
mobile homes or for the purpose of defraying the expenses	9253
described in divisions (B)(1), (2), (3), (4), and (5)~~, and (6)~~ of	9254
this section, and thereby remaining to the credit of the real	9255
estate assessment fund, shall be apportioned ratably and	9256
distributed to those taxing authorities that contributed to the	9257
fund. However, no such distribution shall be made if the amount of	9258
such unexpended moneys remaining to the credit of the real estate	9259
assessment fund does not exceed five thousand dollars.	9260

(C) None of the officers named in section 325.27 of the	9261
Revised Code shall collect any fees from the county. Each of such	9262
officers shall, at the end of each calendar year, make and file a	9263
sworn statement with the board of county commissioners of all such	9264
fees, costs, penalties, percentages, allowances, and perquisites	9265
which have been due in the officer's office and unpaid for more	9266
than one year prior to the date such statement is required to be	9267
made.	9268

Sec. 329.04. (A) The county department of job and family	9269
services shall have, exercise, and perform the following powers	9270
and duties:	9271

(1) Perform any duties assigned by the state department of	9272
job and family services regarding the provision of public family	9273
services, including the provision of the following services to	9274
prevent or reduce economic or personal dependency and to	9275
strengthen family life:	9276

(a) Services authorized by a Title IV-A program, as defined	9277
in section 5101.80 of the Revised Code;	9278

(b) Social services authorized by Title XX of the "Social	9279
Security Act" and provided for by section 5101.46 or 5101.461 of	9280
the Revised Code;	9281

(c) If the county department is designated as the child	9282
support enforcement agency, services authorized by Title IV-D of	9283
the "Social Security Act" and provided for by Chapter 3125. of the	9284
Revised Code. The county department may perform the services	9285
itself or contract with other government entities, and, pursuant	9286
to division (C) of section 2301.35 and section 2301.42 of the	9287
Revised Code, private entities, to perform the Title IV-D	9288
services.	9289

(d) Duties assigned under section 5111.98 of the Revised	9290
Code.	9291

(2) Administer disability financial assistance, as required	9292
by the state department of job and family services under section	9293
5115.03 of the Revised Code;	9294

(3) ~~Administer disability medical assistance, as required by~~	9295
~~the state department of job and family services under section~~	9296
~~5115.13 of the Revised Code;~~	9297

~~(4)~~ Administer burials insofar as the administration of	9298
burials was, prior to September 12, 1947, imposed upon the board	9299
of county commissioners and if otherwise required by state law;	9300

~~(5)~~(4) Cooperate with state and federal authorities in any	9301
matter relating to family services and to act as the agent of such	9302
authorities;	9303

~~(6)~~(5) Submit an annual account of its work and expenses to	9304
the board of county commissioners and to the state department of	9305
job and family services at the close of each fiscal year;	9306

~~(7)~~(6) Exercise any powers and duties relating to family	9307
services duties or workforce development activities imposed upon	9308
the county department of job and family services by law, by	9309
resolution of the board of county commissioners, or by order of	9310
the governor, when authorized by law, to meet emergencies during	9311
war or peace;	9312

~~(8)~~(7) Determine the eligibility for medical assistance of	9313
recipients of aid under Title XVI of the "Social Security Act";	9314

~~(9)~~(8) If assigned by the state director of job and family	9315
services under section 5101.515 of the Revised Code, determine	9316
applicants' eligibility for health assistance under the children's	9317
health insurance program part II;	9318

~~(10)~~(9) Enter into a plan of cooperation with the board of	9319
county commissioners under section 307.983, consult with the board	9320
in the development of the transportation work plan developed under	9321
section 307.985, establish with the board procedures under section	9322
307.986 for providing services to children whose families relocate	9323
frequently, and comply with the contracts the board enters into	9324
under sections 307.981 and 307.982 of the Revised Code that affect	9325
the county department;	9326

~~(11)~~(10) For the purpose of complying with a fiscal agreement	9327
the board of county commissioners enters into under section 307.98	9328
of the Revised Code, exercise the powers and perform the duties	9329
the fiscal agreement assigns to the county department;	9330

~~(12)~~(11) If the county department is designated as the	9331
workforce development agency, provide the workforce development	9332
activities specified in the contract required by section 330.05 of	9333
the Revised Code.	9334

(B) The powers and duties of a county department of job and	9335
family services are, and shall be exercised and performed, under	9336
the control and direction of the board of county commissioners.	9337
The board may assign to the county department any power or duty of	9338
the board regarding family services duties and workforce	9339
development activities. If the new power or duty necessitates the	9340
state department of job and family services changing its federal	9341
cost allocation plan, the county department may not implement the	9342
power or duty unless the United States department of health and	9343
human services approves the changes.	9344

Sec. 329.051. The county department of job and family	9345
services shall make voter registration applications as prescribed	9346
by the secretary of state under section 3503.10 of the Revised	9347
Code available to persons who are applying for, receiving	9348
assistance from, or participating in any of the following:	9349

(A) The disability financial assistance program established	9350
under Chapter 5115. of the Revised Code;	9351

(B) ~~The disability medical assistance program established~~	9352
~~under Chapter 5115. of the Revised Code;~~	9353

~~(C)~~ The medical assistance program established under Chapter	9354
5111. of the Revised Code;	9355

~~(D)~~(C) The Ohio works first program established under Chapter	9356
5107. of the Revised Code;	9357

~~(E)~~(D) The prevention, retention, and contingency program	9358
established under Chapter 5108. of the Revised Code.	9359

Sec. 339.72. (A) Each board of county commissioners shall	9360
provide for the county to be served by a tuberculosis control unit	9361
by designating a county tuberculosis control unit or by entering	9362
into an agreement with one or more boards of county commissioners	9363
of other counties under which the boards jointly designate a	9364
district tuberculosis control unit. The entity designated as the	9365
county or district tuberculosis control unit may be any of the	9366
following:	9367

(1) A communicable disease control program operated by a	9368
board of health of a city or general health district pursuant to	9369
section 3709.22 of the Revised Code;	9370

(2) ~~A tuberculosis program operated by a county that receives~~	9371
~~funds pursuant to section 339.77 of the Revised Code;~~	9372

~~(3)~~ A tuberculosis clinic established by a board of county	9373
commissioners pursuant to section 339.76 of the Revised Code;	9374

~~(4)~~(3) A hospital that provides tuberculosis clinic services	9375
under a contract with a board of county commissioners pursuant to	9376
section 339.75 of the Revised Code.	9377

(B) The entity designated under division (A) of this section	9378
as the tuberculosis control unit shall accept that designation and	9379
fulfill its duties as the tuberculosis control unit specified	9380
under sections 339.71 to 339.89 of the Revised Code.	9381

Sec. 339.73. Each county or district tuberculosis control	9382
unit shall ensure that tuberculosis treatment is made available to	9383
all individuals with tuberculosis who reside in the area served by	9384
the unit. In making treatment available, the tuberculosis control	9385
unit may provide the treatment or make referrals for receipt of	9386
treatment from other entities. The unit may make referrals for	9387
receipt of temporary housing.	9388

The tuberculosis treatment provided under this section is	9389
limited to cases of active tuberculosis and infected contacts and	9390
includes provision of antituberculosis medication, conduct of an	9391
investigation under section 339.80 of the Revised Code, provision	9392
of appropriate follow-up services for confirmed and suspected	9393
cases of active tuberculosis, and provision of services by a	9394
physician through a course of therapy that meets the standards for	9395
tuberculosis treatment established by the United States centers	9396
for disease control and prevention or the American thoracic	9397
society.	9398

The tuberculosis control unit shall serve all residents	9399
within its jurisdiction, regardless of the length of time that the	9400
individual has resided in the area or the individual's income and	9401
resources. An individual who receives tuberculosis treatment shall	9402
disclose to the tuberculosis control unit the identity of any	9403
third party against whom the individual has or may have a right of	9404
recovery for the treatment provided. The board of county	9405
commissioners ~~is the payor of last resort for tuberculosis~~	9406
~~treatment and shall~~may pay for treatment only to the extent that	9407
payment is not made through third-party benefits.	9408

Sec. 339.88. The expenses incurred for detention under	9409
section 339.86 or 339.87 of the Revised Code shall be paid by the	9410
individual detained or if the individual is indigent, by the board	9411
of county commissioners of the county from which the individual	9412
was removed. ~~The board of county commissioners may apply to the~~	9413
~~director of health for reimbursement under section 339.77 of the~~	9414
~~Revised Code for expenses of detaining indigent individuals with~~	9415
~~tuberculosis.~~	9416

Sec. 340.03. (A) Subject to rules issued by the director of	9417
mental health after consultation with relevant constituencies as	9418
required by division (A)(11) of section 5119.06 of the Revised	9419
Code, with regard to mental health services, the board of alcohol,	9420
drug addiction, and mental health services shall:	9421

(1) Serve as the community mental health planning agency for	9422
the county or counties under its jurisdiction, and in so doing it	9423
shall:	9424

(a) Evaluate the need for facilities and community mental	9425
health services;	9426

(b) In cooperation with other local and regional planning and	9427
funding bodies and with relevant ethnic organizations, assess the	9428
community mental health needs, set priorities, and develop plans	9429
for the operation of facilities and community mental health	9430
services;	9431

(c) In accordance with guidelines issued by the director of	9432
mental health after consultation with board representatives,	9433
develop and submit to the department of mental health, no later	9434
than six months prior to the conclusion of the fiscal year in	9435
which the board's current plan is scheduled to expire, a community	9436
mental health plan listing community mental health needs,	9437
including the needs of all residents of the district now residing	9438
in state mental institutions and severely mentally disabled	9439
adults, children, and adolescents; all children subject to a	9440
determination made pursuant to section 121.38 of the Revised Code;	9441
and all the facilities and community mental health services that	9442
are or will be in operation or provided during the period for	9443
which the plan will be in operation in the service district to	9444
meet such needs.	9445

The plan shall include, but not be limited to, a statement of	9446
which of the services listed in section 340.09 of the Revised Code	9447
the board intends to provide or purchase, an explanation of how	9448
the board intends to make any payments that it may be required to	9449
pay under section 5119.62 of the Revised Code, a statement of the	9450
inpatient and community-based services the board proposes that the	9451
department operate, an assessment of the number and types of	9452
residential facilities needed, and such other information as the	9453
department requests, and a budget for moneys the board expects to	9454
receive. The board shall also submit an allocation request for	9455
state and federal funds. Within sixty days after the department's	9456
determination that the plan and allocation request are complete,	9457
the department shall approve or disapprove the plan and request,	9458
in whole or in part, according to the criteria developed pursuant	9459
to section 5119.61 of the Revised Code. The department's statement	9460
of approval or disapproval shall specify the inpatient and the	9461
community-based services that the department will operate for the	9462
board. Eligibility for financial support shall be contingent upon	9463
an approved plan or relevant part of a plan.	9464

If the director disapproves all or part of any plan, the	9465
director shall inform the board of the reasons for the disapproval	9466
and of the criteria that must be met before the plan may be	9467
approved. The director shall provide the board an opportunity to	9468
present its case on behalf of the plan. The director shall give	9469
the board a reasonable time in which to meet the criteria, and	9470
shall offer the board technical assistance to help it meet the	9471
criteria.	9472

If the approval of a plan remains in dispute thirty days	9473
prior to the conclusion of the fiscal year in which the board's	9474
current plan is scheduled to expire, the board or the director may	9475
request that the dispute be submitted to a mutually agreed upon	9476
third-party mediator with the cost to be shared by the board and	9477
the department. The mediator shall issue to the board and the	9478
department recommendations for resolution of the dispute. Prior to	9479
the conclusion of the fiscal year in which the current plan is	9480
scheduled to expire, the director, taking into consideration the	9481
recommendations of the mediator, shall make a final determination	9482
and approve or disapprove the plan, in whole or in part.	9483

If a board determines that it is necessary to amend a plan or	9484
an allocation request that has been approved under division	9485
(A)(1)(c) of this section, the board shall submit a proposed	9486
amendment to the director. The director may approve or disapprove	9487
all or part of the amendment. If the director does not approve all	9488
or part of the amendment within thirty days after it is submitted,	9489
the amendment or part of it shall be considered to have been	9490
approved. The director shall inform the board of the reasons for	9491
disapproval of all or part of an amendment and of the criteria	9492
that must be met before the amendment may be approved. The	9493
director shall provide the board an opportunity to present its	9494
case on behalf of the amendment. The director shall give the board	9495
a reasonable time in which to meet the criteria, and shall offer	9496
the board technical assistance to help it meet the criteria.	9497

The board shall implement the plan approved by the	9498
department.	9499

(d) Receive, compile, and transmit to the department of	9500
mental health applications for state reimbursement;	9501

(e) Promote, arrange, and implement working agreements with	9502
social agencies, both public and private, and with judicial	9503
agencies.	9504

(2) Investigate, or request another agency to investigate,	9505
any complaint alleging abuse or neglect of any person receiving	9506
services from a community mental health agency as defined in	9507
section 5122.01 of the Revised Code, or from a residential	9508
facility licensed under section 5119.22 of the Revised Code. If	9509
the investigation substantiates the charge of abuse or neglect,	9510
the board shall take whatever action it determines is necessary to	9511
correct the situation, including notification of the appropriate	9512
authorities. Upon request, the board shall provide information	9513
about such investigations to the department.	9514

(3) For the purpose of section 5119.611 of the Revised Code,	9515
cooperate with the director of mental health in visiting and	9516
evaluating whether the services of a community mental health	9517
agency satisfy the certification standards established by rules	9518
adopted under that section;	9519

(4) In accordance with criteria established under division	9520
(G) of section 5119.61 of the Revised Code, review and evaluate	9521
the quality, effectiveness, and efficiency of services provided	9522
through its community mental health plan and submit its findings	9523
and recommendations to the department of mental health;	9524

(5) In accordance with section 5119.22 of the Revised Code,	9525
review applications for residential facility licenses and	9526
recommend to the department of mental health approval or	9527
disapproval of applications;	9528

(6) Audit, in accordance with rules adopted by the auditor of	9529
state pursuant to section 117.20 of the Revised Code, at least	9530
annually all programs and services provided under contract with	9531
the board. In so doing, the board may contract for or employ the	9532
services of private auditors. A copy of the fiscal audit report	9533
shall be provided to the director of mental health, the auditor of	9534
state, and the county auditor of each county in the board's	9535
district.	9536

(7) Recruit and promote local financial support for mental	9537
health programs from private and public sources;	9538

(8)(a) Enter into contracts with public and private	9539
facilities for the operation of facility services included in the	9540
board's community mental health plan and enter into contracts with	9541
public and private community mental health agencies for the	9542
provision of community mental health services listed in section	9543
340.09 of the Revised Code and included in the board's community	9544
mental health plan. Contracts with community mental health	9545
agencies are subject to section 5119.611 of the Revised Code.	9546
Section 307.86 of the Revised Code does not apply to contracts	9547
entered into under this division. In contracting with a community	9548
mental health agency, a board shall consider the cost	9549
effectiveness of services provided by that agency and the quality	9550
and continuity of care, and may review cost elements, including	9551
salary costs, of the services to be provided. A utilization review	9552
process shall be established as part of the contract for services	9553
entered into between a board and a community mental health agency.	9554
The board may establish this process in a way that is most	9555
effective and efficient in meeting local needs. In the case of a	9556
contract with a community mental health facility, as defined in	9557
section ~~5111.022~~5111.023 of the Revised Code, to provide services	9558
listed in division (B) of that section, the contract shall provide	9559
for the facility to be paid in accordance with the contract	9560
entered into between the departments of job and family services	9561
and mental health under section 5111.91 of the Revised Code and	9562
any rules adopted under division (A) of section 5119.61 of the	9563
Revised Code.	9564

If either the board or a facility or community mental health	9565
agency with which the board contracts under division (A)(8)(a) of	9566
this section proposes not to renew the contract or proposes	9567
substantial changes in contract terms, the other party shall be	9568
given written notice at least one hundred twenty days before the	9569
expiration date of the contract. During the first sixty days of	9570
this one hundred twenty-day period, both parties shall attempt to	9571
resolve any dispute through good faith collaboration and	9572
negotiation in order to continue to provide services to persons in	9573
need. If the dispute has not been resolved sixty days before the	9574
expiration date of the contract, either party may notify the	9575
department of mental health of the unresolved dispute. The	9576
director may require both parties to submit the dispute to a third	9577
party with the cost to be shared by the board and the facility or	9578
community mental health agency. The third party shall issue to the	9579
board, the facility or agency, and the department recommendations	9580
on how the dispute may be resolved twenty days prior to the	9581
expiration date of the contract, unless both parties agree to a	9582
time extension. The director shall adopt rules establishing the	9583
procedures of this dispute resolution process.	9584

(b) With the prior approval of the director of mental health,	9585
a board may operate a facility or provide a community mental	9586
health service as follows, if there is no other qualified private	9587
or public facility or community mental health agency that is	9588
immediately available and willing to operate such a facility or	9589
provide the service:	9590

(i) In an emergency situation, any board may operate a	9591
facility or provide a community mental health service in order to	9592
provide essential services for the duration of the emergency;	9593

(ii) In a service district with a population of at least one	9594
hundred thousand but less than five hundred thousand, a board may	9595
operate a facility or provide a community mental health service	9596
for no longer than one year;	9597

(iii) In a service district with a population of less than	9598
one hundred thousand, a board may operate a facility or provide a	9599
community mental health service for no longer than one year,	9600
except that such a board may operate a facility or provide a	9601
community mental health service for more than one year with the	9602
prior approval of the director and the prior approval of the board	9603
of county commissioners, or of a majority of the boards of county	9604
commissioners if the district is a joint-county district.	9605

The director shall not give a board approval to operate a	9606
facility or provide a community mental health service under	9607
division (A)(8)(b)(ii) or (iii) of this section unless the	9608
director determines that it is not feasible to have the department	9609
operate the facility or provide the service.	9610

The director shall not give a board approval to operate a	9611
facility or provide a community mental health service under	9612
division (A)(8)(b)(iii) of this section unless the director	9613
determines that the board will provide greater administrative	9614
efficiency and more or better services than would be available if	9615
the board contracted with a private or public facility or	9616
community mental health agency.	9617

The director shall not give a board approval to operate a	9618
facility previously operated by a person or other government	9619
entity unless the board has established to the director's	9620
satisfaction that the person or other government entity cannot	9621
effectively operate the facility or that the person or other	9622
government entity has requested the board to take over operation	9623
of the facility. The director shall not give a board approval to	9624
provide a community mental health service previously provided by a	9625
community mental health agency unless the board has established to	9626
the director's satisfaction that the agency cannot effectively	9627
provide the service or that the agency has requested the board	9628
take over providing the service.	9629

The director shall review and evaluate a board's operation of	9630
a facility and provision of community mental health service under	9631
division (A)(8)(b) of this section.	9632

Nothing in division (A)(8)(b) of this section authorizes a	9633
board to administer or direct the daily operation of any facility	9634
or community mental health agency, but a facility or agency may	9635
contract with a board to receive administrative services or staff	9636
direction from the board under the direction of the governing body	9637
of the facility or agency.	9638

(9) Approve fee schedules and related charges or adopt a unit	9639
cost schedule or other methods of payment for contract services	9640
provided by community mental health agencies in accordance with	9641
guidelines issued by the department as necessary to comply with	9642
state and federal laws pertaining to financial assistance;	9643

(10) Submit to the director and the county commissioners of	9644
the county or counties served by the board, and make available to	9645
the public, an annual report of the programs under the	9646
jurisdiction of the board, including a fiscal accounting;	9647

(11) Establish, to the extent resources are available, a	9648
community support system, which provides for treatment, support,	9649
and rehabilitation services and opportunities. The essential	9650
elements of the system include, but are not limited to, the	9651
following components in accordance with section 5119.06 of the	9652
Revised Code:	9653

(a) To locate persons in need of mental health services to	9654
inform them of available services and benefits mechanisms;	9655

(b) Assistance for clients to obtain services necessary to	9656
meet basic human needs for food, clothing, shelter, medical care,	9657
personal safety, and income;	9658

(c) Mental health care, including, but not limited to,	9659
outpatient, partial hospitalization, and, where appropriate,	9660
inpatient care;	9661

(d) Emergency services and crisis intervention;

9662

(e) Assistance for clients to obtain vocational services and	9663
opportunities for jobs;	9664

(f) The provision of services designed to develop social,	9665
community, and personal living skills;	9666

(g) Access to a wide range of housing and the provision of	9667
residential treatment and support;	9668

(h) Support, assistance, consultation, and education for	9669
families, friends, consumers of mental health services, and	9670
others;	9671

(i) Recognition and encouragement of families, friends,	9672
neighborhood networks, especially networks that include racial and	9673
ethnic minorities, churches, community organizations, and	9674
meaningful employment as natural supports for consumers of mental	9675
health services;	9676

(j) Grievance procedures and protection of the rights of	9677
consumers of mental health services;	9678

(k) Case management, which includes continual individualized	9679
assistance and advocacy to ensure that needed services are offered	9680
and procured.	9681

(12) Designate the treatment program, agency, or facility for	9682
each person involuntarily committed to the board pursuant to	9683
Chapter 5122. of the Revised Code and authorize payment for such	9684
treatment. The board shall provide the least restrictive and most	9685
appropriate alternative that is available for any person	9686
involuntarily committed to it and shall assure that the services	9687
listed in section 340.09 of the Revised Code are available to	9688
severely mentally disabled persons residing within its service	9689
district. The board shall establish the procedure for authorizing	9690
payment for services, which may include prior authorization in	9691
appropriate circumstances. The board may provide for services	9692
directly to a severely mentally disabled person when life or	9693
safety is endangered and when no community mental health agency is	9694
available to provide the service.	9695

(13) Establish a method for evaluating referrals for	9696
involuntary commitment and affidavits filed pursuant to section	9697
5122.11 of the Revised Code in order to assist the probate	9698
division of the court of common pleas in determining whether there	9699
is probable cause that a respondent is subject to involuntary	9700
hospitalization and what alternative treatment is available and	9701
appropriate, if any;	9702

(14) Ensure that apartments or rooms built, subsidized,	9703
renovated, rented, owned, or leased by the board or a community	9704
mental health agency have been approved as meeting minimum fire	9705
safety standards and that persons residing in the rooms or	9706
apartments are receiving appropriate and necessary services,	9707
including culturally relevant services, from a community mental	9708
health agency. This division does not apply to residential	9709
facilities licensed pursuant to section 5119.22 of the Revised	9710
Code.	9711

(15) Establish a mechanism for involvement of consumer	9712
recommendation and advice on matters pertaining to mental health	9713
services in the alcohol, drug addiction, and mental health service	9714
district;	9715

(16) Perform the duties under section 3722.18 of the Revised	9716
Code required by rules adopted under section 5119.61 of the	9717
Revised Code regarding referrals by the board or mental health	9718
agencies under contract with the board of individuals with mental	9719
illness or severe mental disability to adult care facilities and	9720
effective arrangements for ongoing mental health services for the	9721
individuals. The board is accountable in the manner specified in	9722
the rules for ensuring that the ongoing mental health services are	9723
effectively arranged for the individuals.	9724

(B) The board shall establish such rules, operating	9725
procedures, standards, and bylaws, and perform such other duties	9726
as may be necessary or proper to carry out the purposes of this	9727
chapter.	9728

(C) A board of alcohol, drug addiction, and mental health	9729
services may receive by gift, grant, devise, or bequest any	9730
moneys, lands, or property for the benefit of the purposes for	9731
which the board is established, and may hold and apply it	9732
according to the terms of the gift, grant, or bequest. All money	9733
received, including accrued interest, by gift, grant, or bequest	9734
shall be deposited in the treasury of the county, the treasurer of	9735
which is custodian of the alcohol, drug addiction, and mental	9736
health services funds to the credit of the board and shall be	9737
available for use by the board for purposes stated by the donor or	9738
grantor.	9739

(D) No board member or employee of a board of alcohol, drug	9740
addiction, and mental health services shall be liable for injury	9741
or damages caused by any action or inaction taken within the scope	9742
of the board member's official duties or the employee's	9743
employment, whether or not such action or inaction is expressly	9744
authorized by this section, section 340.033, or any other section	9745
of the Revised Code, unless such action or inaction constitutes	9746
willful or wanton misconduct. Chapter 2744. of the Revised Code	9747
applies to any action or inaction by a board member or employee of	9748
a board taken within the scope of the board member's official	9749
duties or employee's employment. For the purposes of this	9750
division, the conduct of a board member or employee shall not be	9751
considered willful or wanton misconduct if the board member or	9752
employee acted in good faith and in a manner that the board member	9753
or employee reasonably believed was in or was not opposed to the	9754
best interests of the board and, with respect to any criminal	9755
action or proceeding, had no reasonable cause to believe the	9756
conduct was unlawful.	9757

(E) The meetings held by any committee established by a board	9758
of alcohol, drug addiction, and mental health services shall be	9759
considered to be meetings of a public body subject to section	9760
121.22 of the Revised Code.	9761

Sec. 340.16. Not later than ninety days after ~~the effective~~	9762
~~date of this section~~September 5, 2001, the department of mental	9763
health and the department of job and family services shall adopt	9764
rules that establish requirements and procedures for prior	9765
notification and service coordination between public children	9766
services agencies and boards of alcohol, drug addiction, and	9767
mental health services when a public children services agency	9768
refers a child in its custody to a board for services funded by	9769
the board. The rules shall be adopted in accordance with Chapter	9770
119. of the Revised Code.	9771

The department of mental health and department of job and	9772
family services shall collaborate in formulating a plan that	9773
delineates the funding responsibilities of public children	9774
services agencies and boards of alcohol, drug addiction, and	9775
mental health services for services provided under section	9776
~~5111.022~~5111.023 of the Revised Code to children in the custody	9777
of public children services agencies. The departments shall	9778
complete the plan not later than ninety days after ~~the effective~~	9779
~~date of this section~~September 5, 2001.	9780

Sec. 341.192. (A) As used in this section:

9781

(1) "Medical assistance program" has the same meaning as in	9782
section 2913.40 of the Revised Code.	9783

(2) "Medical provider" means a physician, hospital,	9784
laboratory, pharmacy, or other health care provider that is not	9785
employed by or under contract to a county to provide medical	9786
services to persons confined in the county jail and that is a	9787
medicaid provider under the medical assistance program.	9788

(3) "Necessary care" means medical care of a nonelective	9789
nature that cannot be postponed until after the period of	9790
confinement of a person who is confined in a county jail or in the	9791
custody of a law enforcement officer without endangering the life	9792
or health of the person.	9793

(B) If a physician employed by or under contract to a county	9794
to provide medical services to persons confined in the county jail	9795
determines that a person who is confined in the county jail or who	9796
is in the custody of a law enforcement officer prior to the	9797
person's confinement in the county jail requires necessary care	9798
that the physician cannot provide, the necessary care shall be	9799
provided by a medical provider. The county shall pay a medical	9800
provider for necessary care an amount not exceeding the authorized	9801
reimbursement rate for the same service established by the	9802
department of job and family services under the medical assistance	9803
program.	9804

Sec. 718.09. (A) This section applies to either of the	9805
following:	9806

(1) A municipal corporation that shares the same territory as	9807
a city, local, or exempted village school district, to the extent	9808
that not more than five per cent of the territory of the municipal	9809
corporation is located outside the school district and not more	9810
than five per cent of the territory of the school district is	9811
located outside the municipal corporation;	9812

(2) A municipal corporation that shares the same territory as	9813
a city, local, or exempted village school district, to the extent	9814
that not more than five per cent of the territory of the municipal	9815
corporation is located outside the school district, more than five	9816
per cent but not more than ten per cent of the territory of the	9817
school district is located outside the municipal corporation, and	9818
that portion of the territory of the school district that is	9819
located outside the municipal corporation is located entirely	9820
within another municipal corporation having a population of four	9821
hundred thousand or more according to the federal decennial census	9822
most recently completed before the agreement is entered into under	9823
division (B) of this section.	9824

(B) ~~Before January 1, 2001, the~~The legislative authority of	9825
a municipal corporation to which this section applies may propose	9826
to the electors an income tax, one of the purposes of which shall	9827
be to provide financial assistance to the school district through	9828
payment to the district of not less than twenty-five per cent of	9829
the revenue generated by the tax. Prior to proposing the tax, the	9830
legislative authority shall negotiate and enter into a written	9831
agreement with the board of education of the school district	9832
specifying the tax rate, the percentage of tax revenue to be paid	9833
to the school district, the purpose for which the school district	9834
will use the money, the first year the tax will be levied, the	9835
date of the special election on the question of the tax, and the	9836
method and schedule by which the municipal corporation will make	9837
payments to the school district. The special election shall be	9838
held ~~before January 1, 2001,~~ on a day specified in division (D) of	9839
section 3501.01 of the Revised Code, except that the special	9840
election may not be held on the day for holding a primary election	9841
as authorized by the municipal corporation's charter unless the	9842
municipal corporation is to have a primary election on that day.	9843

After the legislative authority and board of education have	9844
entered into the agreement, the legislative authority shall	9845
provide for levying the tax by ordinance. The ordinance shall	9846
state the tax rate, the percentage of tax revenue to be paid to	9847
the school district, the purpose for which the municipal	9848
corporation will use its share of the tax revenue, the first year	9849
the tax will be levied, and that the question of the income tax	9850
will be submitted to the electors of the municipal corporation.	9851
The legislative authority also shall adopt a resolution specifying	9852
the regular or special election date the election will be held and	9853
directing the board of elections to conduct the election. At least	9854
seventy-five days before the date of the election, the legislative	9855
authority shall file certified copies of the ordinance and	9856
resolution with the board of elections.	9857

(C) The board of elections shall make the necessary	9858
arrangements for the submission of the question to the electors of	9859
the municipal corporation, and shall conduct the election in the	9860
same manner as any other municipal income tax election. Notice of	9861
the election shall be published in a newspaper of general	9862
circulation in the municipal corporation once a week for four	9863
consecutive weeks prior to the election, and shall include	9864
statements of the rate and municipal corporation and school	9865
district purposes of the income tax, the percentage of tax revenue	9866
that will be paid to the school district, and the first year the	9867
tax will be levied. The ballot shall be in the following form:	9868

"Shall the ordinance providing for a ..... per cent levy on	9869
income for (brief description of the municipal corporation and	9870
school district purposes of the levy, including a statement of the	9871
percentage of tax revenue that will be paid to the school	9872
district) be passed?	9873

9874

		For the income tax			9875
		Against the income tax	"		9876

9877

(D) If the question is approved by a majority of the	9878
electors, the municipal corporation shall impose the income tax	9879
beginning in the year specified in the ordinance. The proceeds of	9880
the levy may be used only for the specified purposes, including	9881
payment of the specified percentage to the school district.	9882

Sec. 718.10. (A) This section applies to a group of two or	9883
more municipal corporations that, taken together, share the same	9884
territory as a single city, local, or exempted village school	9885
district, to the extent that not more than five per cent of the	9886
territory of the municipal corporations as a group is located	9887
outside the school district and not more than five per cent of the	9888
territory of the school district is located outside the municipal	9889
corporations as a group.	9890

(B) ~~Before January 1, 2001, the~~The legislative authorities	9891
of the municipal corporations in a group of municipal corporations	9892
to which this section applies each may propose to the electors an	9893
income tax, to be levied in concert with income taxes in the other	9894
municipal corporations of the group. One of the purposes of such a	9895
tax shall be to provide financial assistance to the school	9896
district through payment to the district of not less than	9897
twenty-five per cent of the revenue generated by the tax. Prior to	9898
proposing the taxes, the legislative authorities shall negotiate	9899
and enter into a written agreement with each other and with the	9900
board of education of the school district specifying the tax rate,	9901
the percentage of the tax revenue to be paid to the school	9902
district, the first year the tax will be levied, and the date of	9903
the election on the question of the tax, all of which shall be the	9904
same for each municipal corporation. The agreement also shall	9905
state the purpose for which the school district will use the	9906
money, and specify the method and schedule by which each municipal	9907
corporation will make payments to the school district. The special	9908
election shall be held ~~before January 1, 2001,~~ on a day specified	9909
in division (D) of section 3501.01 of the Revised Code, including	9910
a day on which all of the municipal corporations are to have a	9911
primary election.	9912

After the legislative authorities and board of education have	9913
entered into the agreement, each legislative authority shall	9914
provide for levying its tax by ordinance. Each ordinance shall	9915
state the rate of the tax, the percentage of tax revenue to be	9916
paid to the school district, the purpose for which the municipal	9917
corporation will use its share of the tax revenue, and the first	9918
year the tax will be levied. Each ordinance also shall state that	9919
the question of the income tax will be submitted to the electors	9920
of the municipal corporation on the same date as the submission of	9921
questions of an identical tax to the electors of each of the other	9922
municipal corporations in the group, and that unless the electors	9923
of all of the municipal corporations in the group approve the tax	9924
in their respective municipal corporations, none of the municipal	9925
corporations in the group shall levy the tax. Each legislative	9926
authority also shall adopt a resolution specifying the regular or	9927
special election date the election will be held and directing the	9928
board of elections to conduct the election. At least seventy-five	9929
days before the date of the election, each legislative authority	9930
shall file certified copies of the ordinance and resolution with	9931
the board of elections.	9932

(C) For each of the municipal corporations, the board of	9933
elections shall make the necessary arrangements for the submission	9934
of the question to the electors, and shall conduct the election in	9935
the same manner as any other municipal income tax election. For	9936
each of the municipal corporations, notice of the election shall	9937
be published in a newspaper of general circulation in the	9938
municipal corporation once a week for four consecutive weeks prior	9939
to the election. The notice shall include a statement of the rate	9940
and municipal corporation and school district purposes of the	9941
income tax, the percentage of tax revenue that will be paid to the	9942
school district, and the first year the tax will be levied, and an	9943
explanation that the tax will not be levied unless an identical	9944
tax is approved by the electors of each of the other municipal	9945
corporations in the group. The ballot shall be in the following	9946
form:	9947

"Shall the ordinance providing for a ... per cent levy on	9948
income for (brief description of the municipal corporation and	9949
school district purposes of the levy, including a statement of the	9950
percentage of income tax revenue that will be paid to the school	9951
district) be passed? In order for the income tax to be levied, the	9952
voters of (the other municipal corporations in the group), which	9953
are also in the (name of the school district) school district,	9954
must approve an identical income tax and agree to pay the same	9955
percentage of the tax revenue to the school district.	9956

9957

		For the income tax			9958
		Against the income tax	"		9959

9960

(D) If the question is approved by a majority of the electors	9961
and identical taxes are approved by a majority of the electors in	9962
each of the other municipal corporations in the group, the	9963
municipal corporation shall impose the tax beginning in the year	9964
specified in the ordinance. The proceeds of the levy may be used	9965
only for the specified purposes, including payment of the	9966
specified percentage to the school district.	9967

Sec. 723.52. Before letting or making any contract for the	9968
construction, reconstruction, widening, resurfacing, or repair of	9969
a street or other public way, the director of public service in a	9970
city, or the legislative authority in a village, shall make an	9971
estimate of the cost of such work using the force account project	9972
assessment form developed by the auditor of state under section	9973
117.16 of the Revised Code. In municipal corporations having an	9974
engineer, or an officer having a different title but the duties	9975
and functions of an engineer, the estimate shall be made by the	9976
engineer or other officer. Where the total estimated cost of any	9977
such work is thirty thousand dollars or the amount adjusted under	9978
section 117.162 of the Revised Code or less than that amount, the	9979
proper officers may proceed by force account.	9980

Where the total estimated cost of any such work exceeds	9981
thirty thousand dollars or the amount adjusted under section	9982
117.162 of the Revised Code, the proper officers of the municipal	9983
corporation shall be required to invite and receive competitive	9984
bids for furnishing all the labor, materials, and equipment and	9985
doing the work, after newspaper advertisement as provided by law.	9986
The officers shall consider and may reject such bids. If the bids	9987
are rejected, the officers may order the work done by force	9988
account or direct labor. When such bids are received, considered,	9989
and rejected, and the work done by force account or direct labor,	9990
such work shall be performed in compliance with the plans and	9991
specifications upon which the bids were based. It shall be	9992
unlawful to divide a street or connecting streets into separate	9993
sections for the purpose of defeating this section and section	9994
723.53 of the Revised Code.	9995

"Street," as used in such sections, includes portions of	9996
connecting streets on which the same or similar construction,	9997
reconstruction, widening, resurfacing, or repair is planned or	9998
projected.	9999

Sec. 723.53. Where the proper officers of any municipal	10000
corporation construct, reconstruct, widen, resurface, or repair a	10001
street or other public way by force account or direct labor, and	10002
the estimated cost of the work as defined in section 723.52 of the	10003
Revised Code exceeds thirty thousand dollars or the amount	10004
adjusted under section 117.162 of the Revised Code, such municipal	10005
authorities shall cause to be kept by the engineer of the	10006
municipal corporation, or other officer or employee of the	10007
municipal corporation in charge of such work, a complete and	10008
accurate account, in detail, of the cost of doing the work. The	10009
account shall include labor, materials, freight, fuel, hauling,	10010
overhead expense, workers' compensation premiums, and all other	10011
items of cost and expense, including a reasonable allowance for	10012
the use of all tools and equipment used on or in connection with	10013
such work and for the depreciation on the tools and equipment. The	10014
engineer or other officer or employee shall keep such account, and	10015
within ninety days after the completion of any such work shall	10016
prepare a detailed and itemized statement of such cost and file	10017
the statement with the officer or board vested with authority to	10018
direct the doing of the work in question. Such officer or board	10019
shall thereupon examine the statement, correct it if necessary,	10020
and file it in the office of the officer or board. Such statement	10021
shall be kept on file for not less than two years and shall be	10022
open to public inspection.	10023

This section and section 723.52 of the Revised Code do not	10024
apply to any municipal corporations having a charter form of	10025
government.	10026

Sec. 742.59. The board of trustees of the Ohio police and	10027
fire pension fund shall be the trustee of the funds created as	10028
follows:	10029

(A) The "police officers' contribution fund" is the fund in	10030
which shall be credited the contributions deducted from the	10031
salaries of members of police departments and paid into the Ohio	10032
police and fire pension fund, as provided by section 742.31 of the	10033
Revised Code, and that percentage of the employers' accrued	10034
liability that is attributable to deductions previously made from	10035
the salaries of members of the police department who are still in	10036
the active service at the time that portion of the employers'	10037
accrued liability is paid. The accumulated contributions of a	10038
member of a police department shall be transferred at the member's	10039
retirement from the police officers' contribution fund to the	10040
police officers' pension reserve fund.	10041

(B) The "firefighters' contribution fund" is the fund in	10042
which shall be credited contributions deducted from the salaries	10043
of members of fire departments and paid into the Ohio police and	10044
fire pension fund, as provided by section 742.31 of the Revised	10045
Code, and that percentage of the employers' accrued liability that	10046
is attributable to deductions previously made from the salaries of	10047
members of the fire department who are still in the active service	10048
at the time that portion of the employers' accrued liability is	10049
paid. The accumulated contributions of a member of a fire	10050
department shall be transferred at the member's retirement from	10051
the firefighters' contribution fund to the firefighters' pension	10052
reserve fund.	10053

(C) The "police officer employers' contribution fund" is the	10054
fund to which the following shall be credited:	10055

(1) The police officer employers' contribution, as provided	10056
by section 742.33 of the Revised Code~~, and that~~;	10057

(2) The percentage of the employers' accrued liability that	10058
is attributable to the employers' liability for prior service of	10059
members of the police department who are still in the active	10060
service at the time that portion of the employers' accrued	10061
liability is paid~~, and that portion of the state contribution~~	10062
~~allocated to such fund, as provided by section 742.36 of the~~	10063
~~Revised Code, shall be credited, and in which shall be~~	10064
~~accumulated~~.	10065

In the police officer employers' contribution fund shall	10066
accumulate the reserves held in trust for the payment of all	10067
pensions or other benefits provided by sections 742.01 to 742.61	10068
of the Revised Code to members of a police department retiring in	10069
the future or their qualified beneficiaries and from which the	10070
reserves for such pensions and other benefits shall be transferred	10071
to the police officers' pension reserve fund.	10072

(D) The "firefighter employers' contribution fund" is the	10073
fund to which the following shall be credited:	10074

(1) The firefighter employers' contribution, as provided in	10075
section 742.34 of the Revised Code~~, and that~~;	10076

(2) The percentage of the employers' accrued liability that	10077
is attributable to the employers' liability for prior service for	10078
members of the fire department who are still in the active service	10079
at the time that portion of the employers' accrued liability is	10080
paid~~, and that portion of the state contribution allocated to such~~	10081
~~fund, as provided by section 742.36 of the Revised Code, shall be~~	10082
~~credited, and in which shall be accumulated~~.	10083

In the firefighter employers' contribution fund shall	10084
accumulate the reserves held in trust for the payment of all	10085
pensions and other benefits provided by sections 742.01 to 742.61	10086
of the Revised Code to members of a fire department retiring in	10087
the future or their qualified beneficiaries and from which the	10088
reserves for such pensions and other benefits shall be transferred	10089
to the firefighters' pension reserve fund.	10090

(E) The "police officers' pension reserve fund" is the fund	10091
from which shall be paid all pensions and other benefits for which	10092
reserves have been transferred from the police officers'	10093
contribution fund and the police officer employers' contribution	10094
fund, and to which shall be credited that percentage of the	10095
employers' accrued liability that is attributable to the total of	10096
deductions previously made from the salaries of members of the	10097
police department who are retired and are receiving pensions or	10098
other benefits, or whose beneficiaries are receiving benefits, at	10099
the time that portion of the employers' accrued liability is paid,	10100
and that percentage of the employers' accrued liability that is	10101
attributable to prior service of members of the police department	10102
who are retired and are receiving pensions or other benefits, or	10103
whose beneficiaries are receiving benefits, at the time that	10104
portion of the employers' accrued liability is paid.	10105

(F) The "firefighters' pension reserve fund" is the fund from	10106
which shall be paid all pensions and other benefits for which	10107
reserves have been transferred from the firefighters' contribution	10108
fund and the firefighter employers' contribution fund, and to	10109
which shall be credited that percentage of the employers' accrued	10110
liability that is attributable to the total of deductions	10111
previously made from the salaries of members of the fire	10112
department who are retired and are receiving pensions or other	10113
benefits, or whose beneficiaries are receiving benefits, at the	10114
time that portion of the employers' accrued liability is paid, and	10115
that percentage of the employers' accrued liability that is	10116
attributable to prior service of members of the fire department	10117
who are retired and are receiving pensions or other benefits, or	10118
whose beneficiaries are receiving benefits, at the time that	10119
portion of the employers' accrued liability is paid.	10120

(G) The "guarantee fund" is the fund from which interest is	10121
transferred and credited on the amounts in the funds described in	10122
divisions (C), (D), (E), and (F) of this section, and is a	10123
contingent fund from which the special requirements of said funds	10124
may be paid by transfer from this fund. All income derived from	10125
the investment of funds by the board of trustees of the Ohio	10126
police and fire pension fund as trustee under section 742.11 of	10127
the Revised Code, together with all gifts and bequests or the	10128
income therefrom, shall be paid into this fund.	10129

Any deficit occurring in any other fund that will not be	10130
covered by payments to that fund, as otherwise provided by	10131
sections 742.01 to 742.61 of the Revised Code, shall be paid by	10132
transfers of amounts from the guarantee fund to such fund or	10133
funds. Should the amount in the guarantee fund be insufficient at	10134
any time to meet the amounts payable therefrom, the amount of such	10135
deficiency, with regular interest, shall be paid by an additional	10136
employer rate of current contribution as determined by the actuary	10137
and shall be approved by the board of trustees of the Ohio police	10138
and fire pension fund, and the amount of such additional employer	10139
contribution shall be credited to the guarantee fund.	10140

The board may accept gifts and bequests. Any funds that may	10141
come into the possession of the board in this manner, or any other	10142
funds whose disposition is not otherwise provided for, shall be	10143
credited to the guarantee fund.	10144

(H) The "expense fund" is the fund from which shall be paid	10145
the expenses for the administration and management of the Ohio	10146
police and fire pension fund, as provided by sections 742.01 to	10147
742.61 of the Revised Code, and to which shall be credited from	10148
the guarantee fund an amount sufficient to pay the expenses of	10149
operation.	10150

Sec. 901.43. (A) The director of agriculture may authorize	10151
any department of agriculture laboratory to perform a laboratory	10152
service for any person, organization, political subdivision, state	10153
agency, federal agency, or other entity, whether public or	10154
private. The director shall adopt and enforce rules to provide for	10155
the rendering of a laboratory service.	10156

(B) The director may charge a reasonable fee for the	10157
performance of a laboratory service, except when the service is	10158
performed on an official sample taken by the director acting	10159
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the	10160
Revised Code; by a board of health acting as the licensor of	10161
retail food establishments or food service operations under	10162
Chapter 3717. of the Revised Code; or by the director of health	10163
acting as the licensor of food service operations under Chapter	10164
3717. of the Revised Code. The director of agriculture shall adopt	10165
rules specifying what constitutes an official sample.	10166

The director shall publish a list of laboratory services	10167
offered, together with the fee for each service.	10168

(C) The director may enter into a contract with any person,	10169
organization, political subdivision, state agency, federal agency,	10170
or other entity for the provision of a laboratory service.	10171

(D)(1) The director may adopt rules establishing standards	10172
for accreditation of laboratories and laboratory services and in	10173
doing so may adopt by reference existing or recognized standards	10174
or practices.	10175

(2) The director may inspect and accredit laboratories and	10176
laboratory services, and may charge a reasonable fee for the	10177
inspections and accreditation.	10178

(E)(1) ~~All~~There is hereby created in the state treasury the	10179
animal and consumer analytical laboratory service fund. Moneys	10180
from the following sources shall be deposited into the state	10181
treasury to the credit of the fund: all moneys collected by the	10182
director under this section that are from fees generated by a	10183
laboratory service performed by the department and related to the	10184
diseases of animals, ~~and~~ all moneys so collected that are from	10185
fees generated for the inspection and accreditation of	10186
laboratories and laboratory services related to the diseases of	10187
animals, ~~shall be deposited in the animal industry laboratory~~	10188
~~fund, which is hereby created in the state treasury. The director~~	10189
~~shall use the moneys in the animal industry laboratory fund to pay~~	10190
~~the expenses necessary to operate the animal industry laboratory,~~	10191
~~including the purchase of supplies and equipment.~~	10192

~~(2) All~~all moneys collected by the director under this	10193
section that are from fees generated by a laboratory service	10194
performed by the consumer analytical laboratory, and all moneys so	10195
collected that are from fees generated for the inspection and	10196
accreditation of laboratories and laboratory services not related	10197
to weights and measures ~~or the diseases of animals, shall be~~	10198
~~deposited in the laboratory services fund, which is hereby created~~	10199
~~in the state treasury~~. The director may use the moneys held in the	10200
fund ~~may be used~~ to pay the expenses necessary to operate the	10201
animal industry laboratory and the consumer analytical laboratory,	10202
including the purchase of supplies and equipment.	10203

~~(3)~~(2) All moneys collected by the director under this	10204
section that are from fees generated by a laboratory service	10205
performed by the weights and measures laboratory, and all moneys	10206
so collected that are from fees generated for the inspection and	10207
accreditation of laboratories and laboratory services related to	10208
weights and measures, shall be deposited in the state treasury to	10209
the credit of the weights and measures laboratory fund, which is	10210
hereby created in the state treasury. The moneys held in the fund	10211
may be used to pay the expenses necessary to operate the division	10212
of weights and measures, including the purchase of supplies and	10213
equipment.	10214

Sec. 901.44. There is hereby created in the state treasury	10215
the laboratory and administrative support fund. The department of	10216
agriculture shall deposit the following moneys received by the	10217
department to the credit of the fund: payment for the rental of	10218
the department's auditoriums by outside parties and reimbursement	10219
for related utility expenses, laboratory fees that are not	10220
designated for deposit into another fund, and other miscellaneous	10221
moneys that are not designated for deposit into another fund. The	10222
department may use moneys in the fund to pay costs associated with	10223
any program of the department as the director of agriculture sees	10224
fit.	10225

Sec. 905.32. (A) No person shall manufacture or distribute	10226
in this state any type of fertilizer until a license to	10227
manufacture or distribute has been obtained by the manufacturer or	10228
distributor from the department of agriculture upon payment of a	10229
five dollar fee:	10230

(1) For each fixed (permanent) location at which fertilizer	10231
is manufactured in this state;	10232

(2) For each mobile unit used to manufacture fertilizer in	10233
this state;	10234

(3) For each location out of the state from which fertilizer	10235
is distributed in this state to nonlicensees.	10236

All licenses ~~expire on the thirtieth day of June of each~~	10237
shall be valid for one year beginning on the first day of December	10238
of a calendar year through the thirtieth day of November of the	10239
following calendar year. A renewal application for a license shall	10240
be submitted ~~no earlier than the first day of June each year and~~	10241
no later than the thirtieth day of ~~June~~November each year. A	10242
person who submits a renewal application for a license after the	10243
thirtieth day of ~~June~~November shall include with the application	10244
a late filing fee of ten dollars.	10245

(B) An application for license shall include:

10246

(1) The name and address of the licensee;

10247

(2) The name and address of each bulk distribution point in	10248
the state, not licensed for fertilizer manufacture and	10249
distribution.	10250

The name and address shown on the license shall be shown on	10251
all labels, pertinent invoices, and bulk storage for fertilizers	10252
distributed by the licensee in this state.	10253

(C) The licensee shall inform the director of agriculture in	10254
writing of additional distribution points established during the	10255
period of the license.	10256

Sec. 905.33. (A) Except as provided in division (C) of this	10257
section, no person shall distribute in this state a specialty	10258
fertilizer until it is registered by the manufacturer or	10259
distributor with the department of agriculture. An application, in	10260
duplicate, for each brand and product name of each grade of	10261
specialty fertilizer shall be made on a form furnished by the	10262
director of agriculture and shall be accompanied with a fee of	10263
fifty dollars for each brand and product name of each grade.	10264
Labels for each brand and product name of each grade shall	10265
accompany the application. Upon the approval of an application by	10266
the director, a copy of the registration shall be furnished the	10267
applicant. All registrations ~~expire on the thirtieth day of June~~	10268
~~of each~~shall be valid for one year beginning on the first day of	10269
December of a calendar year through the thirtieth day of November	10270
of the following calendar year.	10271

(B) An application for registration shall include the	10272
following:	10273

(1) Name and address of the manufacturer or distributor;

10274

(2) The brand and product name;

10275

(3) The grade;

10276

(4) The guaranteed analysis;

10277

(5) The package sizes for persons that package fertilizers	10278
only in containers of ten pounds or less.	10279

(C)(1) No person who engages in the business of applying	10280
custom mixed fertilizer to lawns, golf courses, recreation areas,	10281
or other real property that is not used for agricultural	10282
production shall be required to register the custom mixed	10283
fertilizer as a specialty fertilizer in accordance with division	10284
(A) of this section if the fertilizer ingredients of the custom	10285
mixed fertilizer are registered as specialty fertilizers and the	10286
inspection fee described in division (A) of section 905.36 of the	10287
Revised Code is paid.	10288

(2) No person who engages in the business of blending custom	10289
mixed fertilizer for use on lawns, golf courses, recreation areas,	10290
or other real property that is not used for agricultural	10291
production shall be required to register the custom mixed	10292
fertilizer as a specialty fertilizer in accordance with division	10293
(A) of this section if the facility holds a nonagricultural	10294
production custom mixed fertilizer blender license issued under	10295
section 905.331 of the Revised Code.	10296

(D) A person who engages in the business of applying or	10297
blending custom mixed fertilizer as described in division (C) of	10298
this section shall maintain an original or a copy of an invoice or	10299
document of sale for all fertilizer the person applies or	10300
distributes for one year following the date of the application or	10301
distribution, and, upon the director's request, shall furnish the	10302
director with the invoice or document of sale for the director's	10303
review.	10304

Sec. 905.331. No person who engages in the business of	10305
blending a custom mixed fertilizer for use on lawns, golf courses,	10306
recreation areas, or other real property that is not used for	10307
agricultural production shall fail to register a specialty	10308
fertilizer in accordance with division (A) of section 905.33 of	10309
the Revised Code unless the person has obtained aan annual	10310
nonagricultural production custom mixed fertilizer blender license	10311
from the director of agriculture.	10312

A license issued under this section shall be valid from the	10313
first day of December of a calendar year through the thirtieth day	10314
of November of the following calendar year. A renewal application	10315
for a nonagricultural production custom mixed fertilizer blender	10316
license shall be submitted to the director ~~no earlier than the~~	10317
~~first day of June each year and~~ no later than the thirtieth day of	10318
~~June~~November each year and shall include the name and address of	10319
the applicant and of the premises where the blending occurs and a	10320
one-hundred-dollar fee. A person who submits a renewal application	10321
for a license after the thirtieth day of ~~June~~November shall	10322
include with the application a late filing fee of ten dollars. All	10323
nonagricultural production custom mixed fertilizer blender	10324
licenses expire on the thirtieth day of ~~June of~~November each	10325
year.	10326

A person holding a nonagricultural production custom mixed	10327
fertilizer blender license shall pay the inspection fees described	10328
in division (A) of section 905.36 of the Revised Code for each	10329
product being blended.	10330

Sec. 905.36. (A) A licensee or registrant, except	10331
registrants who package specialty fertilizers only in containers	10332
of ten pounds or less, shall pay the director of agriculture for	10333
all fertilizers distributed in this state an inspection fee at the	10334
rate of ~~twelve~~twenty-five cents per ton or ~~thirteen~~twenty-eight	10335
cents per metric ton. Licensees and registrants shall specify on	10336
an invoice whether the per ton inspection fee has been paid or	10337
whether payment of the fee is the responsibility of the purchaser	10338
of the fertilizer. The payment of this inspection fee by a	10339
licensee or registrant shall exempt all other persons from the	10340
payment of this fee.	10341

(B) Every licensee or registrant shall file ~~a semiannual~~	10342
~~statement~~with the director an annual tonnage report that includes	10343
the number of net tons or metric tons of fertilizer distributed to	10344
nonlicensees or nonregistrants in this state by grade; packaged;	10345
bulk, dry or liquid~~; within thirty days after the thirtieth day of~~	10346
~~June, and within thirty days after the thirty-first day of~~	10347
~~December, respectively, of~~. The report shall be filed on or before	10348
the thirtieth day of November of each calendar year and shall	10349
include data from the period beginning on the first day of	10350
November of the year preceding the year in which the report is due	10351
through the thirty-first day of October of the year in which the	10352
report is due. The licensee or registrant, except registrants who	10353
package specialty fertilizers only in containers of ten pounds or	10354
less, shall include with this statement the inspection fee at the	10355
rate stated in division (A) of this section. For a tonnage report	10356
that is not filed or payment of inspection fees that is not made	10357
~~within ten days after due date~~on or before the thirtieth day of	10358
November of the applicable calendar year, a penalty of fifty	10359
dollars or ten per cent of the amount due, whichever is greater,	10360
shall be assessed against the licensee or registrant. The amount	10361
of fees due, plus penalty, shall constitute a debt and become the	10362
basis of a judgment against the licensee or registrant. For	10363
tonnage reports found to be incorrect, a penalty of fifteen per	10364
cent of the amount due shall be assessed against the licensee or	10365
registrant and shall constitute a debt and become the basis of a	10366
judgment against the licensee or registrant.	10367

(C) No information furnished under this section shall be	10368
disclosed by any employee of the department of agriculture in such	10369
a way as to divulge the operation of any person required to make	10370
such a report. The filing by a licensee or registrant of a sales	10371
volume tonnage statement required by division (B) of this section	10372
thereby grants permission to the director to verify the same with	10373
the records of the licensee or registrant.	10374

Sec. 905.37. (A) The director of agriculture ~~shall~~may	10375
distribute annual statements of fertilizer sales by grades of	10376
materials and mixed fertilizer by counties, in a manner prescribed	10377
by the director.	10378

(B) The director ~~shall~~may publish ~~at least~~ annually a report	10379
of the analysis of fertilizers inspected.	10380

(C) The director may distribute a state fertilizer usage	10381
report by grade of materials and mixed fertilizers for each month.	10382

Sec. 905.38. The commercial feed, fertilizer, seed, and lime	10383
inspection and laboratory fund is hereby created in the state	10384
treasury. All moneys collected by the director of agriculture	10385
under sections 905.31 to 905.50 of the Revised Code, shall be	10386
deposited into the fund. Moneys credited to the fund under this	10387
section and sections 905.66, 907.16, and 923.46 of the Revised	10388
Code shall be used for administering and enforcing this chapter	10389
and ~~Chapter~~Chapters 907. and 923. of the Revised Code and rules	10390
adopted under them.	10391

Sec. 905.381. The director of agriculture shall keep	10392
accurate accounts of all receipts and disbursements from the	10393
commercial feed, fertilizer, seed, and lime inspection and	10394
laboratory fund, and shall prepare, and provide upon request, an	10395
annual report classifying the receipts and disbursements as	10396
pertaining to either feed, fertilizer, seed, or lime.	10397

Sec. 905.50. If the director of agriculture has taken an	10398
official sample of a fertilizer or mixed fertilizer and determined	10399
that it constitutes mislabeled fertilizer pursuant to rules	10400
adopted under section 905.40 of the Revised Code, the person who	10401
labeled the fertilizer or mixed fertilizer shall pay a penalty to	10402
the consumer of the mislabeled fertilizer or, if the consumer	10403
cannot be determined with reasonable diligence or is not	10404
available, to the director for deposit into the commercial feed,	10405
fertilizer, seed, and lime inspection and laboratory fund created	10406
under section 905.38 of the Revised Code. The amount of the	10407
penalty shall be calculated in accordance with either division (A)	10408
or (B) of this section, whichever method of calculation yields the	10409
largest amount.	10410

(A)(1) A penalty required to be paid under this section may	10411
be calculated as follows:	10412

(a) Five dollars for each percentage point of total nitrogen	10413
or phosphorus in the fertilizer that is below the percentage of	10414
nitrogen or phosphorus guaranteed on the label, multiplied by the	10415
number of tons of mislabeled fertilizer that have been sold to the	10416
consumer;	10417

(b) Three dollars for each percentage point of potash in the	10418
fertilizer that is below the percentage of potash guaranteed on	10419
the label, multiplied by the number of tons of mislabeled	10420
fertilizer that have been sold to the consumer.	10421

(2) In the case of a fertilizer that contains a quantity of	10422
nitrogen, phosphorus, or potash that is more than five percentage	10423
points below the percentages guaranteed on the label, the	10424
penalties calculated under division (A)(1) of this section shall	10425
be tripled.	10426

(3) No penalty calculated under division (A) of this section	10427
shall be less than twenty-five dollars.	10428

(B) A penalty required to be paid under this section may be	10429
calculated by multiplying the market value of one unit of the	10430
mislabeled fertilizer by the number of units of the mislabeled	10431
fertilizer that have been sold to the consumer.	10432

(C) Upon making a determination under this section that a	10433
person has mislabeled fertilizer or mixed fertilizer, the director	10434
shall determine the parties to whom the penalty imposed by this	10435
section is required to be paid and, in accordance with division	10436
(A) or (B) of this section, as applicable, shall calculate the	10437
amount of the penalty required to be paid to each such party.	10438
After completing those determinations and calculations, the	10439
director shall issue to the person who allegedly mislabeled the	10440
fertilizer or mixed fertilizer a notice of violation. The notice	10441
shall be accompanied by an order requiring, and specifying the	10442
manner of, payment of the penalty imposed by this section to the	10443
parties in the amounts set forth in the determinations and	10444
calculations required by this division. The order shall be issued	10445
in accordance with Chapter 119. of the Revised Code.	10446

No person shall violate a term or condition of an order	10447
issued under this division.	10448

Sec. 905.501. (A) As used in this section~~, "political~~:

10449

(1) "Political subdivision" means a county, township, or	10450
municipal corporation and any other body corporate and politic	10451
that is responsible for government activities in a geographic area	10452
smaller than that of the state.	10453

(2) "Local legislation" includes, but is not limited to, an	10454
ordinance, resolution, regulation, rule, motion, or amendment that	10455
is enacted or adopted by a political subdivision.	10456

(B)(1) No political subdivision shall regulate the	10457
registration, packaging, labeling, sale, storage, distribution,	10458
use, or application of fertilizer, or require a person licensed or	10459
registered under sections 905.31 to 905.99 of the Revised Code to	10460
obtain a license or permit to operate in a manner described in	10461
those sections, or to satisfy any other condition except as	10462
provided by a statute or rule of this state or of the United	10463
States.	10464

(2) No political subdivision shall enact, adopt, or continue	10465
in effect local legislation relating to the registration,	10466
packaging, labeling, sale, storage, distribution, use, or	10467
application of fertilizers.	10468

Sec. 905.66. All moneys collected by the director of	10469
agriculture under sections 905.51 to 905.65 of the Revised Code	10470
shall be deposited into the commercial feed, fertilizer, seed, and	10471
lime inspection and laboratory fund created under section 905.38	10472
of the Revised Code.	10473

The director shall prepare and provide a report concerning	10474
the fund in accordance with section 905.381 of the Revised Code.	10475

Sec. 907.111. (A) The department of agriculture has sole and	10476
exclusive authority to regulate the registration, labeling, sale,	10477
storage, transportation, distribution, notification of use, use,	10478
and planting of seed within the state. The regulation of seed is a	10479
matter of general statewide interest that requires uniform	10480
statewide regulation, and this chapter and rules adopted under it	10481
constitute a comprehensive plan with respect to all aspects of the	10482
regulation of seed within this state.	10483

(B) No political subdivision shall do any of the following:

10484

(1) Regulate the registration, labeling, sale, storage,	10485
transportation, distribution, notification of use, use, or	10486
planting of seed;	10487

(2) Require a person who has been issued a permit or license	10488
under this chapter to obtain a permit or license to operate in a	10489
manner described in this chapter or to satisfy any other condition	10490
except as provided by a statute or rule of this state or of the	10491
United States;	10492

(3) Require a person who has registered a legume innoculant	10493
under this chapter to register that innoculant in a manner	10494
described in this chapter or to satisfy any other condition except	10495
as provided by a statute or rule of this state or of the United	10496
States.	10497

(C) No political subdivision shall enact, adopt, or continue	10498
in effect local legislation relating to the permitting or	10499
licensure of any person who is required to obtain a permit or	10500
license under this chapter or to the registration, labeling, sale,	10501
storage, transportation, distribution, notification of use, use,	10502
or planting of seed.	10503

(D) As used in this section, "political subdivision" and	10504
"local legislation" have the same meanings as in section 905.501	10505
of the Revised Code.	10506

Sec. 907.16. All money collected by the director of	10507
agriculture under sections 907.01 to 907.17 of the Revised Code	10508
shall be deposited into the treasury of the state to the credit of	10509
the commercial feed, fertilizer, seed, and lime inspection and	10510
laboratory fund~~, which is hereby~~ created in ~~the state treasury.~~	10511
~~Money credited to the fund shall be used to administer and enforce~~	10512
~~those sections and rules adopted under them~~section 905.38 of the	10513
Revised Code.	10514

Sec. 911.02. Each person, firm, partnership, or corporation	10515
that owns or operates a bakery shall register each bakery that it	10516
owns or operates with the director of agriculture. For the	10517
registration, the owner or operator of each bakery shall pay an	10518
annual fee of ~~thirty~~sixty dollars for a production capacity of	10519
one thousand pounds of bakery product per hour or less and an	10520
annual fee of ~~thirty~~sixty dollars for each one thousand pounds of	10521
bakery product per hour capacity, or part thereof, in excess of	10522
one thousand pounds of bakery product per hour.	10523

Any person who owns or operates a home bakery with only one	10524
oven, in a stove of ordinary home kitchen design and located in a	10525
home, used for the baking of baked goods to be sold, shall pay a	10526
sum of ~~ten~~twenty dollars annually for registration regardless of	10527
the capacity of the home bakery oven. The registration shall be	10528
renewed annually by the thirtieth day of September and shall be	10529
renewed according to the standard renewal procedure of Chapter	10530
4745. of the Revised Code. The registration of the bakery shall	10531
show the location, including municipal corporation, street, and	10532
number, the name of the owner, and the name of the operator. The	10533
application for registration shall be made on a form prescribed	10534
and provided by the director. All moneys received from	10535
registration fees and fines collected under sections 911.01 to	10536
911.20 of the Revised Code shall be deposited with the treasurer	10537
of state to the credit of the food safety fund created in section	10538
915.24 of the Revised Code. All annual renewal registration fees	10539
required by this section shall be paid by the applicant for the	10540
renewal to the treasurer of state for deposit into the food safety	10541
fund.	10542

No bakery product that is manufactured in an out-of-state	10543
bakery shall be sold or offered for sale within this state unless	10544
the bakery is in compliance with sections 911.01 to 911.20 of the	10545
Revised Code, and is registered, having paid the annual	10546
registration fee.	10547

Registration of out-of-state bakeries is not required if a	10548
reciprocal agreement is in effect whereby a bakery located in this	10549
state is not subject to a license or registration fee by the	10550
receiving state or a political subdivision thereof.	10551

Sec. 913.02. No person, firm, or corporation shall engage in	10552
the business of operating a cannery without obtaining a license	10553
for the operation of each cannery from the director of	10554
agriculture.	10555

In order to obtain a license, an application shall be made on	10556
a form prescribed by the director and shall be accompanied by a	10557
fee of ~~one~~two hundred dollars. The director shall thereupon cause	10558
an investigation to be made. If the applicant is supplied with the	10559
facilities necessary for complying with sections 913.01 to 913.05	10560
of the Revised Code and rules adopted under them, a license shall	10561
be issued and shall be effective until the thirtieth day of June,	10562
and shall become invalid on that date unless renewed. The fee for	10563
each renewal is ~~one~~two hundred dollars. License fees and renewal	10564
fees shall be deposited to the credit of the food safety fund	10565
created in section 915.24 of the Revised Code.	10566

The director may suspend or revoke any license for failure to	10567
comply with sections 913.01 to 913.05 of the Revised Code, or any	10568
rule or order adopted under those sections. In such event, the	10569
cannery immediately shall cease operation.	10570

Sec. 913.23. (A) The director of agriculture may issue	10571
licenses as required by sections 913.22 to 913.28 of the Revised	10572
Code, may make the inspections and registrations required by those	10573
sections, and may prescribe the form of application to be filed	10574
under this section.	10575

(B) No person shall manufacture or bottle for sale within	10576
this state any soft drink in closed containers unless the person	10577
has a license issued by the director. Upon receipt of an	10578
application for such a license, the director shall examine the	10579
products and the place of manufacture where the business is to be	10580
conducted, to determine whether the products and place comply with	10581
sections 913.22 to 913.28 of the Revised Code. Upon finding there	10582
is compliance, and upon payment of a license fee of ~~one~~two	10583
hundred dollars, the director shall issue a license authorizing	10584
the applicant to manufacture or bottle for sale such soft drinks,	10585
subject to sections 913.22 to 913.28 of the Revised Code. The	10586
license shall expire on the last day of March of each year unless	10587
renewed.	10588

(C) No soft drink that is manufactured or bottled out of the	10589
state shall be sold or offered for sale within this state unless	10590
the soft drink and the plant in which the soft drink is	10591
manufactured or bottled are found by the director to comply with	10592
sections 913.22 to 913.28 of the Revised Code, and isare	10593
registered by the director, which shall be upon a like application	10594
as provided in division (B) of this section.	10595

An annual registration fee of ~~one~~two hundred dollars shall	10596
be paid to the director by each applicant under this division. The	10597
registration shall be renewed annually, and the registration fee	10598
paid with the application for annual renewal.	10599

Registration of out-of-state soft drink manufacturers or	10600
bottlers or syrup and extract manufacturers is not required if a	10601
reciprocal agreement is in effect whereby a soft drink	10602
manufacturer or bottler or syrup and extract manufacturer located	10603
in this state is not subject to a license or registration fee by	10604
another state or a political subdivision thereof.	10605

(D) No person, other than a manufacturer or bottler holding a	10606
soft drink plant license under this section, shall sell, offer for	10607
sale, use, or have in the person's possession with intent to sell,	10608
any soda water syrup or extract or soft drink syrup, to be used in	10609
making, drawing, or dispensing soda water or other soft drinks,	10610
without first registering the person's name and address, the name	10611
and address of the manufacturer of the syrup or extract, the	10612
number and variety of such syrups or extracts intended to be sold,	10613
and the trade name or brand of those products, with the director,	10614
together with such samples of the syrups or extracts as the	10615
director requests for analysis. The person also shall pay to the	10616
department of agriculture at the time of making registration a	10617
license fee of ~~fifty~~one hundred dollars. No license shall be	10618
granted by the director unless the director determines that the	10619
syrup or extract is free from all harmful drugs and other	10620
ingredients that, as used, may be injurious to health. The	10621
registration shall be renewed annually upon like terms. If any	10622
manufacturer, bottler, agent, or seller is licensed or has	10623
registered the manufacturer's, bottler's, agent's, or seller's	10624
name and product as required by this section and has paid the	10625
manufacturer's, bottler's, agent's, or seller's fee, the	10626
manufacturer's, bottler's, agent's, or seller's distributor,	10627
retail agent, or retail seller using the products shall not be	10628
required to pay that fee. This section does not apply to local	10629
sellers of soft drinks as to syrups and extracts made by	10630
themselves for their own use exclusively.	10631

(E) All moneys received under sections 913.22 to 913.28 of	10632
the Revised Code shall be deposited with the treasurer of state to	10633
the credit of the food safety fund created in section 915.24 of	10634
the Revised Code.	10635

(F) The director may revoke any license or registration	10636
issued under sections 913.22 to 913.28 of the Revised Code,	10637
whenever the director determines that those sections have been	10638
violated. When a license has been revoked, the licensee shall	10639
discontinue the manufacture and sale of soft drinks or other	10640
products for which the license was issued. When a registration has	10641
been revoked, the registrant shall discontinue the sale within	10642
this state of the registrant's products until those sections have	10643
been complied with and a new license or registration has been	10644
issued. The director may suspend any such license or registration	10645
temporarily, pending compliance with such conditions required by	10646
those sections as the director prescribes.	10647

Sec. 915.02. No person, firm, or corporation shall operate a	10648
cold-storage warehouse, for hire, without a license issued by the	10649
director of agriculture. ~~Such~~A license shall be issued only on	10650
written application stating the location of ~~such~~the warehouse.	10651
Upon receipt of the application the director shall cause an	10652
examination to be made into the sanitary conditions of ~~such~~the	10653
warehouse. If it is found to be in a sanitary condition and	10654
properly equipped for the purpose of cold storage, the director	10655
shall cause a license to be issued authorizing the applicant to	10656
operate a warehouse. No license shall be issued until the	10657
applicant has paid to the director the sum of ~~one~~two hundred	10658
dollars. ~~Such~~A license shall be valid until the last day of March	10659
of each year and becomes invalid on that date unless renewed. A	10660
license shall be required for each separate warehouse building.	10661

Sec. 915.16. The license fee for an establishment is	10662
~~twenty-five~~fifty dollars. Any operator operating in connection	10663
with a cold-storage warehouse holding a license under section	10664
915.02 of the Revised Code is not required to secure an additional	10665
license under section 915.15 of the Revised Code so long as hethe	10666
operator continues to be licensed as a cold-storage warehouse; but	10667
hethe operator shall comply with sections 915.14 to 915.24,	10668
~~inclusive,~~ of the Revised Code, and all rules and regulations	10669
promulgated thereunder. The license issued shall be in such form	10670
as the department of agriculture prescribes. Licenses shall be	10671
valid until the last day of November following initial issuance or	10672
renewal and shall become invalid on that date unless renewed. The	10673
original license or a certified copy thereof shall be	10674
conspicuously displayed by the operator in the establishment.	10675

Sec. 915.24. (A) There is hereby created in the state	10676
treasury the food safety fund. All of the following moneys shall	10677
be credited to the fund:	10678

(1) Bakery registration fees and fines received under	10679
sections 911.02 to 911.20 of the Revised Code;	10680

(2) Cannery license fees and renewal fees received under	10681
sections 913.01 to 913.05 of the Revised Code;	10682

(3) Moneys received under sections 913.22 to 913.28 of the	10683
Revised Code;	10684

(4) License fees, fines, and penalties recovered for the	10685
violation of sections 915.01 to 915.12 of the Revised Code;	10686

(5) License fees collected under sections 915.14 to 915.23 of	10687
the Revised Code;	10688

(6) License fees, other fees, and fines collected by or for	10689
the director of agriculture under Chapter 3717. of the Revised	10690
Code;	10691

(7) Fees collected under section 3715.04 of the Revised Code	10692
for the issuance of certificates of health and freesale.	10693

(B) The director of agriculture shall use the moneys	10694
deposited into the food safety fund to administer and enforce the	10695
laws pursuant to which the moneys were collected.	10696

Sec. 921.02. (A) No person shall distribute a pesticide	10697
within this state unless the pesticide is registered with the	10698
director of agriculture under this chapter. Registrations shall be	10699
issued for a period of time established by rule and shall be	10700
renewed in accordance with deadlines established by rule.	10701
Registration is not required if a pesticide is shipped from one	10702
plant or warehouse to another plant or warehouse operated by the	10703
same person and used solely at that plant or warehouse as a	10704
constituent part to make a pesticide that is registered under this	10705
chapter, or if the pesticide is distributed under the provisions	10706
of an experimental use permit issued under section 921.03 of the	10707
Revised Code or an experimental use permit issued by the United	10708
States environmental protection agency.	10709

(B) The applicant for registration of a pesticide shall file	10710
a statement with the director on a form provided by the director,	10711
which shall include all of the following:	10712

(1) The name and address of the applicant and the name and	10713
address of the person whose name will appear on the label, if	10714
other than the applicant's name;	10715

(2) The brand and product name of the pesticide;

10716

(3) Any necessary information required for completion of the	10717
department of agriculture's application for registration,	10718
including the agency registration number;	10719

(4) A complete copy of the labeling accompanying the	10720
pesticide and a statement of all claims to be made for it,	10721
including the directions for use and the use classification as	10722
provided for in the federal act.	10723

(C) The director, when the director considers it necessary in	10724
the administration of this chapter, may require the submission of	10725
the complete formula of any pesticide including the active and	10726
inert ingredients.	10727

(D) The director may require a full description of the tests	10728
made and the results thereof upon which the claims are based for	10729
any pesticide. The director shall not consider any data submitted	10730
in support of an application, without permission of the applicant,	10731
in support of any other application for registration unless the	10732
other applicant first has offered to pay reasonable compensation	10733
for producing the test data to be relied upon and the data are not	10734
protected from disclosure by section 921.04 of the Revised Code.	10735
In the case of a renewal of registration, a statement shall be	10736
required only with respect to information that is different from	10737
that furnished when the pesticide was registered or last	10738
registered.	10739

(E) The director may require any other information to be	10740
submitted with an application.	10741

Any applicant may designate any portion of the required	10742
registration information as a trade secret or confidential	10743
business information. Upon receipt of any required registration	10744
information designated as a trade secret or confidential business	10745
information, the director shall consider the designated	10746
information as confidential and shall not reveal or cause to be	10747
revealed any such designated information without the consent of	10748
the applicants, except to persons directly involved in the	10749
registration process described in this section or as required by	10750
law.	10751

(F) ~~Each~~Beginning January 1, 2007, each applicant shall pay	10752
a registration and inspection fee ~~established by rule~~of one	10753
hundred fifty dollars for each product name and brand registered	10754
for the company whose name appears on the label. If an applicant	10755
files for a renewal of registration after the deadline established	10756
by rule, the applicant shall pay a penalty fee ~~established by rule~~	10757
of seventy-five dollars for each product name and brand registered	10758
for the applicant. The penalty fee shall be added to the original	10759
fee and paid before the renewal registration is issued. In	10760
addition to any other remedy available under this chapter, if a	10761
pesticide that is not registered pursuant to this section is	10762
distributed within this state, the person required to register the	10763
pesticide shall do so and shall pay a penalty fee ~~established by~~	10764
~~rule~~of seventy-five dollars for each product name and brand	10765
registered for the applicant. The penalty fee shall be added to	10766
the original fee of one hundred fifty dollars and paid before the	10767
registration is issued.	10768

(G) Provided that the state is authorized by the	10769
administrator of the United States environmental protection agency	10770
to register pesticides to meet special local needs, the director	10771
shall require the information set forth under divisions (B), (C),	10772
(D), and (E) of this section and shall register any such pesticide	10773
after determining that all of the following conditions are met:	10774

(1) Its composition is such as to warrant the proposed claims	10775
for it.	10776

(2) Its labeling and other material required to be submitted	10777
comply with the requirements of the federal act and of this	10778
chapter, and rules adopted thereunder.	10779

(3) It will perform its intended function without	10780
unreasonable adverse effects on the environment.	10781

(4) When used in accordance with widespread and commonly	10782
recognized practice, it will not generally cause unreasonable	10783
adverse effects on the environment.	10784

(5) The classification for general or restricted use is in	10785
conformity with the federal act.	10786

The director shall not make any lack of essentiality a	10787
criterion for denying the registration of any pesticide. When two	10788
pesticides meet the requirements of division (G) of this section,	10789
the director shall not register one in preference to the other.	10790

(H)(1) The director may refuse to register a pesticide if the	10791
application for registration fails to comply with this section.	10792

(2) The director may suspend or revoke a pesticide	10793
registration after a hearing in accordance with Chapter 119. of	10794
the Revised Code for a pesticide that fails to meet the claims	10795
made for it on its label.	10796

(3) The director may immediately suspend a pesticide	10797
registration, prior to a hearing, when the director believes that	10798
the pesticide poses an immediate hazard to human or animal health	10799
or a hazard to the environment. Not later than fifteen days after	10800
suspending the registration, the director shall determine whether	10801
the pesticide poses such a hazard. If the director determines that	10802
no hazard exists, the director shall lift the suspension of the	10803
registration. If the director determines that a hazard exists, the	10804
director shall revoke the registration in accordance with Chapter	10805
119. of the Revised Code.	10806

Sec. 921.16. (A) The director of agriculture shall adopt	10807
rules the director determines necessary for the effective	10808
enforcement and administration of this chapter. The rules may	10809
relate to, but are not limited to, the time, place, manner, and	10810
methods of application, materials, and amounts and concentrations	10811
of application of pesticides, may restrict or prohibit the use of	10812
pesticides in designated areas during specified periods of time,	10813
and shall encompass all reasonable factors that the director	10814
determines necessary to minimize or prevent damage to the	10815
environment. In addition, the rules shall establish the ~~fees,~~	10816
deadlines, and time periods for registration, registration	10817
renewal, late registration renewal, and failure to register under	10818
section 921.02 of the Revised Code; the fees for registration,	10819
registration renewal, late registration renewal, and failure to	10820
register under section 921.02 of the Revised Code that shall apply	10821
until the fees that are established under that section take effect	10822
on January 1, 2007; and the fees, deadlines, and time periods for	10823
licensure and license renewal under sections 921.06, 921.09,	10824
921.11, and 921.13 of the Revised Code. ~~The aggregate amount of~~	10825
~~the fees that initially are established by rule after the~~	10826
~~effective date of this amendment shall be designed to cover, but~~	10827
~~not exceed, the costs incurred by the department of agriculture in~~	10828
~~administering this chapter. Thereafter, the fees shall not be~~	10829
~~increased without the approval of the general assembly.~~	10830

(B) The director shall adopt rules that establish a schedule	10831
of civil penalties for violations of this chapter, or any rule or	10832
order adopted or issued under it, provided that the civil penalty	10833
for a first violation shall not exceed five thousand dollars and	10834
the civil penalty for each subsequent violation shall not exceed	10835
ten thousand dollars. In determining the amount of a civil penalty	10836
for a violation, the director shall consider factors relevant to	10837
the severity of the violation, including past violations and the	10838
amount of actual or potential damage to the environment or to	10839
human beings.	10840

(C) The director shall adopt rules that set forth the	10841
conditions under which the director:	10842

(1) Requires that notice or posting be given of a proposed	10843
application of a pesticide;	10844

(2) Requires inspection, condemnation, or repair of equipment	10845
used to apply a pesticide;	10846

(3) Will suspend, revoke, or refuse to issue any pesticide	10847
registration for a violation of this chapter;	10848

(4) Requires safe handling, transportation, storage, display,	10849
distribution, and disposal of pesticides and their containers;	10850

(5) Ensures the protection of the health and safety of	10851
agricultural workers storing, handling, or applying pesticides,	10852
and all residents of agricultural labor camps, as that term is	10853
defined in section 3733.41 of the Revised Code, who are living or	10854
working in the vicinity of pesticide-treated areas;	10855

(6) Requires a record to be kept of all pesticide	10856
applications made by each commercial applicator and by any trained	10857
serviceperson acting under the commercial applicator's direct	10858
supervision and of all restricted use pesticide applications made	10859
by each private applicator and by any immediate family member or	10860
subordinate employee of that private applicator who is acting	10861
under the private applicator's direct supervision as required	10862
under section 921.14 of the Revised Code;	10863

(7) Determines the pesticide-use categories of diagnostic	10864
inspections that must be conducted by a commercial applicator;	10865

(8) Requires a record to be kept of all diagnostic	10866
inspections conducted by each commercial applicator and by any	10867
trained service person.	10868

(D) The director shall prescribe standards for the licensure	10869
of applicators of pesticides consistent with those prescribed by	10870
the federal act and the regulations adopted under it or prescribe	10871
standards that are more restrictive than those prescribed by the	10872
federal act and the regulations adopted under it. The standards	10873
may relate to the use of a pesticide or to an individual's	10874
pesticide-use category.	10875

The director shall take into consideration standards of the	10876
United States environmental protection agency.	10877

(E) The director may adopt rules setting forth the conditions	10878
under which the director will:	10879

(1) Collect and examine samples of pesticides or devices;

10880

(2) Specify classes of devices that shall be subject to this	10881
chapter;	10882

(3) Prescribe other necessary registration information.

10883

(F) The director may adopt rules that do either or both of	10884
the following:	10885

(1) Designate, in addition to those restricted uses so	10886
classified by the administrator of the United States environmental	10887
protection agency, restricted uses of pesticides for the state or	10888
for designated areas within the state and, if the director	10889
considers it necessary, to further restrict such use;	10890

(2) Define what constitutes "acting under the instructions	10891
and control of a commercial applicator" as used in the definition	10892
of "direct supervision" in division (Q)(1) of section 921.01 of	10893
the Revised Code. In adopting a rule under division (F)(2) of this	10894
section, the director shall consider the factors associated with	10895
the use of pesticide in the various pesticide-use categories.	10896
Based on consideration of the factors, the director may define	10897
"acting under the instructions and control of a commercial	10898
applicator" to include communications between a commercial	10899
applicator and a trained serviceperson that are conducted via	10900
landline telephone or a means of wireless communication. Any rules	10901
adopted under division (F)(2) of this section shall be drafted in	10902
consultation with representatives of the pesticide industry.	10903

(G) Except as provided in division (D) of this section, the	10904
director shall not adopt any rule under this chapter that is	10905
inconsistent with the requirements of the federal act and	10906
regulations adopted thereunder.	10907

(H) The director, after notice and opportunity for hearing,	10908
may declare as a pest any form of plant or animal life, other than	10909
human beings and other than bacteria, viruses, and other	10910
microorganisms on or in living human beings or other living	10911
animals, that is injurious to health or the environment.	10912

(I) The director may make reports to the United States	10913
environmental protection agency, in the form and containing the	10914
information the agency may require.	10915

(J) The director shall adopt rules for the application, use,	10916
storage, and disposal of pesticides if, in the director's	10917
judgment, existing programs of the United States environmental	10918
protection agency necessitate such rules or pesticide labels do	10919
not sufficiently address issues or situations identified by the	10920
department of agriculture or interested state agencies.	10921

(K) The director shall adopt rules establishing all of the	10922
following:	10923

(1) Standards, requirements, and procedures for the	10924
examination and re-examination of commercial applicators and	10925
private applicators;	10926

(2) With respect to training programs that the director may	10927
require commercial applicators and private applicators to	10928
complete:	10929

(a) Standards and requirements that a training program must	10930
satisfy in order to be offered by the director or the director's	10931
representative or in order to be approved by the director if a	10932
third party wishes to offer it;	10933

(b) Eligibility standards and requirements that must be	10934
satisfied by third parties who wish to provide the training	10935
programs;	10936

(c) Procedures that third parties must follow in order to	10937
submit a proposed training program to the director for approval;	10938

(d) Criteria that the director must consider when determining	10939
whether to authorize a commercial applicator or private applicator	10940
to participate in a training program instead of being required to	10941
pass a re-examination.	10942

(3) Training requirements for a trained serviceperson.

10943

(L) The director shall adopt all rules under this chapter in	10944
accordance with Chapter 119. of the Revised Code.	10945

Sec. 923.44. (A)(1) Except as otherwise provided in	10946
divisions (A)(2), (3), and (4) of this section, the first	10947
distributor of a commercial feed shall pay the director of	10948
agriculture a semiannual inspection fee at the rate of ~~ten~~	10949
twenty-five cents per ton, with a minimum payment of ~~ten~~	10950
twenty-five dollars, on all commercial feeds distributed by ~~him~~	10951
the first distributor in this state.	10952

(2) The semiannual inspection fee required under division	10953
(A)(1) of this section shall not be paid by the first distributor	10954
of a commercial feed if the distribution is made to an exempt	10955
buyer who shall be responsible for the fee. The director shall	10956
establish an exempt list consisting of those buyers who are	10957
responsible for the fee.	10958

(3) The semiannual inspection fee shall not be paid on a	10959
commercial feed if the fee has been paid by a previous	10960
distributor.	10961

(4) The semiannual inspection fee shall not be paid on	10962
customer-formula feed if the fee has been paid on the commercial	10963
feeds ~~which~~that are used as components in that customer-formula	10964
feed.	10965

(B) Each distributor or exempt buyer who is required to pay a	10966
fee under division (A)(1) or (2) of this section shall file a	10967
semiannual statement with the director that includes the number of	10968
net tons of commercial feed distributed by ~~him~~the distributor or	10969
exempt buyer in this state, within thirty days after the thirtieth	10970
day of June and within thirty days after the thirty-first day of	10971
December, respectively, of each calendar year.	10972

The inspection fee at the rate stated in division (A)(1) of	10973
this section shall accompany the statement. For a tonnage report	10974
that is not filed or payment of inspection fees that is not made	10975
within fifteen days after the due date, a penalty of ten per cent	10976
of the amount due, with a minimum penalty of fifty dollars shall	10977
be assessed against the distributor or exempt buyer. The amount of	10978
fees due, plus penalty, shall constitute a debt and become the	10979
basis of a judgment against the distributor or exempt buyer.	10980

(C) No information furnished under this section shall be	10981
disclosed by an employee of the department of agriculture in such	10982
a way as to divulge the operation of any person required to make	10983
such a report.	10984

Sec. 923.45. The director of agriculture ~~shall~~may publish	10985
~~at least~~ annually in such form as hethe director considers	10986
proper:	10987

(A) Information concerning the sale of commercial feed,	10988
including any production and use data hethe director considers	10989
advisable, provided that the data does not disclose the operation	10990
of any manufacturer or distributor;	10991

(B) A comparison of the analyses of official samples of	10992
commercial feeds distributed in this state with the guaranteed	10993
analyses on the label.	10994

Sec. 923.46. All moneys collected by the director of	10995
agriculture under sections 923.41 to 923.55 of the Revised Code	10996
shall be deposited into the state treasury to the credit of the	10997
commercial feed, fertilizer, seed, and lime inspection and	10998
laboratory fund created in section 905.38 of the Revised Code.	10999
~~Money credited to the fund shall be used only for administering~~	11000
~~and enforcing this chapter and Chapter 905. of the Revised Code~~	11001
~~and rules adopted under them.~~	11002

The director shall prepare and provide a report concerning	11003
the fund in accordance with section 905.381 of the Revised Code.	11004

Sec. 927.69. To effect the purpose of sections 927.51 to	11005
927.74 of the Revised Code, the director of agriculture or the	11006
director's authorized representative may:	11007

(A) Make reasonable inspection of any premises in this state	11008
and any property therein or thereon;	11009

(B) Stop and inspect in a reasonable manner, any means of	11010
conveyance moving within this state upon probable cause to believe	11011
it contains or carries any pest, host, commodity, or other article	11012
that is subject to sections 927.51 to 927.72 of the Revised Code;	11013

(C) Conduct inspections of agricultural products that are	11014
required by other states, the United States department of	11015
agriculture, other federal agencies, or foreign countries to	11016
determine whether the products are infested. If, upon making such	11017
an inspection, the director or the director's authorized	11018
representative determines that an agricultural product is not	11019
infested, the director or the director's authorized representative	11020
may issue a certificate, as required by other states, the United	11021
States department of agriculture, other federal agencies, or	11022
foreign countries, indicating that the product is not infested.	11023

If the director charges fees for any of the certificates,	11024
agreements, or inspections specified in this section, the fees	11025
shall be as follows:	11026

(1) Phyto sanitary certificates, twenty-five dollars;

11027

(2) Compliance agreements, twenty dollars;

11028

(3) Solid wood packing certificates, twenty dollars;

11029

(4) Agricultural products and their conveyances inspections,	11030
~~sixty-five dollars~~an amount equal to the hourly rate of pay in	11031
the highest step in the pay range, including fringe benefits, of a	11032
plant pest control specialist multiplied by the number of hours	11033
worked by such a specialist in conducting an inspection.	11034

The director may adopt rules under section 927.52 of the	11035
Revised Code that define the certificates, agreements, and	11036
inspections.	11037

The fees shall be deposited into the state treasury to the	11038
credit of the pesticide program fund created in Chapter 921. of	11039
the Revised Code. Money credited to the fund shall be used to pay	11040
the costs incurred by the department of agriculture in	11041
administering this chapter, including employing a minimum of two	11042
additional inspectors.	11043

Sec. 1327.511. All money collected under section 1327.50 of	11044
the Revised Code for services rendered by the department of	11045
agriculture in operating the type evaluation program shall be	11046
deposited in the state treasury to the credit of the metrology and	11047
scale certification fund, which is hereby created. Money credited	11048
to the fund shall be used to pay operating costs incurred by the	11049
department in administering the program.	11050

Sec. 1327.62. Whenever the director of agriculture, or ~~his~~	11051
the director's designee, has cause to believe that any person has	11052
violated, or is violating, section 1327.54 or, 1327.61, or 1327.70	11053
of the Revised Code, hethe director, or ~~his~~the director's	11054
designee, may conduct a hearing in accordance with Chapter 119. of	11055
the Revised Code to determine whether a violation has occurred. If	11056
the director or ~~his~~the director's designee determines that the	11057
person has violated or is violating section 1327.54 or, 1327.61,	11058
or 1327.70 of the Revised Code, hethe director or the director's	11059
designee may assess a civil penalty against the person. The person	11060
is liable for a civil penalty of not more than five hundred	11061
dollars for a first violation; for a second violation the person	11062
is liable for a civil penalty of not more than two thousand five	11063
hundred dollars; for each subsequent violation that occurs within	11064
five years after the second violation, the person is liable for a	11065
civil penalty of not more than ten thousand dollars.	11066

Any person assessed a civil penalty under this section shall	11067
pay the amount prescribed to the department of agriculture. The	11068
department shall remit all moneys collected under this section to	11069
the treasurer of state for deposit in the general revenue fund.	11070

Sec. 1327.70. (A) As used in this section:

11071

(1) "Large capacity scale" includes the following:

11072

(a) Vehicle and axle-load scales used by law enforcement	11073
personnel in the enforcement of load limits on highways together	11074
with commercial railway, vehicle, and livestock scales.	11075
Descriptions of these types of scales are included in national	11076
institute of standards and technology handbook 44 or its	11077
supplements and revisions, as referred to in section 1327.49 of	11078
the Revised Code.	11079

(b) Any other scales designated in rules adopted under this	11080
section.	11081

(2) "Large meter" includes the following:

11082

(a) Commercially used rack meters, vehicle tank meters, and	11083
liquefied petroleum gas truck mounted meters. Descriptions of	11084
these types of meters are included in national institute of	11085
standards and technology handbook 44 or its supplements and	11086
revisions, as referred to in section 1327.49 of the Revised Code.	11087

(b) Any other meters designated in rules adopted under this	11088
section.	11089

(B) On and after September 1, 2005, no person shall operate a	11090
large capacity scale or a large meter in this state unless the	11091
operator holds a valid permit issued by the director of	11092
agriculture or the director's designee for the scale or meter. A	11093
person who wishes to operate a large capacity scale or a large	11094
meter in this state shall file a permit application with the	11095
director on a form that the director prescribes and provides. The	11096
applicant shall include on the application any information	11097
solicited by the form and include with it a fee of two hundred	11098
fifty dollars.	11099

(C) Upon receipt of a completed permit application and	11100
payment of the required permit fee, the director or the director's	11101
designee shall issue to the applicant a permit to operate the	11102
large capacity scale or large meter that is the subject of the	11103
application. A permit issued under this section expires on the	11104
thirtieth day of June following its issuance and may be renewed	11105
annually on or before the first day of July upon payment of a	11106
renewal fee in the amount of two hundred fifty dollars.	11107

(D) The director may adopt rules in accordance with Chapter	11108
119. of the Revised Code that designate additional types of scales	11109
and meters to be included in the definitions of "large capacity	11110
scale" and "large meter," respectively, or that provide a more	11111
detailed explanation of terms initially included in those	11112
definitions by statute.	11113

Sec. 1327.71. There is hereby created in the state treasury	11114
the weights and measures permit fund. The director of agriculture	11115
shall deposit permit and renewal fees collected under section	11116
1327.70 of the Revised Code into the state treasury to the credit	11117
of the fund. The director may use money in the fund to pay costs	11118
associated with the programs administered by the department of	11119
agriculture involving weights and measures.	11120

Sec. 1327.99. Whoever violates section 1327.54 or, division	11121
(A), (B), (C), or (D) of section 1327.61, or section 1327.70 of	11122
the Revised Code is guilty of a misdemeanor of the second degree	11123
on a first offense; on each subsequent offense within seven years	11124
after the first offense, ~~such~~the person is guilty of a	11125
misdemeanor of the first degree.	11126

Sec. 1502.02. (A) There is hereby created in the department	11127
of natural resources the division of recycling and litter	11128
prevention to be headed by the chief of recycling and litter	11129
prevention.	11130

(B) There is hereby created in the state treasury the	11131
recycling and litter prevention fund, consisting of moneys	11132
distributed to it from fees, including the fee levied under	11133
division (A)(3) of section 3734.901 of the Revised Code, gifts,	11134
donations, grants, reimbursements, and other sources, including	11135
investment earnings.	11136

(C) The chief of recycling and litter prevention shall do all	11137
of the following:	11138

(1) Use moneys credited to the fund exclusively for the	11139
purposes set forth in sections 1502.03, 1502.04, and 1502.05 of	11140
the Revised Code, with particular emphasis on programs relating to	11141
recycling;	11142

(2) Expend for administration of the division not more than	11143
ten per cent of any fiscal year's appropriation to the division,	11144
excluding the amount assessed to the division for direct and	11145
indirect central support charges;	11146

(3) Require recipients of grants under section 1502.05 of the	11147
Revised Code, as a condition of receiving and retaining them, to	11148
do all of the following:	11149

(a) Create a separate account for the grants and any cash	11150
donations received that qualify for the donor credit allowed by	11151
section 5733.064 of the Revised Code;	11152

(b) Make expenditures from the account exclusively for the	11153
purposes for which the grants were received;	11154

(c) Use any auditing and accounting practices the chief	11155
considers necessary regarding the account;	11156

(d) Report to the chief information regarding the amount and	11157
donor of cash donations received as described by section 5733.064	11158
of the Revised Code;	11159

(e) Use grants received to supplement and not to replace any	11160
existing funding for such purposes.	11161

(4) Report to the tax commissioner information the chief	11162
receives pursuant to division (C)(3)(d) of this section.	11163

Sec. 1515.14. Within the limits of funds appropriated to the	11164
department of natural resources and the soil and water	11165
conservation district assistance fund created in this section,	11166
there shall be paid in each calendar year to each local soil and	11167
water conservation district an amount not to exceed one dollar for	11168
each one dollar received in accordance with section 1515.10 of the	11169
Revised Code, received from tax levies in excess of the ten-mill	11170
levy limitation approved for the benefit of local soil and water	11171
conservation districts, or received from an appropriation by a	11172
municipal corporation or a township to a maximum of eight thousand	11173
dollars, provided that the Ohio soil and water conservation	11174
commission may approve payment to a district in an amount in	11175
excess of eight thousand dollars in any calendar year upon receipt	11176
of a request and justification from the district. The county	11177
auditor shall credit such payments to the special fund established	11178
pursuant to section 1515.10 of the Revised Code for the local soil	11179
and water conservation district. The department may make advances	11180
at least quarterly to each district on the basis of the estimated	11181
contribution of the state to each district. Moneys received by	11182
each district shall be expended for the purposes of the district.	11183

For the purpose of providing money to soil and water	11184
conservation districts under this section, there is hereby created	11185
in the state treasury the soil and water conservation district	11186
assistance fund consisting of money credited to it under section	11187
3714.073 of the Revised Code.	11188

Sec. 1517.02. There is hereby created in the department of	11189
natural resources the division of natural areas and preserves,	11190
which shall be administered by the chief of natural areas and	11191
preserves. The chief shall take an oath of office and shall file	11192
in the office of the secretary of state a bond signed by the chief	11193
and by a surety approved by the governor for a sum fixed pursuant	11194
to section 121.11 of the Revised Code.	11195

The chief shall administer a system of nature preserves and	11196
wild, scenic, and recreational river areas. The chief shall	11197
establish a system of nature preserves through acquisition and	11198
dedication of natural areas of state or national significance,	11199
which shall include, but not be limited to, areas ~~which~~that	11200
represent characteristic examples of Ohio's natural landscape	11201
types and its natural vegetation and geological history. The chief	11202
shall encourage landowners to dedicate areas of unusual	11203
significance as nature preserves, and shall establish and maintain	11204
a registry of natural areas of unusual significance.	11205

The chief may supervise, operate, protect, and maintain wild,	11206
scenic, and recreational river areas, as designated by the	11207
director of natural resources. The chief may cooperate with	11208
federal agencies administering any federal program concerning	11209
wild, scenic, or recreational river areas.	11210

~~The chief may, with the approval of the director, enter into~~	11211
~~an agreement with the United States department of commerce under~~	11212
~~the "Coastal Zone Management Act of 1972," 86 Stat. 1280, 16~~	11213
~~U.S.C.A. 1451, as amended, for the purpose of receiving grants to~~	11214
~~continue the management, operation, research, and programming at~~	11215
~~old woman creek national estuarine research reserve.~~	11216

The chief shall do the following:

11217

(A) Formulate policies and plans for the acquisition, use,	11218
management, and protection of nature preserves;	11219

(B) Formulate policies for the selection of areas suitable	11220
for registration;	11221

(C) Formulate policies for the dedication of areas as nature	11222
preserves;	11223

(D) Prepare and maintain surveys and inventories of natural	11224
areas and habitats of rare and endangered species of plants and	11225
animals;	11226

(E) Adopt rules for the use, visitation, and protection of	11227
nature preserves, "natural areas owned or managed through	11228
easement, license, or lease by the department and administered by	11229
the division," and lands owned "or managed through easement,	11230
license, or lease" by the department and administered by the	11231
division ~~which~~that are within or adjacent to any wild, scenic, or	11232
recreational river area, in accordance with Chapter 119. of the	11233
Revised Code;	11234

(F) Provide facilities and improvements within the state	11235
system of nature preserves that are necessary for their	11236
visitation, use, restoration, and protection and do not impair	11237
their natural character;	11238

(G) Provide interpretive programs and publish and disseminate	11239
information pertaining to nature preserves and natural areas for	11240
their visitation and use;	11241

(H) Conduct and grant permits to qualified persons for the	11242
conduct of scientific research and investigations within nature	11243
preserves;	11244

(I) Establish an appropriate system for marking nature	11245
preserves;	11246

(J) Publish and submit to the governor and the general	11247
assembly a biennial report of the status and condition of each	11248
nature preserve, activities conducted within each preserve, and	11249
plans and recommendations for natural area preservation.	11250

Sec. 1521.062. (A) All dams, dikes, and levees constructed	11251
in this state and not exempted by this section or by the chief of	11252
the division of water under section 1521.06 of the Revised Code	11253
shall be inspected periodically by the chief to, except for	11254
classes of dams that, in accordance with rules adopted under this	11255
section, are required to be inspected by registered professional	11256
engineers who have been approved for that purpose by the chief.	11257
The inspection shall ensure that continued operation and use of	11258
the dam, dike, or levee does not constitute a hazard to life,	11259
health, or property. Periodic inspections shall not be required of	11260
the following structures:	11261

(1) A dam that is less than ten feet in height and has a	11262
storage capacity of not more than fifty acre-feet at the elevation	11263
of the top of the dam, as determined by the chief. For the	11264
purposes of this section, the height of a dam shall be measured	11265
from the natural stream bed or lowest ground elevation at the	11266
downstream or outside limit of the dam to the elevation of the top	11267
of the dam.	11268

(2) A dam, regardless of height, that has a storage capacity	11269
of not more than fifteen acre-feet at the elevation of the top of	11270
the dam, as determined by the chief;	11271

(3) A dam, regardless of storage capacity, that is six feet	11272
or less in height, as determined by the chief;	11273

(4) A dam, dike, or levee belonging to a class exempted by	11274
the chief;	11275

(5) A dam, dike, or levee that has been exempted in	11276
accordance with rules adopted under section 1521.064 of the	11277
Revised Code.	11278

(B) In accordance with rules adopted under this section, the	11279
owner of a dam that is in a class of dams that is designated in	11280
the rules for inspection by registered professional engineers	11281
shall obtain the services of a registered professional engineer	11282
who has been approved by the chief to conduct the periodic	11283
inspection of dams pursuant to schedules and other standards and	11284
procedures established in the rules. The registered professional	11285
engineer shall prepare a report of the inspection in accordance	11286
with the rules and provide the inspection report to the dam owner	11287
who shall submit it to the chief. A dam that is designated under	11288
the rules for inspection by a registered professional engineer but	11289
that is not inspected within a five-year period may be inspected	11290
by the chief at the owner's expense.	11291

(C) Intervals between periodic inspections shall be	11292
determined by the chief, but shall not exceed five years. ~~The~~	11293
~~chief may use inspection reports prepared for the owner of the~~	11294
~~dam, dike, or levee by a registered professional engineer.~~	11295

~~(C) The owner~~(D) In the case of a dam, dike, or levee that	11296
the chief inspects, the chief shall ~~be furnished~~furnish a report	11297
of ~~each~~the inspection ~~and~~to the owner of the dam, dike, or	11298
levee. With regard to a dam, dike, or levee that has been	11299
inspected, either by the chief or by a registered professional	11300
engineer, and that is the subject of an inspection report prepared	11301
or received by the chief, the chief shall ~~be informed of~~inform	11302
the owner of any required repairs, maintenance, investigations,	11303
and other remedial and operational measures ~~by the chief~~. The	11304
chief shall order the owner to perform such repairs, maintenance,	11305
investigations, or other remedial or operational measures as he	11306
the chief considers necessary to safeguard life, health, or	11307
property. The order shall permit the owner a reasonable time in	11308
which to perform the needed repairs, maintenance, investigations,	11309
or other remedial measures, and the cost thereof shall be borne by	11310
the owner. All orders of the chief are subject to appeal as	11311
provided in Chapter 119. of the Revised Code. The attorney	11312
general, upon written request of the chief, may bring an action	11313
for an injunction against any person who violates this section or	11314
to enforce an order of the chief made pursuant to this section.	11315

~~(D)~~(E) The owner of a dam, dike, or levee shall monitor,	11316
maintain, and operate the structure and its appurtenances safely	11317
in accordance with state rules, terms and conditions of permits,	11318
orders, and other requirements issued pursuant to this section or	11319
section 1521.06 of the Revised Code. The owner shall fully and	11320
promptly notify the division of water and other responsible	11321
authorities of any condition ~~which~~that threatens the safety of	11322
the structure and shall take all necessary actions to safeguard	11323
life, health, and property.	11324

~~(E)~~(F) Before commencing the repair, improvement, alteration,	11325
or removal of a dam, dike, or levee, the owner shall file an	11326
application including plans, specifications, and other required	11327
information with the division and shall secure written approval of	11328
the application by the chief. Emergency actions by the owner	11329
required to safeguard life, health, or property are exempt from	11330
this requirement. The chief may, by rule, define maintenance,	11331
repairs, or other remedial measures of a routine nature ~~which~~that	11332
are exempt from this requirement.	11333

~~(F)~~(G) The chief may remove or correct, at the expense of the	11334
owner, any unsafe structures found to be constructed or maintained	11335
in violation of this section or section 1521.06 of the Revised	11336
Code. In the case of an owner other than a governmental agency,	11337
the cost of removal or correction of any unsafe structure,	11338
together with a description of the property on which the unsafe	11339
structure is located, shall be certified by the chief to the	11340
county auditor and placed by the county auditor upon the tax	11341
duplicate. This cost is a lien upon the lands from the date of	11342
entry and shall be collected as other taxes and returned to the	11343
division. In the case of an owner that is a governmental agency,	11344
the cost of removal or correction of any unsafe structure shall be	11345
recoverable from the owner by appropriate action in a court of	11346
competent jurisdiction.	11347

~~(G)~~(H) If the condition of any dam, dike, or levee is found,	11348
in the judgment of the chief, to be so dangerous to the safety of	11349
life, health, or property as not to permit time for the issuance	11350
and enforcement of an order relative to repair, maintenance, or	11351
operation, the chief shall employ any of the following remedial	11352
means necessary to protect life, health, and property:	11353

(1) Lower the water level of the lake or reservoir by	11354
releasing water;	11355

(2) Completely drain the lake or reservoir;

11356

(3) Take such other measures or actions as hethe chief	11357
considers necessary to safeguard life, health, and property.	11358

The chief shall continue in full charge and control of the	11359
dam, dike, or levee until the structure is rendered safe. The cost	11360
of the remedy shall be recoverable from the owner of the structure	11361
by appropriate action in a court of competent jurisdiction.	11362

~~(H)~~(I) The chief may accept and expend gifts, bequests, and	11363
grants from the United States government or from any other public	11364
or private source and may contract with the United States	11365
government or any other agency or entity for the purpose of	11366
carrying out the dam safety functions set forth in this section	11367
and section 1521.06 of the Revised Code.	11368

(J) In accordance with Chapter 119. of the Revised Code, the	11369
chief shall adopt, and may amend or rescind, rules that do all of	11370
the following:	11371

(1) Designate classes of dams for which dam owners must	11372
obtain the services of a registered professional engineer to	11373
periodically inspect the dams and to prepare reports of the	11374
inspections for submittal to the chief;	11375

(2) Establish standards in accordance with which the chief	11376
must approve or disapprove registered professional engineers to	11377
inspect dams together with procedures governing the approval	11378
process;	11379

(3) Establish schedules, standards, and procedures governing	11380
periodic inspections and standards and procedures governing the	11381
preparation and submittal of inspection reports;	11382

(4) Establish provisions regarding the enforcement of this	11383
section and rules adopted under it.	11384

Sec. 1531.27. The chief of the division of wildlife shall	11385
pay to the treasurers of the several counties wherein lands owned	11386
by the state and administered by the division are ~~situate~~located	11387
an annual amount determined in the following manner: in each such	11388
county one per cent of the total value of such lands exclusive of	11389
improvements, as shown on the auditor's records of taxable value	11390
of real property existing at the time when the state acquired the	11391
tract or tracts comprising ~~such~~the lands.	11392

~~Such~~The payments shall be made from funds accruing to the	11393
division ~~of wildlife~~ from the sale of hunting or fishing licenses	11394
and ~~federal wildlife restoration funds, and the~~from fines,	11395
penalties, and forfeitures deposited into the state treasury to	11396
the credit of the wildlife fund created in section 1531.17 of the	11397
Revised Code. The allocation of amounts to be paid from ~~such~~those	11398
sources shall be determined by the director of natural resources.	11399

~~Such~~The payments to the treasurers of the several counties	11400
shall be credited to the fund for school purposes within the	11401
school districts wherein ~~such~~the lands are ~~situate~~located.	11402

Sec. 1533.10. Except as provided in this section or division	11403
(A)(2) of section 1533.12 of the Revised Code, no person shall	11404
hunt any wild bird or wild quadruped without a hunting license.	11405
Each day that any person hunts within the state without procuring	11406
such a license constitutes a separate offense. Except as otherwise	11407
provided in this section, every applicant for a hunting license	11408
who is a resident of the state and ~~sixteen~~eighteen years of age	11409
or more shall procure a resident hunting license, the fee for	11410
which shall be eighteen dollars, unless the rules adopted under	11411
division (B) of section 1533.12 of the Revised Code provide for	11412
issuance of a resident hunting license to the applicant free of	11413
charge. Except as provided in rules adopted under division (B)(2)	11414
of that section, each applicant who is a resident of this state	11415
and who at the time of application is sixty-six years of age or	11416
older shall procure a special senior hunting license, the fee for	11417
which shall be one-half of the regular hunting license fee. Every	11418
applicant who is under the age of ~~sixteen~~eighteen years shall	11419
procure a special youth hunting license, the fee for which shall	11420
be one-half of the regular hunting license fee. The owner of lands	11421
in the state and the owner's children of any age and grandchildren	11422
under eighteen years of age may hunt on the lands without a	11423
hunting license. The tenant and children of the tenant, residing	11424
on lands in the state, may hunt on them without a hunting license.	11425
~~Every~~Except as otherwise provided in division (A)(1) of section	11426
1533.12 of the Revised Code, every applicant for a hunting license	11427
who is a nonresident of the state and who is ~~sixteen~~eighteen	11428
years of age or older shall procure a nonresident hunting license,	11429
the fee for which shall be one hundred twenty-four dollars, unless	11430
the applicant is a resident of a state that is a party to an	11431
agreement under section 1533.91 of the Revised Code, in which case	11432
the fee shall be eighteen dollars.	11433

The chief of the division of wildlife may issue a small game	11434
hunting license expiring three days from the effective date of the	11435
license to a nonresident of the state, the fee for which shall be	11436
thirty-nine dollars. No person shall take or possess deer, wild	11437
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	11438
animal while possessing only a small game hunting license. A small	11439
game hunting license does not authorize the taking or possessing	11440
of ducks, geese, or brant without having obtained, in addition to	11441
the small game hunting license, a wetlands habitat stamp as	11442
provided in section 1533.112 of the Revised Code. A small game	11443
hunting license does not authorize the taking or possessing of	11444
deer, wild turkeys, or fur-bearing animals. A nonresident of the	11445
state who wishes to take or possess deer, wild turkeys, or	11446
fur-bearing animals in this state shall procure, respectively, a	11447
special deer or wild turkey permit as provided in section 1533.11	11448
of the Revised Code or a fur taker permit as provided in section	11449
1533.111 of the Revised Code in addition to a nonresident hunting	11450
license or a special youth hunting license, as applicable, as	11451
provided in this section.	11452

No person shall procure or attempt to procure a hunting	11453
license by fraud, deceit, misrepresentation, or any false	11454
statement.	11455

This section does not authorize the taking and possessing of	11456
deer or wild turkeys without first having obtained, in addition to	11457
the hunting license required by this section, a special deer or	11458
wild turkey permit as provided in section 1533.11 of the Revised	11459
Code or the taking and possessing of ducks, geese, or brant	11460
without first having obtained, in addition to the hunting license	11461
required by this section, a wetlands habitat stamp as provided in	11462
section 1533.112 of the Revised Code.	11463

This section does not authorize the hunting or trapping of	11464
fur-bearing animals without first having obtained, in addition to	11465
a hunting license required by this section, a fur taker permit as	11466
provided in section 1533.111 of the Revised Code.	11467

No hunting license shall be issued unless it is accompanied	11468
by a written explanation of the law in section 1533.17 of the	11469
Revised Code and the penalty for its violation, including a	11470
description of terms of imprisonment and fines that may be	11471
imposed.	11472

No hunting license shall be issued unless the applicant	11473
presents to the agent authorized to issue the license a previously	11474
held hunting license or evidence of having held such a license in	11475
content and manner approved by the chief, a certificate of	11476
completion issued upon completion of a hunter education and	11477
conservation course approved by the chief, or evidence of	11478
equivalent training in content and manner approved by the chief.	11479

No person shall issue a hunting license to any person who	11480
fails to present the evidence required by this section. No person	11481
shall purchase or obtain a hunting license without presenting to	11482
the issuing agent the evidence required by this section. Issuance	11483
of a hunting license in violation of the requirements of this	11484
section is an offense by both the purchaser of the illegally	11485
obtained hunting license and the clerk or agent who issued the	11486
hunting license. Any hunting license issued in violation of this	11487
section is void.	11488

The chief, with approval of the wildlife council, shall adopt	11489
rules prescribing a hunter education and conservation course for	11490
first-time hunting license buyers and for volunteer instructors.	11491
The course shall consist of subjects including, but not limited	11492
to, hunter safety and health, use of hunting implements, hunting	11493
tradition and ethics, the hunter and conservation, the law in	11494
section 1533.17 of the Revised Code along with the penalty for its	11495
violation, including a description of terms of imprisonment and	11496
fines that may be imposed, and other law relating to hunting.	11497
Authorized personnel of the division or volunteer instructors	11498
approved by the chief shall conduct such courses with such	11499
frequency and at such locations throughout the state as to	11500
reasonably meet the needs of license applicants. The chief shall	11501
issue a certificate of completion to each person who successfully	11502
completes the course and passes an examination prescribed by the	11503
chief.	11504

Sec. 1533.11. (A) Except as provided in this section, no	11505
person shall hunt deer on lands of another without first obtaining	11506
an annual special deer permit. Except as provided in this section,	11507
no person shall hunt wild turkeys on lands of another without	11508
first obtaining an annual special wild turkey permit. Each	11509
applicant for a special deer or wild turkey permit shall pay an	11510
annual fee of twenty-three dollars for each permit unless the	11511
rules adopted under division (B) of section 1533.12 of the Revised	11512
Code provide for issuance of a deer or wild turkey permit to the	11513
applicant free of charge. Except as provided in rules adopted	11514
under division (B)(2) of that section, each applicant who is a	11515
resident of this state and who at the time of application is	11516
sixty-six years of age or older shall procure a special senior	11517
deer or wild turkey permit, the fee for which shall be one-half of	11518
the regular special deer or wild turkey permit fee. Each applicant	11519
who is under the age of ~~sixteen~~eighteen years shall procure a	11520
special youth deer or wild turkey permit, the fee for which shall	11521
be one-half of the regular special deer or wild turkey permit fee.	11522
Except as provided in division (A)(2) of section 1533.12 of the	11523
Revised Code, a deer or wild turkey permit shall run concurrently	11524
with the hunting license. The money received shall be paid into	11525
the state treasury to the credit of the wildlife fund, created in	11526
section 1531.17 of the Revised Code, exclusively for the use of	11527
the division of wildlife in the acquisition and development of	11528
land for deer or wild turkey management, for investigating deer or	11529
wild turkey problems, and for the stocking, management, and	11530
protection of deer or wild turkey. Every person, while hunting	11531
deer or wild turkey on lands of another, shall carry the person's	11532
special deer or wild turkey permit and exhibit it to any	11533
enforcement officer so requesting. Failure to so carry and exhibit	11534
such a permit constitutes an offense under this section. The chief	11535
of the division of wildlife shall adopt any additional rules the	11536
chief considers necessary to carry out this section and section	11537
1533.10 of the Revised Code.	11538

The owner and the children of the owner of lands in this	11539
state may hunt deer or wild turkey thereon without a special deer	11540
or wild turkey permit. The tenant and children of the tenant may	11541
hunt deer or wild turkey on lands where they reside without a	11542
special deer or wild turkey permit.	11543

(B) A special deer or wild turkey permit is not transferable.	11544
No person shall carry a special deer or wild turkey permit issued	11545
in the name of another person.	11546

(C) The wildlife refunds fund is hereby created in the state	11547
treasury. The fund shall consist of money received from	11548
application fees for special deer permits that are not issued.	11549
Money in the fund shall be used to make refunds of such	11550
application fees.	11551

Sec. 1533.111. Except as provided in this section or	11552
division (A)(2) of section 1533.12 of the Revised Code, no person	11553
shall hunt or trap fur-bearing animals on land of another without	11554
first obtaining an annual fur taker permit. Each applicant for a	11555
fur taker permit shall pay an annual fee of fourteen dollars for	11556
the permit, except as otherwise provided in this section or unless	11557
the rules adopted under division (B) of section 1533.12 of the	11558
Revised Code provide for issuance of a fur taker permit to the	11559
applicant free of charge. Except as provided in rules adopted	11560
under division (B)(2) of that section, each applicant who is a	11561
resident of this state and who at the time of application is	11562
sixty-six years of age or older shall procure a special senior fur	11563
taker permit, the fee for which shall be one-half of the regular	11564
fur taker permit fee. Each applicant ~~who is a resident of the~~	11565
~~state and~~ under the age of ~~sixteen~~eighteen years shall procure a	11566
special youth fur taker permit, the fee for which shall be	11567
one-half of the regular fur taker permit fee. The fur taker permit	11568
shall run concurrently with the hunting license. The money	11569
received shall be paid into the state treasury to the credit of	11570
the fund established in section 1533.15 of the Revised Code.	11571

No fur taker permit shall be issued unless it is accompanied	11572
by a written explanation of the law in section 1533.17 of the	11573
Revised Code and the penalty for its violation, including a	11574
description of terms of imprisonment and fines that may be	11575
imposed.	11576

No fur taker permit shall be issued unless the applicant	11577
presents to the agent authorized to issue a fur taker permit a	11578
previously held hunting license or trapping or fur taker permit or	11579
evidence of having held such a license or permit in content and	11580
manner approved by the chief of the division of wildlife, a	11581
certificate of completion issued upon completion of a trapper	11582
education course approved by the chief, or evidence of equivalent	11583
training in content and manner approved by the chief.	11584

No person shall issue a fur taker permit to any person who	11585
fails to present the evidence required by this section. No person	11586
shall purchase or obtain a fur taker permit without presenting to	11587
the issuing agent the evidence required by this section. Issuance	11588
of a fur taker permit in violation of the requirements of this	11589
section is an offense by both the purchaser of the illegally	11590
obtained permit and the clerk or agent who issued the permit. Any	11591
fur taker permit issued in violation of this section is void.	11592

The chief, with approval of the wildlife council, shall adopt	11593
rules prescribing a trapper education course for first-time fur	11594
taker permit buyers and for volunteer instructors. The course	11595
shall consist of subjects that include, but are not limited to,	11596
trapping techniques, animal habits and identification, trapping	11597
tradition and ethics, the trapper and conservation, the law in	11598
section 1533.17 of the Revised Code along with the penalty for its	11599
violation, including a description of terms of imprisonment and	11600
fines that may be imposed, and other law relating to trapping.	11601
Authorized personnel of the division of wildlife or volunteer	11602
instructors approved by the chief shall conduct the courses with	11603
such frequency and at such locations throughout the state as to	11604
reasonably meet the needs of permit applicants. The chief shall	11605
issue a certificate of completion to each person who successfully	11606
completes the course and passes an examination prescribed by the	11607
chief.	11608

Every person, while hunting or trapping fur-bearing animals	11609
on lands of another, shall carry the person's fur taker permit	11610
~~affixed to the person's hunting license~~ with the person's	11611
signature written ~~across the face of~~on the permit. Failure to	11612
carry such a signed permit constitutes an offense under this	11613
section. The chief shall adopt any additional rules the chief	11614
considers necessary to carry out this section.	11615

The owner and the children of the owner of lands in this	11616
state may hunt or trap fur-bearing animals thereon without a fur	11617
taker permit. The tenant and children of the tenant may hunt or	11618
trap fur-bearing animals on lands where they reside without a fur	11619
taker permit.	11620

A fur taker permit is not transferable. No person shall carry	11621
a fur taker permit issued in the name of another person.	11622

A fur taker permit entitles a nonresident to take from this	11623
state fur-bearing animals taken and possessed by the nonresident	11624
as provided by law or division rule.	11625

Sec. 1533.112. Except as provided in this section or unless	11626
otherwise provided by division rule, no person shall hunt ducks,	11627
geese, or brant on the lands of another without first obtaining an	11628
annual wetlands habitat stamp. The annual fee for the wetlands	11629
habitat stamp shall be fourteen dollars for each stamp unless the	11630
rules adopted under division (B) of section 1533.12 provide for	11631
issuance of a wetlands habitat stamp to the applicant free of	11632
charge.	11633

Moneys received from the stamp fee shall be paid into the	11634
state treasury to the credit of the wetlands habitat fund, which	11635
is hereby established. Moneys shall be paid from the fund on the	11636
order of the director of natural resources for the following	11637
purposes:	11638

(A) Sixty per cent for projects that the division approves	11639
for the acquisition, development, management, or preservation of	11640
waterfowl areas within the state;	11641

(B) Forty per cent for contribution by the division to an	11642
appropriate nonprofit organization for the acquisition,	11643
development, management, or preservation of lands and waters	11644
within the United States or Canada that provide or will provide	11645
habitat for waterfowl with migration routes that cross this state.	11646

No moneys derived from the issuance of wetlands habitat	11647
stamps shall be spent for purposes other than those specified by	11648
this section. All investment earnings of the fund shall be	11649
credited to the fund.	11650

Wetlands habitat stamps shall be furnished by and in a form	11651
prescribed by the chief of the division of wildlife and issued by	11652
clerks and other agents authorized to issue licenses and permits	11653
under section 1533.13 of the Revised Code. The record of stamps	11654
kept by the clerks and other agents shall be uniform throughout	11655
the state, in such form or manner as the director prescribes, and	11656
open at all reasonable hours to the inspection of any person.	11657
Unless otherwise provided by rule, each stamp shall remain in	11658
force until midnight of the thirty-first day of August next	11659
ensuing. Wetlands habitat stamps may be issued in any manner to	11660
any person on any date, whether or not that date is within the	11661
period in which they are effective.	11662

Every person to whom this section applies, while hunting	11663
ducks, geese, or brant, shall carry an unexpired wetlands habitat	11664
stamp that is validated by the person's signature written on the	11665
stamp in ink and shall exhibit the stamp to any enforcement	11666
officer so requesting. No person shall fail to carry and exhibit	11667
the person's stamp.	11668

A wetlands habitat stamp is not transferable.

11669

The chief shall establish a procedure to obtain subject	11670
matter to be printed on the wetlands habitat stamp and shall use,	11671
dispose of, or distribute the subject matter as the chief	11672
considers necessary. The chief also shall adopt rules necessary to	11673
administer this section.	11674

This section does not apply to persons under sixteen years of	11675
age nor to persons exempted from procuring a hunting license under	11676
section 1533.10 or division (A)(2) of section 1533.12 of the	11677
Revised Code.	11678

Sec. 1533.12. (A)(1) Except as otherwise provided in	11679
division (A)(2) of this section, every person on active duty in	11680
the armed forces of the United States who is stationed in this	11681
state and who wishes to engage in an activity for which a license,	11682
permit, or stamp is required under this chapter first shall obtain	11683
the requisite license, permit, or stamp. Such a person is eligible	11684
to obtain a resident hunting or fishing license regardless of	11685
whether the person qualifies as a resident of this state. To	11686
obtain a resident hunting or fishing license, the person shall	11687
present a card or other evidence identifying the person as being	11688
on active duty in the armed forces of the United States and as	11689
being stationed in this state.	11690

(2) Every person on active duty in the armed forces of the	11691
United States, while on leave or furlough, may take or catch fish	11692
of the kind lawfully permitted to be taken or caught within the	11693
state, may hunt any wild bird or wild quadruped lawfully permitted	11694
to be hunted within the state, and may trap fur-bearing animals	11695
lawfully permitted to be trapped within the state, without	11696
procuring a fishing license, a hunting license, a fur taker	11697
permit, or a wetlands habitat stamp required by this chapter,	11698
provided that the person shall carry on the person when fishing,	11699
hunting, or trapping, a card or other evidence identifying the	11700
person as being on active duty in the armed forces of the United	11701
States, and provided that the person is not otherwise violating	11702
any of the hunting, fishing, and trapping laws of this state.	11703

In order to hunt deer or wild turkey, any such person shall	11704
obtain a special deer or wild turkey permit, as applicable, under	11705
section 1533.11 of the Revised Code. However, the person need not	11706
obtain a hunting license in order to obtain such a permit.	11707

(B) The chief of the division of wildlife shall provide by	11708
rule adopted under section 1531.10 of the Revised Code all of the	11709
following:	11710

(1) Every resident of this state with a disability that has	11711
been determined by the veterans administration to be permanently	11712
and totally disabling, who receives a pension or compensation from	11713
the veterans administration, and who received an honorable	11714
discharge from the armed forces of the United States, and every	11715
veteran to whom the registrar of motor vehicles has issued a set	11716
of license plates under section 4503.41 of the Revised Code, shall	11717
be issued an annual fishing license, hunting license, fur taker	11718
permit, deer or wild turkey permit, or wetlands habitat stamp, or	11719
any combination of those licenses, permits, and stamp, free of	11720
charge when application is made to the chief in the manner	11721
prescribed by and on forms provided by the chief.	11722

(2) Every resident of the state who was born on or before	11723
December 31, 1937, shall be issued an annual fishing license,	11724
hunting license, fur taker permit, deer or wild turkey permit, or	11725
wetlands habitat stamp, or any combination of those licenses,	11726
permits, and stamp, free of charge when application is made to the	11727
chief in the manner prescribed by and on forms provided by the	11728
chief.	11729

(3) Every resident of state or county institutions,	11730
charitable institutions, and military homes in this state shall be	11731
issued an annual fishing license free of charge when application	11732
is made to the chief in the manner prescribed by and on forms	11733
provided by the chief.	11734

(4) Any mobility impaired or blind person, as defined in	11735
section 955.011 of the Revised Code, who is a resident of this	11736
state and who is unable to engage in fishing without the	11737
assistance of another person shall be issued an annual fishing	11738
license free of charge when application is made to the chief in	11739
the manner prescribed by and on forms provided by the chief. The	11740
person who is assisting the mobility impaired or blind person may	11741
assist in taking or catching fish of the kind permitted to be	11742
taken or caught without procuring the license required under	11743
section 1533.32 of the Revised Code, provided that only one line	11744
is used by both persons.	11745

(5) As used in division (B)(5) of this section, "prisoner of	11746
war" means any regularly appointed, enrolled, enlisted, or	11747
inducted member of the military forces of the United States who	11748
was captured, separated, and incarcerated by an enemy of the	11749
United States.	11750

Any person who has been a prisoner of war, was honorably	11751
discharged from the military forces, and is a resident of this	11752
state shall be issued an annual fishing license, hunting license,	11753
fur taker permit, or wetlands habitat stamp, or any combination of	11754
those licenses, permits, and stamp, free of charge when	11755
application is made to the chief in the manner prescribed by and	11756
on forms provided by the chief.	11757

(C) The chief shall adopt rules pursuant to section 1531.08	11758
of the Revised Code designating not more than two days, which need	11759
not be consecutive, in each year as "free sport fishing days" on	11760
which any resident may exercise the privileges accorded the holder	11761
of a fishing license issued under section 1533.32 of the Revised	11762
Code without procuring such a license, provided that the person is	11763
not otherwise violating any of the fishing laws of this state.	11764

Sec. 1533.32. Except as provided in this section or division	11765
(A)(2) or (C) of section 1533.12 of the Revised Code, no person,	11766
including nonresidents, shall take or catch any fish by angling in	11767
any of the waters in the state or engage in fishing in those	11768
waters without a license. No person shall take or catch frogs or	11769
turtles without a valid fishing license, except as provided in	11770
this section. Persons fishing in privately owned ponds, lakes, or	11771
reservoirs to or from which fish are not accustomed to migrate are	11772
exempt from the license requirements set forth in this section.	11773
Persons fishing in privately owned ponds, lakes, or reservoirs	11774
that are open to public fishing through an agreement or lease with	11775
the division of wildlife shall comply with the license	11776
requirements set forth in this section.	11777

The fee for an annual license shall be thirty-nine dollars	11778
for a resident of a state that is not a party to an agreement	11779
under section 1533.91 of the Revised Code. The fee for an annual	11780
license shall be eighteen dollars for a resident of a state that	11781
is a party to such an agreement. The fee for an annual license for	11782
residents of this state shall be eighteen dollars unless the rules	11783
adopted under division (B) of section 1533.12 of the Revised Code	11784
provide for issuance of a resident fishing license to the	11785
applicant free of charge. Except as provided in rules adopted	11786
under division (B)(2) of that section, each applicant who is a	11787
resident of this state and who at the time of application is	11788
sixty-six years of age or older shall procure a special senior	11789
fishing license, the fee for which shall be one-half of the annual	11790
resident fishing license fee.	11791

Any person under the age of sixteen years may take or catch	11792
frogs and turtles and take or catch fish by angling without a	11793
license.	11794

The chief of the division of wildlife may issue a tourist's	11795
license expiring three days from the effective date of the license	11796
to a resident of a state that is not a party to an agreement under	11797
section 1533.91 of the Revised Code. The fee for a tourist's	11798
license shall be eighteen dollars.	11799

The chief shall adopt rules under section 1531.10 of the	11800
Revised Code providing for the issuance of a one-day fishing	11801
license to a resident of this state or of any other state. The fee	11802
for such a license shall be fifty-five per cent of the amount	11803
established under this section for a tourist's license, rounded up	11804
to the nearest whole dollar. A one-day fishing license shall allow	11805
the holder to take or catch fish by angling in the waters in the	11806
state, engage in fishing in those waters, or take or catch frogs	11807
or turtles in those waters for one day without obtaining an annual	11808
license or a tourist's license under this section. At the request	11809
of a holder of a one-day fishing license who wishes to obtain an	11810
annual license, a clerk or agent authorized to issue licenses	11811
under section 1533.13 of the Revised Code, not later than the last	11812
day on which the one-day license would be valid if it were an	11813
annual license, shall credit the amount of the fee paid for the	11814
one-day license toward the fee charged for the annual license if	11815
so authorized by the chief. The clerk or agent shall issue the	11816
annual license upon presentation of the one-day license and	11817
payment of a fee in an amount equal to the difference between the	11818
fee for the annual license and the fee for the one-day license.	11819

11820

Unless otherwise provided by division rule, each annual	11821
license shall begin on the first day of March of the current year	11822
and expire on the last day of February of the following year.	11823

No person shall alter a fishing license or possess a fishing	11824
license that has been altered.	11825

No person shall procure or attempt to procure a fishing	11826
license by fraud, deceit, misrepresentation, or any false	11827
statement.	11828

Owners of land over, through, upon, or along which any water	11829
flows or stands, except where the land is in or borders on state	11830
parks or state-owned lakes, together with the members of the	11831
immediate families of such owners, may take frogs and turtles and	11832
may take or catch fish of the kind permitted to be taken or caught	11833
therefrom without procuring a license provided for in this	11834
section. This exemption extends to tenants actually residing upon	11835
such lands and to the members of the immediate families of the	11836
tenants. Residents of state or county institutions, charitable	11837
institutions, and military homes in this state may take frogs and	11838
turtles without procuring the required license, provided that a	11839
member of the institution or home has an identification card,	11840
which shall be carried on that person when fishing.	11841

Every fisher required to be licensed, while fishing or taking	11842
or attempting to take frogs or turtles, shall carry the license	11843
and exhibit it to any person. Failure to so carry and exhibit the	11844
license constitutes an offense under this section.	11845

Sec. 1541.03. All lands and waters dedicated and set apart	11846
for state park purposes shall be under the control and management	11847
of the division of parks and recreation, which shall protect,	11848
maintain, and keep them in repair. The division shall have the	11849
following powers over all such lands and waters:	11850

(A) To make alterations and improvements;

11851

(B) To construct and maintain dikes, wharves, landings,	11852
docks, dams, and other works;	11853

(C) To construct and maintain roads and drives in, around,	11854
upon, and to the lands and waters to make them conveniently	11855
accessible and useful to the public;	11856

(D) ToExcept as otherwise provided in this section, to	11857
adopt, amend, and rescind, in accordance with Chapter 119. of the	11858
Revised Code, rules necessary for the proper management of state	11859
parks, bodies of water, and the lands adjacent to them under its	11860
jurisdiction and control, including the following:	11861

(1) Governing opening and closing times and dates of the	11862
parks;	11863

(2) Establishing fees and charges for ~~admission to state~~	11864
~~parks and for~~ use of facilities in ~~them~~state parks;	11865

(3) Governing camps, camping, and fees for camps and camping;

11866

(4) Governing the application for and rental of, rental fees	11867
for, and the use of cabins;	11868

(5) Relating to public use of state park lands, and governing	11869
the operation of motor vehicles, including speeds, and parking on	11870
those lands;	11871

(6) Governing all advertising within state parks and the	11872
requirements for the operation of places selling tangible personal	11873
property and control of food service sales on lands and waters	11874
under the control of the division, which rules shall establish	11875
uniform requirements;	11876

(7) Providing uniform standards relating to the size, type,	11877
location, construction, and maintenance of structures and devices	11878
used for fishing or moorage of watercraft, rowboats, sailboats,	11879
and powercraft, as those terms are defined in section 1547.01 of	11880
the Revised Code, over waters under the control of the division	11881
and establishing reasonable fees for the construction of and	11882
annual use permits for those structures and devices;	11883

(8) Governing state beaches, swimming, inflatable devices,	11884
and fees for them;	11885

(9) Governing the removal and disposition of any watercraft,	11886
rowboat, sailboat, or powercraft, as those terms are defined in	11887
section 1547.01 of the Revised Code, left unattended for more than	11888
seven days on any lands or waters under the control of the	11889
division;	11890

(10) Governing the establishment and collection of check	11891
collection charges for checks that are returned to the division or	11892
dishonored for any reason.	11893

The division shall adopt rules under this section	11894
establishing a discount program for all persons who are issued a	11895
golden buckeye card under section 173.06 of the Revised Code. The	11896
discount program shall provide a discount for all park services	11897
and rentals, but shall not provide a discount for the purchase of	11898
merchandise.	11899

The division shall not adopt rules establishing fees or	11900
charges for parking a motor vehicle in a state park or for	11901
admission to a state park.	11902

Every resident of this state with a disability that has been	11903
determined by the veterans administration to be permanently and	11904
totally disabling, who receives a pension or compensation from the	11905
veterans administration, and who received an honorable discharge	11906
from the armed forces of the United States, and every veteran to	11907
whom the registrar of motor vehicles has issued a set of license	11908
plates under section 4503.41 of the Revised Code, shall be exempt	11909
from the fees for camping, provided that the resident or veteran	11910
carries in the state park such evidence of the resident's or	11911
veteran's disability as the chief of the division of parks and	11912
recreation prescribes by rule.	11913

~~Every~~Unless otherwise provided by division rule, every	11914
resident of this state who is sixty-five years of age or older or	11915
who is permanently and totally disabled and who furnishes evidence	11916
of that age or disability in a manner prescribed by division rule	11917
shall be charged one-half of the regular fee for camping, except	11918
on the weekends and holidays designated by the division~~. Such a~~	11919
~~person~~, and shall not be charged more than ninety per cent of the	11920
regular charges for state recreational facilities, equipment,	11921
services, and food service operations utilized by the person at	11922
any time of year, whether maintained or operated by the state or	11923
leased for operation by another entity.	11924

As used in this section, "food service operations" means	11925
restaurants that are owned by the department of natural resources	11926
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	11927
parks or are part of a state park lodge. "Food service operations"	11928
does not include automatic vending machines, concession stands, or	11929
snack bars.	11930

As used in this section, "prisoner of war" means any	11931
regularly appointed, enrolled, enlisted, or inducted member of the	11932
military forces of the United States who was captured, separated,	11933
and incarcerated by an enemy of the United States. Any person who	11934
has been a prisoner of war, was honorably discharged from the	11935
military forces, and is a resident of this state is exempt from	11936
the fees for camping. To claim this exemption, the person shall	11937
present written evidence in the form of a record of separation, a	11938
letter from one of the military forces of the United States, or	11939
such other evidence as the chief prescribes by rule that satisfies	11940
the eligibility criteria established by this section.	11941

Sec. 1547.721. As used in sections 1547.721 to 1547.726 of	11942
the Revised Code:	11943

(A) "Eligible project" means a project that involves the	11944
acquisition, construction, establishment, reconstruction,	11945
rehabilitation, renovation, enlargement, improvement, equipping,	11946
furnishing, or development of either of the following:	11947

(1) Marine recreational facilities;

11948

(2) Refuge harbors and other projects for the harboring,	11949
mooring, docking, launching, and storing of light draft vessels.	11950

(B) "Marine recreational facilities," "refuge harbors,"	11951
"light draft vessels," and "allowable costs" have the meanings	11952
established in rules adopted under section 1547.723 of the Revised	11953
Code.	11954

(C) "Revolving loan program" means the loan program	11955
established under sections 1547.721 to 1547.726 of the Revised	11956
Code.	11957

(D) "State agency" has the same meaning as in section 9.66 of	11958
the Revised Code.	11959

Sec. 1547.722. There is hereby created in the state treasury	11960
the watercraft revolving loan fund consisting of money	11961
appropriated or transferred to it, money received and credited to	11962
the fund under section 1547.726 of the Revised Code, and any	11963
grants, gifts, or contributions of moneys received for deposit to	11964
the credit of the fund.	11965

The director of natural resources shall use money in the	11966
watercraft revolving loan fund for the purpose of making loans	11967
under section 1547.724 of the Revised Code for eligible projects	11968
and taking actions under sections 1547.721 to 1547.726 of the	11969
Revised Code necessary to fulfill that purpose. The director may	11970
establish separate accounts in the fund for particular projects or	11971
otherwise. Income from the investment of money in the fund shall	11972
be credited to the fund, and, if the director so requires, to	11973
particular accounts in the fund.	11974

Sec. 1547.723. (A) The director of natural resources shall	11975
adopt rules under Chapter 119. of the Revised Code that the	11976
director determines to be necessary for the implementation of the	11977
revolving loan program. The rules shall include a definition of	11978
what constitutes "allowable costs" of an eligible project for	11979
purposes of the program together with a definition of "marine	11980
recreational facilities," "refuge harbors," and "light draft	11981
vessels," respectively.	11982

(B) The director may delegate any of the director's duties or	11983
responsibilities under sections 1547.721 to 1547.726 of the	11984
Revised Code to the chief of the division of watercraft.	11985

Sec. 1547.724. (A) With the approval of the controlling	11986
board, and subject to the other applicable provisions of sections	11987
1547.721 to 1547.726 of the Revised Code, the director of natural	11988
resources may lend moneys in the watercraft revolving loan fund to	11989
public or private entities for the purpose of paying the allowable	11990
costs of an eligible project. Loans shall be made under this	11991
division only if the director determines that all of the following	11992
apply:	11993

(1) The project is an eligible project and is economically	11994
sound;	11995

(2) The borrower is unable to finance the necessary allowable	11996
costs through ordinary financial channels upon comparable terms;	11997

(3) The repayment of the loan will be adequately secured by a	11998
mortgage, lien, assignment, or pledge at a level of priority as	11999
the director may require;	12000

(4) The amount of the loan does not exceed ninety per cent of	12001
the total cost of the project.	12002

(B) The determinations of the director under division (A) of	12003
this section shall be conclusive for purposes of the validity of a	12004
loan commitment evidenced by a loan agreement signed by the	12005
director. Further, the director's determinations that a project	12006
constitutes an eligible project and that the costs of such a	12007
project are allowable costs, together with all other	12008
determinations relevant to the project or to an action taken or	12009
agreement entered into under sections 1547.721 to 1547.726 of the	12010
Revised Code shall be conclusive for purposes of the validity and	12011
enforceability of rights of parties arising from actions taken and	12012
agreements entered into under those sections.	12013

(C) The director may take any actions necessary or	12014
appropriate with respect to a loan made under this section,	12015
including facilitating the collection of amounts due on a loan.	12016

Sec. 1547.725. For purposes of the revolving loan program,	12017
the director of natural resources may do any of the following:	12018

(A) Establish fees, charges, rates of interest, times of	12019
payment of interest and principal, and other terms, conditions,	12020
and provisions of and security for loans made from the watercraft	12021
revolving loan fund that the director determines to be appropriate	12022
and in furtherance of the purpose for which the loans are made;	12023

(B) Retain the services of or employ financial consultants,	12024
appraisers, consulting engineers, superintendents, managers,	12025
construction and accounting experts, attorneys, and employees,	12026
agents, and independent contractors that the director determines	12027
to be necessary and fix the compensation for their services;	12028

(C) Receive and accept from any person grants, gifts,	12029
contributions of money, property, labor, and other things of value	12030
to be held, used, and applied only for the purpose for which such	12031
grants, gifts, and contributions are made;	12032

(D) Enter into appropriate agreements with other governmental	12033
entities to provide for all of the following:	12034

(1) Payment of allowable costs related to the development of	12035
eligible projects for which loans have been made from the	12036
watercraft revolving loan fund;	12037

(2) Any governmental action a governmental entity is	12038
authorized to take, including undertaking on behalf and at the	12039
request of the director any action that the director is authorized	12040
to undertake pursuant to sections 1547.721 to 1547.725 of the	12041
Revised Code;	12042

(3) The operation of facilities associated with eligible	12043
projects.	12044

All state agencies shall cooperate with and provide	12045
assistance to the director as is necessary for the administration	12046
of sections 1547.721 to 1547.726 of the Revised Code.	12047

Sec. 1547.726. All money received by the state from the	12048
repayment of loans made from the watercraft revolving loan fund,	12049
including interest, fees, and charges associated with such loans,	12050
shall be deposited to the credit of the watercraft revolving loan	12051
fund.	12052

Sec. 1548.06. (A)(1) Application for a certificate of title	12053
for a watercraft or outboard motor shall be made upon a form	12054
prescribed by the chief of the division of watercraft and shall be	12055
sworn to before a notary public or other officer empowered to	12056
administer oaths. The application shall be filed with the clerk of	12057
any court of common pleas. An application for a certificate of	12058
title may be filed electronically by any electronic means approved	12059
by the chief in any county with the clerk of the court of common	12060
pleas of that county. The application shall be accompanied by the	12061
fee prescribed in section 1548.10 of the Revised Code. The fee	12062
shall be retained by the clerk who issues the certificate of title	12063
and shall be distributed in accordance with that section. If a	12064
clerk of a court of common pleas, other than the clerk of the	12065
court of common pleas of an applicant's county of residence,	12066
issues a certificate of title to the applicant, the clerk shall	12067
transmit data related to the transaction to the automated title	12068
processing system.	12069

(2) If a certificate of title previously has been issued for	12070
the watercraft or outboard motor, the application for a	12071
certificate of title also shall be accompanied by the certificate	12072
of title duly assigned unless otherwise provided in this chapter.	12073
If a certificate of title previously has not been issued for the	12074
watercraft or outboard motor in this state, the application,	12075
unless otherwise provided in this chapter, shall be accompanied by	12076
a manufacturer's or importer's certificate; by a sworn statement	12077
of ownership if the watercraft or outboard motor was purchased by	12078
the applicant on or before October 9, 1963, or if the watercraft	12079
is less than fourteen feet long with a permanently affixed	12080
mechanical means of propulsion and was purchased by the applicant	12081
on or before January 1, 2000; or by a certificate of title, bill	12082
of sale, or other evidence of ownership required by the law of	12083
another state from which the watercraft or outboard motor was	12084
brought into this state. Evidence of ownership of a watercraft or	12085
outboard motor for which an Ohio certificate of title previously	12086
has not been issued and which watercraft or outboard motor does	12087
not have permanently affixed to it a manufacturer's serial number	12088
shall be accompanied by the certificate of assignment of a hull	12089
identification number assigned by the chief as provided in section	12090
1548.07 of the Revised Code.	12091

(3) The clerk shall retain the evidence of title presented by	12092
the applicant and on which the certificate of title is issued,	12093
except that, if an application for a certificate of title is filed	12094
electronically, by a vendor on behalf of a purchaser of a	12095
watercraft or outboard motor, the clerk shall retain the completed	12096
electronic record to which the vendor converted the certificate of	12097
title application and other required documents. The chief, after	12098
consultation with the attorney general, shall adopt rules that	12099
govern the location at which, and the manner in which, are stored	12100
the actual application and all other documents relating to the	12101
sale of a watercraft or outboard motor when a vendor files the	12102
application for a certificate of title electronically on behalf of	12103
a purchaser.	12104

(B) The clerk shall use reasonable diligence in ascertaining	12105
whether the facts in the application are true by checking the	12106
application and documents accompanying it or the electronic record	12107
to which a vendor converted the application and accompanying	12108
documents with the records of watercraft and outboard motors in	12109
the clerk's office. If the clerk is satisfied that the applicant	12110
is the owner of the watercraft or outboard motor and that the	12111
application is in the proper form, the clerk shall issue a	12112
physical certificate of title over the clerk's signature and	12113
sealed with the clerk's seal unless the applicant specifically	12114
requests the clerk not to issue a physical certificate of title	12115
and instead to issue an electronic certificate of title. However,	12116
if the evidence indicates and an investigation shows that one or	12117
more Ohio titles already exist for the watercraft or outboard	12118
motor, the chief may cause the redundant title or titles to be	12119
canceled.	12120

(C) In the case of the sale of a watercraft or outboard motor	12121
by a vendor to a general purchaser or user, the certificate of	12122
title shall be obtained in the name of the purchaser by the vendor	12123
upon application signed by the purchaser. In all other cases, the	12124
certificate shall be obtained by the purchaser. In all cases of	12125
transfer of watercraft or outboard motors, the application for	12126
certificate of title shall be filed within thirty days after the	12127
later of the date of purchase or assignment of ownership of the	12128
watercraft or outboard motor. If the application for certificate	12129
of title is not filed within thirty days after the later of the	12130
date of purchase or assignment of ownership of the watercraft or	12131
outboard motor, the clerk shall charge a late penalty fee of five	12132
dollars in addition to the fee prescribed by section 1548.10 of	12133
the Revised Code. The clerk shall retain the entire amount of each	12134
late penalty fee.	12135

(D) The clerk shall refuse to accept an application for	12136
certificate of title unless the applicant either tenders with the	12137
application payment of all taxes levied by or pursuant to Chapter	12138
5739. or 5741. of the Revised Code based on the applicant's county	12139
of residence less, in the case of a sale by a vendor, any discount	12140
to which the vendor is entitled under section 5739.12 of the	12141
Revised Code, or submits any of the following:	12142

~~(A)~~(1) A receipt issued by the tax commissioner or a clerk of	12143
courts showing payment of the tax;	12144

~~(B)~~(2) A copy of the unit certificate of exemption completed	12145
by the purchaser at the time of sale as provided in section	12146
5739.03 of the Revised Code;	12147

~~(C)~~(3) An exemption certificate, in a form prescribed by the	12148
tax commissioner, that specifies why the purchase is not subject	12149
to the tax imposed by Chapter 5739. or 5741. of the Revised Code.	12150

Payment of the tax shall be in accordance with rules issued	12151
by the tax commissioner, and the clerk shall issue a receipt in	12152
the form prescribed by the tax commissioner to any applicant who	12153
tenders payment of the tax with the application for the	12154
certificate of title.	12155

(E)(1) For receiving and disbursing the taxes paid to the	12156
clerk by a resident of the clerk's county, the clerk may retain a	12157
poundage fee of one and one one-hundredth per cent of the taxes	12158
collected, which shall be paid into the certificate of title	12159
administration fund created by section 325.33 of the Revised Code.	12160
The clerk shall not retain a poundage fee from payments of taxes	12161
by persons who do not reside in the clerk's county.	12162

(2) A clerk, however, may retain from the taxes paid to the	12163
clerk an amount equal to the poundage fees associated with	12164
certificates of title issued by other clerks of courts of common	12165
pleas to applicants who reside in the first clerk's county. The	12166
chief of the division of watercraft, in consultation with the tax	12167
commissioner and the clerks of the courts of common pleas, shall	12168
develop a report from the automated title processing system that	12169
informs each clerk of the amount of the poundage fees that the	12170
clerk is permitted to retain from those taxes because of	12171
certificates of title issued by the clerks of other counties to	12172
applicants who reside in the first clerk's county.	12173

(F) In the case of casual sales of watercraft or outboard	12174
motors that are subject to the tax imposed by Chapter 5739. or	12175
5741. of the Revised Code, the purchase price for the purpose of	12176
determining the tax shall be the purchase price on an affidavit	12177
executed and filed with the clerk by the vendor on a form to be	12178
prescribed by the chief, which shall be prima-facie evidence of	12179
the price for the determination of the tax. In addition to the	12180
information required by section 1548.08 of the Revised Code, each	12181
certificate of title shall contain in bold lettering the following	12182
notification and statements: "WARNING TO TRANSFEROR AND TRANSFEREE	12183
(SELLER AND BUYER). You are required by law to state the true	12184
selling price. A false statement is a violation of section 2921.13	12185
of the Revised Code and is punishable by six months imprisonment	12186
or a fine of up to one thousand dollars, or both. All transfers	12187
are audited by the department of taxation. The seller and buyer	12188
must provide any information requested by the department of	12189
taxation. The buyer may be assessed any additional tax found to be	12190
due."	12191

~~The clerk shall forward all payments of taxes, less poundage~~	12192
~~fees, to the treasurer of state in a manner to be prescribed by~~	12193
~~the tax commissioner and shall furnish information to the~~	12194
~~commissioner as the commissioner may require.~~(G) Each county	12195
clerk of courts shall forward to the treasurer of state all sales	12196
and use tax collections resulting from sales of titled watercraft	12197
and outboard motors during a calendar week on or before the Friday	12198
following the close of that week. If, on any Friday, the offices	12199
of the clerk of courts or the state are not open for business, the	12200
tax shall be forwarded to the treasurer of state on or before the	12201
next day on which the offices are open. Every remittance of tax	12202
under this division shall be accompanied by a remittance report in	12203
such form as the tax commissioner prescribes. Upon receipt of a	12204
tax remittance and remittance report, the treasurer of state shall	12205
date stamp the report and forward it to the tax commissioner. If	12206
the tax due for any week is not remitted by a clerk of courts as	12207
required under this division, the clerk shall forfeit the poundage	12208
fees for the sales made during that week. The treasurer of state	12209
may require the clerks of courts to transmit tax collections and	12210
remittance reports electronically.	12211

(H) For purposes of a transfer of a certificate of title, if	12212
the clerk is satisfied that a secured party has discharged a lien	12213
but has not canceled the lien notation with a clerk, the clerk may	12214
cancel the lien notation on the automated title processing system	12215
and notify the clerk of the county of origin.	12216

(I) Every clerk shall have the capability to transact by	12217
electronic means all procedures and transactions relating to the	12218
issuance of watercraft or outboard motor certificates of title	12219
that are described in the Revised Code as being accomplished by	12220
electronic means.	12221

Sec. 1711.53. (A)(1) No person shall operate an amusement	12222
ride within the state without a permit issued by the director of	12223
agriculture under division (A)(2) of this section. The owner of an	12224
amusement ride, whether the ride is a temporary amusement ride or	12225
a permanent amusement ride, who desires to operate the amusement	12226
ride within the state shall, prior to the operation of the	12227
amusement ride and annually thereafter, submit to the department	12228
of agriculture an application for a permit, together with the	12229
appropriate permit and inspection fee, on a form to be furnished	12230
by the department. Prior to issuing any permit the department	12231
shall, within thirty days after the date on which it receives the	12232
application, inspect each amusement ride described in the	12233
application. The owner of an amusement ride shall have the	12234
amusement ride ready for inspection not later than two hours after	12235
the time that is requested by the person for the inspection.	12236

(2) For each amusement ride found to comply with the rules	12237
adopted by the director under division (B) of this section and	12238
division (B) of section 1711.551 of the Revised Code, the director	12239
shall issue an annual permit, provided that evidence of liability	12240
insurance coverage for the amusement ride as required by section	12241
1711.54 of the Revised Code is on file with the department.	12242

(3) The director shall issue with each permit a decal	12243
indicating that the amusement ride has been issued the permit. The	12244
owner of the amusement ride shall affix the decal on the ride at a	12245
location where the decal is easily visible to the patrons of the	12246
ride. A copy of the permit shall be kept on file at the same	12247
address as the location of the amusement ride identified on the	12248
permit, and shall be made available for inspection, upon	12249
reasonable demand, by any person. An owner may operate an	12250
amusement ride prior to obtaining a permit, provided that the	12251
operation is for the purpose of testing the amusement ride or	12252
training amusement ride operators and other employees of the owner	12253
and the amusement ride is not open to the public.	12254

(B) The director, in accordance with Chapter 119. of the	12255
Revised Code, shall adopt rules providing for a schedule of fines,	12256
with no fine exceeding five thousand dollars, for violations of	12257
sections 1711.50 to 1711.57 of the Revised Code or any rules	12258
adopted under this division and for the classification of	12259
amusement rides and rules for the safe operation and inspection of	12260
all amusement rides as are necessary for amusement ride safety and	12261
for the protection of the general public. Rules adopted by the	12262
director for the safe operation and inspection of amusement rides	12263
shall be reasonable and based upon generally accepted engineering	12264
standards and practices. In adopting rules under this section, the	12265
director may adopt by reference, in whole or in part, the national	12266
fire code or the national electrical code prepared by the national	12267
fire protection association, the standards of ASTM or the American	12268
national standards institute, or any other principles, tests, or	12269
standards of nationally recognized technical or scientific	12270
authorities. Insofar as is practicable and consistent with	12271
sections 1711.50 to 1711.57 of the Revised Code, rules adopted	12272
under this division shall be consistent with the rules of other	12273
states. The department shall cause sections 1711.50 to 1711.57 of	12274
the Revised Code and the rules adopted in accordance with this	12275
division and division (B) of section 1711.551 of the Revised Code	12276
to be published in pamphlet form and a copy to be furnished	12277
without charge to each owner of an amusement ride who holds a	12278
current permit or is an applicant therefor.	12279

(C) With respect to an application for a permit for an	12280
amusement ride, an owner may apply to the director for a waiver or	12281
modification of any rule adopted under division (B) of this	12282
section if there are practical difficulties or unnecessary	12283
hardships for the amusement ride to comply with the rules. Any	12284
application shall set forth the reasons for the request. The	12285
director, with the approval of the advisory council on amusement	12286
ride safety, may waive or modify the application of a rule to any	12287
amusement ride if the public safety is secure. Any authorization	12288
by the director under this division shall be in writing and shall	12289
set forth the conditions under which the waiver or modification is	12290
authorized, and the department shall retain separate records of	12291
all proceedings under this division.	12292

(D)(1) The director shall employ and provide for training of	12293
a chief inspector and additional inspectors and employees as may	12294
be necessary to administer and enforce sections 1711.50 to 1711.57	12295
of the Revised Code. The director may appoint or contract with	12296
other persons to perform inspections of amusement rides, provided	12297
that the persons meet the qualifications for inspectors	12298
established by rules adopted under division (B) of this section	12299
and are not owners, or employees of owners, of any amusement ride	12300
subject to inspection under sections 1711.50 to 1711.57 of the	12301
Revised Code. No person shall inspect an amusement ride who,	12302
within six months prior to the date of inspection, was an employee	12303
of the owner of the ride.	12304

(2) Before the director contracts with other persons to	12305
inspect amusement rides, the director shall seek the advice of the	12306
advisory council on amusement ride safety on whether to contract	12307
with those persons. The advice shall not be binding upon the	12308
director. After having received the advice of the council, the	12309
director may proceed to contract with inspectors in accordance	12310
with the procedures specified in division (E)(2) of section	12311
1711.11 of the Revised Code.	12312

(3) With the advice and consent of the advisory council on	12313
amusement ride safety, the director may employ a special	12314
consultant to conduct an independent investigation of an amusement	12315
ride accident. This consultant need not be in the civil service of	12316
the state, but shall have qualifications to conduct the	12317
investigation acceptable to the council.	12318

(E)(1) Except as otherwise provided in division (E)(1) of	12319
this section, the department shall charge the following amusement	12320
ride fees:	12321

Permit for residential amusement ride		$ 50	12322
Permit for commercial amusement ride		$ 150	12323
Annual inspection and reinspection per ride:			12324
	Kiddie rides	$ 100	12325
	Roller coaster	$ 950	12326
	Aerial lifts or bungee		12327
	jumping facilities	$ 450	12328
	Go karts	$ 5	12329
	Other rides	$ 160	12330
Midseason operational inspection per ride		$ 25	12331
Expedited inspection per ride		$ 100	12332
Failure to cancel scheduled inspection per ride		$ 100	12333
Failure to have amusement ride ready for			12334
inspection per ride		$100	12335

The go kart inspection fee is in addition to the inspection	12336
fee for the go kart track.	12337

The fees for an expedited inspection, failure to cancel a	12338
scheduled inspection, and failure to have an amusement ride ready	12339
for inspection do not apply to go karts.	12340

As used in division (E)(1) of this section, "expedited	12341
inspection" means an inspection of an amusement ride by the	12342
department not later than ten days after the owner of the	12343
amusement ride files an application for a permit under this	12344
section.	12345

(2) All fees and fines collected by the department under	12346
sections 1711.50 to 1711.57 of the Revised Code shall be deposited	12347
in the state treasury to the credit of the amusement ride	12348
inspection fund, which is hereby created, and shall be used only	12349
for the purpose of administering and enforcing sections 1711.11	12350
and 1711.50 to 1711.57 of the Revised Code.	12351

(3) The owner of an amusement ride shall be required to pay a	12352
reinspection fee only if the reinspection was conducted at the	12353
owner's request under division (F) of this section, if the	12354
reinspection is required by division (F) of this section because	12355
of an accident, or if the reinspection is required by division (F)	12356
of section 1711.55 of the Revised Code. If a reinspection is	12357
conducted at the request of the chief officer of a fair, festival,	12358
or event where the ride is operating, the reinspection fee shall	12359
be charged to the fair, festival, or event.	12360

(4) The rules adopted under division (B) of this section	12361
shall define "kiddie rides," "roller coaster," "aerial lifts," "go	12362
karts," and "other rides" for purposes of determining the fees	12363
under division (E) of this section. The rules shall define "other	12364
rides" to include go kart tracks.	12365

(F) A reinspection of an amusement ride shall take place if	12366
an accident occurs, if the owner of the ride or the chief officer	12367
of the fair, festival, or event where the ride is operating	12368
requests a reinspection, or if the reinspection is required by	12369
division (F) of section 1711.55 of the Revised Code.	12370

(G) As a supplement to its annual inspection of a temporary	12371
amusement ride, the department may inspect the ride during each	12372
scheduled event, as listed in the schedule of events provided to	12373
the department by the owner pursuant to division (C) of section	12374
1711.55 of the Revised Code, at which the ride is operated in this	12375
state. These supplemental inspections are in addition to any other	12376
inspection or reinspection of the ride as may be required under	12377
sections 1711.50 to 1711.57 of the Revised Code, and the owner of	12378
the temporary amusement ride is not required to pay an inspection	12379
or reinspection fee for this supplemental inspection. Nothing in	12380
this division shall be construed to prohibit the owner of a	12381
temporary amusement ride having a valid permit to operate in this	12382
state from operating the ride at a scheduled event before the	12383
department conducts a supplemental inspection.	12384

(H) The department may annually conduct a midseason	12385
operational inspection of every amusement ride upon which it	12386
conducts an annual inspection pursuant to division (A) of this	12387
section. The midseason operational inspection is in addition to	12388
any other inspection or reinspection of the amusement ride as may	12389
be required pursuant to sections 1711.50 to 1711.57 of the Revised	12390
Code. The owner of an amusement ride shall submit to the	12391
department, at the time determined by the department, the	12392
midseason operational inspection fee specified in division (E) of	12393
this section. The director, in accordance with Chapter 119. of the	12394
Revised Code, shall adopt rules specifying the time period during	12395
which the department will conduct midseason operational	12396
inspections.	12397

Sec. 1713.03. The Ohio board of regents shall establish	12398
standards for certificates of authorization to be issued to	12399
institutions as defined in section 1713.01 of the Revised Code, to	12400
private institutions exempt from regulation under Chapter 3332. of	12401
the Revised Code as prescribed in section 3333.046 of the Revised	12402
Code, and to schools holding certificates of registration issued	12403
by the state board of career colleges and schools pursuant to	12404
division (C) of section 3332.05 of the Revised Code. A certificate	12405
of authorization may permit an institution or school to award one	12406
or more types of degrees.	12407

The standards for a certificate of authorization may include,	12408
for various types of institutions, schools, or degrees, minimum	12409
qualifications for faculty, library, laboratories, and other	12410
facilities as adopted and published by the Ohio board of regents.	12411
The standards shall be adopted by the board pursuant to Chapter	12412
119. of the Revised Code.	12413

An institution or school shall apply to the board for a	12414
certificate of authorization on forms containing such information	12415
as is prescribed by the board. Each institution or school with a	12416
certificate of authorization shall file an annual report with the	12417
board in such form and containing such information as the board	12418
prescribes.	12419

The board shall adopt a rule under Chapter 119. of the	12420
Revised Code establishing fees to pay the cost of reviewing an	12421
application for a certificate of authorization, which the	12422
institution or school shall pay when it applies for a certificate	12423
of authorization, and establishing fees, which an institution or	12424
school shall pay, for any further reviews the board determines	12425
necessary upon examining an institution's or school's annual	12426
report.	12427

Sec. 1751.03. (A) Each application for a certificate of	12428
authority under this chapter shall be verified by an officer or	12429
authorized representative of the applicant, shall be in a format	12430
prescribed by the superintendent of insurance, and shall set forth	12431
or be accompanied by the following:	12432

(1) A certified copy of the applicant's articles of	12433
incorporation and all amendments to the articles of incorporation;	12434

(2) A copy of any regulations adopted for the government of	12435
the corporation, any bylaws, and any similar documents, and a copy	12436
of all amendments to these regulations, bylaws, and documents. The	12437
corporate secretary shall certify that these regulations, bylaws,	12438
documents, and amendments have been properly adopted or approved.	12439

(3) A list of the names, addresses, and official positions of	12440
the persons responsible for the conduct of the applicant,	12441
including all members of the board, the principal officers, and	12442
the person responsible for completing or filing financial	12443
statements with the department of insurance, accompanied by a	12444
completed original biographical affidavit and release of	12445
information for each of these persons on forms acceptable to the	12446
department;	12447

(4) A full and complete disclosure of the extent and nature	12448
of any contractual or other financial arrangement between the	12449
applicant and any provider or a person listed in division (A)(3)	12450
of this section, including, but not limited to, a full and	12451
complete disclosure of the financial interest held by any such	12452
provider or person in any health care facility, provider, or	12453
insurer that has entered into a financial relationship with the	12454
health insuring corporation;	12455

(5) A description of the applicant, its facilities, and its	12456
personnel, including, but not limited to, the location, hours of	12457
operation, and telephone numbers of all contracted facilities;	12458

(6) The applicant's projected annual enrollee population over	12459
a three-year period;	12460

(7) A clear and specific description of the health care plan	12461
or plans to be used by the applicant, including a description of	12462
the proposed providers, procedures for accessing care, and the	12463
form of all proposed and existing contracts relating to the	12464
administration, delivery, or financing of health care services;	12465

(8) A copy of each type of evidence of coverage and	12466
identification card or similar document to be issued to	12467
subscribers;	12468

(9) A copy of each type of individual or group policy,	12469
contract, or agreement to be used;	12470

(10) The schedule of the proposed contractual periodic	12471
prepayments or premium rates, or both, accompanied by appropriate	12472
supporting data;	12473

(11) A financial plan which provides a three-year projection	12474
of operating results, including the projected expenses, income,	12475
and sources of working capital;	12476

(12) The enrollee complaint procedure to be utilized as	12477
required under section 1751.19 of the Revised Code;	12478

(13) A description of the procedures and programs to be	12479
implemented on an ongoing basis to assure the quality of health	12480
care services delivered to enrollees, including, if applicable, a	12481
description of a quality assurance program complying with the	12482
requirements of sections 1751.73 to 1751.75 of the Revised Code;	12483

(14) A statement describing the geographic area or areas to	12484
be served, by county;	12485

(15) A copy of all solicitation documents;

12486

(16) A balance sheet and other financial statements showing	12487
the applicant's assets, liabilities, income, and other sources of	12488
financial support;	12489

(17) A description of the nature and extent of any	12490
reinsurance program to be implemented, and a demonstration that	12491
errors and omission insurance and, if appropriate, fidelity	12492
insurance, will be in place upon the applicant's receipt of a	12493
certificate of authority;	12494

(18) Copies of all proposed or in force related-party or	12495
intercompany agreements with an explanation of the financial	12496
impact of these agreements on the applicant. If the applicant	12497
intends to enter into a contract for managerial or administrative	12498
services, with either an affiliated or an unaffiliated person, the	12499
applicant shall provide a copy of the contract and a detailed	12500
description of the person to provide these services. The	12501
description shall include that person's experience in managing or	12502
administering health care plans, a copy of that person's most	12503
recent audited financial statement, and a completed biographical	12504
affidavit on a form acceptable to the superintendent for each of	12505
that person's principal officers and board members and for any	12506
additional employee to be directly involved in providing	12507
managerial or administrative services to the health insuring	12508
corporation. If the person to provide managerial or administrative	12509
services is affiliated with the health insuring corporation, the	12510
contract must provide for payment for services based on actual	12511
costs.	12512

(19) A statement from the applicant's board that the admitted	12513
assets of the applicant have not been and will not be pledged or	12514
hypothecated;	12515

(20) A statement from the applicant's board that the	12516
applicant will submit monthly financial statements during the	12517
first year of operations;	12518

(21) The name and address of the applicant's Ohio statutory	12519
agent for service of process, notice, or demand;	12520

(22) Copies of all documents the applicant filed with the	12521
secretary of state;	12522

(23) The location of those books and records of the applicant	12523
that must be maintained, which books and records shall be	12524
maintained in Ohio if the applicant is a domestic corporation, and	12525
which may be maintained either in the applicant's state of	12526
domicile or in Ohio if the applicant is a foreign corporation;	12527

(24) The applicant's federal identification number, corporate	12528
address, and mailing address;	12529

(25) An internal and external organizational chart;

12530

(26) A list of the assets representing the initial net worth	12531
of the applicant;	12532

(27) If the applicant has a parent company, the parent	12533
company's guaranty, on a form acceptable to the superintendent,	12534
that the applicant will maintain Ohio's minimum net worth. If no	12535
parent company exists, a statement regarding the availability of	12536
future funds if needed.	12537

(28) The names and addresses of the applicant's actuary and	12538
external auditors;	12539

(29) If the applicant is a foreign corporation, a copy of the	12540
most recent financial statements filed with the insurance	12541
regulatory agency in the applicant's state of domicile;	12542

(30) If the applicant is a foreign corporation, a statement	12543
from the insurance regulatory agency of the applicant's state of	12544
domicile stating that the regulatory agency has no objection to	12545
the applicant applying for an Ohio license and that the applicant	12546
is in good standing in the applicant's state of domicile;	12547

(31) Any other information that the superintendent may	12548
require;	12549

(32) Documentation acceptable to the superintendent of the	12550
bond or securities required by section 1751.271 of the Revised	12551
Code.	12552

(B)(1) A health insuring corporation, unless otherwise	12553
provided for in this chapter or in section 3901.321 of the Revised	12554
Code, shall file a timely notice with the superintendent	12555
describing any change to the corporation's articles of	12556
incorporation or regulations, or any major modification to its	12557
operations as set out in the information required by division (A)	12558
of this section that affects any of the following:	12559

(a) The solvency of the health insuring corporation;

12560

(b) The health insuring corporation's continued provision of	12561
services that it has contracted to provide;	12562

(c) The manner in which the health insuring corporation	12563
conducts its business.	12564

(2) If the change or modification is to be the result of an	12565
action to be taken by the health insuring corporation, the notice	12566
shall be filed with the superintendent prior to the health	12567
insuring corporation taking the action. The action shall be deemed	12568
approved if the superintendent does not disapprove it within sixty	12569
days of filing.	12570

(3) The filing of a notice pursuant to division (B)(1) or (2)	12571
of this section shall also serve as the submission of a notice	12572
when required for the superintendent's review for purposes of	12573
section 3901.341 of the Revised Code, if the notice contains all	12574
of the information that section 3901.341 of the Revised Code	12575
requires for such submissions and a copy of any written agreement.	12576
The filing of such a notice, for the purpose of satisfying this	12577
division and section 3901.341 of the Revised Code, shall be	12578
subject to the sixty-day review period of division (B)(2) of this	12579
section.	12580

(C)(1) No health insuring corporation shall expand its	12581
approved service area until a copy of the request for expansion,	12582
accompanied by documentation of the network of providers, forms of	12583
all proposed or existing provider contracts relating to the	12584
delivery of health care services, a schedule of proposed	12585
contractual periodic prepayments and premium rates for group	12586
contracts accompanied by appropriate supporting data, enrollment	12587
projections, plan of operation, and any other changes have been	12588
filed with the superintendent.	12589

(2) Within ten calendar days after receipt of a complete	12590
filing under division (C)(1) of this section, the superintendent	12591
shall refer the appropriate jurisdictional issues to the director	12592
of health pursuant to section 1751.04 of the Revised Code.	12593

(3) Within seventy-five days after the superintendent's	12594
receipt of a complete filing under division (C)(1) of this	12595
section, the superintendent shall determine whether the plan for	12596
expansion is lawful, fair, and reasonable. The superintendent may	12597
not make a determination until the superintendent has received the	12598
director's certification of compliance, which the director shall	12599
furnish within forty-five days after referral under division	12600
(C)(2) of this section. The director shall not certify that the	12601
requirements of section 1751.04 of the Revised Code are not met,	12602
unless the applicant has been given an opportunity for a hearing	12603
as provided in division (D) of section 1751.04 of the Revised	12604
Code. The forty-five-day and seventy-five-day review periods	12605
provided for in division (C)(3) of this section shall cease to run	12606
as of the date on which the notice of the applicant's right to	12607
request a hearing is mailed and shall remain suspended until the	12608
director issues a final certification.	12609

(4) If the superintendent has not approved or disapproved all	12610
or a portion of a service area expansion within the	12611
seventy-five-day period provided for in division (C)(3) of this	12612
section, the filing shall be deemed approved.	12613

(5) Disapproval of all or a portion of the filing shall be	12614
effected by written notice, which shall state the grounds for the	12615
order of disapproval and shall be given in accordance with Chapter	12616
119. of the Revised Code.	12617

Sec. 1751.271. (A) Each health insuring corporation that	12618
provides coverage to medicaid recipients shall post a performance	12619
bond in the amount of one million dollars as security to fulfill	12620
the obligations of the health insuring corporation to pay claims	12621
of contracted providers for covered health care services provided	12622
to medicaid recipients. The bond shall be payable to the	12623
department of insurance in the event that the health insuring	12624
corporation is placed in rehabilitation or liquidation proceedings	12625
under Chapter 3903. of the Revised Code, and shall become a	12626
special deposit subject to section 3903.14 or 3903.421 of the	12627
Revised Code, as applicable. In lieu of the performance bond, a	12628
medicaid health insuring corporation may deposit securities with	12629
the superintendent of insurance, acceptable to the superintendent,	12630
in the amount of one million dollars, to satisfy the bonding	12631
requirements of this section. Upon rehabilitation or liquidation,	12632
the securities shall become a special deposit subject to sections	12633
3903.14 and 3903.421 of the Revised Code, as applicable. The	12634
health insuring corporation shall receive the interest on the	12635
deposited securities as long as the health insuring corporation	12636
remains solvent.	12637

(B) The bond shall be issued by a surety company licensed	12638
with the department of insurance. The bond or deposit, or any	12639
replacement bond or deposit, shall be in a form acceptable to the	12640
superintendent, and shall remain in effect during the duration of	12641
the medicaid health insuring corporation's license and thereafter	12642
until all claims against the medicaid health insuring corporation	12643
have been paid in full.	12644

(C) Documentation of the bond acceptable to the	12645
superintendent of insurance shall be filed with the superintendent	12646
prior to the issuance of a certificate of authority. Annually,	12647
thirty days prior to the renewal of its certificate of authority,	12648
every medicaid health insuring corporation shall furnish the	12649
superintendent of insurance with evidence that the required bond	12650
is still in effect.	12651

(D) As used in this section:

12652

(1) "Contracted provider" means a provider that has a	12653
contract with a medicaid health insuring corporation to provide	12654
covered health care services to medicaid recipients.	12655

(2) "Medicaid health insuring corporation" means a health	12656
insuring corporation that provides health insurance coverage or	12657
otherwise assumes claims liabilities for medicaid recipients.	12658

(3) "Medicaid recipient" means a person eligible for	12659
assistance under the medicaid program operated pursuant to Chapter	12660
5111. of the Revised Code.	12661

Sec. 1901.26. (A) Subject to division (E) of this section,	12662
costs in a municipal court shall be fixed and taxed as follows:	12663

(1) The municipal court shall require an advance deposit for	12664
the filing of any new civil action or proceeding when required by	12665
division (A)(9) of this section, and in all other cases, by rule,	12666
shall establish a schedule of fees and costs to be taxed in any	12667
civil or criminal action or proceeding.	12668

(2) The municipal court, by rule, may require an advance	12669
deposit for the filing of any civil action or proceeding and	12670
publication fees as provided in section 2701.09 of the Revised	12671
Code. The court may waive the requirement for advance deposit upon	12672
affidavit or other evidence that a party is unable to make the	12673
required deposit.	12674

(3) When a jury trial is demanded in any civil action or	12675
proceeding, the party making the demand may be required to make an	12676
advance deposit as fixed by rule of court, unless, upon affidavit	12677
or other evidence, the court concludes that the party is unable to	12678
make the required deposit. If a jury is called, the fees of a jury	12679
shall be taxed as costs.	12680

(4) In any civil or criminal action or proceeding, witnesses'	12681
fees shall be fixed in accordance with sections 2335.06 and	12682
2335.08 of the Revised Code.	12683

(5) A reasonable charge for driving, towing, carting,	12684
storing, keeping, and preserving motor vehicles and other personal	12685
property recovered or seized in any proceeding may be taxed as	12686
part of the costs in a trial of the cause, in an amount that shall	12687
be fixed by rule of court.	12688

(6) Chattel property seized under any writ or process issued	12689
by the court shall be preserved pending final disposition for the	12690
benefit of all persons interested and may be placed in storage	12691
when necessary or proper for that preservation. The custodian of	12692
any chattel property so stored shall not be required to part with	12693
the possession of the property until a reasonable charge, to be	12694
fixed by the court, is paid.	12695

(7) The municipal court, as it determines, may refund all	12696
deposits and advance payments of fees and costs, including those	12697
for jurors and summoning jurors, when they have been paid by the	12698
losing party.	12699

(8) Charges for the publication of legal notices required by	12700
statute or order of court may be taxed as part of the costs, as	12701
provided by section 7.13 of the Revised Code.	12702

(B)(1) The municipal court may determine that, for the	12703
efficient operation of the court, additional funds are necessary	12704
to acquire and pay for special projects of the court including,	12705
but not limited to, the acquisition of additional facilities or	12706
the rehabilitation of existing facilities, the acquisition of	12707
equipment, the hiring and training of staff, community service	12708
programs, mediation or dispute resolution services, the employment	12709
of magistrates, the training and education of judges, acting	12710
judges, and magistrates, and other related services. Upon that	12711
determination, the court by rule may charge a fee, in addition to	12712
all other court costs, on the filing of each criminal cause, civil	12713
action or proceeding, or judgment by confession.	12714

If the municipal court offers a special program or service in	12715
cases of a specific type, the municipal court by rule may assess	12716
an additional charge in a case of that type, over and above court	12717
costs, to cover the special program or service. The municipal	12718
court shall adjust the special assessment periodically, but not	12719
retroactively, so that the amount assessed in those cases does not	12720
exceed the actual cost of providing the service or program.	12721

All moneys collected under division (B) of this section shall	12722
be paid to the county treasurer if the court is a county-operated	12723
municipal court or to the city treasurer if the court is not a	12724
county-operated municipal court for deposit into either a general	12725
special projects fund or a fund established for a specific special	12726
project. Moneys from a fund of that nature shall be disbursed upon	12727
an order of the court in an amount no greater than the actual cost	12728
to the court of a project. If a specific fund is terminated	12729
because of the discontinuance of a program or service established	12730
under division (B) of this section, the municipal court may order	12731
that moneys remaining in the fund be transferred to an account	12732
established under this division for a similar purpose.	12733

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

12734

(a) "Criminal cause" means a charge alleging the violation of	12735
a statute or ordinance, or subsection of a statute or ordinance,	12736
that requires a separate finding of fact or a separate plea before	12737
disposition and of which the defendant may be found guilty,	12738
whether filed as part of a multiple charge on a single summons,	12739
citation, or complaint or as a separate charge on a single	12740
summons, citation, or complaint. "Criminal cause" does not include	12741
separate violations of the same statute or ordinance, or	12742
subsection of the same statute or ordinance, unless each charge is	12743
filed on a separate summons, citation, or complaint.	12744

(b) "Civil action or proceeding" means any civil litigation	12745
that must be determined by judgment entry.	12746

(C) The municipal court shall collect in all its divisions	12747
except the small claims division the sum of ~~fifteen~~twenty-five	12748
dollars as additional filing fees in each new civil action or	12749
proceeding for the charitable public purpose of providing	12750
financial assistance to legal aid societies that operate within	12751
the state. The municipal court shall collect in its small claims	12752
division the sum of ~~seven~~ten dollars as additional filing fees in	12753
each new civil action or proceeding for the charitable public	12754
purpose of providing financial assistance to legal aid societies	12755
that operate within the state. This division does not apply to any	12756
execution on a judgment, proceeding in aid of execution, or other	12757
post-judgment proceeding arising out of a civil action. The filing	12758
fees required to be collected under this division shall be in	12759
addition to any other court costs imposed in the action or	12760
proceeding and shall be collected at the time of the filing of the	12761
action or proceeding. The court shall not waive the payment of the	12762
additional filing fees in a new civil action or proceeding unless	12763
the court waives the advanced payment of all filing fees in the	12764
action or proceeding. All such moneys collected during a month	12765
shall be transmitted on or before the ~~first business~~twentieth day	12766
of ~~each~~the following month by the clerk of the court to the	12767
treasurer of state in a manner prescribed by the treasurer of	12768
state or by the Ohio legal assistance foundation. The moneys then	12769
shall be deposited by the treasurer of state to the credit of the	12770
legal aid fund established under section 120.52 of the Revised	12771
Code.	12772

The court may retain up to one per cent of the moneys it	12773
collects under this division to cover administrative costs,	12774
including the hiring of any additional personnel necessary to	12775
implement this division.	12776

(D) In the Cleveland municipal court, reasonable charges for	12777
investigating titles of real estate to be sold or disposed of	12778
under any writ or process of the court may be taxed as part of the	12779
costs.	12780

(E) Under the circumstances described in sections 2969.21 to	12781
2969.27 of the Revised Code, the clerk of the municipal court	12782
shall charge the fees and perform the other duties specified in	12783
those sections.	12784

Sec. 1901.31. The clerk and deputy clerks of a municipal	12785
court shall be selected, be compensated, give bond, and have	12786
powers and duties as follows:	12787

(A) There shall be a clerk of the court who is appointed or	12788
elected as follows:	12789

(1)(a) Except in the Akron, Barberton, Cuyahoga Falls,	12790
~~Medina,~~ Toledo, Hamilton county, Portage county, and Wayne county	12791
municipal courts, if the population of the territory equals or	12792
exceeds one hundred thousand at the regular municipal election	12793
immediately preceding the expiration of the term of the present	12794
clerk, the clerk shall be nominated and elected by the qualified	12795
electors of the territory in the manner that is provided for the	12796
nomination and election of judges in section 1901.07 of the	12797
Revised Code.	12798

The clerk so elected shall hold office for a term of six	12799
years, which term shall commence on the first day of January	12800
following the clerk's election and continue until the clerk's	12801
successor is elected and qualified.	12802

(b) In the Hamilton county municipal court, the clerk of	12803
courts of Hamilton county shall be the clerk of the municipal	12804
court and may appoint an assistant clerk who shall receive the	12805
compensation, payable out of the treasury of Hamilton county in	12806
semimonthly installments, that the board of county commissioners	12807
prescribes. The clerk of courts of Hamilton county, acting as the	12808
clerk of the Hamilton county municipal court and assuming the	12809
duties of that office, shall receive compensation at one-fourth	12810
the rate that is prescribed for the clerks of courts of common	12811
pleas as determined in accordance with the population of the	12812
county and the rates set forth in sections 325.08 and 325.18 of	12813
the Revised Code. This compensation shall be paid from the county	12814
treasury in semimonthly installments and is in addition to the	12815
annual compensation that is received for the performance of the	12816
duties of the clerk of courts of Hamilton county, as provided in	12817
sections 325.08 and 325.18 of the Revised Code.	12818

(c) In the Portage county and Wayne county municipal courts,	12819
the clerks of courts of Portage county and Wayne county shall be	12820
the clerks, respectively, of the Portage county and Wayne county	12821
municipal courts and may appoint a chief deputy clerk for each	12822
branch that is established pursuant to section 1901.311 of the	12823
Revised Code and assistant clerks as the judges of the municipal	12824
court determine are necessary, all of whom shall receive the	12825
compensation that the legislative authority prescribes. The clerks	12826
of courts of Portage county and Wayne county, acting as the clerks	12827
of the Portage county and Wayne county municipal courts and	12828
assuming the duties of these offices, shall receive compensation	12829
payable from the county treasury in semimonthly installments at	12830
one-fourth the rate that is prescribed for the clerks of courts of	12831
common pleas as determined in accordance with the population of	12832
the county and the rates set forth in sections 325.08 and 325.18	12833
of the Revised Code.	12834

(d) Except as otherwise provided in division (A)(1)(d) of	12835
this section, in the Akron municipal court, candidates for	12836
election to the office of clerk of the court shall be nominated by	12837
primary election. The primary election shall be held on the day	12838
specified in the charter of the city of Akron for the nomination	12839
of municipal officers. Notwithstanding section 3513.257 of the	12840
Revised Code, the nominating petitions of independent candidates	12841
shall be signed by at least two hundred fifty qualified electors	12842
of the territory of the court.	12843

The candidates shall file a declaration of candidacy and	12844
petition, or a nominating petition, whichever is applicable, not	12845
later than four p.m. of the seventy-fifth day before the day of	12846
the primary election, in the form prescribed by section 3513.07 or	12847
3513.261 of the Revised Code. The declaration of candidacy and	12848
petition, or the nominating petition, shall conform to the	12849
applicable requirements of section 3513.05 or 3513.257 of the	12850
Revised Code.	12851

If no valid declaration of candidacy and petition is filed by	12852
any person for nomination as a candidate of a particular political	12853
party for election to the office of clerk of the Akron municipal	12854
court, a primary election shall not be held for the purpose of	12855
nominating a candidate of that party for election to that office.	12856
If only one person files a valid declaration of candidacy and	12857
petition for nomination as a candidate of a particular political	12858
party for election to that office, a primary election shall not be	12859
held for the purpose of nominating a candidate of that party for	12860
election to that office, and the candidate shall be issued a	12861
certificate of nomination in the manner set forth in section	12862
3513.02 of the Revised Code.	12863

Declarations of candidacy and petitions, nominating	12864
petitions, and certificates of nomination for the office of clerk	12865
of the Akron municipal court shall contain a designation of the	12866
term for which the candidate seeks election. At the following	12867
regular municipal election, all candidates for the office shall be	12868
submitted to the qualified electors of the territory of the court	12869
in the manner that is provided in section 1901.07 of the Revised	12870
Code for the election of the judges of the court. The clerk so	12871
elected shall hold office for a term of six years, which term	12872
shall commence on the first day of January following the clerk's	12873
election and continue until the clerk's successor is elected and	12874
qualified.	12875

(e) ~~Irrespective of the population of the territory of the~~	12876
~~Medina municipal court, the clerk of that court shall be appointed~~	12877
~~pursuant to division (A)(2)(a) of this section by the judges of~~	12878
~~that court, shall hold office until the clerk's successor is~~	12879
~~similarly appointed and qualified, and shall receive pursuant to~~	12880
~~division (C) of this section the annual compensation that the~~	12881
~~legislative authority prescribes and that is payable in~~	12882
~~semimonthly installments from the same sources and in the same~~	12883
~~manner as provided in section 1901.11 of the Revised Code.~~	12884

~~(f)~~ Except as otherwise provided in division (A)(1)~~(f)~~(e) of	12885
this section, in the Barberton municipal court, candidates for	12886
election to the office of clerk of the court shall be nominated by	12887
primary election. The primary election shall be held on the day	12888
specified in the charter of the city of Barberton for the	12889
nomination of municipal officers. Notwithstanding section 3513.257	12890
of the Revised Code, the nominating petitions of independent	12891
candidates shall be signed by at least two hundred fifty qualified	12892
electors of the territory of the court.	12893

The candidates shall file a declaration of candidacy and	12894
petition, or a nominating petition, whichever is applicable, not	12895
later than four p.m. of the seventy-fifth day before the day of	12896
the primary election, in the form prescribed by section 3513.07 or	12897
3513.261 of the Revised Code. The declaration of candidacy and	12898
petition, or the nominating petition, shall conform to the	12899
applicable requirements of section 3513.05 or 3513.257 of the	12900
Revised Code.	12901

If no valid declaration of candidacy and petition is filed by	12902
any person for nomination as a candidate of a particular political	12903
party for election to the office of clerk of the Barberton	12904
municipal court, a primary election shall not be held for the	12905
purpose of nominating a candidate of that party for election to	12906
that office. If only one person files a valid declaration of	12907
candidacy and petition for nomination as a candidate of a	12908
particular political party for election to that office, a primary	12909
election shall not be held for the purpose of nominating a	12910
candidate of that party for election to that office, and the	12911
candidate shall be issued a certificate of nomination in the	12912
manner set forth in section 3513.02 of the Revised Code.	12913

Declarations of candidacy and petitions, nominating	12914
petitions, and certificates of nomination for the office of clerk	12915
of the Barberton municipal court shall contain a designation of	12916
the term for which the candidate seeks election. At the following	12917
regular municipal election, all candidates for the office shall be	12918
submitted to the qualified electors of the territory of the court	12919
in the manner that is provided in section 1901.07 of the Revised	12920
Code for the election of the judges of the court. The clerk so	12921
elected shall hold office for a term of six years, which term	12922
shall commence on the first day of January following the clerk's	12923
election and continue until the clerk's successor is elected and	12924
qualified.	12925

~~(g)~~(f) Except as otherwise provided in division (A)(1)~~(g)~~(f)	12926
of this section, in the Cuyahoga Falls municipal court, candidates	12927
for election to the office of clerk of the court shall be	12928
nominated by primary election. The primary election shall be held	12929
on the day specified in the charter of the city of Cuyahoga Falls	12930
for the nomination of municipal officers. Notwithstanding section	12931
3513.257 of the Revised Code, the nominating petitions of	12932
independent candidates shall be signed by at least two hundred	12933
fifty qualified electors of the territory of the court.	12934

The candidates shall file a declaration of candidacy and	12935
petition, or a nominating petition, whichever is applicable, not	12936
later than four p.m. of the seventy-fifth day before the day of	12937
the primary election, in the form prescribed by section 3513.07 or	12938
3513.261 of the Revised Code. The declaration of candidacy and	12939
petition, or the nominating petition, shall conform to the	12940
applicable requirements of section 3513.05 or 3513.257 of the	12941
Revised Code.	12942

If no valid declaration of candidacy and petition is filed by	12943
any person for nomination as a candidate of a particular political	12944
party for election to the office of clerk of the Cuyahoga Falls	12945
municipal court, a primary election shall not be held for the	12946
purpose of nominating a candidate of that party for election to	12947
that office. If only one person files a valid declaration of	12948
candidacy and petition for nomination as a candidate of a	12949
particular political party for election to that office, a primary	12950
election shall not be held for the purpose of nominating a	12951
candidate of that party for election to that office, and the	12952
candidate shall be issued a certificate of nomination in the	12953
manner set forth in section 3513.02 of the Revised Code.	12954

Declarations of candidacy and petitions, nominating	12955
petitions, and certificates of nomination for the office of clerk	12956
of the Cuyahoga Falls municipal court shall contain a designation	12957
of the term for which the candidate seeks election. At the	12958
following regular municipal election, all candidates for the	12959
office shall be submitted to the qualified electors of the	12960
territory of the court in the manner that is provided in section	12961
1901.07 of the Revised Code for the election of the judges of the	12962
court. The clerk so elected shall hold office for a term of six	12963
years, which term shall commence on the first day of January	12964
following the clerk's election and continue until the clerk's	12965
successor is elected and qualified.	12966

~~(h)~~(g) Except as otherwise provided in division (A)(1)~~(h)~~(g)	12967
of this section, in the Toledo municipal court, candidates for	12968
election to the office of clerk of the court shall be nominated by	12969
primary election. The primary election shall be held on the day	12970
specified in the charter of the city of Toledo for the nomination	12971
of municipal officers. Notwithstanding section 3513.257 of the	12972
Revised Code, the nominating petitions of independent candidates	12973
shall be signed by at least two hundred fifty qualified electors	12974
of the territory of the court.	12975

The candidates shall file a declaration of candidacy and	12976
petition, or a nominating petition, whichever is applicable, not	12977
later than four p.m. of the seventy-fifth day before the day of	12978
the primary election, in the form prescribed by section 3513.07 or	12979
3513.261 of the Revised Code. The declaration of candidacy and	12980
petition, or the nominating petition, shall conform to the	12981
applicable requirements of section 3513.05 or 3513.257 of the	12982
Revised Code.	12983

If no valid declaration of candidacy and petition is filed by	12984
any person for nomination as a candidate of a particular political	12985
party for election to the office of clerk of the Toledo municipal	12986
court, a primary election shall not be held for the purpose of	12987
nominating a candidate of that party for election to that office.	12988
If only one person files a valid declaration of candidacy and	12989
petition for nomination as a candidate of a particular political	12990
party for election to that office, a primary election shall not be	12991
held for the purpose of nominating a candidate of that party for	12992
election to that office, and the candidate shall be issued a	12993
certificate of nomination in the manner set forth in section	12994
3513.02 of the Revised Code.	12995

Declarations of candidacy and petitions, nominating	12996
petitions, and certificates of nomination for the office of clerk	12997
of the Toledo municipal court shall contain a designation of the	12998
term for which the candidate seeks election. At the following	12999
regular municipal election, all candidates for the office shall be	13000
submitted to the qualified electors of the territory of the court	13001
in the manner that is provided in section 1901.07 of the Revised	13002
Code for the election of the judges of the court. The clerk so	13003
elected shall hold office for a term of six years, which term	13004
shall commence on the first day of January following the clerk's	13005
election and continue until the clerk's successor is elected and	13006
qualified.	13007

(2)(a) Except for the Alliance, Auglaize county, Brown	13008
county, Columbiana county, Lorain, Massillon, and Youngstown	13009
municipal courts, in a municipal court for which the population of	13010
the territory is less than one hundred thousand ~~and in the Medina~~	13011
~~municipal court~~, the clerk shall be appointed by the court, and	13012
the clerk shall hold office until the clerk's successor is	13013
appointed and qualified.	13014

(b) In the Alliance, Lorain, Massillon, and Youngstown	13015
municipal courts, the clerk shall be elected for a term of office	13016
as described in division (A)(1)(a) of this section.	13017

(c) In the Auglaize county and Brown county municipal courts,	13018
the clerks of courts of Auglaize county and Brown county shall be	13019
the clerks, respectively, of the Auglaize county and Brown county	13020
municipal courts and may appoint a chief deputy clerk for each	13021
branch that is established pursuant to section 1901.311 of the	13022
Revised Code, and assistant clerks as the judge of the court	13023
determines are necessary, all of whom shall receive the	13024
compensation that the legislative authority prescribes. The clerks	13025
of courts of Auglaize county and Brown county, acting as the	13026
clerks of the Auglaize county and Brown county municipal courts	13027
and assuming the duties of these offices, shall receive	13028
compensation payable from the county treasury in semimonthly	13029
installments at one-fourth the rate that is prescribed for the	13030
clerks of courts of common pleas as determined in accordance with	13031
the population of the county and the rates set forth in sections	13032
325.08 and 325.18 of the Revised Code.	13033

(d) In the Columbiana county municipal court, the clerk of	13034
courts of Columbiana county shall be the clerk of the municipal	13035
court, may appoint a chief deputy clerk for each branch office	13036
that is established pursuant to section 1901.311 of the Revised	13037
Code, and may appoint any assistant clerks that the judges of the	13038
court determine are necessary. All of the chief deputy clerks and	13039
assistant clerks shall receive the compensation that the	13040
legislative authority prescribes. The clerk of courts of	13041
Columbiana county, acting as the clerk of the Columbiana county	13042
municipal court and assuming the duties of that office, shall	13043
receive compensation payable from the county treasury in	13044
semimonthly installments at one-fourth the rate that is prescribed	13045
for the clerks of courts of common pleas as determined in	13046
accordance with the population of the county and the rates set	13047
forth in sections 325.08 and 325.18 of the Revised Code.	13048

(3) During the temporary absence of the clerk due to illness,	13049
vacation, or other proper cause, the court may appoint a temporary	13050
clerk, who shall be paid the same compensation, have the same	13051
authority, and perform the same duties as the clerk.	13052

(B) Except in the Hamilton county, ~~Medina,~~ Portage county,	13053
and Wayne county municipal courts, if a vacancy occurs in the	13054
office of the clerk of the Alliance, Lorain, Massillon, or	13055
Youngstown municipal court or occurs in the office of the clerk of	13056
a municipal court for which the population of the territory equals	13057
or exceeds one hundred thousand because the clerk ceases to hold	13058
the office before the end of the clerk's term or because a	13059
clerk-elect fails to take office, the vacancy shall be filled,	13060
until a successor is elected and qualified, by a person chosen by	13061
the residents of the territory of the court who are members of the	13062
county central committee of the political party by which the last	13063
occupant of that office or the clerk-elect was nominated. Not less	13064
than five nor more than fifteen days after a vacancy occurs, those	13065
members of that county central committee shall meet to make an	13066
appointment to fill the vacancy. At least four days before the	13067
date of the meeting, the chairperson or a secretary of the county	13068
central committee shall notify each such member of that county	13069
central committee by first class mail of the date, time, and place	13070
of the meeting and its purpose. A majority of all such members of	13071
that county central committee constitutes a quorum, and a majority	13072
of the quorum is required to make the appointment. If the office	13073
so vacated was occupied or was to be occupied by a person not	13074
nominated at a primary election, or if the appointment was not	13075
made by the committee members in accordance with this division,	13076
the court shall make an appointment to fill the vacancy. A	13077
successor shall be elected to fill the office for the unexpired	13078
term at the first municipal election that is held more than one	13079
hundred twenty days after the vacancy occurred.	13080

(C)(1) In a municipal court, other than the Auglaize county,	13081
the Brown county, the Columbiana county, and the Lorain municipal	13082
courts, for which the population of the territory is less than one	13083
hundred thousand ~~and in the Medina municipal court~~, the clerk of	13084
the municipal court shall receive the annual compensation that the	13085
presiding judge of the court prescribes, if the revenue of the	13086
court for the preceding calendar year, as certified by the auditor	13087
or chief fiscal officer of the municipal corporation in which the	13088
court is located or, in the case of a county-operated municipal	13089
court, the county auditor, is equal to or greater than the	13090
expenditures, including any debt charges, for the operation of the	13091
court payable under this chapter from the city treasury or, in the	13092
case of a county-operated municipal court, the county treasury for	13093
that calendar year, as also certified by the auditor or chief	13094
fiscal officer. If the revenue of a municipal court, other than	13095
the Auglaize county, the Brown county, the Columbiana county, and	13096
the Lorain municipal courts, for which the population of the	13097
territory is less than one hundred thousand ~~or the revenue of the~~	13098
~~Medina municipal court~~ for the preceding calendar year as so	13099
certified is not equal to or greater than those expenditures for	13100
the operation of the court for that calendar year as so certified,	13101
the clerk of a municipal court shall receive the annual	13102
compensation that the legislative authority prescribes. As used in	13103
this division, "revenue" means the total of all costs and fees	13104
that are collected and paid to the city treasury or, in a	13105
county-operated municipal court, the county treasury by the clerk	13106
of the municipal court under division (F) of this section and all	13107
interest received and paid to the city treasury or, in a	13108
county-operated municipal court, the county treasury in relation	13109
to the costs and fees under division (G) of this section.	13110

(2) In a municipal court, other than the Hamilton county,	13111
~~Medina,~~ Portage county, and Wayne county municipal courts, for	13112
which the population of the territory is one hundred thousand or	13113
more, and in the Lorain municipal court, the clerk of the	13114
municipal court shall receive annual compensation in a sum equal	13115
to eighty-five per cent of the salary of a judge of the court.	13116

(3) The compensation of a clerk described in division (C)(1)	13117
or (2) of this section is payable in semimonthly installments from	13118
the same sources and in the same manner as provided in section	13119
1901.11 of the Revised Code.	13120

(D) Before entering upon the duties of the clerk's office,	13121
the clerk of a municipal court shall give bond of not less than	13122
six thousand dollars to be determined by the judges of the court,	13123
conditioned upon the faithful performance of the clerk's duties.	13124

(E) The clerk of a municipal court may do all of the	13125
following: administer oaths, take affidavits, and issue executions	13126
upon any judgment rendered in the court, including a judgment for	13127
unpaid costs; issue, sign, and attach the seal of the court to all	13128
writs, process, subpoenas, and papers issuing out of the court;	13129
and approve all bonds, sureties, recognizances, and undertakings	13130
fixed by any judge of the court or by law. The clerk may refuse to	13131
accept for filing any pleading or paper submitted for filing by a	13132
person who has been found to be a vexatious litigator under	13133
section 2323.52 of the Revised Code and who has failed to obtain	13134
leave to proceed under that section. The clerk shall do all of the	13135
following: file and safely keep all journals, records, books, and	13136
papers belonging or appertaining to the court; record the	13137
proceedings of the court; perform all other duties that the judges	13138
of the court may prescribe; and keep a book showing all receipts	13139
and disbursements, which book shall be open for public inspection	13140
at all times.	13141

The clerk shall prepare and maintain a general index, a	13142
docket, and other records that the court, by rule, requires, all	13143
of which shall be the public records of the court. In the docket,	13144
the clerk shall enter, at the time of the commencement of an	13145
action, the names of the parties in full, the names of the	13146
counsel, and the nature of the proceedings. Under proper dates,	13147
the clerk shall note the filing of the complaint, issuing of	13148
summons or other process, returns, and any subsequent pleadings.	13149
The clerk also shall enter all reports, verdicts, orders,	13150
judgments, and proceedings of the court, clearly specifying the	13151
relief granted or orders made in each action. The court may order	13152
an extended record of any of the above to be made and entered,	13153
under the proper action heading, upon the docket at the request of	13154
any party to the case, the expense of which record may be taxed as	13155
costs in the case or may be required to be prepaid by the party	13156
demanding the record, upon order of the court.	13157

(F) The clerk of a municipal court shall receive, collect,	13158
and issue receipts for all costs, fees, fines, bail, and other	13159
moneys payable to the office or to any officer of the court. The	13160
clerk shall each month disburse to the proper persons or officers,	13161
and take receipts for, all costs, fees, fines, bail, and other	13162
moneys that the clerk collects. Subject to sections 3375.50 and	13163
4511.193 of the Revised Code and to any other section of the	13164
Revised Code that requires a specific manner of disbursement of	13165
any moneys received by a municipal court and except for the	13166
Hamilton county, Lawrence county, and Ottawa county municipal	13167
courts, the clerk shall pay all fines received for violation of	13168
municipal ordinances into the treasury of the municipal	13169
corporation the ordinance of which was violated and shall pay all	13170
fines received for violation of township resolutions adopted	13171
pursuant to Chapter 504. of the Revised Code into the treasury of	13172
the township the resolution of which was violated. Subject to	13173
sections 1901.024 and 4511.193 of the Revised Code, in the	13174
Hamilton county, Lawrence county, and Ottawa county municipal	13175
courts, the clerk shall pay fifty per cent of the fines received	13176
for violation of municipal ordinances and fifty per cent of the	13177
fines received for violation of township resolutions adopted	13178
pursuant to Chapter 504. of the Revised Code into the treasury of	13179
the county. Subject to sections 3375.50, 3375.53, 4511.19, and	13180
5503.04 of the Revised Code and to any other section of the	13181
Revised Code that requires a specific manner of disbursement of	13182
any moneys received by a municipal court, the clerk shall pay all	13183
fines collected for the violation of state laws into the county	13184
treasury. Except in a county-operated municipal court, the clerk	13185
shall pay all costs and fees the disbursement of which is not	13186
otherwise provided for in the Revised Code into the city treasury.	13187
The clerk of a county-operated municipal court shall pay the costs	13188
and fees the disbursement of which is not otherwise provided for	13189
in the Revised Code into the county treasury. Moneys deposited as	13190
security for costs shall be retained pending the litigation. The	13191
clerk shall keep a separate account of all receipts and	13192
disbursements in civil and criminal cases, which shall be a	13193
permanent public record of the office. On the expiration of the	13194
term of the clerk, the clerk shall deliver the records to the	13195
clerk's successor. The clerk shall have other powers and duties as	13196
are prescribed by rule or order of the court.	13197

(G) All moneys paid into a municipal court shall be noted on	13198
the record of the case in which they are paid and shall be	13199
deposited in a state or national bank, or a domestic savings and	13200
loan association, as defined in section 1151.01 of the Revised	13201
Code, that is selected by the clerk. Any interest received upon	13202
the deposits shall be paid into the city treasury, except that, in	13203
a county-operated municipal court, the interest shall be paid into	13204
the treasury of the county in which the court is located.	13205

On the first Monday in January of each year, the clerk shall	13206
make a list of the titles of all cases in the court that were	13207
finally determined more than one year past in which there remains	13208
unclaimed in the possession of the clerk any funds, or any part of	13209
a deposit for security of costs not consumed by the costs in the	13210
case. The clerk shall give notice of the moneys to the parties who	13211
are entitled to the moneys or to their attorneys of record. All	13212
the moneys remaining unclaimed on the first day of April of each	13213
year shall be paid by the clerk to the city treasurer, except	13214
that, in a county-operated municipal court, the moneys shall be	13215
paid to the treasurer of the county in which the court is located.	13216
The treasurer shall pay any part of the moneys at any time to the	13217
person who has the right to the moneys upon proper certification	13218
of the clerk.	13219

(H) Deputy clerks may be appointed by the clerk and shall	13220
receive the compensation, payable in semimonthly installments out	13221
of the city treasury, that the clerk may prescribe, except that	13222
the compensation of any deputy clerk of a county-operated	13223
municipal court shall be paid out of the treasury of the county in	13224
which the court is located. Each deputy clerk shall take an oath	13225
of office before entering upon the duties of the deputy clerk's	13226
office and, when so qualified, may perform the duties appertaining	13227
to the office of the clerk. The clerk may require any of the	13228
deputy clerks to give bond of not less than three thousand	13229
dollars, conditioned for the faithful performance of the deputy	13230
clerk's duties.	13231

(I) For the purposes of this section, whenever the population	13232
of the territory of a municipal court falls below one hundred	13233
thousand but not below ninety thousand, and the population of the	13234
territory prior to the most recent regular federal census exceeded	13235
one hundred thousand, the legislative authority of the municipal	13236
corporation may declare, by resolution, that the territory shall	13237
be considered to have a population of at least one hundred	13238
thousand.	13239

(J) The clerk or a deputy clerk shall be in attendance at all	13240
sessions of the municipal court, although not necessarily in the	13241
courtroom, and may administer oaths to witnesses and jurors and	13242
receive verdicts.	13243

Sec. 1907.24. (A) Subject to division (C) of this section, a	13244
county court shall fix and tax fees and costs as follows:	13245

(1) The county court shall require an advance deposit for the	13246
filing of any new civil action or proceeding when required by	13247
division (C) of this section and, in all other cases, shall	13248
establish a schedule of fees and costs to be taxed in any civil or	13249
criminal action or proceeding.	13250

(2) The county court by rule may require an advance deposit	13251
for the filing of a civil action or proceeding and publication	13252
fees as provided in section 2701.09 of the Revised Code. The court	13253
may waive an advance deposit requirement upon the presentation of	13254
an affidavit or other evidence that establishes that a party is	13255
unable to make the requisite deposit.	13256

(3) When a party demands a jury trial in a civil action or	13257
proceeding, the county court may require the party to make an	13258
advance deposit as fixed by rule of court, unless the court	13259
concludes, on the basis of an affidavit or other evidence	13260
presented by the party, that the party is unable to make the	13261
requisite deposit. If a jury is called, the county court shall tax	13262
the fees of a jury as costs.	13263

(4) In a civil or criminal action or proceeding, the county	13264
court shall fix the fees of witnesses in accordance with sections	13265
2335.06 and 2335.08 of the Revised Code.	13266

(5) A county court may tax as part of the costs in a trial of	13267
the cause, in an amount fixed by rule of court, a reasonable	13268
charge for driving, towing, carting, storing, keeping, and	13269
preserving motor vehicles and other personal property recovered or	13270
seized in a proceeding.	13271

(6) The court shall preserve chattel property seized under a	13272
writ or process issued by the court pending final disposition for	13273
the benefit of all interested persons. The court may place the	13274
chattel property in storage when necessary or proper for its	13275
preservation. The custodian of chattel property so stored shall	13276
not be required to part with the possession of the property until	13277
a reasonable charge, to be fixed by the court, is paid.	13278

(7) The county court, as it determines, may refund all	13279
deposits and advance payments of fees and costs, including those	13280
for jurors and summoning jurors, when they have been paid by the	13281
losing party.	13282

(8) The court may tax as part of costs charges for the	13283
publication of legal notices required by statute or order of	13284
court, as provided by section 7.13 of the Revised Code.	13285

(B)(1) The county court may determine that, for the efficient	13286
operation of the court, additional funds are necessary to acquire	13287
and pay for special projects of the court including, but not	13288
limited to, the acquisition of additional facilities or the	13289
rehabilitation of existing facilities, the acquisition of	13290
equipment, the hiring and training of staff, community service	13291
programs, mediation or dispute resolution services, the employment	13292
of magistrates, the training and education of judges, acting	13293
judges, and magistrates, and other related services. Upon that	13294
determination, the court by rule may charge a fee, in addition to	13295
all other court costs, on the filing of each criminal cause, civil	13296
action or proceeding, or judgment by confession.	13297

If the county court offers a special program or service in	13298
cases of a specific type, the county court by rule may assess an	13299
additional charge in a case of that type, over and above court	13300
costs, to cover the special program or service. The county court	13301
shall adjust the special assessment periodically, but not	13302
retroactively, so that the amount assessed in those cases does not	13303
exceed the actual cost of providing the service or program.	13304

All moneys collected under division (B) of this section shall	13305
be paid to the county treasurer for deposit into either a general	13306
special projects fund or a fund established for a specific special	13307
project. Moneys from a fund of that nature shall be disbursed upon	13308
an order of the court in an amount no greater than the actual cost	13309
to the court of a project. If a specific fund is terminated	13310
because of the discontinuance of a program or service established	13311
under division (B) of this section, the county court may order	13312
that moneys remaining in the fund be transferred to an account	13313
established under this division for a similar purpose.	13314

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

13315

(a) "Criminal cause" means a charge alleging the violation of	13316
a statute or ordinance, or subsection of a statute or ordinance,	13317
that requires a separate finding of fact or a separate plea before	13318
disposition and of which the defendant may be found guilty,	13319
whether filed as part of a multiple charge on a single summons,	13320
citation, or complaint or as a separate charge on a single	13321
summons, citation, or complaint. "Criminal cause" does not include	13322
separate violations of the same statute or ordinance, or	13323
subsection of the same statute or ordinance, unless each charge is	13324
filed on a separate summons, citation, or complaint.	13325

(b) "Civil action or proceeding" means any civil litigation	13326
that must be determined by judgment entry.	13327

(C) Subject to division (E) of this section, the county court	13328
shall collect in all its divisions except the small claims	13329
division the sum of ~~fifteen~~twenty-five dollars as additional	13330
filing fees in each new civil action or proceeding for the	13331
charitable public purpose of providing financial assistance to	13332
legal aid societies that operate within the state. Subject to	13333
division (E) of this section, the county court shall collect in	13334
its small claims division the sum of ~~seven~~ten dollars as	13335
additional filing fees in each new civil action or proceeding for	13336
the charitable public purpose of providing financial assistance to	13337
legal aid societies that operate within the state. This division	13338
does not apply to any execution on a judgment, proceeding in aid	13339
of execution, or other post-judgment proceeding arising out of a	13340
civil action. The filing fees required to be collected under this	13341
division shall be in addition to any other court costs imposed in	13342
the action or proceeding and shall be collected at the time of the	13343
filing of the action or proceeding. The court shall not waive the	13344
payment of the additional filing fees in a new civil action or	13345
proceeding unless the court waives the advanced payment of all	13346
filing fees in the action or proceeding. All such moneys collected	13347
during a month shall be transmitted on or before the twentieth day	13348
of the following month by the clerk of the court to the treasurer	13349
of state in a manner prescribed by the treasurer of state or by	13350
the Ohio legal assistance foundation. The moneys then shall be	13351
deposited by the treasurer of state to the credit of the legal aid	13352
fund established under section 120.52 of the Revised Code.	13353

The court may retain up to one per cent of the moneys it	13354
collects under this division to cover administrative costs,	13355
including the hiring of any additional personnel necessary to	13356
implement this division.	13357

(D) The county court shall establish by rule a schedule of	13358
fees for miscellaneous services performed by the county court or	13359
any of its judges in accordance with law. If judges of the court	13360
of common pleas perform similar services, the fees prescribed in	13361
the schedule shall not exceed the fees for those services	13362
prescribed by the court of common pleas.	13363

(E) Under the circumstances described in sections 2969.21 to	13364
2969.27 of the Revised Code, the clerk of the county court shall	13365
charge the fees and perform the other duties specified in those	13366
sections.	13367

Sec. 2113.041. (A) The administrator of the estate recovery	13368
program established pursuant to section 5111.11 of the Revised	13369
Code may present an affidavit to a financial institution	13370
requesting that the financial institution release account proceeds	13371
to recover the cost of services correctly provided to a medicaid	13372
recipient who is subject to the estate recovery program. The	13373
affidavit shall include all of the following information:	13374

(1) The name of the decedent;

13375

(2) The name of any person who gave notice that the decedent	13376
was a medicaid recipient and that person's relationship to the	13377
decedent;	13378

(3) The name of the financial institution;

13379

(4) The account number;

13380

(5) A description of the claim for estate recovery;

13381

(6) The amount of funds to be recovered.

13382

(B) A financial institution may release account proceeds to	13383
the administrator of the estate recovery program if all of the	13384
following apply:	13385

(1) The decedent held an account at the financial institution	13386
that was in the decedent's name only.	13387

(2) No estate has been, and it is reasonable to assume that	13388
no estate will be, opened for the decedent.	13389

(3) The decedent has no outstanding debts known to the	13390
administrator of the estate recovery program.	13391

(4) The financial institution has received no objections or	13392
has determined that no valid objections to release of proceeds	13393
have been received.	13394

(C) If proceeds have been released pursuant to division (B)	13395
of this section and the department of job and family services	13396
receives notice of a valid claim to the proceeds that has a higher	13397
priority under section 2117.25 of the Revised Code than the claim	13398
of the estate recovery program, the department may refund the	13399
proceeds to the financial institution or pay them to the person or	13400
government entity with the claim.	13401

Sec. 2151.031. As used in this chapter, an "abused child"	13402
includes any child who:	13403

(A) Is the victim of "sexual activity" as defined under	13404
Chapter 2907. of the Revised Code, where such activity would	13405
constitute an offense under that chapter, except that the court	13406
need not find that any person has been convicted of the offense in	13407
order to find that the child is an abused child;	13408

(B) Is endangered as defined in section 2919.22 of the	13409
Revised Code, except that the court need not find that any person	13410
has been convicted under that section in order to find that the	13411
child is an abused child;	13412

(C) Exhibits evidence of any physical or mental injury or	13413
death, inflicted other than by accidental means, or an injury or	13414
death which is at variance with the history given of it. Except as	13415
provided in division (D) of this section, a child exhibiting	13416
evidence of corporal punishment or other physical disciplinary	13417
measure by a parent, guardian, custodian, person having custody or	13418
control, or person in loco parentis of a child is not an abused	13419
child under this division if the measure is not prohibited under	13420
section 2919.22 of the Revised Code.	13421

(D) Because of the acts of ~~his~~the child's parents, guardian,	13422
or custodian, suffers physical or mental injury that harms or	13423
threatens to harm the child's health or welfare.;	13424

(E) Is subjected to out-of-home care child abuse;

13425

(F) Is exposed to methamphetamine or to an ephedrine product,	13426
phenylpropanolamine product, or pseudoephedrine product in	13427
violation of division (A)(7) of section 2919.22 of the Revised	13428
Code, to conduct in violation of section 2925.04 of the Revised	13429
Code that involves the manufacture of methamphetamine, or to	13430
conduct in violation of division (A)(1) of section 2925.041 of the	13431
Revised Code, except that the court need not find that any person	13432
has been convicted under the specified section in order to find	13433
that the child is an abused child.	13434

Sec. 2151.352. A child, or the child's parents,or	13435
custodian, or any other person in loco parentis of ~~such~~the child	13436
is entitled to representation by legal counsel at all stages of	13437
the proceedings under this chapter or Chapter 2152. of the Revised	13438
Code ~~and if~~. If, as an indigent person, ~~any such person~~a party is	13439
unable to employ counsel, the party is entitled to have counsel	13440
provided for the person pursuant to Chapter 120. of the Revised	13441
Code except in civil matters in which the juvenile court is	13442
exercising jurisdiction pursuant to division (A)(2), (3), (9),	13443
(10), (11), (12), or (13); (B)(2), (3), (4), (5), or (6); (C);	13444
(D); or (F)(1) or (2) of section 2151.23 of the Revised Code. If a	13445
party appears without counsel, the court shall ascertain whether	13446
the party knows of the party's right to counsel and of the party's	13447
right to be provided with counsel if the party is an indigent	13448
person. The court may continue the case to enable a party to	13449
obtain counsel or, to be represented by the county public defender	13450
or the joint county public defender ~~and shall provide~~, or to be	13451
appointed counsel upon request pursuant to Chapter 120. of the	13452
Revised Code. Counsel must be provided for a child not represented	13453
by the child's parent, guardian, or custodian. If the interests of	13454
two or more such parties conflict, separate counsel shall be	13455
provided for each of them.	13456

Section 2935.14 of the Revised Code applies to any child	13457
taken into custody. The parents, custodian, or guardian of such	13458
child, and any attorney at law representing them or the child,	13459
shall be entitled to visit such child at any reasonable time, be	13460
present at any hearing involving the child, and be given	13461
reasonable notice of such hearing.	13462

Any report or part thereof concerning such child, which is	13463
used in the hearing and is pertinent thereto, shall for good cause	13464
shown be made available to any attorney at law representing such	13465
child and to any attorney at law representing the parents,	13466
custodian, or guardian of such child, upon written request prior	13467
to any hearing involving such child.	13468

Sec. 2151.416. (A) Each agency that is required by section	13469
2151.412 of the Revised Code to prepare a case plan for a child	13470
shall complete a semiannual administrative review of the case plan	13471
no later than six months after the earlier of the date on which	13472
the complaint in the case was filed or the child was first placed	13473
in shelter care. After the first administrative review, the agency	13474
shall complete semiannual administrative reviews no later than	13475
every six months. If the court issues an order pursuant to section	13476
2151.414 or 2151.415 of the Revised Code, the agency shall	13477
complete an administrative review no later than six months after	13478
the court's order and continue to complete administrative reviews	13479
no later than every six months after the first review, except that	13480
the court hearing held pursuant to section 2151.417 of the Revised	13481
Code may take the place of any administrative review that would	13482
otherwise be held at the time of the court hearing. When	13483
conducting a review, the child's health and safety shall be the	13484
paramount concern.	13485

(B) Each administrative review required by division (A) of	13486
this section shall be conducted by a review panel of at least	13487
three persons, including, but not limited to, both of the	13488
following:	13489

(1) A caseworker with day-to-day responsibility for, or	13490
familiarity with, the management of the child's case plan;	13491

(2) A person who is not responsible for the management of the	13492
child's case plan or for the delivery of services to the child or	13493
the parents, guardian, or custodian of the child.	13494

(C) Each semiannual administrative review shall include, but	13495
not be limited to, a joint meeting by the review panel with the	13496
parents, guardian, or custodian of the child, the guardian ad	13497
litem of the child, and the child's foster care provider and shall	13498
include an opportunity for those persons to submit any written	13499
materials to be included in the case record of the child. If a	13500
parent, guardian, custodian, guardian ad litem, or foster care	13501
provider of the child cannot be located after reasonable efforts	13502
to do so or declines to participate in the administrative review	13503
after being contacted, the agency does not have to include them in	13504
the joint meeting.	13505

(D) The agency shall prepare a written summary of the	13506
semiannual administrative review that shall include, but not be	13507
limited to, all of the following:	13508

(1) A conclusion regarding the safety and appropriateness of	13509
the child's foster care placement;	13510

(2) The extent of the compliance with the case plan of all	13511
parties;	13512

(3) The extent of progress that has been made toward	13513
alleviating the circumstances that required the agency to assume	13514
temporary custody of the child;	13515

(4) An estimated date by which the child may be returned to	13516
and safely maintained in the child's home or placed for adoption	13517
or legal custody;	13518

(5) An updated case plan that includes any changes that the	13519
agency is proposing in the case plan;	13520

(6) The recommendation of the agency as to which agency or	13521
person should be given custodial rights over the child for the	13522
six-month period after the administrative review;	13523

(7) The names of all persons who participated in the	13524
administrative review.	13525

(E) The agency shall file the summary with the court no later	13526
than seven days after the completion of the administrative review.	13527
If the agency proposes a change to the case plan as a result of	13528
the administrative review, the agency shall file the proposed	13529
change with the court at the time it files the summary. The agency	13530
shall give notice of the summary and proposed change in writing	13531
before the end of the next day after filing them to all parties	13532
and the child's guardian ad litem. All parties and the guardian ad	13533
litem shall have seven days after the date the notice is sent to	13534
object to and request a hearing on the proposed change.	13535

(1) If the court receives a timely request for a hearing, the	13536
court shall schedule a hearing pursuant to section 2151.417 of the	13537
Revised Code to be held not later than thirty days after the court	13538
receives the request. The court shall give notice of the date,	13539
time, and location of the hearing to all parties and the guardian	13540
ad litem. The agency may implement the proposed change after the	13541
hearing, if the court approves it. The agency shall not implement	13542
the proposed change unless it is approved by the court.	13543

(2) If the court does not receive a timely request for a	13544
hearing, the court may approve the proposed change without a	13545
hearing. If the court approves the proposed change without a	13546
hearing, it shall journalize the case plan with the change not	13547
later than fourteen days after the change is filed with the court.	13548
If the court does not approve the proposed change to the case	13549
plan, it shall schedule a review hearing to be held pursuant to	13550
section 2151.417 of the Revised Code no later than thirty days	13551
after the expiration of the fourteen-day time period and give	13552
notice of the date, time, and location of the hearing to all	13553
parties and the guardian ad litem of the child. If, despite the	13554
requirements of this division and division (D) of section 2151.417	13555
of the Revised Code, the court neither approves and journalizes	13556
the proposed change nor conducts a hearing, the agency may	13557
implement the proposed change not earlier than fifteen days after	13558
it is submitted to the court.	13559

(F) The director of job and family services may adopt rules	13560
pursuant to Chapter 119. of the Revised Code for procedures and	13561
standard forms for conducting administrative reviews pursuant to	13562
this section.	13563

(G) The juvenile court that receives the written summary of	13564
the administrative review, upon determining, either from the	13565
written summary, case plan, or otherwise, that the custody or care	13566
arrangement is not in the best interest of the child, may	13567
terminate the custody of an agency and place the child in the	13568
custody of another institution or association certified by the	13569
department of job and family services under section 5103.03 of the	13570
Revised Code.	13571

(H) The department of job and family services shall report	13572
annually to the public and to the general assembly on the results	13573
of the review of case plans of each agency ~~and on the results of~~	13574
~~the summaries submitted to the department under section 3107.10 of~~	13575
~~the Revised Code~~. The annual report shall include any information	13576
that is required by the department, including, but not limited to,	13577
all of the following:	13578

(1) A statistical analysis of the administrative reviews	13579
conducted pursuant to this section and section 2151.417 of the	13580
Revised Code;	13581

(2) The number of children in temporary or permanent custody	13582
for whom an administrative review was conducted, the number of	13583
children whose custody status changed during the period, the	13584
number of children whose residential placement changed during the	13585
period, and the number of residential placement changes for each	13586
child during the period;	13587

(3) An analysis of the utilization of public social services	13588
by agencies and parents or guardians, and the utilization of the	13589
adoption listing service of the department pursuant to section	13590
5103.154 of the Revised Code;	13591

~~(4) A compilation and analysis of data submitted to the~~	13592
~~department under section 3107.10 of the Revised Code~~.	13593

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	13594
entity that appoints or employs any person responsible for a	13595
child's care in out-of-home care shall request the superintendent	13596
of BCII to conduct a criminal records check with respect to any	13597
person who is under final consideration for appointment or	13598
employment as a person responsible for a child's care in	13599
out-of-home care, except that section 3319.39 of the Revised Code	13600
shall apply instead of this section if the out-of-home care entity	13601
is a public school, educational service center, or chartered	13602
nonpublic school.	13603

(2) The administrative director of an agency, or attorney,	13604
who arranges an adoption for a prospective adoptive parent shall	13605
request the superintendent of BCII to conduct a criminal records	13606
check with respect to that prospective adoptive parent and all	13607
persons eighteen years of age or older who reside with the	13608
prospective adoptive parent.	13609

(3) Before a recommending agency submits a recommendation to	13610
the department of job and family services on whether the	13611
department should issue a certificate to a foster home under	13612
section 5103.03 of the Revised Code, the administrative director	13613
of the agency shall request that the superintendent of BCII	13614
conduct a criminal records check with respect to the prospective	13615
foster caregiver and all other persons eighteen years of age or	13616
older who reside with the foster caregiver.	13617

(4) The executive director of a public children services	13618
agency that receives an application under section 5101.802 of the	13619
Revised Code for the kinship caregiver subsidy program shall	13620
request that the superintendent of BCII conduct a criminal records	13621
check with respect to the kinship caregiver and all other persons	13622
eighteen years of age or older who reside with the kinship	13623
caregiver.	13624

(B) If a person subject to a criminal records check does not	13625
present proof that the person has been a resident of this state	13626
for the five-year period immediately prior to the date upon which	13627
the criminal records check is requested or does not provide	13628
evidence that within that five-year period the superintendent of	13629
BCII has requested information about the person from the federal	13630
bureau of investigation in a criminal records check, the	13631
appointing or hiring officer, administrative or executive	13632
director, or attorney shall request that the superintendent of	13633
BCII obtain information from the federal bureau of investigation	13634
as a part of the criminal records check. If the person subject to	13635
the criminal records check presents proof that the person has been	13636
a resident of this state for that five-year period, the officer,	13637
director, or attorney may request that the superintendent of BCII	13638
include information from the federal bureau of investigation in	13639
the criminal records check.	13640

An appointing or hiring officer, administrative or executive	13641
director, or attorney required by division (A) of this section to	13642
request a criminal records check shall provide to each person	13643
subject to a criminal records check a copy of the form prescribed	13644
pursuant to division (C)(1) of section 109.572 of the Revised Code	13645
and a standard impression sheet to obtain fingerprint impressions	13646
prescribed pursuant to division (C)(2) of section 109.572 of the	13647
Revised Code, obtain the completed form and impression sheet from	13648
the person, and forward the completed form and impression sheet to	13649
the superintendent of BCII at the time the criminal records check	13650
is requested.	13651

Any person subject to a criminal records check who receives	13652
pursuant to this division a copy of the form prescribed pursuant	13653
to division (C)(1) of section 109.572 of the Revised Code and a	13654
copy of an impression sheet prescribed pursuant to division (C)(2)	13655
of that section and who is requested to complete the form and	13656
provide a set of fingerprint impressions shall complete the form	13657
or provide all the information necessary to complete the form and	13658
shall provide the impression sheet with the impressions of the	13659
person's fingerprints. If a person subject to a criminal records	13660
check, upon request, fails to provide the information necessary to	13661
complete the form or fails to provide impressions of the person's	13662
fingerprints, the appointing or hiring officer shall not appoint	13663
or employ the person as a person responsible for a child's care in	13664
out-of-home care, a probate court may not issue a final decree of	13665
adoption or an interlocutory order of adoption making the person	13666
an adoptive parent, ~~and~~ the department of job and family services	13667
shall not issue a certificate authorizing the prospective foster	13668
caregiver to operate a foster home, and the public children	13669
services agency shall deny the application for the kinship	13670
caregiver subsidy program.	13671

(C)(1) No appointing or hiring officer shall appoint or	13672
employ a person as a person responsible for a child's care in	13673
out-of-home care, the department of job and family services shall	13674
not issue a certificate under section 5103.03 of the Revised Code	13675
authorizing a prospective foster caregiver to operate a foster	13676
home, no public children services agency shall approve an	13677
application for the kinship caregiver subsidy program, and no	13678
probate court shall issue a final decree of adoption or an	13679
interlocutory order of adoption making a person an adoptive parent	13680
if the person or, in the case of a prospective foster caregiver	13681
or, prospective adoptive parent, or kinship caregiver, any person	13682
eighteen years of age or older who resides with the prospective	13683
foster caregiver or, prospective adoptive parent, or kinship	13684
caregiver previously has been convicted of or pleaded guilty to	13685
any of the following, unless the person meets rehabilitation	13686
standards established in rules adopted under division (F) of this	13687
section:	13688

(a) A violation of section 2903.01, 2903.02, 2903.03,	13689
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	13690
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	13691
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	13692
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	13693
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	13694
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	13695
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	13696
violation of section 2905.04 of the Revised Code as it existed	13697
prior to July 1, 1996, a violation of section 2919.23 of the	13698
Revised Code that would have been a violation of section 2905.04	13699
of the Revised Code as it existed prior to July 1, 1996, had the	13700
violation been committed prior to that date, a violation of	13701
section 2925.11 of the Revised Code that is not a minor drug	13702
possession offense, or felonious sexual penetration in violation	13703
of former section 2907.12 of the Revised Code;	13704

(b) A violation of an existing or former law of this state,	13705
any other state, or the United States that is substantially	13706
equivalent to any of the offenses described in division (C)(1)(a)	13707
of this section.	13708

(2) The appointing or hiring officer may appoint or employ a	13709
person as a person responsible for a child's care in out-of-home	13710
care conditionally until the criminal records check required by	13711
this section is completed and the officer receives the results of	13712
the criminal records check. If the results of the criminal records	13713
check indicate that, pursuant to division (C)(1) of this section,	13714
the person subject to the criminal records check does not qualify	13715
for appointment or employment, the officer shall release the	13716
person from appointment or employment.	13717

(D) The appointing or hiring officer, administrative or	13718
executive director, or attorney shall pay to the bureau of	13719
criminal identification and investigation the fee prescribed	13720
pursuant to division (C)(3) of section 109.572 of the Revised Code	13721
for each criminal records check conducted in accordance with that	13722
section upon a request pursuant to division (A) of this section.	13723
The officer, director, or attorney may charge the person subject	13724
to the criminal records check a fee for the costs the officer,	13725
director, or attorney incurs in obtaining the criminal records	13726
check. A fee charged under this division shall not exceed the	13727
amount of fees the officer, director, or attorney pays for the	13728
criminal records check. If a fee is charged under this division,	13729
the officer, director, or attorney shall notify the person who is	13730
the applicant at the time of the person's initial application for	13731
appointment or employment, an adoption to be arranged, or a	13732
certificate to operate a foster home, or the kinship caregiver	13733
subsidy program of the amount of the fee and that, unless the fee	13734
is paid, the person who is the applicant will not be considered	13735
for appointment or employment or as an adoptive parent or foster	13736
caregiver or will have the application for the kinship caregiver	13737
subsidy program denied.	13738

(E) The report of any criminal records check conducted by the	13739
bureau of criminal identification and investigation in accordance	13740
with section 109.572 of the Revised Code and pursuant to a request	13741
made under division (A) of this section is not a public record for	13742
the purposes of section 149.43 of the Revised Code and shall not	13743
be made available to any person other than the person who is the	13744
subject of the criminal records check or the person's	13745
representative; the appointing or hiring officer, administrative	13746
or executive director, or attorney requesting the criminal records	13747
check or the officer's, director's, or attorney's representative;	13748
the department of job and family services or a county department	13749
of job and family services; a public children services agency; and	13750
any court, hearing officer, or other necessary individual involved	13751
in a case dealing with the denial of employment, a final decree of	13752
adoption or interlocutory order of adoption, or a foster home	13753
certificate, or the kinship caregiver subsidy program.	13754

(F) The director of job and family services shall adopt rules	13755
in accordance with Chapter 119. of the Revised Code to implement	13756
this section. The rules shall include rehabilitation standards a	13757
person who has been convicted of or pleaded guilty to an offense	13758
listed in division (C)(1) of this section must meet for an	13759
appointing or hiring officer to appoint or employ the person as a	13760
person responsible for a child's care in out-of-home care, a	13761
probate court to issue a final decree of adoption or interlocutory	13762
order of adoption making the person an adoptive parent, or the	13763
department to issue a certificate authorizing the prospective	13764
foster caregiver to operate a foster home, or a public children	13765
services agency to approve an application for the kinship	13766
caregiver subsidy program.	13767

(G) An appointing or hiring officer, administrative or	13768
executive director, or attorney required by division (A) of this	13769
section to request a criminal records check shall inform each	13770
person who is the applicant, at the time of the person's initial	13771
application for appointment or employment, an adoption to be	13772
arranged, or a foster home certificate, or the kinship caregiver	13773
subsidy program, that the person subject to the criminal records	13774
check is required to provide a set of impressions of the person's	13775
fingerprints and that a criminal records check is required to be	13776
conducted and satisfactorily completed in accordance with section	13777
109.572 of the Revised Code.	13778

(H) The department of job and family services may waive the	13779
requirement that a criminal records check based on fingerprints be	13780
conducted for an adult resident of a prospective adoptive or	13781
foster home or the home of a foster caregiver if the recommending	13782
agency documents to the department's satisfaction that the adult	13783
resident is physically unable to comply with the fingerprinting	13784
requirement and poses no danger to foster children or adoptive	13785
children who may be placed in the home. In such cases, the	13786
recommending or approving agency shall request that the bureau of	13787
criminal identification and investigation conduct a criminal	13788
records check using the person's name and social security number.	13789

(I) As used in this section:

13790

(1) "Children's hospital" means any of the following:

13791

(a) A hospital registered under section 3701.07 of the	13792
Revised Code that provides general pediatric medical and surgical	13793
care, and in which at least seventy-five per cent of annual	13794
inpatient discharges for the preceding two calendar years were	13795
individuals less than eighteen years of age;	13796

(b) A distinct portion of a hospital registered under section	13797
3701.07 of the Revised Code that provides general pediatric	13798
medical and surgical care, has a total of at least one hundred	13799
fifty registered pediatric special care and pediatric acute care	13800
beds, and in which at least seventy-five per cent of annual	13801
inpatient discharges for the preceding two calendar years were	13802
individuals less than eighteen years of age;	13803

(c) A distinct portion of a hospital, if the hospital is	13804
registered under section 3701.07 of the Revised Code as a	13805
children's hospital and the children's hospital meets all the	13806
requirements of division (I)(3)(a) of this section.	13807

(2) "Criminal records check" has the same meaning as in	13808
section 109.572 of the Revised Code.	13809

(3) "Minor drug possession offense" has the same meaning as	13810
in section 2925.01 of the Revised Code.	13811

(4) "Kinship caregiver subsidy program" means the program	13812
created under section 5101.802 of the Revised Code.	13813

(5) "Person responsible for a child's care in out-of-home	13814
care" has the same meaning as in section 2151.011 of the Revised	13815
Code, except that it does not include a prospective employee of	13816
the department of youth services or a person responsible for a	13817
child's care in a hospital or medical clinic other than a	13818
children's hospital.	13819

~~(5)~~(6) "Person subject to a criminal records check" means the	13820
following:	13821

(a) A person who is under final consideration for appointment	13822
or employment as a person responsible for a child's care in	13823
out-of-home care;	13824

(b) A prospective adoptive parent;

13825

13826

(d) A kinship caregiver who applies for the kinship caregiver	13827
subsidy program;	13828

(e) A person eighteen years old or older who resides with a	13829
prospective foster caregiver or, a prospective adoptive parent, or	13830
an applicant for the kinship caregiver subsidy program.	13831

~~(6)~~(7) "Recommending agency" means a public children services	13832
agency, private child placing agency, or private noncustodial	13833
agency to which the department of job and family services has	13834
delegated a duty to inspect and approve foster homes.	13835

~~(7)~~(8) "Superintendent of BCII" means the superintendent of	13836
the bureau of criminal identification and investigation.	13837

Sec. 2152.43. (A) A board of county commissioners that	13838
provides a detention facility and the board of trustees of a	13839
district detention facility may apply to the department of youth	13840
services under section 5139.281 of the Revised Code for assistance	13841
in defraying the cost of operating and maintaining the facility.	13842
The application shall be made on forms prescribed and furnished by	13843
the department.	13844

The board of county commissioners of each county that	13845
participates in a district detention facility may apply to the	13846
department of youth services for assistance in defraying the	13847
county's share of the cost of acquisition or construction of the	13848
facility, as provided in section 5139.271 of the Revised Code.	13849
Application shall be made in accordance with rules adopted by the	13850
department. No county shall be reimbursed for expenses incurred in	13851
the acquisition or construction of a district detention facility	13852
that serves a district having a population of less than one	13853
hundred thousand.	13854

(B)(1) The joint boards of county commissioners of district	13855
detention facilities shall defray all necessary expenses of the	13856
facility not paid from funds made available under section 5139.281	13857
of the Revised Code, through annual assessments of taxes, through	13858
gifts, or through other means.	13859

If any county withdraws from a district under division (D) of	13860
section 2152.41 of the Revised Code, it shall continue to have	13861
levied against its tax duplicate any tax levied by the district	13862
during the period in which the county was a member of the district	13863
for current operating expenses, permanent improvements, or the	13864
retirement of bonded indebtedness. The levy shall continue to be a	13865
levy against the tax duplicate of the county until the time that	13866
it expires or is renewed.	13867

(2) The current expenses of maintaining the facility not paid	13868
from funds made available under section 5139.281 of the Revised	13869
Code or division (C) of this section, and the cost of ordinary	13870
repairs to the facility, shall be paid by each county in	13871
accordance with one of the following methods as approved by the	13872
joint board of county commissioners:	13873

(a) In proportion to the number of children from that county	13874
who are maintained in the facility during the year;	13875

(b) By a levy submitted by the joint board of county	13876
commissioners under division (A) of section 5705.19 of the Revised	13877
Code and approved by the electors of the district;	13878

(c) In proportion to the taxable property of each county, as	13879
shown by its tax duplicate;	13880

(d) In any ~~combination of the methods for payment described~~	13881
~~in division (B)(2)(a), (b), or (c) of this section~~other method	13882
agreed upon by unanimous vote of the joint board of county	13883
commissioners.	13884

(C) When any person donates or bequeaths any real or personal	13885
property to a county or district detention facility, the juvenile	13886
court or the trustees of the facility may accept and use the gift,	13887
consistent with the best interest of the institution and the	13888
conditions of the gift.	13889

Sec. 2152.74. (A) As used in this section, "DNA analysis"	13890
and "DNA specimen" have the same meanings as in section 109.573 of	13891
the Revised Code.	13892

(B)(1) A child who is adjudicated a delinquent child for	13893
committing an act listed in division (D) of this section and who	13894
is committed to the custody of the department of youth services,	13895
placed in a detention facility or district detention facility	13896
pursuant to division (A)(3) of section 2152.19 of the Revised	13897
Code, or placed in a school, camp, institution, or other facility	13898
for delinquent children described in division (A)(2) of section	13899
2152.19 of the Revised Code shall submit to a DNA specimen	13900
collection procedure administered by the director of youth	13901
services if committed to the department or by the chief	13902
administrative officer of the detention facility, district	13903
detention facility, school, camp, institution, or other facility	13904
for delinquent children to which the child was committed or in	13905
which the child was placed. If the court commits the child to the	13906
department of youth services, the director of youth services shall	13907
cause the DNA specimen to be collected from the child during the	13908
intake process at an institution operated by or under the control	13909
of the department. If the court commits the child to or places the	13910
child in a detention facility, district detention facility,	13911
school, camp, institution, or other facility for delinquent	13912
children, the chief administrative officer of the detention	13913
facility, district detention facility, school, camp, institution,	13914
or facility to which the child is committed or in which the child	13915
is placed shall cause the DNA specimen to be collected from the	13916
child during the intake process for the detention facility,	13917
district detention facility, school, camp, institution, or	13918
facility. In accordance with division (C) of this section, the	13919
director or the chief administrative officer shall cause the DNA	13920
specimen to be forwarded to the bureau of criminal identification	13921
and investigation no later than fifteen days after the date of the	13922
collection of the DNA specimen. The DNA specimen shall be	13923
collected from the child in accordance with division (C) of this	13924
section.	13925

(2) If a child is adjudicated a delinquent child for	13926
committing an act listed in division (D) of this section, is	13927
committed to or placed in the department of youth services, a	13928
detention facility or district detention facility, or a school,	13929
camp, institution, or other facility for delinquent children, and	13930
does not submit to a DNA specimen collection procedure pursuant to	13931
division (B)(1) of this section, prior to the child's release from	13932
the custody of the department of youth services, from the custody	13933
of the detention facility or district detention facility, or from	13934
the custody of the school, camp, institution, or facility, the	13935
child shall submit to, and the director of youth services or the	13936
chief administrator of the detention facility, district detention	13937
facility, school, camp, institution, or facility to which the	13938
child is committed or in which the child was placed shall	13939
administer, a DNA specimen collection procedure at the institution	13940
operated by or under the control of the department of youth	13941
services or at the detention facility, district detention	13942
facility, school, camp, institution, or facility to which the	13943
child is committed or in which the child was placed. In accordance	13944
with division (C) of this section, the director or the chief	13945
administrative officer shall cause the DNA specimen to be	13946
forwarded to the bureau of criminal identification and	13947
investigation no later than fifteen days after the date of the	13948
collection of the DNA specimen. The DNA specimen shall be	13949
collected in accordance with division (C) of this section.	13950

(C) If the DNA specimen is collected by withdrawing blood	13951
from the child or a similarly invasive procedure, a physician,	13952
registered nurse, licensed practical nurse, duly licensed clinical	13953
laboratory technician, or other qualified medical practitioner	13954
shall collect in a medically approved manner the DNA specimen	13955
required to be collected pursuant to division (B) of this section.	13956
If the DNA specimen is collected by swabbing for buccal cells or a	13957
similarly noninvasive procedure, this section does not require	13958
that the DNA specimen be collected by a qualified medical	13959
practitioner of that nature. No later than fifteen days after the	13960
date of the collection of the DNA specimen, the director of youth	13961
services or the chief administrative officer of the detention	13962
facility, district detention facility, school, camp, institution,	13963
or other facility for delinquent children to which the child is	13964
committed or in which the child was placed shall cause the DNA	13965
specimen to be forwarded to the bureau of criminal identification	13966
and investigation in accordance with procedures established by the	13967
superintendent of the bureau under division (H) of section 109.573	13968
of the Revised Code. The bureau shall provide the specimen vials,	13969
mailing tubes, labels, postage, and instruction needed for the	13970
collection and forwarding of the DNA specimen to the bureau.	13971

(D) The director of youth services and the chief	13972
administrative officer of a detention facility, district detention	13973
facility, school, camp, institution, or other facility for	13974
delinquent children shall cause a DNA specimen to be collected in	13975
accordance with divisions (B) and (C) of this section from each	13976
child in its custody who is adjudicated a delinquent child for	13977
committing any of the following acts:	13978

(1) A violation of section 2903.01, 2903.02, 2903.11,	13979
2905.01, 2907.02, 2907.03, 2907.05, 2911.01, 2911.02, 2911.11, or	13980
2911.12 of the Revised Code;	13981

(2) A violation of section 2907.12 of the Revised Code as it	13982
existed prior to September 3, 1996;	13983

(3) An attempt to commit a violation of section 2903.01,	13984
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to	13985
commit a violation of section 2907.12 of the Revised Code as it	13986
existed prior to September 3, 1996;	13987

(4) A violation of any law that arose out of the same facts	13988
and circumstances and same act as did a charge against the child	13989
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	13990
2907.03, 2907.05, or 2911.11 of the Revised Code that previously	13991
was dismissed or amended or as did a charge against the child of a	13992
violation of section 2907.12 of the Revised Code as it existed	13993
prior to September 3, 1996, that previously was dismissed or	13994
amended;	13995

(5) A violation of section 2905.02 or 2919.23 of the Revised	13996
Code that would have been a violation of section 2905.04 of the	13997
Revised Code as it existed prior to July 1, 1996, had the	13998
violation been committed prior to that date;	13999

(6) A felony violation of any law that arose out of the same	14000
facts and circumstances and same act as did a charge against the	14001
child of a violation of section 2903.11, 2911.01, 2911.02, or	14002
2911.12 of the Revised Code that previously was dismissed or	14003
amended;	14004

(7) A violation of section 2923.01 of the Revised Code	14005
involving a conspiracy to commit a violation of section 2903.01,	14006
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	14007
Revised Code;	14008

(8) A violation of section 2923.03 of the Revised Code	14009
involving complicity in committing a violation of section 2903.01,	14010
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	14011
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	14012
violation of section 2907.12 of the Revised Code as it existed	14013
prior to September 3, 1996.	14014

(E) The director of youth services and the chief	14015
administrative officer of a detention facility, district detention	14016
facility, school, camp, institution, or other facility for	14017
delinquent children is not required to comply with this section in	14018
relation to the following acts until the superintendent of the	14019
bureau of criminal identification and investigation gives agencies	14020
in the juvenile justice system, as defined in section ~~181.51~~	14021
5502.61 of the Revised Code, in the state official notification	14022
that the state DNA laboratory is prepared to accept DNA specimens	14023
of that nature:	14024

(1) A violation of section 2903.11, 2911.01, 2911.02, or	14025
2911.12 of the Revised Code;	14026

(2) An attempt to commit a violation of section 2903.01 or	14027
2903.02 of the Revised Code;	14028

(3) A felony violation of any law that arose out of the same	14029
facts and circumstances and same act as did a charge against the	14030
child of a violation of section 2903.11, 2911.01, 2911.02, or	14031
2911.12 of the Revised Code that previously was dismissed or	14032
amended;	14033

(4) A violation of section 2923.01 of the Revised Code	14034
involving a conspiracy to commit a violation of section 2903.01,	14035
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	14036
Revised Code;	14037

(5) A violation of section 2923.03 of the Revised Code	14038
involving complicity in committing a violation of section 2903.01,	14039
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	14040
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	14041
violation of section 2907.12 of the Revised Code as it existed	14042
prior to September 3, 1996.	14043

Sec. 2303.201. (A)(1) The court of common pleas of any	14044
county may determine that for the efficient operation of the court	14045
additional funds are required to computerize the court, to make	14046
available computerized legal research services, or to do both.	14047
Upon making a determination that additional funds are required for	14048
either or both of those purposes, the court shall authorize and	14049
direct the clerk of the court of common pleas to charge one	14050
additional fee, not to exceed three dollars, on the filing of each	14051
cause of action or appeal under divisions (A), (Q), and (U) of	14052
section 2303.20 of the Revised Code.	14053

(2) All fees collected under division (A)(1) of this section	14054
shall be paid to the county treasurer. The treasurer shall place	14055
the funds from the fees in a separate fund to be disbursed, upon	14056
an order of the court, in an amount not greater than the actual	14057
cost to the court of procuring and maintaining computerization of	14058
the court, computerized legal research services, or both.	14059

(3) If the court determines that the funds in the fund	14060
described in division (A)(2) of this section are more than	14061
sufficient to satisfy the purpose for which the additional fee	14062
described in division (A)(1) of this section was imposed, the	14063
court may declare a surplus in the fund and expend those surplus	14064
funds for other appropriate technological expenses of the court.	14065

(B)(1) The court of common pleas of any county may determine	14066
that, for the efficient operation of the court, additional funds	14067
are required to computerize the office of the clerk of the court	14068
of common pleas and, upon that determination, authorize and direct	14069
the clerk of the court of common pleas to charge an additional	14070
fee, not to exceed ten dollars, on the filing of each cause of	14071
action or appeal, on the filing, docketing, and endorsing of each	14072
certificate of judgment, or on the docketing and indexing of each	14073
aid in execution or petition to vacate, revive, or modify a	14074
judgment under divisions (A), (P), (Q), (T), and (U) of section	14075
2303.20 of the Revised Code. Subject to division (B)(2) of this	14076
section, all moneys collected under division (B)(1) of this	14077
section shall be paid to the county treasurer to be disbursed,	14078
upon an order of the court of common pleas and subject to	14079
appropriation by the board of county commissioners, in an amount	14080
no greater than the actual cost to the court of procuring and	14081
maintaining computer systems for the office of the clerk of the	14082
court of common pleas.	14083

(2) If the court of common pleas of a county makes the	14084
determination described in division (B)(1) of this section, the	14085
board of county commissioners of that county may issue one or more	14086
general obligation bonds for the purpose of procuring and	14087
maintaining the computer systems for the office of the clerk of	14088
the court of common pleas. In addition to the purposes stated in	14089
division (B)(1) of this section for which the moneys collected	14090
under that division may be expended, the moneys additionally may	14091
be expended to pay debt charges on and financing costs related to	14092
any general obligation bonds issued pursuant to division (B)(2) of	14093
this section as they become due. General obligation bonds issued	14094
pursuant to division (B)(2) of this section are Chapter 133.	14095
securities.	14096

(C) The court of common pleas shall collect the sum of	14097
~~fifteen~~twenty-five dollars as additional filing fees in each new	14098
civil action or proceeding for the charitable public purpose of	14099
providing financial assistance to legal aid societies that operate	14100
within the state. This division does not apply to proceedings	14101
concerning annulments, dissolutions of marriage, divorces, legal	14102
separation, spousal support, marital property or separate property	14103
distribution, support, or other domestic relations matters; to a	14104
juvenile division of a court of common pleas; to a probate	14105
division of a court of common pleas, except that the additional	14106
filing fees shall apply to name change, guardianship, ~~and~~	14107
adoption, and decedents' estate proceedings; or to an execution on	14108
a judgment, proceeding in aid of execution, or other post-judgment	14109
proceeding arising out of a civil action. The filing fees required	14110
to be collected under this division shall be in addition to any	14111
other filing fees imposed in the action or proceeding and shall be	14112
collected at the time of the filing of the action or proceeding.	14113
The court shall not waive the payment of the additional filing	14114
fees in a new civil action or proceeding unless the court waives	14115
the advanced payment of all filing fees in the action or	14116
proceeding. All such moneys collected during a month shall be	14117
transmitted on or before the twentieth day of the following month	14118
by the clerk of the court to the treasurer of state in a manner	14119
prescribed by the treasurer of state or by the Ohio legal	14120
assistance foundation. The moneys then shall be deposited by the	14121
treasurer of state to the credit of the legal aid fund established	14122
under section 120.52 of the Revised Code.	14123

The court may retain up to one per cent of the moneys it	14124
collects under this division to cover administrative costs,	14125
including the hiring of any additional personnel necessary to	14126
implement this division.	14127

(D) On and after the thirtieth day after December 9, 1994,	14128
the court of common pleas shall collect the sum of thirty-two	14129
dollars as additional filing fees in each new action or proceeding	14130
for annulment, divorce, or dissolution of marriage for the purpose	14131
of funding shelters for victims of domestic violence pursuant to	14132
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	14133
required to be collected under this division shall be in addition	14134
to any other filing fees imposed in the action or proceeding and	14135
shall be collected at the time of the filing of the action or	14136
proceeding. The court shall not waive the payment of the	14137
additional filing fees in a new action or proceeding for	14138
annulment, divorce, or dissolution of marriage unless the court	14139
waives the advanced payment of all filing fees in the action or	14140
proceeding. On or before the twentieth day of each month, all	14141
moneys collected during the immediately preceding month pursuant	14142
to this division shall be deposited by the clerk of the court into	14143
the county treasury in the special fund used for deposit of	14144
additional marriage license fees as described in section 3113.34	14145
of the Revised Code. Upon their deposit into the fund, the moneys	14146
shall be retained in the fund and expended only as described in	14147
section 3113.34 of the Revised Code.	14148

(E)(1) The court of common pleas may determine that, for the	14149
efficient operation of the court, additional funds are necessary	14150
to acquire and pay for special projects of the court, including,	14151
but not limited to, the acquisition of additional facilities or	14152
the rehabilitation of existing facilities, the acquisition of	14153
equipment, the hiring and training of staff, community service	14154
programs, mediation or dispute resolution services, the employment	14155
of magistrates, the training and education of judges, acting	14156
judges, and magistrates, and other related services. Upon that	14157
determination, the court by rule may charge a fee, in addition to	14158
all other court costs, on the filing of each criminal cause, civil	14159
action or proceeding, or judgment by confession.	14160

If the court of common pleas offers a special program or	14161
service in cases of a specific type, the court by rule may assess	14162
an additional charge in a case of that type, over and above court	14163
costs, to cover the special program or service. The court shall	14164
adjust the special assessment periodically, but not retroactively,	14165
so that the amount assessed in those cases does not exceed the	14166
actual cost of providing the service or program.	14167

All moneys collected under division (E) of this section shall	14168
be paid to the county treasurer for deposit into either a general	14169
special projects fund or a fund established for a specific special	14170
project. Moneys from a fund of that nature shall be disbursed upon	14171
an order of the court in an amount no greater than the actual cost	14172
to the court of a project. If a specific fund is terminated	14173
because of the discontinuance of a program or service established	14174
under division (E) of this section, the court may order that	14175
moneys remaining in the fund be transferred to an account	14176
established under this division for a similar purpose.	14177

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

14178

(a) "Criminal cause" means a charge alleging the violation of	14179
a statute or ordinance, or subsection of a statute or ordinance,	14180
that requires a separate finding of fact or a separate plea before	14181
disposition and of which the defendant may be found guilty,	14182
whether filed as part of a multiple charge on a single summons,	14183
citation, or complaint or as a separate charge on a single	14184
summons, citation, or complaint. "Criminal cause" does not include	14185
separate violations of the same statute or ordinance, or	14186
subsection of the same statute or ordinance, unless each charge is	14187
filed on a separate summons, citation, or complaint.	14188

(b) "Civil action or proceeding" means any civil litigation	14189
that must be determined by judgment entry.	14190

Sec. 2305.234. (A) As used in this section:

14191

(1) "Chiropractic claim," "medical claim," and "optometric	14192
claim" have the same meanings as in section 2305.113 of the	14193
Revised Code.	14194

(2) "Dental claim" has the same meaning as in section	14195
2305.113 of the Revised Code, except that it does not include any	14196
claim arising out of a dental operation or any derivative claim	14197
for relief that arises out of a dental operation.	14198

(3) "Governmental health care program" has the same meaning	14199
as in section 4731.65 of the Revised Code.	14200

(4) "Health care facility or location" means a hospital,	14201
clinic, ambulatory surgical facility, office of a health care	14202
professional or associated group of health care professionals,	14203
training institution for health care professionals, or any other	14204
place where medical, dental, or other health-related diagnosis,	14205
care, or treatment is provided to a person.	14206

(5) "Health care professional" means any of the following who	14207
provide medical, dental, or other health-related diagnosis, care,	14208
or treatment:	14209

(a) Physicians authorized under Chapter 4731. of the Revised	14210
Code to practice medicine and surgery or osteopathic medicine and	14211
surgery;	14212

(b) Registered nurses and licensed practical nurses licensed	14213
under Chapter 4723. of the Revised Code and individuals who hold a	14214
certificate of authority issued under that chapter that authorizes	14215
the practice of nursing as a certified registered nurse	14216
anesthetist, clinical nurse specialist, certified nurse-midwife,	14217
or certified nurse practitioner;	14218

(c) Physician assistants authorized to practice under Chapter	14219
4730. of the Revised Code;	14220

(d) Dentists and dental hygienists licensed under Chapter	14221
4715. of the Revised Code;	14222

(e) Physical therapists, physical therapist assistants,	14223
occupational therapists, and occupational therapy assistants	14224
licensed under Chapter 4755. of the Revised Code;	14225

(f) Chiropractors licensed under Chapter 4734. of the Revised	14226
Code;	14227

(g) Optometrists licensed under Chapter 4725. of the Revised	14228
Code;	14229

(h) Podiatrists authorized under Chapter 4731. of the Revised	14230
Code to practice podiatry;	14231

(i) Dietitians licensed under Chapter 4759. of the Revised	14232
Code;	14233

(j) Pharmacists licensed under Chapter 4729. of the Revised	14234
Code;	14235

(k) Emergency medical technicians-basic, emergency medical	14236
technicians-intermediate, and emergency medical	14237
technicians-paramedic, certified under Chapter 4765. of the	14238
Revised Code;	14239

(l) Respiratory care professionals licensed under Chapter	14240
4761. of the Revised Code;	14241

(m) Speech-language pathologists and audiologists licensed	14242
under Chapter 4753. of the Revised Code.	14243

(6) "Health care worker" means a person other than a health	14244
care professional who provides medical, dental, or other	14245
health-related care or treatment under the direction of a health	14246
care professional with the authority to direct that individual's	14247
activities, including medical technicians, medical assistants,	14248
dental assistants, orderlies, aides, and individuals acting in	14249
similar capacities.	14250

(7) "Indigent and uninsured person" means a person who meets	14251
all of the following requirements:	14252

(a) The person's income is not greater than two hundred per	14253
cent of the current poverty line as defined by the United States	14254
office of management and budget and revised in accordance with	14255
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	14256
95 Stat. 511, 42 U.S.C. 9902, as amended.	14257

(b) The person is not eligible to receive medical assistance	14258
under Chapter 5111.~~, disability medical assistance under Chapter~~	14259
~~5115.~~ of the Revised Code, or assistance under any other	14260
governmental health care program.	14261

14262

(i) The person is not a policyholder, certificate holder,	14263
insured, contract holder, subscriber, enrollee, member,	14264
beneficiary, or other covered individual under a health insurance	14265
or health care policy, contract, or plan.	14266

(ii) The person is a policyholder, certificate holder,	14267
insured, contract holder, subscriber, enrollee, member,	14268
beneficiary, or other covered individual under a health insurance	14269
or health care policy, contract, or plan, but the insurer, policy,	14270
contract, or plan denies coverage or is the subject of insolvency	14271
or bankruptcy proceedings in any jurisdiction.	14272

(8) "Nonprofit health care referral organization" means an	14273
entity that is not operated for profit and refers patients to, or	14274
arranges for the provision of, health-related diagnosis, care, or	14275
treatment by a health care professional or health care worker.	14276

(9) "Operation" means any procedure that involves cutting or	14277
otherwise infiltrating human tissue by mechanical means, including	14278
surgery, laser surgery, ionizing radiation, therapeutic	14279
ultrasound, or the removal of intraocular foreign bodies.	14280
"Operation" does not include the administration of medication by	14281
injection, unless the injection is administered in conjunction	14282
with a procedure infiltrating human tissue by mechanical means	14283
other than the administration of medicine by injection.	14284
"Operation" does not include routine dental restorative	14285
procedures, the scaling of teeth, or extractions of teeth that are	14286
not impacted.	14287

(10) "Tort action" means a civil action for damages for	14288
injury, death, or loss to person or property other than a civil	14289
action for damages for a breach of contract or another agreement	14290
between persons or government entities.	14291

(11) "Volunteer" means an individual who provides any	14292
medical, dental, or other health-care related diagnosis, care, or	14293
treatment without the expectation of receiving and without receipt	14294
of any compensation or other form of remuneration from an indigent	14295
and uninsured person, another person on behalf of an indigent and	14296
uninsured person, any health care facility or location, any	14297
nonprofit health care referral organization, or any other person	14298
or government entity.	14299

(12) "Community control sanction" has the same meaning as in	14300
section 2929.01 of the Revised Code.	14301

(13) "Deep sedation" means a drug-induced depression of	14302
consciousness during which a patient cannot be easily aroused but	14303
responds purposefully following repeated or painful stimulation, a	14304
patient's ability to independently maintain ventilatory function	14305
may be impaired, a patient may require assistance in maintaining a	14306
patent airway and spontaneous ventilation may be inadequate, and	14307
cardiovascular function is usually maintained.	14308

(14) "General anesthesia" means a drug-induced loss of	14309
consciousness during which a patient is not arousable, even by	14310
painful stimulation, the ability to independently maintain	14311
ventilatory function is often impaired, a patient often requires	14312
assistance in maintaining a patent airway, positive pressure	14313
ventilation may be required because of depressed spontaneous	14314
ventilation or drug-induced depression of neuromuscular function,	14315
and cardiovascular function may be impaired.	14316

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	14317
health care professional who is a volunteer and complies with	14318
division (B)(2) of this section is not liable in damages to any	14319
person or government entity in a tort or other civil action,	14320
including an action on a medical, dental, chiropractic,	14321
optometric, or other health-related claim, for injury, death, or	14322
loss to person or property that allegedly arises from an action or	14323
omission of the volunteer in the provision to an indigent and	14324
uninsured person of medical, dental, or other health-related	14325
diagnosis, care, or treatment, including the provision of samples	14326
of medicine and other medical products, unless the action or	14327
omission constitutes willful or wanton misconduct.	14328

(2) To qualify for the immunity described in division (B)(1)	14329
of this section, a health care professional shall do all of the	14330
following prior to providing diagnosis, care, or treatment:	14331

(a) Determine, in good faith, that the indigent and uninsured	14332
person is mentally capable of giving informed consent to the	14333
provision of the diagnosis, care, or treatment and is not subject	14334
to duress or under undue influence;	14335

(b) Inform the person of the provisions of this section,	14336
including notifying the person that, by giving informed consent to	14337
the provision of the diagnosis, care, or treatment, the person	14338
cannot hold the health care professional liable for damages in a	14339
tort or other civil action, including an action on a medical,	14340
dental, chiropractic, optometric, or other health-related claim,	14341
unless the action or omission of the health care professional	14342
constitutes willful or wanton misconduct;	14343

(c) Obtain the informed consent of the person and a written	14344
waiver, signed by the person or by another individual on behalf of	14345
and in the presence of the person, that states that the person is	14346
mentally competent to give informed consent and, without being	14347
subject to duress or under undue influence, gives informed consent	14348
to the provision of the diagnosis, care, or treatment subject to	14349
the provisions of this section. A written waiver under division	14350
(B)(2)(c) of this section shall state clearly and in conspicuous	14351
type that the person or other individual who signs the waiver is	14352
signing it with full knowledge that, by giving informed consent to	14353
the provision of the diagnosis, care, or treatment, the person	14354
cannot bring a tort or other civil action, including an action on	14355
a medical, dental, chiropractic, optometric, or other	14356
health-related claim, against the health care professional unless	14357
the action or omission of the health care professional constitutes	14358
willful or wanton misconduct.	14359

(3) A physician or podiatrist who is not covered by medical	14360
malpractice insurance, but complies with division (B)(2) of this	14361
section, is not required to comply with division (A) of section	14362
4731.143 of the Revised Code.	14363

(C) Subject to divisions (F) and (G)(3) of this section,	14364
health care workers who are volunteers are not liable in damages	14365
to any person or government entity in a tort or other civil	14366
action, including an action upon a medical, dental, chiropractic,	14367
optometric, or other health-related claim, for injury, death, or	14368
loss to person or property that allegedly arises from an action or	14369
omission of the health care worker in the provision to an indigent	14370
and uninsured person of medical, dental, or other health-related	14371
diagnosis, care, or treatment, unless the action or omission	14372
constitutes willful or wanton misconduct.	14373

(D) Subject to divisions (F) and (G)(3) of this section, a	14374
nonprofit health care referral organization is not liable in	14375
damages to any person or government entity in a tort or other	14376
civil action, including an action on a medical, dental,	14377
chiropractic, optometric, or other health-related claim, for	14378
injury, death, or loss to person or property that allegedly arises	14379
from an action or omission of the nonprofit health care referral	14380
organization in referring indigent and uninsured persons to, or	14381
arranging for the provision of, medical, dental, or other	14382
health-related diagnosis, care, or treatment by a health care	14383
professional described in division (B)(1) of this section or a	14384
health care worker described in division (C) of this section,	14385
unless the action or omission constitutes willful or wanton	14386
misconduct.	14387

(E) Subject to divisions (F) and (G)(3) of this section and	14388
to the extent that the registration requirements of section	14389
3701.071 of the Revised Code apply, a health care facility or	14390
location associated with a health care professional described in	14391
division (B)(1) of this section, a health care worker described in	14392
division (C) of this section, or a nonprofit health care referral	14393
organization described in division (D) of this section is not	14394
liable in damages to any person or government entity in a tort or	14395
other civil action, including an action on a medical, dental,	14396
chiropractic, optometric, or other health-related claim, for	14397
injury, death, or loss to person or property that allegedly arises	14398
from an action or omission of the health care professional or	14399
worker or nonprofit health care referral organization relative to	14400
the medical, dental, or other health-related diagnosis, care, or	14401
treatment provided to an indigent and uninsured person on behalf	14402
of or at the health care facility or location, unless the action	14403
or omission constitutes willful or wanton misconduct.	14404

(F)(1) Except as provided in division (F)(2) of this section,	14405
the immunities provided by divisions (B), (C), (D), and (E) of	14406
this section are not available to a health care professional,	14407
health care worker, nonprofit health care referral organization,	14408
or health care facility or location if, at the time of an alleged	14409
injury, death, or loss to person or property, the health care	14410
professionals or health care workers involved are providing one of	14411
the following:	14412

(a) Any medical, dental, or other health-related diagnosis,	14413
care, or treatment pursuant to a community service work order	14414
entered by a court under division (B) of section 2951.02 of the	14415
Revised Code or imposed by a court as a community control	14416
sanction;	14417

(b) Performance of an operation to which any one of the	14418
following applies:	14419

(i) The operation requires the administration of deep	14420
sedation or general anesthesia.	14421

(ii) The operation is a procedure that is not typically	14422
performed in an office.	14423

(iii) The individual involved is a health care professional,	14424
and the operation is beyond the scope of practice or the	14425
education, training, and competence, as applicable, of the health	14426
care professional.	14427

(c) Delivery of a baby or any other purposeful termination of	14428
a human pregnancy.	14429

(2) Division (F)(1) of this section does not apply when a	14430
health care professional or health care worker provides medical,	14431
dental, or other health-related diagnosis, care, or treatment that	14432
is necessary to preserve the life of a person in a medical	14433
emergency.	14434

(G)(1) This section does not create a new cause of action or	14435
substantive legal right against a health care professional, health	14436
care worker, nonprofit health care referral organization, or	14437
health care facility or location.	14438

(2) This section does not affect any immunities from civil	14439
liability or defenses established by another section of the	14440
Revised Code or available at common law to which a health care	14441
professional, health care worker, nonprofit health care referral	14442
organization, or health care facility or location may be entitled	14443
in connection with the provision of emergency or other medical,	14444
dental, or other health-related diagnosis, care, or treatment.	14445

(3) This section does not grant an immunity from tort or	14446
other civil liability to a health care professional, health care	14447
worker, nonprofit health care referral organization, or health	14448
care facility or location for actions that are outside the scope	14449
of authority of health care professionals or health care workers.	14450

(4) This section does not affect any legal responsibility of	14451
a health care professional, health care worker, or nonprofit	14452
health care referral organization to comply with any applicable	14453
law of this state or rule of an agency of this state.	14454

(5) This section does not affect any legal responsibility of	14455
a health care facility or location to comply with any applicable	14456
law of this state, rule of an agency of this state, or local code,	14457
ordinance, or regulation that pertains to or regulates building,	14458
housing, air pollution, water pollution, sanitation, health, fire,	14459
zoning, or safety.	14460

Sec. 2329.66. (A) Every person who is domiciled in this	14461
state may hold property exempt from execution, garnishment,	14462
attachment, or sale to satisfy a judgment or order, as follows:	14463

(1)(a) In the case of a judgment or order regarding money	14464
owed for health care services rendered or health care supplies	14465
provided to the person or a dependent of the person, one parcel or	14466
item of real or personal property that the person or a dependent	14467
of the person uses as a residence. Division (A)(1)(a) of this	14468
section does not preclude, affect, or invalidate the creation	14469
under this chapter of a judgment lien upon the exempted property	14470
but only delays the enforcement of the lien until the property is	14471
sold or otherwise transferred by the owner or in accordance with	14472
other applicable laws to a person or entity other than the	14473
surviving spouse or surviving minor children of the judgment	14474
debtor. Every person who is domiciled in this state may hold	14475
exempt from a judgment lien created pursuant to division (A)(1)(a)	14476
of this section the person's interest, not to exceed five thousand	14477
dollars, in the exempted property.	14478

(b) In the case of all other judgments and orders, the	14479
person's interest, not to exceed five thousand dollars, in one	14480
parcel or item of real or personal property that the person or a	14481
dependent of the person uses as a residence.	14482

(2) The person's interest, not to exceed one thousand	14483
dollars, in one motor vehicle;	14484

(3) The person's interest, not to exceed two hundred dollars	14485
in any particular item, in wearing apparel, beds, and bedding, and	14486
the person's interest, not to exceed three hundred dollars in each	14487
item, in one cooking unit and one refrigerator or other food	14488
preservation unit;	14489

(4)(a) The person's interest, not to exceed four hundred	14490
dollars, in cash on hand, money due and payable, money to become	14491
due within ninety days, tax refunds, and money on deposit with a	14492
bank, savings and loan association, credit union, public utility,	14493
landlord, or other person. Division (A)(4)(a) of this section	14494
applies only in bankruptcy proceedings. This exemption may include	14495
the portion of personal earnings that is not exempt under division	14496
(A)(13) of this section.	14497

(b) Subject to division (A)(4)(d) of this section, the	14498
person's interest, not to exceed two hundred dollars in any	14499
particular item, in household furnishings, household goods,	14500
appliances, books, animals, crops, musical instruments, firearms,	14501
and hunting and fishing equipment, that are held primarily for the	14502
personal, family, or household use of the person;	14503

(c) Subject to division (A)(4)(d) of this section, the	14504
person's interest in one or more items of jewelry, not to exceed	14505
four hundred dollars in one item of jewelry and not to exceed two	14506
hundred dollars in every other item of jewelry;	14507

(d) Divisions (A)(4)(b) and (c) of this section do not	14508
include items of personal property listed in division (A)(3) of	14509
this section.	14510

If the person does not claim an exemption under division	14511
(A)(1) of this section, the total exemption claimed under division	14512
(A)(4)(b) of this section shall be added to the total exemption	14513
claimed under division (A)(4)(c) of this section, and the total	14514
shall not exceed two thousand dollars. If the person claims an	14515
exemption under division (A)(1) of this section, the total	14516
exemption claimed under division (A)(4)(b) of this section shall	14517
be added to the total exemption claimed under division (A)(4)(c)	14518
of this section, and the total shall not exceed one thousand five	14519
hundred dollars.	14520

(5) The person's interest, not to exceed an aggregate of	14521
seven hundred fifty dollars, in all implements, professional	14522
books, or tools of the person's profession, trade, or business,	14523
including agriculture;	14524

(6)(a) The person's interest in a beneficiary fund set apart,	14525
appropriated, or paid by a benevolent association or society, as	14526
exempted by section 2329.63 of the Revised Code;	14527

(b) The person's interest in contracts of life or endowment	14528
insurance or annuities, as exempted by section 3911.10 of the	14529
Revised Code;	14530

(c) The person's interest in a policy of group insurance or	14531
the proceeds of a policy of group insurance, as exempted by	14532
section 3917.05 of the Revised Code;	14533

(d) The person's interest in money, benefits, charity,	14534
relief, or aid to be paid, provided, or rendered by a fraternal	14535
benefit society, as exempted by section 3921.18 of the Revised	14536
Code;	14537

(e) The person's interest in the portion of benefits under	14538
policies of sickness and accident insurance and in lump sum	14539
payments for dismemberment and other losses insured under those	14540
policies, as exempted by section 3923.19 of the Revised Code.	14541

(7) The person's professionally prescribed or medically	14542
necessary health aids;	14543

(8) The person's interest in a burial lot, including, but not	14544
limited to, exemptions under section 517.09 or 1721.07 of the	14545
Revised Code;	14546

(9) The person's interest in the following:

14547

(a) Moneys paid or payable for living maintenance or rights,	14548
as exempted by section 3304.19 of the Revised Code;	14549

(b) Workers' compensation, as exempted by section 4123.67 of	14550
the Revised Code;	14551

(c) Unemployment compensation benefits, as exempted by	14552
section 4141.32 of the Revised Code;	14553

(d) Cash assistance payments under the Ohio works first	14554
program, as exempted by section 5107.75 of the Revised Code;	14555

(e) Benefits and services under the prevention, retention,	14556
and contingency program, as exempted by section 5108.08 of the	14557
Revised Code;	14558

(f) Disability financial assistance payments, as exempted by	14559
section 5115.06 of the Revised Code.	14560

(10)(a) Except in cases in which the person was convicted of	14561
or pleaded guilty to a violation of section 2921.41 of the Revised	14562
Code and in which an order for the withholding of restitution from	14563
payments was issued under division (C)(2)(b) of that section or in	14564
cases in which an order for withholding was issued under section	14565
2907.15 of the Revised Code, and only to the extent provided in	14566
the order, and except as provided in sections 3105.171, 3105.63,	14567
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	14568
Code, the person's right to a pension, benefit, annuity,	14569
retirement allowance, or accumulated contributions, the person's	14570
right to a participant account in any deferred compensation	14571
program offered by the Ohio public employees deferred compensation	14572
board, a government unit, or a municipal corporation, or the	14573
person's other accrued or accruing rights, as exempted by section	14574
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	14575
the Revised Code, and the person's right to benefits from the Ohio	14576
public safety officers death benefit fund;	14577

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	14578
3121.03, and 3123.06 of the Revised Code, the person's right to	14579
receive a payment under any pension, annuity, or similar plan or	14580
contract, not including a payment from a stock bonus or	14581
profit-sharing plan or a payment included in division (A)(6)(b) or	14582
(10)(a) of this section, on account of illness, disability, death,	14583
age, or length of service, to the extent reasonably necessary for	14584
the support of the person and any of the person's dependents,	14585
except if all the following apply:	14586

(i) The plan or contract was established by or under the	14587
auspices of an insider that employed the person at the time the	14588
person's rights under the plan or contract arose.	14589

(ii) The payment is on account of age or length of service.

14590

(iii) The plan or contract is not qualified under the	14591
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	14592
amended.	14593

(c) Except for any portion of the assets that were deposited	14594
for the purpose of evading the payment of any debt and except as	14595
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	14596
3123.06 of the Revised Code, the person's right in the assets held	14597
in, or to receive any payment under, any individual retirement	14598
account, individual retirement annuity, "Roth IRA," or education	14599
individual retirement account that provides benefits by reason of	14600
illness, disability, death, or age, to the extent that the assets,	14601
payments, or benefits described in division (A)(10)(c) of this	14602
section are attributable to any of the following:	14603

(i) Contributions of the person that were less than or equal	14604
to the applicable limits on deductible contributions to an	14605
individual retirement account or individual retirement annuity in	14606
the year that the contributions were made, whether or not the	14607
person was eligible to deduct the contributions on the person's	14608
federal tax return for the year in which the contributions were	14609
made;	14610

(ii) Contributions of the person that were less than or equal	14611
to the applicable limits on contributions to a Roth IRA or	14612
education individual retirement account in the year that the	14613
contributions were made;	14614

(iii) Contributions of the person that are within the	14615
applicable limits on rollover contributions under subsections 219,	14616
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	14617
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	14618
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	14619

(d) Except for any portion of the assets that were deposited	14620
for the purpose of evading the payment of any debt and except as	14621
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	14622
3123.06 of the Revised Code, the person's right in the assets held	14623
in, or to receive any payment under, any Keogh or "H.R. 10" plan	14624
that provides benefits by reason of illness, disability, death, or	14625
age, to the extent reasonably necessary for the support of the	14626
person and any of the person's dependents.	14627

(11) The person's right to receive spousal support, child	14628
support, an allowance, or other maintenance to the extent	14629
reasonably necessary for the support of the person and any of the	14630
person's dependents;	14631

(12) The person's right to receive, or moneys received during	14632
the preceding twelve calendar months from, any of the following:	14633

(a) An award of reparations under sections 2743.51 to 2743.72	14634
of the Revised Code, to the extent exempted by division (D) of	14635
section 2743.66 of the Revised Code;	14636

(b) A payment on account of the wrongful death of an	14637
individual of whom the person was a dependent on the date of the	14638
individual's death, to the extent reasonably necessary for the	14639
support of the person and any of the person's dependents;	14640

(c) Except in cases in which the person who receives the	14641
payment is an inmate, as defined in section 2969.21 of the Revised	14642
Code, and in which the payment resulted from a civil action or	14643
appeal against a government entity or employee, as defined in	14644
section 2969.21 of the Revised Code, a payment, not to exceed five	14645
thousand dollars, on account of personal bodily injury, not	14646
including pain and suffering or compensation for actual pecuniary	14647
loss, of the person or an individual for whom the person is a	14648
dependent;	14649

(d) A payment in compensation for loss of future earnings of	14650
the person or an individual of whom the person is or was a	14651
dependent, to the extent reasonably necessary for the support of	14652
the debtor and any of the debtor's dependents.	14653

(13) Except as provided in sections 3119.80, 3119.81,	14654
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	14655
earnings of the person owed to the person for services in an	14656
amount equal to the greater of the following amounts:	14657

(a) If paid weekly, thirty times the current federal minimum	14658
hourly wage; if paid biweekly, sixty times the current federal	14659
minimum hourly wage; if paid semimonthly, sixty-five times the	14660
current federal minimum hourly wage; or if paid monthly, one	14661
hundred thirty times the current federal minimum hourly wage that	14662
is in effect at the time the earnings are payable, as prescribed	14663
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	14664
U.S.C. 206(a)(1), as amended;	14665

(b) Seventy-five per cent of the disposable earnings owed to	14666
the person.	14667

(14) The person's right in specific partnership property, as	14668
exempted by division (B)(3) of section 1775.24 of the Revised	14669
Code;	14670

(15) A seal and official register of a notary public, as	14671
exempted by section 147.04 of the Revised Code;	14672

(16) The person's interest in a tuition ~~credit~~unit or a	14673
payment under section 3334.09 of the Revised Code pursuant to a	14674
tuition ~~credit~~payment contract, as exempted by section 3334.15 of	14675
the Revised Code;	14676

(17) Any other property that is specifically exempted from	14677
execution, attachment, garnishment, or sale by federal statutes	14678
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	14679
U.S.C.A. 101, as amended;	14680

(18) The person's interest, not to exceed four hundred	14681
dollars, in any property, except that division (A)(18) of this	14682
section applies only in bankruptcy proceedings.	14683

(B) As used in this section:

14684

(1) "Disposable earnings" means net earnings after the	14685
garnishee has made deductions required by law, excluding the	14686
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	14687
3121.03, or 3123.06 of the Revised Code.	14688

(2) "Insider" means:

14689

(a) If the person who claims an exemption is an individual, a	14690
relative of the individual, a relative of a general partner of the	14691
individual, a partnership in which the individual is a general	14692
partner, a general partner of the individual, or a corporation of	14693
which the individual is a director, officer, or in control;	14694

(b) If the person who claims an exemption is a corporation, a	14695
director or officer of the corporation; a person in control of the	14696
corporation; a partnership in which the corporation is a general	14697
partner; a general partner of the corporation; or a relative of a	14698
general partner, director, officer, or person in control of the	14699
corporation;	14700

(c) If the person who claims an exemption is a partnership, a	14701
general partner in the partnership; a general partner of the	14702
partnership; a person in control of the partnership; a partnership	14703
in which the partnership is a general partner; or a relative in, a	14704
general partner of, or a person in control of the partnership;	14705

(d) An entity or person to which or whom any of the following	14706
applies:	14707

(i) The entity directly or indirectly owns, controls, or	14708
holds with power to vote, twenty per cent or more of the	14709
outstanding voting securities of the person who claims an	14710
exemption, unless the entity holds the securities in a fiduciary	14711
or agency capacity without sole discretionary power to vote the	14712
securities or holds the securities solely to secure to debt and	14713
the entity has not in fact exercised the power to vote.	14714

(ii) The entity is a corporation, twenty per cent or more of	14715
whose outstanding voting securities are directly or indirectly	14716
owned, controlled, or held with power to vote, by the person who	14717
claims an exemption or by an entity to which division (B)(2)(d)(i)	14718
of this section applies.	14719

(iii) A person whose business is operated under a lease or	14720
operating agreement by the person who claims an exemption, or a	14721
person substantially all of whose business is operated under an	14722
operating agreement with the person who claims an exemption.	14723

(iv) The entity operates the business or all or substantially	14724
all of the property of the person who claims an exemption under a	14725
lease or operating agreement.	14726

(e) An insider, as otherwise defined in this section, of a	14727
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	14728
(iv) of this section applies, as if the person or entity were a	14729
person who claims an exemption;	14730

(f) A managing agent of the person who claims an exemption.

14731

(3) "Participant account" has the same meaning as in section	14732
148.01 of the Revised Code.	14733

(4) "Government unit" has the same meaning as in section	14734
148.06 of the Revised Code.	14735

(C) For purposes of this section, "interest" shall be	14736
determined as follows:	14737

(1) In bankruptcy proceedings, as of the date a petition is	14738
filed with the bankruptcy court commencing a case under Title 11	14739
of the United States Code;	14740

(2) In all cases other than bankruptcy proceedings, as of the	14741
date of an appraisal, if necessary under section 2329.68 of the	14742
Revised Code, or the issuance of a writ of execution.	14743

An interest, as determined under division (C)(1) or (2) of	14744
this section, shall not include the amount of any lien otherwise	14745
valid pursuant to section 2329.661 of the Revised Code.	14746

Sec. 2744.05. Notwithstanding any other provisions of the	14747
Revised Code or rules of a court to the contrary, in an action	14748
against a political subdivision to recover damages for injury,	14749
death, or loss to person or property caused by an act or omission	14750
in connection with a governmental or proprietary function:	14751

(A) Punitive or exemplary damages shall not be awarded.

14752

(B)(1) If a claimant receives or is entitled to receive	14753
benefits for injuries or loss allegedly incurred from a policy or	14754
policies of insurance or any other source, the benefits shall be	14755
disclosed to the court, and the amount of the benefits shall be	14756
deducted from any award against a political subdivision recovered	14757
by that claimant. No insurer or other person is entitled to bring	14758
an action under a subrogation provision in an insurance or other	14759
contract against a political subdivision with respect to those	14760
benefits.	14761

The amount of the benefits shall be deducted from an award	14762
against a political subdivision under division (B)(1) of this	14763
section regardless of whether the claimant may be under an	14764
obligation to pay back the benefits upon recovery, in whole or in	14765
part, for the claim. A claimant whose benefits have been deducted	14766
from an award under division (B)(1) of this section is not	14767
considered fully compensated and shall not be required to	14768
reimburse a subrogated claim for benefits deducted from an award	14769
pursuant to division (B)(1) of this section.	14770

(2) Nothing in division (B)(1) of this section shall be	14771
construed to do either of the following:	14772

(a) Limit the rights of a beneficiary under a life insurance	14773
policy or the rights of sureties under fidelity or surety bonds;	14774

(b) Prohibit the department of job and family services from	14775
recovering from the political subdivision, pursuant to section	14776
5101.58 of the Revised Code, the cost of medical assistance	14777
benefits provided under Chapter 5107.,or 5111.~~, or 5115.~~ of the	14778
Revised Code.	14779

(C)(1) There shall not be any limitation on compensatory	14780
damages that represent the actual loss of the person who is	14781
awarded the damages. However, except in wrongful death actions	14782
brought pursuant to Chapter 2125. of the Revised Code, damages	14783
that arise from the same cause of action, transaction or	14784
occurrence, or series of transactions or occurrences and that do	14785
not represent the actual loss of the person who is awarded the	14786
damages shall not exceed two hundred fifty thousand dollars in	14787
favor of any one person. The limitation on damages that do not	14788
represent the actual loss of the person who is awarded the damages	14789
provided in this division does not apply to court costs that are	14790
awarded to a plaintiff, or to interest on a judgment rendered in	14791
favor of a plaintiff, in an action against a political	14792
subdivision.	14793

(2) As used in this division, "the actual loss of the person	14794
who is awarded the damages" includes all of the following:	14795

(a) All wages, salaries, or other compensation lost by the	14796
person injured as a result of the injury, including wages,	14797
salaries, or other compensation lost as of the date of a judgment	14798
and future expected lost earnings of the person injured;	14799

(b) All expenditures of the person injured or another person	14800
on behalf of the person injured for medical care or treatment, for	14801
rehabilitation services, or for other care, treatment, services,	14802
products, or accommodations that were necessary because of the	14803
injury;	14804

(c) All expenditures to be incurred in the future, as	14805
determined by the court, by the person injured or another person	14806
on behalf of the person injured for medical care or treatment, for	14807
rehabilitation services, or for other care, treatment, services,	14808
products, or accommodations that will be necessary because of the	14809
injury;	14810

(d) All expenditures of a person whose property was injured	14811
or destroyed or of another person on behalf of the person whose	14812
property was injured or destroyed in order to repair or replace	14813
the property that was injured or destroyed;	14814

(e) All expenditures of the person injured or of the person	14815
whose property was injured or destroyed or of another person on	14816
behalf of the person injured or of the person whose property was	14817
injured or destroyed in relation to the actual preparation or	14818
presentation of the claim involved;	14819

(f) Any other expenditures of the person injured or of the	14820
person whose property was injured or destroyed or of another	14821
person on behalf of the person injured or of the person whose	14822
property was injured or destroyed that the court determines	14823
represent an actual loss experienced because of the personal or	14824
property injury or property loss.	14825

"The actual loss of the person who is awarded the damages"	14826
does not include any fees paid or owed to an attorney for any	14827
services rendered in relation to a personal or property injury or	14828
property loss, and does not include any damages awarded for pain	14829
and suffering, for the loss of society, consortium, companionship,	14830
care, assistance, attention, protection, advice, guidance,	14831
counsel, instruction, training, or education of the person	14832
injured, for mental anguish, or for any other intangible loss.	14833

Sec. 2901.07. (A) As used in this section:

14834

(1) "DNA analysis" and "DNA specimen" have the same meanings	14835
as in section 109.573 of the Revised Code.	14836

(2) "Jail" and "community-based correctional facility" have	14837
the same meanings as in section 2929.01 of the Revised Code.	14838

(3) "Post-release control" has the same meaning as in section	14839
2967.01 of the Revised Code.	14840

(B)(1) A person who is convicted of or pleads guilty to a	14841
felony offense listed in division (D) of this section and who is	14842
sentenced to a prison term or to a community residential sanction	14843
in a jail or community-based correctional facility pursuant to	14844
section 2929.16 of the Revised Code, and a person who is convicted	14845
of or pleads guilty to a misdemeanor offense listed in division	14846
(D) of this section and who is sentenced to a term of imprisonment	14847
shall submit to a DNA specimen collection procedure administered	14848
by the director of rehabilitation and correction or the chief	14849
administrative officer of the jail or other detention facility in	14850
which the person is serving the term of imprisonment. If the	14851
person serves the prison term in a state correctional institution,	14852
the director of rehabilitation and correction shall cause the DNA	14853
specimen to be collected from the person during the intake process	14854
at the reception facility designated by the director. If the	14855
person serves the community residential sanction or term of	14856
imprisonment in a jail, a community-based correctional facility,	14857
or another county, multicounty, municipal, municipal-county, or	14858
multicounty-municipal detention facility, the chief administrative	14859
officer of the jail, community-based correctional facility, or	14860
detention facility shall cause the DNA specimen to be collected	14861
from the person during the intake process at the jail,	14862
community-based correctional facility, or detention facility. In	14863
accordance with division (C) of this section, the director or the	14864
chief administrative officer shall cause the DNA specimen to be	14865
forwarded to the bureau of criminal identification and	14866
investigation no later than fifteen days after the date of the	14867
collection of the DNA specimen. The DNA specimen shall be	14868
collected in accordance with division (C) of this section.	14869

(2) If a person is convicted of or pleads guilty to an	14870
offense listed in division (D) of this section, is serving a	14871
prison term, community residential sanction, or term of	14872
imprisonment for that offense, and does not provide a DNA specimen	14873
pursuant to division (B)(1) of this section, prior to the person's	14874
release from the prison term, community residential sanction, or	14875
imprisonment, the person shall submit to, and the director of	14876
rehabilitation and correction or the chief administrative officer	14877
of the jail, community-based correctional facility, or detention	14878
facility in which the person is serving the prison term, community	14879
residential sanction, or term of imprisonment shall administer, a	14880
DNA specimen collection procedure at the state correctional	14881
institution, jail, community-based correctional facility, or	14882
detention facility in which the person is serving the prison term,	14883
community residential sanction, or term of imprisonment. In	14884
accordance with division (C) of this section, the director or the	14885
chief administrative officer shall cause the DNA specimen to be	14886
forwarded to the bureau of criminal identification and	14887
investigation no later than fifteen days after the date of the	14888
collection of the DNA specimen. The DNA specimen shall be	14889
collected in accordance with division (C) of this section.	14890

(3) If a person sentenced to a term of imprisonment or	14891
serving a prison term or community residential sanction for	14892
committing an offense listed in division (D) of this section is on	14893
probation, is released on parole, under transitional control, or	14894
on another type of release, or is on post-release control, if the	14895
person is under the supervision of a probation department or the	14896
adult parole authority, if the person is sent to jail or is	14897
returned to a jail, community-based correctional facility, or	14898
state correctional institution for a violation of the terms and	14899
conditions of the probation, parole, transitional control, other	14900
release, or post-release control, if the person was or will be	14901
serving a term of imprisonment, prison term, or community	14902
residential sanction for committing an offense listed in division	14903
(D) of this section, and if the person did not provide a DNA	14904
specimen pursuant to division (B)(1) or (2) of this section, the	14905
person shall submit to, and the director of rehabilitation and	14906
correction or the chief administrative officer of the jail or	14907
community-based correctional facility shall administer, a DNA	14908
specimen collection procedure at the jail, community-based	14909
correctional facility, or state correctional institution in which	14910
the person is serving the term of imprisonment, prison term, or	14911
community residential sanction. In accordance with division (C) of	14912
this section, the director or the chief administrative officer	14913
shall cause the DNA specimen to be forwarded to the bureau of	14914
criminal identification and investigation no later than fifteen	14915
days after the date of the collection of the DNA specimen. The DNA	14916
specimen shall be collected from the person in accordance with	14917
division (C) of this section.	14918

(C) If the DNA specimen is collected by withdrawing blood	14919
from the person or a similarly invasive procedure, a physician,	14920
registered nurse, licensed practical nurse, duly licensed clinical	14921
laboratory technician, or other qualified medical practitioner	14922
shall collect in a medically approved manner the DNA specimen	14923
required to be collected pursuant to division (B) of this section.	14924
If the DNA specimen is collected by swabbing for buccal cells or a	14925
similarly noninvasive procedure, this section does not require	14926
that the DNA specimen be collected by a qualified medical	14927
practitioner of that nature. No later than fifteen days after the	14928
date of the collection of the DNA specimen, the director of	14929
rehabilitation and correction or the chief administrative officer	14930
of the jail, community-based correctional facility, or other	14931
county, multicounty, municipal, municipal-county, or	14932
multicounty-municipal detention facility, in which the person is	14933
serving the prison term, community residential sanction, or term	14934
of imprisonment shall cause the DNA specimen to be forwarded to	14935
the bureau of criminal identification and investigation in	14936
accordance with procedures established by the superintendent of	14937
the bureau under division (H) of section 109.573 of the Revised	14938
Code. The bureau shall provide the specimen vials, mailing tubes,	14939
labels, postage, and instructions needed for the collection and	14940
forwarding of the DNA specimen to the bureau.	14941

(D) The director of rehabilitation and correction and the	14942
chief administrative officer of the jail, community-based	14943
correctional facility, or other county, multicounty, municipal,	14944
municipal-county, or multicounty-municipal detention facility	14945
shall cause a DNA specimen to be collected in accordance with	14946
divisions (B) and (C) of this section from a person in its custody	14947
who is convicted of or pleads guilty to any of the following	14948
offenses:	14949

(1) A violation of section 2903.01, 2903.02, 2903.11,	14950
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2911.01, 2911.02,	14951
2911.11, or 2911.12 of the Revised Code;	14952

(2) A violation of section 2907.12 of the Revised Code as it	14953
existed prior to September 3, 1996;	14954

(3) An attempt to commit a violation of section 2903.01,	14955
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code	14956
or to commit a violation of section 2907.12 of the Revised Code as	14957
it existed prior to September 3, 1996;	14958

(4) A violation of any law that arose out of the same facts	14959
and circumstances and same act as did a charge against the person	14960
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	14961
2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that	14962
previously was dismissed or amended or as did a charge against the	14963
person of a violation of section 2907.12 of the Revised Code as it	14964
existed prior to September 3, 1996, that previously was dismissed	14965
or amended;	14966

(5) A violation of section 2905.02 or 2919.23 of the Revised	14967
Code that would have been a violation of section 2905.04 of the	14968
Revised Code as it existed prior to July 1, 1996, had it been	14969
committed prior to that date;	14970

(6) A sexually oriented offense or a child-victim oriented	14971
offense, both as defined in section 2950.01 of the Revised Code,	14972
if, in relation to that offense, the offender has been adjudicated	14973
a sexual predator or a child-victim predator, both as defined in	14974
section 2950.01 of the Revised Code;	14975

(7) A felony violation of any law that arose out of the same	14976
facts and circumstances and same act as did a charge against the	14977
person of a violation of section 2903.11, 2911.01, 2911.02, or	14978
2911.12 of the Revised Code that previously was dismissed or	14979
amended;	14980

(8) A conspiracy to commit a violation of section 2903.01,	14981
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	14982
Revised Code;	14983

(9) Complicity in committing a violation of section 2903.01,	14984
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	14985
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	14986
violation of section 2907.12 of the Revised Code as it existed	14987
prior to September 3, 1996.	14988

(E) The director of rehabilitation and correction or a chief	14989
administrative officer of a jail, community-based correctional	14990
facility, or other detention facility described in division (B) of	14991
this section in relation to the following offenses is not required	14992
to comply with this section until the superintendent of the bureau	14993
of criminal identification and investigation gives agencies in the	14994
criminal justice system, as defined in section ~~181.51~~5502.61 of	14995
the Revised Code, in the state official notification that the	14996
state DNA laboratory is prepared to accept DNA specimens of that	14997
nature:	14998

(1) A violation of section 2903.11, 2911.01, 2911.02, or	14999
2911.12 of the Revised Code;	15000

(2) An attempt to commit a violation of section 2903.01 or	15001
2903.02 of the Revised Code;	15002

(3) A felony violation of any law that arose out of the same	15003
facts and circumstances and same act as did a charge against the	15004
person of a violation of section 2903.11, 2911.01, 2911.02, or	15005
2911.12 of the Revised Code that previously was dismissed or	15006
amended;	15007

(4) A conspiracy to commit a violation of section 2903.01,	15008
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	15009
Revised Code;	15010

(5) Complicity in committing a violation of section 2903.01,	15011
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	15012
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	15013
violation of section 2907.12 of the Revised Code as it existed	15014
prior to September 3, 1996.	15015

Sec. 2913.40. (A) As used in this section:

15016

(1) "Statement or representation" means any oral, written,	15017
electronic, electronic impulse, or magnetic communication that is	15018
used to identify an item of goods or a service for which	15019
reimbursement may be made under the medical assistance program or	15020
that states income and expense and is or may be used to determine	15021
a rate of reimbursement under the medical assistance program.	15022

(2) "Medical assistance program" means the program	15023
established by the department of job and family services to	15024
provide medical assistance under section 5111.01 of the Revised	15025
Code and the medicaid program of Title XIX of the "Social Security	15026
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	15027

(3) "Provider" means any person who has signed a provider	15028
agreement with the department of job and family services to	15029
provide goods or services pursuant to the medical assistance	15030
program or any person who has signed an agreement with a party to	15031
such a provider agreement under which the person agrees to provide	15032
goods or services that are reimbursable under the medical	15033
assistance program.	15034

(4) "Provider agreement" means an oral or written agreement	15035
between the department of job and family services and a person in	15036
which the person agrees to provide goods or services under the	15037
medical assistance program.	15038

(5) "Recipient" means any individual who receives goods or	15039
services from a provider under the medical assistance program.	15040

(6) "Records" means any medical, professional, financial, or	15041
business records relating to the treatment or care of any	15042
recipient, to goods or services provided to any recipient, or to	15043
rates paid for goods or services provided to any recipient and any	15044
records that are required by the rules of the director of job and	15045
family services to be kept for the medical assistance program.	15046

(B) No person shall knowingly make or cause to be made a	15047
false or misleading statement or representation for use in	15048
obtaining reimbursement from the medical assistance program.	15049

(C) No person, with purpose to commit fraud or knowing that	15050
the person is facilitating a fraud, shall do either of the	15051
following:	15052

(1) Contrary to the terms of the person's provider agreement,	15053
charge, solicit, accept, or receive for goods or services that the	15054
person provides under the medical assistance program any property,	15055
money, or other consideration in addition to the amount of	15056
reimbursement under the medical assistance program and the	15057
person's provider agreement for the goods or services and any	15058
deductibles or co-payments authorized by ~~rules adopted under~~	15059
section 5111.0112 of the Revised Code or ~~by any~~ rules adopted	15060
pursuant to ~~that~~ section 5111.01, 5111.011, or 5111.02 of the	15061
Revised Code.	15062

(2) Solicit, offer, or receive any remuneration, other than	15063
any deductibles or co-payments authorized by section 5111.0112 of	15064
the Revised Code or rules adopted under section ~~5111.0112~~5111.01,	15065
5111.011, or 5111.02 of the Revised Code ~~or by any rules adopted~~	15066
~~pursuant to that section~~, in cash or in kind, including, but not	15067
limited to, a kickback or rebate, in connection with the	15068
furnishing of goods or services for which whole or partial	15069
reimbursement is or may be made under the medical assistance	15070
program.	15071

(D) No person, having submitted a claim for or provided goods	15072
or services under the medical assistance program, shall do either	15073
of the following for a period of at least six years after a	15074
reimbursement pursuant to that claim, or a reimbursement for those	15075
goods or services, is received under the medical assistance	15076
program:	15077

(1) Knowingly alter, falsify, destroy, conceal, or remove any	15078
records that are necessary to fully disclose the nature of all	15079
goods or services for which the claim was submitted, or for which	15080
reimbursement was received, by the person;	15081

(2) Knowingly alter, falsify, destroy, conceal, or remove any	15082
records that are necessary to disclose fully all income and	15083
expenditures upon which rates of reimbursements were based for the	15084
person.	15085

(E) Whoever violates this section is guilty of medicaid	15086
fraud. Except as otherwise provided in this division, medicaid	15087
fraud is a misdemeanor of the first degree. If the value of	15088
property, services, or funds obtained in violation of this section	15089
is five hundred dollars or more and is less than five thousand	15090
dollars, medicaid fraud is a felony of the fifth degree. If the	15091
value of property, services, or funds obtained in violation of	15092
this section is five thousand dollars or more and is less than one	15093
hundred thousand dollars, medicaid fraud is a felony of the fourth	15094
degree. If the value of the property, services, or funds obtained	15095
in violation of this section is one hundred thousand dollars or	15096
more, medicaid fraud is a felony of the third degree.	15097

(F) Upon application of the governmental agency, office, or	15098
other entity that conducted the investigation and prosecution in a	15099
case under this section, the court shall order any person who is	15100
convicted of a violation of this section for receiving any	15101
reimbursement for furnishing goods or services under the medical	15102
assistance program to which the person is not entitled to pay to	15103
the applicant its cost of investigating and prosecuting the case.	15104
The costs of investigation and prosecution that a defendant is	15105
ordered to pay pursuant to this division shall be in addition to	15106
any other penalties for the receipt of that reimbursement that are	15107
provided in this section, section 5111.03 of the Revised Code, or	15108
any other provision of law.	15109

(G) The provisions of this section are not intended to be	15110
exclusive remedies and do not preclude the use of any other	15111
criminal or civil remedy for any act that is in violation of this	15112
section.	15113

Sec. 2919.22. (A) No person, who is the parent, guardian,	15114
custodian, person having custody or control, or person in loco	15115
parentis of a child under eighteen years of age or a mentally or	15116
physically handicapped child under twenty-one years of age, shall	15117
create a substantial risk to the health or safety of the child, by	15118
violating a duty of care, protection, or support. It is not a	15119
violation of a duty of care, protection, or support under this	15120
division when the parent, guardian, custodian, or person having	15121
custody or control of a child treats the physical or mental	15122
illness or defect of the child by spiritual means through prayer	15123
alone, in accordance with the tenets of a recognized religious	15124
body.	15125

(B) No person shall do any of the following to a child under	15126
eighteen years of age or a mentally or physically handicapped	15127
child under twenty-one years of age:	15128

(1) Abuse the child;

15129

(2) Torture or cruelly abuse the child;

15130

(3) Administer corporal punishment or other physical	15131
disciplinary measure, or physically restrain the child in a cruel	15132
manner or for a prolonged period, which punishment, discipline, or	15133
restraint is excessive under the circumstances and creates a	15134
substantial risk of serious physical harm to the child;	15135

(4) Repeatedly administer unwarranted disciplinary measures	15136
to the child, when there is a substantial risk that such conduct,	15137
if continued, will seriously impair or retard the child's mental	15138
health or development;	15139

(5) Entice, coerce, permit, encourage, compel, hire, employ,	15140
use, or allow the child to act, model, or in any other way	15141
participate in, or be photographed for, the production,	15142
presentation, dissemination, or advertisement of any material or	15143
performance that the offender knows or reasonably should know is	15144
obscene, is sexually oriented matter, or is nudity-oriented	15145
matter;	15146

(6) Allow the child to be on the same parcel of real property	15147
and within one hundred feet of, or, in the case of more than one	15148
housing unit on the same parcel of real property, in the same	15149
housing unit and within one hundred feet of, any act in violation	15150
of section 2925.04 or 2925.041 of the Revised Code when the person	15151
knows that the act is occurring, whether or not any person is	15152
prosecuted for or convicted of the violation of section 2925.04 or	15153
2925.041 of the Revised Code that is the basis of the violation of	15154
this division;	15155

(7) Possess or use methampetamine in the presence of the	15156
child or possess in the presence of the child an ephedrine	15157
product, phenylpropanolamine product, pseudoephedrine product, or	15158
combination of those products in an amount in excess of six grams	15159
of the product or combination of those products.	15160

(C)(1) No person shall operate a vehicle, streetcar, or	15161
trackless trolley within this state in violation of division (A)	15162
of section 4511.19 of the Revised Code when one or more children	15163
under eighteen years of age are in the vehicle, streetcar, or	15164
trackless trolley. Notwithstanding any other provision of law, a	15165
person may be convicted at the same trial or proceeding of a	15166
violation of this division and a violation of division (A) of	15167
section 4511.19 of the Revised Code that constitutes the basis of	15168
the charge of the violation of this division. For purposes of	15169
sections 4511.191 to 4511.197 of the Revised Code and all related	15170
provisions of law, a person arrested for a violation of this	15171
division shall be considered to be under arrest for operating a	15172
vehicle while under the influence of alcohol, a drug of abuse, or	15173
a combination of them or for operating a vehicle with a prohibited	15174
concentration of alcohol in the whole blood, blood serum or	15175
plasma, breath, or urine.	15176

(2) As used in division (C)(1) of this section, "vehicle,"	15177
"streetcar," and "trackless trolley" have the same meanings as in	15178
section 4511.01 of the Revised Code.	15179

(D)(1) Division (B)(5) of this section does not apply to any	15180
material or performance that is produced, presented, or	15181
disseminated for a bona fide medical, scientific, educational,	15182
religious, governmental, judicial, or other proper purpose, by or	15183
to a physician, psychologist, sociologist, scientist, teacher,	15184
person pursuing bona fide studies or research, librarian, member	15185
of the clergy, prosecutor, judge, or other person having a proper	15186
interest in the material or performance.	15187

(2) Mistake of age is not a defense to a charge under	15188
division (B)(5) of this section.	15189

(3) In a prosecution under division (B)(5) of this section,	15190
the trier of fact may infer that an actor, model, or participant	15191
in the material or performance involved is a juvenile if the	15192
material or performance, through its title, text, visual	15193
representation, or otherwise, represents or depicts the actor,	15194
model, or participant as a juvenile.	15195

(4) As used in this division and division (B)(5) of this	15196
section:	15197

(a) "Material," "performance," "obscene," and "sexual	15198
activity" have the same meanings as in section 2907.01 of the	15199
Revised Code.	15200

(b) "Nudity-oriented matter" means any material or	15201
performance that shows a minor in a state of nudity and that,	15202
taken as a whole by the average person applying contemporary	15203
community standards, appeals to prurient interest.	15204

(c) "Sexually oriented matter" means any material or	15205
performance that shows a minor participating or engaging in sexual	15206
activity, masturbation, or bestiality.	15207

(E)(1) Whoever violates this section is guilty of endangering	15208
children.	15209

(2) If the offender violates division (A) or (B)(1) of this	15210
section, endangering children is one of the following:	15211

(a) Except as otherwise provided in division (E)(2)(b), (c),	15212
or (d) of this section, a misdemeanor of the first degree;	15213

(b) If the offender previously has been convicted of an	15214
offense under this section or of any offense involving neglect,	15215
abandonment, contributing to the delinquency of, or physical abuse	15216
of a child, except as otherwise provided in division (E)(2)(c) or	15217
(d) of this section, a felony of the fourth degree;	15218

(c) If the violation is a violation of division (A) of this	15219
section and results in serious physical harm to the child	15220
involved, a felony of the third degree;	15221

(d) If the violation is a violation of division (B)(1) of	15222
this section and results in serious physical harm to the child	15223
involved, a felony of the second degree.	15224

(3) If the offender violates division (B)(2), (3), (4), or	15225
(6) of this section, except as otherwise provided in this	15226
division, endangering children is a felony of the third degree. If	15227
the violation results in serious physical harm to the child	15228
involved, or if the offender previously has been convicted of an	15229
offense under this section or of any offense involving neglect,	15230
abandonment, contributing to the delinquency of, or physical abuse	15231
of a child, endangering children is a felony of the second degree.	15232

(4) If the offender violates division (B)(5) of this section,	15233
endangering children is a felony of the second degree.	15234

(5) If the offender violates division (B)(7) of this section,	15235
endangering children is a felony of the fourth degree.	15236

(6) If the offender violates division (C) of this section,	15237
the offender shall be punished as follows:	15238

(a) Except as otherwise provided in division (E)~~(5)~~(6)(b) or	15239
(c) of this section, endangering children in violation of division	15240
(C) of this section is a misdemeanor of the first degree.	15241

(b) If the violation results in serious physical harm to the	15242
child involved or the offender previously has been convicted of an	15243
offense under this section or any offense involving neglect,	15244
abandonment, contributing to the delinquency of, or physical abuse	15245
of a child, except as otherwise provided in division (E)~~(5)~~(6)(c)	15246
of this section, endangering children in violation of division (C)	15247
of this section is a felony of the fifth degree.	15248

(c) If the violation results in serious physical harm to the	15249
child involved and if the offender previously has been convicted	15250
of a violation of division (C) of this section, section 2903.06 or	15251
2903.08 of the Revised Code, section 2903.07 of the Revised Code	15252
as it existed prior to March 23, 2000, or section 2903.04 of the	15253
Revised Code in a case in which the offender was subject to the	15254
sanctions described in division (D) of that section, endangering	15255
children in violation of division (C) of this section is a felony	15256
of the fourth degree.	15257

(d) In addition to any term of imprisonment, fine, or other	15258
sentence, penalty, or sanction it imposes upon the offender	15259
pursuant to division (E)~~(5)~~(6)(a), (b), or (c) of this section or	15260
pursuant to any other provision of law and in addition to any	15261
suspension of the offender's driver's or commercial driver's	15262
license or permit or nonresident operating privilege under Chapter	15263
4506., 4509., 4510., or 4511. of the Revised Code or under any	15264
other provision of law, the court also may impose upon the	15265
offender a class seven suspension of the offender's driver's or	15266
commercial driver's license or permit or nonresident operating	15267
privilege from the range specified in division (A)(7) of section	15268
4510.02 of the Revised Code.	15269

(e) In addition to any term of imprisonment, fine, or other	15270
sentence, penalty, or sanction imposed upon the offender pursuant	15271
to division (E)~~(5)~~(6)(a), (b), (c), or (d) of this section or	15272
pursuant to any other provision of law for the violation of	15273
division (C) of this section, if as part of the same trial or	15274
proceeding the offender also is convicted of or pleads guilty to a	15275
separate charge charging the violation of division (A) of section	15276
4511.19 of the Revised Code that was the basis of the charge of	15277
the violation of division (C) of this section, the offender also	15278
shall be sentenced in accordance with section 4511.19 of the	15279
Revised Code for that violation of division (A) of section 4511.19	15280
of the Revised Code.	15281

(F)(1)(a) A court may require an offender to perform not more	15282
than two hundred hours of supervised community service work under	15283
the authority of an agency, subdivision, or charitable	15284
organization. The requirement shall be part of the community	15285
control sanction or sentence of the offender, and the court shall	15286
impose the community service in accordance with and subject to	15287
divisions (F)(1)(a) and (b) of this section. The court may require	15288
an offender whom it requires to perform supervised community	15289
service work as part of the offender's community control sanction	15290
or sentence to pay the court a reasonable fee to cover the costs	15291
of the offender's participation in the work, including, but not	15292
limited to, the costs of procuring a policy or policies of	15293
liability insurance to cover the period during which the offender	15294
will perform the work. If the court requires the offender to	15295
perform supervised community service work as part of the	15296
offender's community control sanction or sentence, the court shall	15297
do so in accordance with the following limitations and criteria:	15298

(i) The court shall require that the community service work	15299
be performed after completion of the term of imprisonment or jail	15300
term imposed upon the offender for the violation of division (C)	15301
of this section, if applicable.	15302

(ii) The supervised community service work shall be subject	15303
to the limitations set forth in divisions (B)(1), (2), and (3) of	15304
section 2951.02 of the Revised Code.	15305

(iii) The community service work shall be supervised in the	15306
manner described in division (B)(4) of section 2951.02 of the	15307
Revised Code by an official or person with the qualifications	15308
described in that division. The official or person periodically	15309
shall report in writing to the court concerning the conduct of the	15310
offender in performing the work.	15311

(iv) The court shall inform the offender in writing that if	15312
the offender does not adequately perform, as determined by the	15313
court, all of the required community service work, the court may	15314
order that the offender be committed to a jail or workhouse for a	15315
period of time that does not exceed the term of imprisonment that	15316
the court could have imposed upon the offender for the violation	15317
of division (C) of this section, reduced by the total amount of	15318
time that the offender actually was imprisoned under the sentence	15319
or term that was imposed upon the offender for that violation and	15320
by the total amount of time that the offender was confined for any	15321
reason arising out of the offense for which the offender was	15322
convicted and sentenced as described in sections 2949.08 and	15323
2967.191 of the Revised Code, and that, if the court orders that	15324
the offender be so committed, the court is authorized, but not	15325
required, to grant the offender credit upon the period of the	15326
commitment for the community service work that the offender	15327
adequately performed.	15328

(b) If a court, pursuant to division (F)(1)(a) of this	15329
section, orders an offender to perform community service work as	15330
part of the offender's community control sanction or sentence and	15331
if the offender does not adequately perform all of the required	15332
community service work, as determined by the court, the court may	15333
order that the offender be committed to a jail or workhouse for a	15334
period of time that does not exceed the term of imprisonment that	15335
the court could have imposed upon the offender for the violation	15336
of division (C) of this section, reduced by the total amount of	15337
time that the offender actually was imprisoned under the sentence	15338
or term that was imposed upon the offender for that violation and	15339
by the total amount of time that the offender was confined for any	15340
reason arising out of the offense for which the offender was	15341
convicted and sentenced as described in sections 2949.08 and	15342
2967.191 of the Revised Code. The court may order that a person	15343
committed pursuant to this division shall receive hour-for-hour	15344
credit upon the period of the commitment for the community service	15345
work that the offender adequately performed. No commitment	15346
pursuant to this division shall exceed the period of the term of	15347
imprisonment that the sentencing court could have imposed upon the	15348
offender for the violation of division (C) of this section,	15349
reduced by the total amount of time that the offender actually was	15350
imprisoned under that sentence or term and by the total amount of	15351
time that the offender was confined for any reason arising out of	15352
the offense for which the offender was convicted and sentenced as	15353
described in sections 2949.08 and 2967.191 of the Revised Code.	15354

(2) Division (F)(1) of this section does not limit or affect	15355
the authority of the court to suspend the sentence imposed upon a	15356
misdemeanor offender and place the offender under a community	15357
control sanction pursuant to section 2929.25 of the Revised Code,	15358
to require a misdemeanor or felony offender to perform supervised	15359
community service work in accordance with division (B) of section	15360
2951.02 of the Revised Code, or to place a felony offender under a	15361
community control sanction.	15362

(G)(1) If a court suspends an offender's driver's or	15363
commercial driver's license or permit or nonresident operating	15364
privilege under division (E)~~(5)~~(6)(d) of this section, the period	15365
of the suspension shall be consecutive to, and commence after, the	15366
period of suspension of the offender's driver's or commercial	15367
driver's license or permit or nonresident operating privilege that	15368
is imposed under Chapter 4506., 4509., 4510., or 4511. of the	15369
Revised Code or under any other provision of law in relation to	15370
the violation of division (C) of this section that is the basis of	15371
the suspension under division (E)~~(5)~~(6)(d) of this section or in	15372
relation to the violation of division (A) of section 4511.19 of	15373
the Revised Code that is the basis for that violation of division	15374
(C) of this section.	15375

(2) An offender is not entitled to request, and the court	15376
shall not grant to the offender, limited driving privileges if the	15377
offender's license, permit, or privilege has been suspended under	15378
division (E)~~(5)~~(6)(d) of this section and the offender, within the	15379
preceding six years, has been convicted of or pleaded guilty to	15380
three or more violations of one or more of the following:	15381

(a) Division (C) of this section;

15382

(b) Any equivalent offense, as defined in section 4511.181 of	15383
the Revised Code.	15384

(H)(1) If a person violates division (C) of this section and	15385
if, at the time of the violation, there were two or more children	15386
under eighteen years of age in the motor vehicle involved in the	15387
violation, the offender may be convicted of a violation of	15388
division (C) of this section for each of the children, but the	15389
court may sentence the offender for only one of the violations.	15390

(2)(a) If a person is convicted of or pleads guilty to a	15391
violation of division (C) of this section but the person is not	15392
also convicted of and does not also plead guilty to a separate	15393
charge charging the violation of division (A) of section 4511.19	15394
of the Revised Code that was the basis of the charge of the	15395
violation of division (C) of this section, both of the following	15396
apply:	15397

(i) For purposes of the provisions of section 4511.19 of the	15398
Revised Code that set forth the penalties and sanctions for a	15399
violation of division (A) of section 4511.19 of the Revised Code,	15400
the conviction of or plea of guilty to the violation of division	15401
(C) of this section shall not constitute a violation of division	15402
(A) of section 4511.19 of the Revised Code;	15403

(ii) For purposes of any provision of law that refers to a	15404
conviction of or plea of guilty to a violation of division (A) of	15405
section 4511.19 of the Revised Code and that is not described in	15406
division (H)(2)(a)(i) of this section, the conviction of or plea	15407
of guilty to the violation of division (C) of this section shall	15408
constitute a conviction of or plea of guilty to a violation of	15409
division (A) of section 4511.19 of the Revised Code.	15410

(b) If a person is convicted of or pleads guilty to a	15411
violation of division (C) of this section and the person also is	15412
convicted of or pleads guilty to a separate charge charging the	15413
violation of division (A) of section 4511.19 of the Revised Code	15414
that was the basis of the charge of the violation of division (C)	15415
of this section, the conviction of or plea of guilty to the	15416
violation of division (C) of this section shall not constitute,	15417
for purposes of any provision of law that refers to a conviction	15418
of or plea of guilty to a violation of division (A) of section	15419
4511.19 of the Revised Code, a conviction of or plea of guilty to	15420
a violation of division (A) of section 4511.19 of the Revised	15421
Code.	15422

(I) As used in this section:

15423

(1) "Community control sanction" has the same meaning as in	15424
section 2929.01 of the Revised Code;	15425

(2) "Limited driving privileges" has the same meaning as in	15426
section 4501.01 of the Revised Code;	15427

(3) "Ephedrine product," "phenylpropanolamine product," and	15428
"pseudoephedrine product" have the same meanings as in section	15429
2925.01 of the Revised Code.	15430

Sec. 2921.13. (A) No person shall knowingly make a false	15431
statement, or knowingly swear or affirm the truth of a false	15432
statement previously made, when any of the following applies:	15433

(1) The statement is made in any official proceeding.

15434

(2) The statement is made with purpose to incriminate	15435
another.	15436

(3) The statement is made with purpose to mislead a public	15437
official in performing the public official's official function.	15438

(4) The statement is made with purpose to secure the payment	15439
of unemployment compensation; Ohio works first; prevention,	15440
retention, and contingency benefits and services; disability	15441
financial assistance; retirement benefits; economic development	15442
assistance, as defined in section 9.66 of the Revised Code; or	15443
other benefits administered by a governmental agency or paid out	15444
of a public treasury.	15445

(5) The statement is made with purpose to secure the issuance	15446
by a governmental agency of a license, permit, authorization,	15447
certificate, registration, release, or provider agreement.	15448

(6) The statement is sworn or affirmed before a notary public	15449
or another person empowered to administer oaths.	15450

(7) The statement is in writing on or in connection with a	15451
report or return that is required or authorized by law.	15452

(8) The statement is in writing and is made with purpose to	15453
induce another to extend credit to or employ the offender, to	15454
confer any degree, diploma, certificate of attainment, award of	15455
excellence, or honor on the offender, or to extend to or bestow	15456
upon the offender any other valuable benefit or distinction, when	15457
the person to whom the statement is directed relies upon it to	15458
that person's detriment.	15459

(9) The statement is made with purpose to commit or	15460
facilitate the commission of a theft offense.	15461

(10) The statement is knowingly made to a probate court in	15462
connection with any action, proceeding, or other matter within its	15463
jurisdiction, either orally or in a written document, including,	15464
but not limited to, an application, petition, complaint, or other	15465
pleading, or an inventory, account, or report.	15466

(11) The statement is made on an account, form, record,	15467
stamp, label, or other writing that is required by law.	15468

(12) The statement is made in connection with the purchase of	15469
a firearm, as defined in section 2923.11 of the Revised Code, and	15470
in conjunction with the furnishing to the seller of the firearm of	15471
a fictitious or altered driver's or commercial driver's license or	15472
permit, a fictitious or altered identification card, or any other	15473
document that contains false information about the purchaser's	15474
identity.	15475

(13) The statement is made in a document or instrument of	15476
writing that purports to be a judgment, lien, or claim of	15477
indebtedness and is filed or recorded with the secretary of state,	15478
a county recorder, or the clerk of a court of record.	15479

(14) The statement is made with purpose to obtain an Ohio's	15480
best Rx program enrollment card under section 5110.09 of the	15481
Revised Code or a payment from the department of job and family	15482
services under section 5110.17 of the Revised Code.	15483

~~(14)~~(15) The statement is made in an application filed with a	15484
county sheriff pursuant to section 2923.125 of the Revised Code in	15485
order to obtain or renew a license to carry a concealed handgun or	15486
is made in an affidavit submitted to a county sheriff to obtain a	15487
temporary emergency license to carry a concealed handgun under	15488
section 2923.1213 of the Revised Code.	15489

(16) The statement is required under section 5743.72 of the	15490
Revised Code in connection with the person's purchase of	15491
cigarettes or tobacco products in a delivery sale.	15492

(B) No person, in connection with the purchase of a firearm,	15493
as defined in section 2923.11 of the Revised Code, shall knowingly	15494
furnish to the seller of the firearm a fictitious or altered	15495
driver's or commercial driver's license or permit, a fictitious or	15496
altered identification card, or any other document that contains	15497
false information about the purchaser's identity.	15498

(C) No person, in an attempt to obtain a license to carry a	15499
concealed handgun under section 2923.125 of the Revised Code,	15500
shall knowingly present to a sheriff a fictitious or altered	15501
document that purports to be certification of the person's	15502
competence in handling a handgun as described in division (B)(3)	15503
of section 2923.125 of the Revised Code.	15504

(D) It is no defense to a charge under division (A)(6) of	15505
this section that the oath or affirmation was administered or	15506
taken in an irregular manner.	15507

(E) If contradictory statements relating to the same fact are	15508
made by the offender within the period of the statute of	15509
limitations for falsification, it is not necessary for the	15510
prosecution to prove which statement was false but only that one	15511
or the other was false.	15512

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	15513
(6), (7), (8), (10), (11), (13), or (14), or (16) of this section	15514
is guilty of falsification, a misdemeanor of the first degree.	15515

(2) Whoever violates division (A)(9) of this section is	15516
guilty of falsification in a theft offense. Except as otherwise	15517
provided in this division, falsification in a theft offense is a	15518
misdemeanor of the first degree. If the value of the property or	15519
services stolen is five hundred dollars or more and is less than	15520
five thousand dollars, falsification in a theft offense is a	15521
felony of the fifth degree. If the value of the property or	15522
services stolen is five thousand dollars or more and is less than	15523
one hundred thousand dollars, falsification in a theft offense is	15524
a felony of the fourth degree. If the value of the property or	15525
services stolen is one hundred thousand dollars or more,	15526
falsification in a theft offense is a felony of the third degree.	15527

(3) Whoever violates division (A)(12) or (B) of this section	15528
is guilty of falsification to purchase a firearm, a felony of the	15529
fifth degree.	15530

(4) Whoever violates division (A)~~(14)~~(15) or (C) of this	15531
section is guilty of falsification to obtain a concealed handgun	15532
license, a felony of the fourth degree.	15533

(G) A person who violates this section is liable in a civil	15534
action to any person harmed by the violation for injury, death, or	15535
loss to person or property incurred as a result of the commission	15536
of the offense and for reasonable attorney's fees, court costs,	15537
and other expenses incurred as a result of prosecuting the civil	15538
action commenced under this division. A civil action under this	15539
division is not the exclusive remedy of a person who incurs	15540
injury, death, or loss to person or property as a result of a	15541
violation of this section.	15542

Sec. 2923.25. Each federally licensed firearms dealer who	15543
sells any firearm, at the time of the sale of the firearm, shall	15544
offer for sale to the purchaser of the firearm a trigger lock, gun	15545
lock, or gun locking device that is appropriate for that firearm.	15546
Each federally licensed firearms dealer shall post in a	15547
conspicuous location in the dealer's place of business the poster	15548
furnished to the dealer pursuant to section ~~181.521~~5502.63 of the	15549
Revised Code and shall make available to all purchasers of	15550
firearms from the dealer the brochure furnished to the dealer	15551
pursuant to that section.	15552

As used in this section, "federally licensed firearms dealer"	15553
has the same meaning as in section ~~181.251~~5502.63 of the Revised	15554
Code.	15555

Sec. 2925.01. As used in this chapter:

15556

(A) "Administer," "controlled substance," "dispense,"	15557
"distribute," "hypodermic," "manufacturer," "official written	15558
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	15559
"schedule II," "schedule III," "schedule IV," "schedule V," and	15560
"wholesaler" have the same meanings as in section 3719.01 of the	15561
Revised Code.	15562

(B) "Drug dependent person" and "drug of abuse" have the same	15563
meanings as in section 3719.011 of the Revised Code.	15564

(C) "Drug," "dangerous drug," "licensed health professional	15565
authorized to prescribe drugs," ~~and~~"manufacturer of dangerous	15566
drugs," "prescription," and "terminal distributor of drugs" have	15567
the same meanings as in section 4729.01 of the Revised Code.	15568

(D) "Bulk amount" of a controlled substance means any of the	15569
following:	15570

(1) For any compound, mixture, preparation, or substance	15571
included in schedule I, schedule II, or schedule III, with the	15572
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	15573
except as provided in division (D)(2) or (5) of this section,	15574
whichever of the following is applicable:	15575

(a) An amount equal to or exceeding ten grams or twenty-five	15576
unit doses of a compound, mixture, preparation, or substance that	15577
is or contains any amount of a schedule I opiate or opium	15578
derivative;	15579

(b) An amount equal to or exceeding ten grams of a compound,	15580
mixture, preparation, or substance that is or contains any amount	15581
of raw or gum opium;	15582

(c) An amount equal to or exceeding thirty grams or ten unit	15583
doses of a compound, mixture, preparation, or substance that is or	15584
contains any amount of a schedule I hallucinogen other than	15585
tetrahydrocannabinol or lysergic acid amide, or a schedule I	15586
stimulant or depressant;	15587

(d) An amount equal to or exceeding twenty grams or five	15588
times the maximum daily dose in the usual dose range specified in	15589
a standard pharmaceutical reference manual of a compound, mixture,	15590
preparation, or substance that is or contains any amount of a	15591
schedule II opiate or opium derivative;	15592

(e) An amount equal to or exceeding five grams or ten unit	15593
doses of a compound, mixture, preparation, or substance that is or	15594
contains any amount of phencyclidine;	15595

(f) An amount equal to or exceeding one hundred twenty grams	15596
or thirty times the maximum daily dose in the usual dose range	15597
specified in a standard pharmaceutical reference manual of a	15598
compound, mixture, preparation, or substance that is or contains	15599
any amount of a schedule II stimulant that is in a final dosage	15600
form manufactured by a person authorized by the "Federal Food,	15601
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	15602
amended, and the federal drug abuse control laws, as defined in	15603
section 3719.01 of the Revised Code, that is or contains any	15604
amount of a schedule II depressant substance or a schedule II	15605
hallucinogenic substance;	15606

(g) An amount equal to or exceeding three grams of a	15607
compound, mixture, preparation, or substance that is or contains	15608
any amount of a schedule II stimulant, or any of its salts or	15609
isomers, that is not in a final dosage form manufactured by a	15610
person authorized by the Federal Food, Drug, and Cosmetic Act and	15611
the federal drug abuse control laws.	15612

(2) An amount equal to or exceeding one hundred twenty grams	15613
or thirty times the maximum daily dose in the usual dose range	15614
specified in a standard pharmaceutical reference manual of a	15615
compound, mixture, preparation, or substance that is or contains	15616
any amount of a schedule III or IV substance other than an	15617
anabolic steroid or a schedule III opiate or opium derivative;	15618

(3) An amount equal to or exceeding twenty grams or five	15619
times the maximum daily dose in the usual dose range specified in	15620
a standard pharmaceutical reference manual of a compound, mixture,	15621
preparation, or substance that is or contains any amount of a	15622
schedule III opiate or opium derivative;	15623

(4) An amount equal to or exceeding two hundred fifty	15624
milliliters or two hundred fifty grams of a compound, mixture,	15625
preparation, or substance that is or contains any amount of a	15626
schedule V substance;	15627

(5) An amount equal to or exceeding two hundred solid dosage	15628
units, sixteen grams, or sixteen milliliters of a compound,	15629
mixture, preparation, or substance that is or contains any amount	15630
of a schedule III anabolic steroid.	15631

(E) "Unit dose" means an amount or unit of a compound,	15632
mixture, or preparation containing a controlled substance that is	15633
separately identifiable and in a form that indicates that it is	15634
the amount or unit by which the controlled substance is separately	15635
administered to or taken by an individual.	15636

(F) "Cultivate" includes planting, watering, fertilizing, or	15637
tilling.	15638

(G) "Drug abuse offense" means any of the following:

15639

(1) A violation of division (A) of section 2913.02 that	15640
constitutes theft of drugs, or a violation of section 2925.02,	15641
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	15642
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	15643
2925.37 of the Revised Code;	15644

(2) A violation of an existing or former law of this or any	15645
other state or of the United States that is substantially	15646
equivalent to any section listed in division (G)(1) of this	15647
section;	15648

(3) An offense under an existing or former law of this or any	15649
other state, or of the United States, of which planting,	15650
cultivating, harvesting, processing, making, manufacturing,	15651
producing, shipping, transporting, delivering, acquiring,	15652
possessing, storing, distributing, dispensing, selling, inducing	15653
another to use, administering to another, using, or otherwise	15654
dealing with a controlled substance is an element;	15655

(4) A conspiracy to commit, attempt to commit, or complicity	15656
in committing or attempting to commit any offense under division	15657
(G)(1), (2), or (3) of this section.	15658

(H) "Felony drug abuse offense" means any drug abuse offense	15659
that would constitute a felony under the laws of this state, any	15660
other state, or the United States.	15661

(I) "Harmful intoxicant" does not include beer or	15662
intoxicating liquor but means any of the following:	15663

(1) Any compound, mixture, preparation, or substance the gas,	15664
fumes, or vapor of which when inhaled can induce intoxication,	15665
excitement, giddiness, irrational behavior, depression,	15666
stupefaction, paralysis, unconsciousness, asphyxiation, or other	15667
harmful physiological effects, and includes, but is not limited	15668
to, any of the following:	15669

(a) Any volatile organic solvent, plastic cement, model	15670
cement, fingernail polish remover, lacquer thinner, cleaning	15671
fluid, gasoline, or other preparation containing a volatile	15672
organic solvent;	15673

(b) Any aerosol propellant;

15674

15675

(d) Any anesthetic gas.

15676

(2) Gamma Butyrolactone;

15677

(3) 1,4 Butanediol.

15678

(J) "Manufacture" means to plant, cultivate, harvest,	15679
process, make, prepare, or otherwise engage in any part of the	15680
production of a drug, by propagation, extraction, chemical	15681
synthesis, or compounding, or any combination of the same, and	15682
includes packaging, repackaging, labeling, and other activities	15683
incident to production.	15684

(K) "Possess" or "possession" means having control over a	15685
thing or substance, but may not be inferred solely from mere	15686
access to the thing or substance through ownership or occupation	15687
of the premises upon which the thing or substance is found.	15688

(L) "Sample drug" means a drug or pharmaceutical preparation	15689
that would be hazardous to health or safety if used without the	15690
supervision of a licensed health professional authorized to	15691
prescribe drugs, or a drug of abuse, and that, at one time, had	15692
been placed in a container plainly marked as a sample by a	15693
manufacturer.	15694

(M) "Standard pharmaceutical reference manual" means the	15695
current edition, with cumulative changes if any, of any of the	15696
following reference works:	15697

(1) "The National Formulary";

15698

(2) "The United States Pharmacopeia," prepared by authority	15699
of the United States Pharmacopeial Convention, Inc.;	15700

(3) Other standard references that are approved by the state	15701
board of pharmacy.	15702

(N) "Juvenile" means a person under eighteen years of age.

15703

(O) "Counterfeit controlled substance" means any of the	15704
following:	15705

(1) Any drug that bears, or whose container or label bears, a	15706
trademark, trade name, or other identifying mark used without	15707
authorization of the owner of rights to that trademark, trade	15708
name, or identifying mark;	15709

(2) Any unmarked or unlabeled substance that is represented	15710
to be a controlled substance manufactured, processed, packed, or	15711
distributed by a person other than the person that manufactured,	15712
processed, packed, or distributed it;	15713

(3) Any substance that is represented to be a controlled	15714
substance but is not a controlled substance or is a different	15715
controlled substance;	15716

(4) Any substance other than a controlled substance that a	15717
reasonable person would believe to be a controlled substance	15718
because of its similarity in shape, size, and color, or its	15719
markings, labeling, packaging, distribution, or the price for	15720
which it is sold or offered for sale.	15721

(P) An offense is "committed in the vicinity of a school" if	15722
the offender commits the offense on school premises, in a school	15723
building, or within one thousand feet of the boundaries of any	15724
school premises, regardless of whether the offender knows the	15725
offense is being committed on school premises, in a school	15726
building, or within one thousand feet of the boundaries of any	15727
school premises.	15728

(Q) "School" means any school operated by a board of	15729
education, any community school established under Chapter 3314. of	15730
the Revised Code, or any nonpublic school for which the state	15731
board of education prescribes minimum standards under section	15732
3301.07 of the Revised Code, whether or not any instruction,	15733
extracurricular activities, or training provided by the school is	15734
being conducted at the time a criminal offense is committed.	15735

(R) "School premises" means either of the following:

15736

(1) The parcel of real property on which any school is	15737
situated, whether or not any instruction, extracurricular	15738
activities, or training provided by the school is being conducted	15739
on the premises at the time a criminal offense is committed;	15740

(2) Any other parcel of real property that is owned or leased	15741
by a board of education of a school, the governing authority of a	15742
community school established under Chapter 3314. of the Revised	15743
Code, or the governing body of a nonpublic school for which the	15744
state board of education prescribes minimum standards under	15745
section 3301.07 of the Revised Code and on which some of the	15746
instruction, extracurricular activities, or training of the school	15747
is conducted, whether or not any instruction, extracurricular	15748
activities, or training provided by the school is being conducted	15749
on the parcel of real property at the time a criminal offense is	15750
committed.	15751

(S) "School building" means any building in which any of the	15752
instruction, extracurricular activities, or training provided by a	15753
school is conducted, whether or not any instruction,	15754
extracurricular activities, or training provided by the school is	15755
being conducted in the school building at the time a criminal	15756
offense is committed.	15757

(T) "Disciplinary counsel" means the disciplinary counsel	15758
appointed by the board of commissioners on grievances and	15759
discipline of the supreme court under the Rules for the Government	15760
of the Bar of Ohio.	15761

(U) "Certified grievance committee" means a duly constituted	15762
and organized committee of the Ohio state bar association or of	15763
one or more local bar associations of the state of Ohio that	15764
complies with the criteria set forth in Rule V, section 6 of the	15765
Rules for the Government of the Bar of Ohio.	15766

(V) "Professional license" means any license, permit,	15767
certificate, registration, qualification, admission, temporary	15768
license, temporary permit, temporary certificate, or temporary	15769
registration that is described in divisions (W)(1) to (36) of this	15770
section and that qualifies a person as a professionally licensed	15771
person.	15772

(W) "Professionally licensed person" means any of the	15773
following:	15774

(1) A person who has obtained a license as a manufacturer of	15775
controlled substances or a wholesaler of controlled substances	15776
under Chapter 3719. of the Revised Code;	15777

(2) A person who has received a certificate or temporary	15778
certificate as a certified public accountant or who has registered	15779
as a public accountant under Chapter 4701. of the Revised Code and	15780
who holds an Ohio permit issued under that chapter;	15781

(3) A person who holds a certificate of qualification to	15782
practice architecture issued or renewed and registered under	15783
Chapter 4703. of the Revised Code;	15784

(4) A person who is registered as a landscape architect under	15785
Chapter 4703. of the Revised Code or who holds a permit as a	15786
landscape architect issued under that chapter;	15787

(5) A person licensed under Chapter 4707. of the Revised	15788
Code;	15789

(6) A person who has been issued a certificate of	15790
registration as a registered barber under Chapter 4709. of the	15791
Revised Code;	15792

(7) A person licensed and regulated to engage in the business	15793
of a debt pooling company by a legislative authority, under	15794
authority of Chapter 4710. of the Revised Code;	15795

(8) A person who has been issued a cosmetologist's license,	15796
hair designer's license, manicurist's license, esthetician's	15797
license, natural hair stylist's license, managing cosmetologist's	15798
license, managing hair designer's license, managing manicurist's	15799
license, managing esthetician's license, managing natural hair	15800
stylist's license, cosmetology instructor's license, hair design	15801
instructor's license, manicurist instructor's license, esthetics	15802
instructor's license, natural hair style instructor's license,	15803
independent contractor's license, or tanning facility permit under	15804
Chapter 4713. of the Revised Code;	15805

(9) A person who has been issued a license to practice	15806
dentistry, a general anesthesia permit, a conscious intravenous	15807
sedation permit, a limited resident's license, a limited teaching	15808
license, a dental hygienist's license, or a dental hygienist's	15809
teacher's certificate under Chapter 4715. of the Revised Code;	15810

(10) A person who has been issued an embalmer's license, a	15811
funeral director's license, a funeral home license, or a crematory	15812
license, or who has been registered for an embalmer's or funeral	15813
director's apprenticeship under Chapter 4717. of the Revised Code;	15814

(11) A person who has been licensed as a registered nurse or	15815
practical nurse, or who has been issued a certificate for the	15816
practice of nurse-midwifery under Chapter 4723. of the Revised	15817
Code;	15818

(12) A person who has been licensed to practice optometry or	15819
to engage in optical dispensing under Chapter 4725. of the Revised	15820
Code;	15821

(13) A person licensed to act as a pawnbroker under Chapter	15822
4727. of the Revised Code;	15823

(14) A person licensed to act as a precious metals dealer	15824
under Chapter 4728. of the Revised Code;	15825

(15) A person licensed as a pharmacist, a pharmacy intern, a	15826
wholesale distributor of dangerous drugs, or a terminal	15827
distributor of dangerous drugs under Chapter 4729. of the Revised	15828
Code;	15829

(16) A person who is authorized to practice as a physician	15830
assistant under Chapter 4730. of the Revised Code;	15831

(17) A person who has been issued a certificate to practice	15832
medicine and surgery, osteopathic medicine and surgery, a limited	15833
branch of medicine, or podiatry under Chapter 4731. of the Revised	15834
Code;	15835

(18) A person licensed as a psychologist or school	15836
psychologist under Chapter 4732. of the Revised Code;	15837

(19) A person registered to practice the profession of	15838
engineering or surveying under Chapter 4733. of the Revised Code;	15839

(20) A person who has been issued a license to practice	15840
chiropractic under Chapter 4734. of the Revised Code;	15841

(21) A person licensed to act as a real estate broker or real	15842
estate salesperson under Chapter 4735. of the Revised Code;	15843

(22) A person registered as a registered sanitarian under	15844
Chapter 4736. of the Revised Code;	15845

(23) A person licensed to operate or maintain a junkyard	15846
under Chapter 4737. of the Revised Code;	15847

(24) A person who has been issued a motor vehicle salvage	15848
dealer's license under Chapter 4738. of the Revised Code;	15849

(25) A person who has been licensed to act as a steam	15850
engineer under Chapter 4739. of the Revised Code;	15851

(26) A person who has been issued a license or temporary	15852
permit to practice veterinary medicine or any of its branches, or	15853
who is registered as a graduate animal technician under Chapter	15854
4741. of the Revised Code;	15855

(27) A person who has been issued a hearing aid dealer's or	15856
fitter's license or trainee permit under Chapter 4747. of the	15857
Revised Code;	15858

(28) A person who has been issued a class A, class B, or	15859
class C license or who has been registered as an investigator or	15860
security guard employee under Chapter 4749. of the Revised Code;	15861

(29) A person licensed and registered to practice as a	15862
nursing home administrator under Chapter 4751. of the Revised	15863
Code;	15864

(30) A person licensed to practice as a speech-language	15865
pathologist or audiologist under Chapter 4753. of the Revised	15866
Code;	15867

(31) A person issued a license as an occupational therapist	15868
or physical therapist under Chapter 4755. of the Revised Code;	15869

(32) A person who is licensed as a professional clinical	15870
counselor or professional counselor, licensed as a social worker	15871
or independent social worker, or registered as a social work	15872
assistant under Chapter 4757. of the Revised Code;	15873

(33) A person issued a license to practice dietetics under	15874
Chapter 4759. of the Revised Code;	15875

(34) A person who has been issued a license or limited permit	15876
to practice respiratory therapy under Chapter 4761. of the Revised	15877
Code;	15878

(35) A person who has been issued a real estate appraiser	15879
certificate under Chapter 4763. of the Revised Code;	15880

(36) A person who has been admitted to the bar by order of	15881
the supreme court in compliance with its prescribed and published	15882
rules.	15883

(X) "Cocaine" means any of the following:

15884

(1) A cocaine salt, isomer, or derivative, a salt of a	15885
cocaine isomer or derivative, or the base form of cocaine;	15886

(2) Coca leaves or a salt, compound, derivative, or	15887
preparation of coca leaves, including ecgonine, a salt, isomer, or	15888
derivative of ecgonine, or a salt of an isomer or derivative of	15889
ecgonine;	15890

(3) A salt, compound, derivative, or preparation of a	15891
substance identified in division (X)(1) or (2) of this section	15892
that is chemically equivalent to or identical with any of those	15893
substances, except that the substances shall not include	15894
decocainized coca leaves or extraction of coca leaves if the	15895
extractions do not contain cocaine or ecgonine.	15896

(Y) "L.S.D." means lysergic acid diethylamide.

15897

(Z) "Hashish" means the resin or a preparation of the resin	15898
contained in marihuana, whether in solid form or in a liquid	15899
concentrate, liquid extract, or liquid distillate form.	15900

(AA) "Marihuana" has the same meaning as in section 3719.01	15901
of the Revised Code, except that it does not include hashish.	15902

(BB) An offense is "committed in the vicinity of a juvenile"	15903
if the offender commits the offense within one hundred feet of a	15904
juvenile or within the view of a juvenile, regardless of whether	15905
the offender knows the age of the juvenile, whether the offender	15906
knows the offense is being committed within one hundred feet of or	15907
within view of the juvenile, or whether the juvenile actually	15908
views the commission of the offense.	15909

(CC) "Presumption for a prison term" or "presumption that a	15910
prison term shall be imposed" means a presumption, as described in	15911
division (D) of section 2929.13 of the Revised Code, that a prison	15912
term is a necessary sanction for a felony in order to comply with	15913
the purposes and principles of sentencing under section 2929.11 of	15914
the Revised Code.	15915

(DD) "Major drug offender" has the same meaning as in section	15916
2929.01 of the Revised Code.	15917

(EE) "Minor drug possession offense" means either of the	15918
following:	15919

(1) A violation of section 2925.11 of the Revised Code as it	15920
existed prior to July 1, 1996;	15921

(2) A violation of section 2925.11 of the Revised Code as it	15922
exists on and after July 1, 1996, that is a misdemeanor or a	15923
felony of the fifth degree.	15924

(FF) "Mandatory prison term" has the same meaning as in	15925
section 2929.01 of the Revised Code.	15926

(GG) "Crack cocaine" means a compound, mixture, preparation,	15927
or substance that is or contains any amount of cocaine that is	15928
analytically identified as the base form of cocaine or that is in	15929
a form that resembles rocks or pebbles generally intended for	15930
individual use.	15931

(HH) "Adulterate" means to cause a drug to be adulterated as	15932
described in section 3715.63 of the Revised Code.	15933

(II) "Public premises" means any hotel, restaurant, tavern,	15934
store, arena, hall, or other place of public accommodation,	15935
business, amusement, or resort.	15936

(JJ) "Consumer product" means any food or drink that is	15937
consumed or used by humans and any drug, including a drug that may	15938
be provided legally only pursuant to a prescription, that is	15939
intended to be consumed or used by humans.	15940

(KK) "Ephedrine" means any material, compound, mixture, or	15941
preparation that contains any quantity of ephedrine, its salts or	15942
optical isomers, or salts of optical isomers.	15943

(LL)(1) "Ephedrine product" means, subject to division	15944
(LL)(2) of this section, any consumer product that consists of a	15945
single-ingredient preparation of ephedrine in which ephedrine is	15946
the single active ingredient.	15947

(2) "Ephedrine product" does not include any consumer product	15948
described in division (LL)(1) of this section that is in pediatric	15949
form, or in liquid, liquid capsule, or gel capsule form.	15950

(MM) "Phenylpropanolamine" means any material, compound,	15951
mixture, or preparation that contains any quantity of	15952
phenylpropanolamine, its salts or optical isomers, or salts of	15953
optical isomers.	15954

(NN)(1) "Phenylpropanolamine product" means, subject to	15955
division (NN)(2) of this section, any consumer product that	15956
consists of a single-ingredient preparation of phenylpropanolamine	15957
in which phenylpropanolamine is the single active ingredient.	15958

(2) "Phenylpropanolamine product" does not include any	15959
consumer product described in division (NN)(1) of this section	15960
that is in pediatric form, or in liquid, liquid capsule, or gel	15961
capsule form.	15962

(OO) "Proof of age" means a driver's license, commercial	15963
driver's license, military identification card, passport, or	15964
identification card issued under sections 4507.50 to 4507.52 of	15965
the Revised Code that shows a person is eighteen years of age or	15966
older.	15967

(PP) "Pseudoephedrine" means any material, compound, mixture,	15968
or preparation that contains any quantity of pseudoephedrine, its	15969
salts or optical isomers, or salts of optical isomers.	15970

(QQ)(1) "Pseudoephedrine product" means, subject to division	15971
(QQ)(2) of this section, any consumer product that consists of a	15972
single-ingredient preparation of pseudoephedrine in which	15973
pseudoephedrine is the single active ingredient.	15974

(2) "Pseudoephedrine product" does not include any consumer	15975
product described in division (QQ)(1) of this section that is in	15976
pediatric form, or in liquid, liquid capsule, or gel capsule form.	15977

(RR) "Retailer" means a place of business that offers	15978
consumer products for sale to the general public.	15979

(SS) "Single-ingredient preparation" means a compound,	15980
mixture, preparation, or substance that contains a single active	15981
ingredient.	15982

Sec. 2925.04. (A) No person shall knowingly cultivate	15983
marihuana or knowingly manufacture or otherwise engage in any part	15984
of the production of a controlled substance.	15985

(B) This section does not apply to any person listed in	15986
division (B)(1), (2), or (3) of section 2925.03 of the Revised	15987
Code to the extent and under the circumstances described in those	15988
divisions.	15989

(C)(1) Whoever commits a violation of division (A) of this	15990
section that involves any drug other than marihuana is guilty of	15991
illegal manufacture of drugs, and whoever commits a violation of	15992
division (A) of this section that involves marihuana is guilty of	15993
illegal cultivation of marihuana.	15994

(2) Except as otherwise provided in this division, if the	15995
drug involved in the violation of division (A) of this section is	15996
any compound, mixture, preparation, or substance included in	15997
schedule I or II, with the exception of marihuana, illegal	15998
manufacture of drugs is a felony of the second degree, and,	15999
subject to division (E) of this section, the court shall impose as	16000
a mandatory prison term one of the prison terms prescribed for a	16001
felony of the second degree. If the drug involved in the violation	16002
is any compound, mixture, preparation, or substance included in	16003
schedule I or II, with the exception of marihuana, and if the	16004
offense was committed in the vicinity of a juvenile or in the	16005
vicinity of a school, illegal manufacture of drugs is a felony of	16006
the first degree, and, subject to division (E) of this section,	16007
the court shall impose as a mandatory prison term one of the	16008
prison terms prescribed for a felony of the first degree. If the	16009
drug involved in the violation is methamphetamine, any salt,	16010
isomer, or salt of an isomer of methamphetamine, or any compound,	16011
mixture, preparation, or substance containing methamphetamine or	16012
any salt, isomer, or salt of an isomer of methamphetamine and if	16013
the offense was committed on public premises, in the vicinity of a	16014
juvenile, or in the vicinity of a school, illegal manufacture of	16015
drugs is a felony of the first degree, and, subject to division	16016
(E) of this section, the court shall impose as a mandatory prison	16017
term one of the prison terms prescribed for a felony of the first	16018
degree.	16019

(3) If the drug involved in the violation of division (A) of	16020
this section is any compound, mixture, preparation, or substance	16021
included in schedule III, IV, or V, illegal manufacture of drugs	16022
is a felony of the third degree or, if the offense was committed	16023
in the vicinity of a school or in the vicinity of a juvenile, a	16024
felony of the second degree, and there is a presumption for a	16025
prison term for the offense.	16026

(4) If the drug involved in the violation is marihuana, the	16027
penalty for the offense shall be determined as follows:	16028

(a) Except as otherwise provided in division (C)(4)(b), (c),	16029
(d), (e), or (f) of this section, illegal cultivation of marihuana	16030
is a minor misdemeanor or, if the offense was committed in the	16031
vicinity of a school or in the vicinity of a juvenile, a	16032
misdemeanor of the fourth degree.	16033

(b) If the amount of marihuana involved equals or exceeds one	16034
hundred grams but is less than two hundred grams, illegal	16035
cultivation of marihuana is a misdemeanor of the fourth degree or,	16036
if the offense was committed in the vicinity of a school or in the	16037
vicinity of a juvenile, a misdemeanor of the third degree.	16038

(c) If the amount of marihuana involved equals or exceeds two	16039
hundred grams but is less than one thousand grams, illegal	16040
cultivation of marihuana is a felony of the fifth degree or, if	16041
the offense was committed in the vicinity of a school or in the	16042
vicinity of a juvenile, a felony of the fourth degree, and	16043
division (B) of section 2929.13 of the Revised Code applies in	16044
determining whether to impose a prison term on the offender.	16045

(d) If the amount of marihuana involved equals or exceeds one	16046
thousand grams but is less than five thousand grams, illegal	16047
cultivation of marihuana is a felony of the third degree or, if	16048
the offense was committed in the vicinity of a school or in the	16049
vicinity of a juvenile, a felony of the second degree, and	16050
division (C) of section 2929.13 of the Revised Code applies in	16051
determining whether to impose a prison term on the offender.	16052

(e) If the amount of marihuana involved equals or exceeds	16053
five thousand grams but is less than twenty thousand grams,	16054
illegal cultivation of marihuana is a felony of the third degree	16055
or, if the offense was committed in the vicinity of a school or in	16056
the vicinity of a juvenile, a felony of the second degree, and	16057
there is a presumption for a prison term for the offense.	16058

(f) Except as otherwise provided in this division, if the	16059
amount of marihuana involved equals or exceeds twenty thousand	16060
grams, illegal cultivation of marihuana is a felony of the second	16061
degree, and the court shall impose as a mandatory prison term the	16062
maximum prison term prescribed for a felony of the second degree.	16063
If the amount of the drug involved equals or exceeds twenty	16064
thousand grams and if the offense was committed in the vicinity of	16065
a school or in the vicinity of a juvenile, illegal cultivation of	16066
marihuana is a felony of the first degree, and the court shall	16067
impose as a mandatory prison term the maximum prison term	16068
prescribed for a felony of the first degree.	16069

(D) In addition to any prison term authorized or required by	16070
division (C) or (E) of this section and sections 2929.13 and	16071
2929.14 of the Revised Code and in addition to any other sanction	16072
imposed for the offense under this section or sections 2929.11 to	16073
2929.18 of the Revised Code, the court that sentences an offender	16074
who is convicted of or pleads guilty to a violation of division	16075
(A) of this section shall do all of the following that are	16076
applicable regarding the offender:	16077

(1) If the violation of division (A) of this section is a	16078
felony of the first, second, or third degree, the court shall	16079
impose upon the offender the mandatory fine specified for the	16080
offense under division (B)(1) of section 2929.18 of the Revised	16081
Code unless, as specified in that division, the court determines	16082
that the offender is indigent. The clerk of the court shall pay a	16083
mandatory fine or other fine imposed for a violation of this	16084
section pursuant to division (A) of section 2929.18 of the Revised	16085
Code in accordance with and subject to the requirements of	16086
division (F) of section 2925.03 of the Revised Code. The agency	16087
that receives the fine shall use the fine as specified in division	16088
(F) of section 2925.03 of the Revised Code. If a person is charged	16089
with a violation of this section that is a felony of the first,	16090
second, or third degree, posts bail, and forfeits the bail, the	16091
clerk shall pay the forfeited bail as if the forfeited bail were a	16092
fine imposed for a violation of this section.	16093

(2) The court shall suspend the offender's driver's or	16094
commercial driver's license or permit in accordance with division	16095
(G) of section 2925.03 of the Revised Code. If an offender's	16096
driver's or commercial driver's license or permit is suspended in	16097
accordance with that division, the offender may request	16098
termination of, and the court may terminate, the suspension in	16099
accordance with that division.	16100

(3) If the offender is a professionally licensed person, the	16101
court immediately shall comply with section 2925.38 of the Revised	16102
Code.	16103

(E) Notwithstanding the prison term otherwise authorized or	16104
required for the offense under division (C) of this section and	16105
sections 2929.13 and 2929.14 of the Revised Code, if the violation	16106
of division (A) of this section involves the sale, offer to sell,	16107
or possession of a schedule I or II controlled substance, with the	16108
exception of marihuana, and if the court imposing sentence upon	16109
the offender finds that the offender as a result of the violation	16110
is a major drug offender and is guilty of a specification of the	16111
type described in section 2941.1410 of the Revised Code, the	16112
court, in lieu of the prison term otherwise authorized or	16113
required, shall impose upon the offender the mandatory prison term	16114
specified in division (D)(3)(a) of section 2929.14 of the Revised	16115
Code and may impose an additional prison term under division	16116
(D)(3)(b) of that section.	16117

(F) It is an affirmative defense, as provided in section	16118
2901.05 of the Revised Code, to a charge under this section for a	16119
fifth degree felony violation of illegal cultivation of marihuana	16120
that the marihuana that gave rise to the charge is in an amount,	16121
is in a form, is prepared, compounded, or mixed with substances	16122
that are not controlled substances in a manner, or is possessed or	16123
cultivated under any other circumstances that indicate that the	16124
marihuana was solely for personal use.	16125

Notwithstanding any contrary provision of division (F) of	16126
this section, if, in accordance with section 2901.05 of the	16127
Revised Code, a person who is charged with a violation of illegal	16128
cultivation of marihuana that is a felony of the fifth degree	16129
sustains the burden of going forward with evidence of and	16130
establishes by a preponderance of the evidence the affirmative	16131
defense described in this division, the person may be prosecuted	16132
for and may be convicted of or plead guilty to a misdemeanor	16133
violation of illegal cultivation of marihuana.	16134

(G) Arrest or conviction for a minor misdemeanor violation of	16135
this section does not constitute a criminal record and need not be	16136
reported by the person so arrested or convicted in response to any	16137
inquiries about the person's criminal record, including any	16138
inquiries contained in an application for employment, a license,	16139
or any other right or privilege or made in connection with the	16140
person's appearance as a witness.	16141

Sec. 2925.041. (A) No person shall knowingly ~~assemble~~do any	16142
of the following:	16143

(1) Assemble or possess any ephedrine product,	16144
phenylpropanolamine product, or pseudoephedrine product with the	16145
intent to use the product to manufacture methamphetamine or any	16146
other schedule I or II controlled substance;	16147

(2) Assemble or possess one or more chemicals, other than a	16148
product described in division (A)(1) of this section, that may be	16149
used to manufacture a controlled substance in schedule I or II	16150
with the intent to manufacture a controlled substance in schedule	16151
I or II in violation of section 2925.04 of the Revised Code.	16152

(B)(1) In a prosecution under this section, it is not	16153
necessary to allege or prove that the offender assembled or	16154
possessed all chemicals necessary to manufacture a controlled	16155
substance in schedule I or II. The assembly or possession of a	16156
single chemical that may be used in the manufacture of a	16157
controlled substance in schedule I or II, with the intent to	16158
manufacture a controlled substance in either schedule, is	16159
sufficient to violate this section.	16160

(2) In a prosecution under division (A)(1) of this section,	16161
except as otherwise provided in this division, the possession of	16162
twenty-four grams or more of an ephedrine product,	16163
phenylpropanolamine product, or pseudoephedrine product	16164
constitutes prima-facie evidence of the intent to use the product	16165
to manufacture methamphetamine or another schedule I or II	16166
controlled substance. The prima-facie evidence designation	16167
established by this division does not apply to any of the	16168
following who lawfully possesses drug products in the course of	16169
legitimate business:	16170

(a) A retailer that sells drug products or the agents or	16171
employees of a retailer that sells drug products in the course of	16172
carrying out their duties or employment with the retailer;	16173

(b) A wholesaler or the agents or employees of a wholesaler	16174
in the course of carrying out their duties or employment with the	16175
wholesaler;	16176

(c) A manufacturer or the agents or employees of a	16177
manufacturer in the course of carrying out their duties or	16178
employment with the manufacturer;	16179

(d) A pharmacist;

16180

(e) A licensed health care professional authorized to	16181
prescribe drugs possessing the drug products in the course of	16182
carrying out the person's profession;	16183

(f) A terminal distributor of dangerous drugs.

16184

(C) Whoever violates this section is guilty of illegal	16185
assembly or possession of chemicals for the manufacture of drugs.	16186
Except as otherwise provided in this division, illegal assembly or	16187
possession of chemicals for the manufacture of drugs is a felony	16188
of the third degree, and division (C) of section 2929.13 of the	16189
Revised Code applies in determining whether to impose a prison	16190
term on the offender. If the offense was committed in the vicinity	16191
of a juvenile or in the vicinity of a school, illegal assembly or	16192
possession of chemicals for the manufacture of drugs is a felony	16193
of the second degree, and division (C) of section 2929.13 of the	16194
Revised Code applies in determining whether to impose a prison	16195
term on the offender.	16196

(D) In addition to any prison term authorized by division (C)	16197
of this section and sections 2929.13 and 2929.14 of the Revised	16198
Code and in addition to any other sanction imposed for the offense	16199
under this section or sections 2929.11 to 2929.18 of the Revised	16200
Code, the court that sentences an offender who is convicted of or	16201
pleads guilty to a violation of this section shall do all of the	16202
following that are applicable regarding the offender:	16203

(1) The court shall impose upon the offender the mandatory	16204
fine specified for the offense under division (B)(1) of section	16205
2929.18 of the Revised Code unless, as specified in that division,	16206
the court determines that the offender is indigent. The clerk of	16207
the court shall pay a mandatory fine or other fine imposed for a	16208
violation of this section under division (A) of section 2929.18 of	16209
the Revised Code in accordance with and subject to the	16210
requirements of division (F) of section 2925.03 of the Revised	16211
Code. The agency that receives the fine shall use the fine as	16212
specified in division (F) of section 2925.03 of the Revised Code.	16213
If a person charged with a violation of this section posts bail	16214
and forfeits the bail, the clerk shall pay the forfeited bail as	16215
if the forfeited bail were a fine imposed for a violation of this	16216
section.	16217

(2) The court shall revoke or suspend the offender's driver's	16218
or commercial driver's license or permit in accordance with	16219
division (G) of section 2925.03 of the Revised Code. If an	16220
offender's driver's or commercial driver's license or permit is	16221
revoked in accordance with that division, the offender may request	16222
termination of, and the court may terminate, the revocation in	16223
accordance with that division.	16224

(3) If the offender is a professionally licensed person or a	16225
person who has been admitted to the bar by order of the supreme	16226
court in compliance with its prescribed and published rules, the	16227
court shall comply with section 2925.38 of the Revised Code.	16228

Sec. 2925.15. (A) No individual shall purchase, receive, or	16229
otherwise acquire more than six grams of any ephedrine product,	16230
phenylpropanolamine product, or pseudoephedrine product within a	16231
period of thirty days, unless dispensed by a pharmacist pursuant	16232
to a valid prescription issued by a licensed health care	16233
professional authorized to prescribe drugs.	16234

(B)(1) Except as provided in division (B)(2) of this section,	16235
no retailer or terminal distributor of dangerous drugs shall	16236
knowingly sell, offer to sell, hold for sale, deliver, or	16237
otherwise provide to any individual within any thirty-day period	16238
an amount of ephedrine product, phenylpropanolamine product, or	16239
pseudoephedrine product that exceeds two packages of any one of	16240
those products or of any combination of those products, with	16241
neither package so sold or no combination of packages so sold,	16242
whichever is applicable, containing more than six grams of the	16243
product.	16244

(2) Division (B)(1) of this section does not apply to any	16245
quantity of ephedrine product, phenylpropanolamine product, or	16246
pseudoephedrine product dispensed by a pharmacist pursuant to a	16247
valid prescription issued by a licensed health professional	16248
authorized to prescribe drugs.	16249

(C) Each retailer or terminal distributor of dangerous drugs	16250
that sells, offers to sell, holds for sale, delivers, or otherwise	16251
provides any ephedrine product, phenylpropanolamine product, or	16252
pseudoephedrine product to the public shall do all of the	16253
following:	16254

(1) Keep each ephedrine product, phenylpropanolamine product,	16255
or pseudoephedrine product in a secure, locked area in the place	16256
of business of the retailer or terminal distributor or, if the	16257
place of business is a pharmacy, behind the counter, so that no	16258
member of the public may procure or purchase the product without	16259
the direct assistance of a pharmacist or other authorized employee	16260
of the retailer or terminal distributor.	16261

(2) Prior to selling or providing any ephedrine product,	16262
phenylpropanolamine product, or pseudoephedrine product to any	16263
person, determine, by examination of a valid proof of age, that	16264
the purchaser or recipient is eighteen years of age or older.	16265

(D)(1) No retailer or terminal distributor of dangerous drugs	16266
that sells, offers to sell, holds for sale, delivers, or otherwise	16267
provides any ephedrine product, phenylpropanolamine product, or	16268
pseudoephedrine product to the public shall fail to comply with	16269
division (C)(1) of this section.	16270

(E)(1) Except as provided in division (E)(2) of this section,	16271
no retailer or terminal distributor of dangerous drugs shall sell,	16272
offer to sell, hold for sale, deliver, or otherwise provide any	16273
ephedrine product, phenylpropanolamine product, or pseudoephedrine	16274
product to an individual that the retailer or terminal distributor	16275
knows or reasonably should know is under eighteen years of age.	16276

(2) Division (E)(1) of this section does not apply to any of	16277
the following:	16278

(a) A licensed health professional authorized to prescribe	16279
drugs or a pharmacist who dispenses, sells, or otherwise provides	16280
an ephedrine product, phenylpropanolamine product, or	16281
pseudoephedrine product to an individual under eighteen years of	16282
age;	16283

(b) A parent or guardian of an individual under eighteen	16284
years of age who provides an ephedrine product,	16285
phenylpropanolamine product, or pseudoephedrine product to the	16286
individual;	16287

(c) A person who, as authorized by the individual's parent or	16288
guardian, dispenses, sells, or otherwise provides an ephedrine	16289
product, phenylpropanolamine product, or pseudoephedrine product	16290
to an individual under eighteen years of age.	16291

(F) No employee of a retailer or terminal distributor of	16292
dangerous drugs who is under eighteen years of age shall sell,	16293
offer to sell, hold for sale, deliver, or otherwise provide any	16294
ephedrine product, phenylpropanolamine product, or pseudoephedrine	16295
product to any individual.	16296

(G) Whoever violates this section is guilty of "illegal	16297
transactions in an ephedrine, phenylpropanolamine, or	16298
pseudoephedrine product." Illegal transactions in an ephedrine,	16299
phenylpropanolamine, or pseudoephedrine product in violation of	16300
division (B) of this section is a misdemeanor, and the offender	16301
shall be fined not more than three hundred fifty dollars. Except	16302
as otherwise provided in this division, illegal transactions in an	16303
ephedrine, phenylpropanolamine, or pseudoephedrine product in	16304
violation of division (B), (D), (E), or (F) of this section is a	16305
minor misdemeanor. If an offender who commits a violation of	16306
division (A), (D), (E), or (F) of this section previously has been	16307
convicted of or pleaded guilty to a violation of division (A),	16308
(B), (D), (E), or (F) of this section, illegal transactions in an	16309
ephedrine, phenylpropanolamine, or pseudoephedrine product in	16310
violation of division (A), (D), (E), or (F) of this section is a	16311
misdemeanor of the third degree.	16312

Sec. 2929.13. (A) Except as provided in division (E), (F),	16313
or (G) of this section and unless a specific sanction is required	16314
to be imposed or is precluded from being imposed pursuant to law,	16315
a court that imposes a sentence upon an offender for a felony may	16316
impose any sanction or combination of sanctions on the offender	16317
that are provided in sections 2929.14 to 2929.18 of the Revised	16318
Code. The sentence shall not impose an unnecessary burden on state	16319
or local government resources.	16320

If the offender is eligible to be sentenced to community	16321
control sanctions, the court shall consider the appropriateness of	16322
imposing a financial sanction pursuant to section 2929.18 of the	16323
Revised Code or a sanction of community service pursuant to	16324
section 2929.17 of the Revised Code as the sole sanction for the	16325
offense. Except as otherwise provided in this division, if the	16326
court is required to impose a mandatory prison term for the	16327
offense for which sentence is being imposed, the court also may	16328
impose a financial sanction pursuant to section 2929.18 of the	16329
Revised Code but may not impose any additional sanction or	16330
combination of sanctions under section 2929.16 or 2929.17 of the	16331
Revised Code.	16332

If the offender is being sentenced for a fourth degree felony	16333
OVI offense or for a third degree felony OVI offense, in addition	16334
to the mandatory term of local incarceration or the mandatory	16335
prison term required for the offense by division (G)(1) or (2) of	16336
this section, the court shall impose upon the offender a mandatory	16337
fine in accordance with division (B)(3) of section 2929.18 of the	16338
Revised Code and may impose whichever of the following is	16339
applicable:	16340

(1) For a fourth degree felony OVI offense for which sentence	16341
is imposed under division (G)(1) of this section, an additional	16342
community control sanction or combination of community control	16343
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	16344
the court imposes upon the offender a community control sanction	16345
and the offender violates any condition of the community control	16346
sanction, the court may take any action prescribed in division (B)	16347
of section 2929.15 of the Revised Code relative to the offender,	16348
including imposing a prison term on the offender pursuant to that	16349
division.	16350

(2) For a third or fourth degree felony OVI offense for which	16351
sentence is imposed under division (G)(2) of this section, an	16352
additional prison term as described in division (D)(4) of section	16353
2929.14 of the Revised Code or a community control sanction as	16354
described in division (G)(2) of this section.	16355

(B)(1) Except as provided in division (B)(2), (E), (F), or	16356
(G) of this section, in sentencing an offender for a felony of the	16357
fourth or fifth degree, the sentencing court shall determine	16358
whether any of the following apply:	16359

(a) In committing the offense, the offender caused physical	16360
harm to a person.	16361

(b) In committing the offense, the offender attempted to	16362
cause or made an actual threat of physical harm to a person with a	16363
deadly weapon.	16364

(c) In committing the offense, the offender attempted to	16365
cause or made an actual threat of physical harm to a person, and	16366
the offender previously was convicted of an offense that caused	16367
physical harm to a person.	16368

(d) The offender held a public office or position of trust	16369
and the offense related to that office or position; the offender's	16370
position obliged the offender to prevent the offense or to bring	16371
those committing it to justice; or the offender's professional	16372
reputation or position facilitated the offense or was likely to	16373
influence the future conduct of others.	16374

(e) The offender committed the offense for hire or as part of	16375
an organized criminal activity.	16376

(f) The offense is a sex offense that is a fourth or fifth	16377
degree felony violation of section 2907.03, 2907.04, 2907.05,	16378
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	16379
Revised Code.	16380

(g) The offender at the time of the offense was serving, or	16381
the offender previously had served, a prison term.	16382

(h) The offender committed the offense while under a	16383
community control sanction, while on probation, or while released	16384
from custody on a bond or personal recognizance.	16385

(i) The offender committed the offense while in possession of	16386
a firearm.	16387

(2)(a) If the court makes a finding described in division	16388
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	16389
section and if the court, after considering the factors set forth	16390
in section 2929.12 of the Revised Code, finds that a prison term	16391
is consistent with the purposes and principles of sentencing set	16392
forth in section 2929.11 of the Revised Code and finds that the	16393
offender is not amenable to an available community control	16394
sanction, the court shall impose a prison term upon the offender.	16395

(b) Except as provided in division (E), (F), or (G) of this	16396
section, if the court does not make a finding described in	16397
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	16398
this section and if the court, after considering the factors set	16399
forth in section 2929.12 of the Revised Code, finds that a	16400
community control sanction or combination of community control	16401
sanctions is consistent with the purposes and principles of	16402
sentencing set forth in section 2929.11 of the Revised Code, the	16403
court shall impose a community control sanction or combination of	16404
community control sanctions upon the offender.	16405

(C) Except as provided in division (E), (F), or (G) of this	16406
section, in determining whether to impose a prison term as a	16407
sanction for a felony of the third degree or a felony drug offense	16408
that is a violation of a provision of Chapter 2925. of the Revised	16409
Code and that is specified as being subject to this division for	16410
purposes of sentencing, the sentencing court shall comply with the	16411
purposes and principles of sentencing under section 2929.11 of the	16412
Revised Code and with section 2929.12 of the Revised Code.	16413

(D) Except as provided in division (E) or (F) of this	16414
section, for a felony of the first or second degree and for a	16415
felony drug offense that is a violation of any provision of	16416
Chapter 2925., 3719., or 4729. of the Revised Code for which a	16417
presumption in favor of a prison term is specified as being	16418
applicable, it is presumed that a prison term is necessary in	16419
order to comply with the purposes and principles of sentencing	16420
under section 2929.11 of the Revised Code. Notwithstanding the	16421
presumption established under this division, the sentencing court	16422
may impose a community control sanction or a combination of	16423
community control sanctions instead of a prison term on an	16424
offender for a felony of the first or second degree or for a	16425
felony drug offense that is a violation of any provision of	16426
Chapter 2925., 3719., or 4729. of the Revised Code for which a	16427
presumption in favor of a prison term is specified as being	16428
applicable if it makes both of the following findings:	16429

(1) A community control sanction or a combination of	16430
community control sanctions would adequately punish the offender	16431
and protect the public from future crime, because the applicable	16432
factors under section 2929.12 of the Revised Code indicating a	16433
lesser likelihood of recidivism outweigh the applicable factors	16434
under that section indicating a greater likelihood of recidivism.	16435

(2) A community control sanction or a combination of	16436
community control sanctions would not demean the seriousness of	16437
the offense, because one or more factors under section 2929.12 of	16438
the Revised Code that indicate that the offender's conduct was	16439
less serious than conduct normally constituting the offense are	16440
applicable, and they outweigh the applicable factors under that	16441
section that indicate that the offender's conduct was more serious	16442
than conduct normally constituting the offense.	16443

(E)(1) Except as provided in division (F) of this section,	16444
for any drug offense that is a violation of any provision of	16445
Chapter 2925. of the Revised Code and that is a felony of the	16446
third, fourth, or fifth degree, the applicability of a presumption	16447
under division (D) of this section in favor of a prison term or of	16448
division (B) or (C) of this section in determining whether to	16449
impose a prison term for the offense shall be determined as	16450
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	16451
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	16452
Revised Code, whichever is applicable regarding the violation.	16453

(2) If an offender who was convicted of or pleaded guilty to	16454
a felony violates the conditions of a community control sanction	16455
imposed for the offense solely by reason of producing positive	16456
results on a drug test, the court, as punishment for the violation	16457
of the sanction, shall not order that the offender be imprisoned	16458
unless the court determines on the record either of the following:	16459

(a) The offender had been ordered as a sanction for the	16460
felony to participate in a drug treatment program, in a drug	16461
education program, or in narcotics anonymous or a similar program,	16462
and the offender continued to use illegal drugs after a reasonable	16463
period of participation in the program.	16464

(b) The imprisonment of the offender for the violation is	16465
consistent with the purposes and principles of sentencing set	16466
forth in section 2929.11 of the Revised Code.	16467

(F) Notwithstanding divisions (A) to (E) of this section, the	16468
court shall impose a prison term or terms under sections 2929.02	16469
to 2929.06, section 2929.14, or section 2971.03 of the Revised	16470
Code, and except as specifically provided in section 2929.20 or,	16471
2967.191, or 2967.24 of the Revised Code or when parole is	16472
authorized for the offense under section 2967.13 of the Revised	16473
Code, the terms shall not ~~reduce the terms~~be reduced pursuant to	16474
section 2929.20, section 2967.193, or any other provision of	16475
Chapter 2967. or Chapter 5120. of the Revised Code for any of the	16476
following offenses:	16477

(1) Aggravated murder when death is not imposed or murder;

16478

(2) Any rape, regardless of whether force was involved and	16479
regardless of the age of the victim, or an attempt to commit rape	16480
if, had the offender completed the rape that was attempted, the	16481
offender would have been subject to a sentence of life	16482
imprisonment or life imprisonment without parole for the rape;	16483

(3) Gross sexual imposition or sexual battery, if the victim	16484
is under thirteen years of age, if the offender previously was	16485
convicted of or pleaded guilty to rape, the former offense of	16486
felonious sexual penetration, gross sexual imposition, or sexual	16487
battery, and if the victim of the previous offense was under	16488
thirteen years of age;	16489

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	16490
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	16491
requires the imposition of a prison term;	16492

(5) A first, second, or third degree felony drug offense for	16493
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	16494
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	16495
4729.99 of the Revised Code, whichever is applicable regarding the	16496
violation, requires the imposition of a mandatory prison term;	16497

(6) Any offense that is a first or second degree felony and	16498
that is not set forth in division (F)(1), (2), (3), or (4) of this	16499
section, if the offender previously was convicted of or pleaded	16500
guilty to aggravated murder, murder, any first or second degree	16501
felony, or an offense under an existing or former law of this	16502
state, another state, or the United States that is or was	16503
substantially equivalent to one of those offenses;	16504

(7) Any offense that is a third degree felony and that is	16505
listed in division (DD)(1) of section 2929.01 of the Revised Code	16506
if the offender previously was convicted of or pleaded guilty to	16507
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	16508
section 2929.01 of the Revised Code;	16509

(8) Any offense, other than a violation of section 2923.12 of	16510
the Revised Code, that is a felony, if the offender had a firearm	16511
on or about the offender's person or under the offender's control	16512
while committing the felony, with respect to a portion of the	16513
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	16514
of the Revised Code for having the firearm;	16515

(9) Any offense of violence that is a felony, if the offender	16516
wore or carried body armor while committing the felony offense of	16517
violence, with respect to the portion of the sentence imposed	16518
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	16519
Code for wearing or carrying the body armor;	16520

(10) Corrupt activity in violation of section 2923.32 of the	16521
Revised Code when the most serious offense in the pattern of	16522
corrupt activity that is the basis of the offense is a felony of	16523
the first degree;	16524

(11) Any violent sex offense or designated homicide, assault,	16525
or kidnapping offense if, in relation to that offense, the	16526
offender is adjudicated a sexually violent predator;	16527

(12) A violation of division (A)(1) or (2) of section 2921.36	16528
of the Revised Code, or a violation of division (C) of that	16529
section involving an item listed in division (A)(1) or (2) of that	16530
section, if the offender is an officer or employee of the	16531
department of rehabilitation and correction;	16532

(13) A violation of division (A)(1) or (2) of section 2903.06	16533
of the Revised Code if the victim of the offense is a peace	16534
officer, as defined in section 2935.01 of the Revised Code, with	16535
respect to the portion of the sentence imposed pursuant to	16536
division (D)(5) of section 2929.14 of the Revised Code;	16537

(14) A violation of division (A)(1) or (2) of section 2903.06	16538
of the Revised Code if the offender has been convicted of or	16539
pleaded guilty to three or more violations of division (A) or (B)	16540
of section 4511.19 of the Revised Code or an equivalent offense,	16541
as defined in section 2941.1415 of the Revised Code, or three or	16542
more violations of any combination of those divisions and	16543
offenses, with respect to the portion of the sentence imposed	16544
pursuant to division (D)(6) of section 2929.14 of the Revised	16545
Code.	16546

(G) Notwithstanding divisions (A) to (E) of this section, if	16547
an offender is being sentenced for a fourth degree felony OVI	16548
offense or for a third degree felony OVI offense, the court shall	16549
impose upon the offender a mandatory term of local incarceration	16550
or a mandatory prison term in accordance with the following:	16551

(1) If the offender is being sentenced for a fourth degree	16552
felony OVI offense and if the offender has not been convicted of	16553
and has not pleaded guilty to a specification of the type	16554
described in section 2941.1413 of the Revised Code, the court may	16555
impose upon the offender a mandatory term of local incarceration	16556
of sixty days or one hundred twenty days as specified in division	16557
(G)(1)(d) of section 4511.19 of the Revised Code. ~~The court~~	16558
Subject to section 2967.24 of the Revised Code, the term shall not	16559
~~reduce the term~~be reduced pursuant to section 2929.20, 2967.193,	16560
or any other provision of the Revised Code. The court that imposes	16561
a mandatory term of local incarceration under this division shall	16562
specify whether the term is to be served in a jail, a	16563
community-based correctional facility, a halfway house, or an	16564
alternative residential facility, and the offender shall serve the	16565
term in the type of facility specified by the court. A mandatory	16566
term of local incarceration imposed under division (G)(1) of this	16567
section is not subject to extension under section 2967.11 of the	16568
Revised Code, to a period of post-release control under section	16569
2967.28 of the Revised Code, or to any other Revised Code	16570
provision that pertains to a prison term except as provided in	16571
division (A)(1) of this section.	16572

(2) If the offender is being sentenced for a third degree	16573
felony OVI offense, or if the offender is being sentenced for a	16574
fourth degree felony OVI offense and the court does not impose a	16575
mandatory term of local incarceration under division (G)(1) of	16576
this section, the court shall impose upon the offender a mandatory	16577
prison term of one, two, three, four, or five years if the	16578
offender also is convicted of or also pleads guilty to a	16579
specification of the type described in section 2941.1413 of the	16580
Revised Code or shall impose upon the offender a mandatory prison	16581
term of sixty days or one hundred twenty days as specified in	16582
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	16583
if the offender has not been convicted of and has not pleaded	16584
guilty to a specification of that type. ~~The court~~Subject to	16585
section 2967.24 of the Revised Code, the term shall not ~~reduce the~~	16586
~~term~~be reduced pursuant to section 2929.20, 2967.193, or any	16587
other provision of the Revised Code. The offender shall serve the	16588
one-, two-, three-, four-, or five-year mandatory prison term	16589
consecutively to and prior to the prison term imposed for the	16590
underlying offense and consecutively to any other mandatory prison	16591
term imposed in relation to the offense. In no case shall an	16592
offender who once has been sentenced to a mandatory term of local	16593
incarceration pursuant to division (G)(1) of this section for a	16594
fourth degree felony OVI offense be sentenced to another mandatory	16595
term of local incarceration under that division for any violation	16596
of division (A) of section 4511.19 of the Revised Code. In	16597
addition to the mandatory prison term described in division (G)(2)	16598
of this section, the court may sentence the offender to a	16599
community control sanction under section 2929.16 or 2929.17 of the	16600
Revised Code, but the offender shall serve the prison term prior	16601
to serving the community control sanction. The department of	16602
rehabilitation and correction may place an offender sentenced to a	16603
mandatory prison term under this division in an intensive program	16604
prison established pursuant to section 5120.033 of the Revised	16605
Code if the department gave the sentencing judge prior notice of	16606
its intent to place the offender in an intensive program prison	16607
established under that section and if the judge did not notify the	16608
department that the judge disapproved the placement. Upon the	16609
establishment of the initial intensive program prison pursuant to	16610
section 5120.033 of the Revised Code that is privately operated	16611
and managed by a contractor pursuant to a contract entered into	16612
under section 9.06 of the Revised Code, both of the following	16613
apply:	16614

(a) The department of rehabilitation and correction shall	16615
make a reasonable effort to ensure that a sufficient number of	16616
offenders sentenced to a mandatory prison term under this division	16617
are placed in the privately operated and managed prison so that	16618
the privately operated and managed prison has full occupancy.	16619

(b) Unless the privately operated and managed prison has full	16620
occupancy, the department of rehabilitation and correction shall	16621
not place any offender sentenced to a mandatory prison term under	16622
this division in any intensive program prison established pursuant	16623
to section 5120.033 of the Revised Code other than the privately	16624
operated and managed prison.	16625

(H) If an offender is being sentenced for a sexually oriented	16626
offense committed on or after January 1, 1997, the judge shall	16627
require the offender to submit to a DNA specimen collection	16628
procedure pursuant to section 2901.07 of the Revised Code if	16629
either of the following applies:	16630

(1) The offense was a violent sex offense or a designated	16631
homicide, assault, or kidnapping offense and, in relation to that	16632
offense, the offender was adjudicated a sexually violent predator.	16633

(2) The judge imposing sentence for the sexually oriented	16634
offense determines pursuant to division (B) of section 2950.09 of	16635
the Revised Code that the offender is a sexual predator.	16636

(I) If an offender is being sentenced for a sexually oriented	16637
offense that is not a registration-exempt sexually oriented	16638
offense or for a child-victim oriented offense committed on or	16639
after January 1, 1997, the judge shall include in the sentence a	16640
summary of the offender's duties imposed under sections 2950.04,	16641
2950.041, 2950.05, and 2950.06 of the Revised Code and the	16642
duration of the duties. The judge shall inform the offender, at	16643
the time of sentencing, of those duties and of their duration and,	16644
if required under division (A)(2) of section 2950.03 of the	16645
Revised Code, shall perform the duties specified in that section.	16646

(J)(1) Except as provided in division (J)(2) of this section,	16647
when considering sentencing factors under this section in relation	16648
to an offender who is convicted of or pleads guilty to an attempt	16649
to commit an offense in violation of section 2923.02 of the	16650
Revised Code, the sentencing court shall consider the factors	16651
applicable to the felony category of the violation of section	16652
2923.02 of the Revised Code instead of the factors applicable to	16653
the felony category of the offense attempted.	16654

(2) When considering sentencing factors under this section in	16655
relation to an offender who is convicted of or pleads guilty to an	16656
attempt to commit a drug abuse offense for which the penalty is	16657
determined by the amount or number of unit doses of the controlled	16658
substance involved in the drug abuse offense, the sentencing court	16659
shall consider the factors applicable to the felony category that	16660
the drug abuse offense attempted would be if that drug abuse	16661
offense had been committed and had involved an amount or number of	16662
unit doses of the controlled substance that is within the next	16663
lower range of controlled substance amounts than was involved in	16664
the attempt.	16665

(K) As used in this section, "drug abuse offense" has the	16666
same meaning as in section 2925.01 of the Revised Code.	16667

Sec. 2929.14. (A) Except as provided in division (C),	16668
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this	16669
section and except in relation to an offense for which a sentence	16670
of death or life imprisonment is to be imposed, if the court	16671
imposing a sentence upon an offender for a felony elects or is	16672
required to impose a prison term on the offender pursuant to this	16673
chapter, the court shall impose a definite prison term that shall	16674
be one of the following:	16675

(1) For a felony of the first degree, the prison term shall	16676
be three, four, five, six, seven, eight, nine, or ten years.	16677

(2) For a felony of the second degree, the prison term shall	16678
be two, three, four, five, six, seven, or eight years.	16679

(3) For a felony of the third degree, the prison term shall	16680
be one, two, three, four, or five years.	16681

(4) For a felony of the fourth degree, the prison term shall	16682
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	16683
fourteen, fifteen, sixteen, seventeen, or eighteen months.	16684

(5) For a felony of the fifth degree, the prison term shall	16685
be six, seven, eight, nine, ten, eleven, or twelve months.	16686

(B) Except as provided in division (C), (D)(1), (D)(2),	16687
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02	16688
of the Revised Code, or in Chapter 2925. of the Revised Code, if	16689
the court imposing a sentence upon an offender for a felony elects	16690
or is required to impose a prison term on the offender, the court	16691
shall impose the shortest prison term authorized for the offense	16692
pursuant to division (A) of this section, unless one or more of	16693
the following applies:	16694

(1) The offender was serving a prison term at the time of the	16695
offense, or the offender previously had served a prison term.	16696

(2) The court finds on the record that the shortest prison	16697
term will demean the seriousness of the offender's conduct or will	16698
not adequately protect the public from future crime by the	16699
offender or others.	16700

(C) Except as provided in division (G) of this section or in	16701
Chapter 2925. of the Revised Code, the court imposing a sentence	16702
upon an offender for a felony may impose the longest prison term	16703
authorized for the offense pursuant to division (A) of this	16704
section only upon offenders who committed the worst forms of the	16705
offense, upon offenders who pose the greatest likelihood of	16706
committing future crimes, upon certain major drug offenders under	16707
division (D)(3) of this section, and upon certain repeat violent	16708
offenders in accordance with division (D)(2) of this section.	16709

(D)(1)(a) Except as provided in division (D)(1)(e) of this	16710
section, if an offender who is convicted of or pleads guilty to a	16711
felony also is convicted of or pleads guilty to a specification of	16712
the type described in section 2941.141, 2941.144, or 2941.145 of	16713
the Revised Code, the court shall impose on the offender one of	16714
the following prison terms:	16715

(i) A prison term of six years if the specification is of the	16716
type described in section 2941.144 of the Revised Code that	16717
charges the offender with having a firearm that is an automatic	16718
firearm or that was equipped with a firearm muffler or silencer on	16719
or about the offender's person or under the offender's control	16720
while committing the felony;	16721

(ii) A prison term of three years if the specification is of	16722
the type described in section 2941.145 of the Revised Code that	16723
charges the offender with having a firearm on or about the	16724
offender's person or under the offender's control while committing	16725
the offense and displaying the firearm, brandishing the firearm,	16726
indicating that the offender possessed the firearm, or using it to	16727
facilitate the offense;	16728

(iii) A prison term of one year if the specification is of	16729
the type described in section 2941.141 of the Revised Code that	16730
charges the offender with having a firearm on or about the	16731
offender's person or under the offender's control while committing	16732
the felony.	16733

(b) If a court imposes a prison term on an offender under	16734
division (D)(1)(a) of this section, subject to section 2967.24 of	16735
the Revised Code, the prison term shall not be reduced pursuant to	16736
section 2929.20, section 2967.193, or any other provision of	16737
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall	16738
not impose more than one prison term on an offender under division	16739
(D)(1)(a) of this section for felonies committed as part of the	16740
same act or transaction.	16741

(c) Except as provided in division (D)(1)(e) of this section,	16742
if an offender who is convicted of or pleads guilty to a violation	16743
of section 2923.161 of the Revised Code or to a felony that	16744
includes, as an essential element, purposely or knowingly causing	16745
or attempting to cause the death of or physical harm to another,	16746
also is convicted of or pleads guilty to a specification of the	16747
type described in section 2941.146 of the Revised Code that	16748
charges the offender with committing the offense by discharging a	16749
firearm from a motor vehicle other than a manufactured home, the	16750
court, after imposing a prison term on the offender for the	16751
violation of section 2923.161 of the Revised Code or for the other	16752
felony offense under division (A), (D)(2), or (D)(3) of this	16753
section, shall impose an additional prison term of five years upon	16754
the offender that, subject to section 2967.24 of the Revised Code,	16755
shall not be reduced pursuant to section 2929.20, section	16756
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	16757
of the Revised Code. A court shall not impose more than one	16758
additional prison term on an offender under division (D)(1)(c) of	16759
this section for felonies committed as part of the same act or	16760
transaction. If a court imposes an additional prison term on an	16761
offender under division (D)(1)(c) of this section relative to an	16762
offense, the court also shall impose a prison term under division	16763
(D)(1)(a) of this section relative to the same offense, provided	16764
the criteria specified in that division for imposing an additional	16765
prison term are satisfied relative to the offender and the	16766
offense.	16767

(d) If an offender who is convicted of or pleads guilty to an	16768
offense of violence that is a felony also is convicted of or	16769
pleads guilty to a specification of the type described in section	16770
2941.1411 of the Revised Code that charges the offender with	16771
wearing or carrying body armor while committing the felony offense	16772
of violence, the court shall impose on the offender a prison term	16773
of two years. ~~The~~Subject to section 2967.24 of the Revised Code,	16774
the prison term so imposed shall not be reduced pursuant to	16775
section 2929.20, section 2967.193, or any other provision of	16776
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall	16777
not impose more than one prison term on an offender under division	16778
(D)(1)(d) of this section for felonies committed as part of the	16779
same act or transaction. If a court imposes an additional prison	16780
term under division (D)(1)(a) or (c) of this section, the court is	16781
not precluded from imposing an additional prison term under	16782
division (D)(1)(d) of this section.	16783

(e) The court shall not impose any of the prison terms	16784
described in division (D)(1)(a) of this section or any of the	16785
additional prison terms described in division (D)(1)(c) of this	16786
section upon an offender for a violation of section 2923.12 or	16787
2923.123 of the Revised Code. The court shall not impose any of	16788
the prison terms described in division (D)(1)(a) of this section	16789
or any of the additional prison terms described in division	16790
(D)(1)(c) of this section upon an offender for a violation of	16791
section 2923.13 of the Revised Code unless all of the following	16792
apply:	16793

(i) The offender previously has been convicted of aggravated	16794
murder, murder, or any felony of the first or second degree.	16795

(ii) Less than five years have passed since the offender was	16796
released from prison or post-release control, whichever is later,	16797
for the prior offense.	16798

(f) If an offender is convicted of or pleads guilty to a	16799
felony that includes, as an essential element, causing or	16800
attempting to cause the death of or physical harm to another and	16801
also is convicted of or pleads guilty to a specification of the	16802
type described in section 2941.1412 of the Revised Code that	16803
charges the offender with committing the offense by discharging a	16804
firearm at a peace officer as defined in section 2935.01 of the	16805
Revised Code or a corrections officer as defined in section	16806
2941.1412 of the Revised Code, the court, after imposing a prison	16807
term on the offender for the felony offense under division (A),	16808
(D)(2), or (D)(3) of this section, shall impose an additional	16809
prison term of seven years upon the offender that, subject to	16810
section 2967.24 of the Revised Code, shall not be reduced pursuant	16811
to section 2929.20, section 2967.193, or any other provision of	16812
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall	16813
not impose more than one additional prison term on an offender	16814
under division (D)(1)(f) of this section for felonies committed as	16815
part of the same act or transaction. If a court imposes an	16816
additional prison term on an offender under division (D)(1)(f) of	16817
this section relative to an offense, the court shall not impose a	16818
prison term under division (D)(1)(a) or (c) of this section	16819
relative to the same offense.	16820

(2)(a) If an offender who is convicted of or pleads guilty to	16821
a felony also is convicted of or pleads guilty to a specification	16822
of the type described in section 2941.149 of the Revised Code that	16823
the offender is a repeat violent offender, the court shall impose	16824
a prison term from the range of terms authorized for the offense	16825
under division (A) of this section that may be the longest term in	16826
the range and that, subject to section 2967.24 of the Revised	16827
Code, shall not be reduced pursuant to section 2929.20, section	16828
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	16829
of the Revised Code. If the court finds that the repeat violent	16830
offender, in committing the offense, caused any physical harm that	16831
carried a substantial risk of death to a person or that involved	16832
substantial permanent incapacity or substantial permanent	16833
disfigurement of a person, the court shall impose the longest	16834
prison term from the range of terms authorized for the offense	16835
under division (A) of this section.	16836

(b) If the court imposing a prison term on a repeat violent	16837
offender imposes the longest prison term from the range of terms	16838
authorized for the offense under division (A) of this section, the	16839
court may impose on the offender an additional definite prison	16840
term of one, two, three, four, five, six, seven, eight, nine, or	16841
ten years if the court finds that both of the following apply with	16842
respect to the prison terms imposed on the offender pursuant to	16843
division (D)(2)(a) of this section and, if applicable, divisions	16844
(D)(1) and (3) of this section:	16845

(i) The terms so imposed are inadequate to punish the	16846
offender and protect the public from future crime, because the	16847
applicable factors under section 2929.12 of the Revised Code	16848
indicating a greater likelihood of recidivism outweigh the	16849
applicable factors under that section indicating a lesser	16850
likelihood of recidivism.	16851

(ii) The terms so imposed are demeaning to the seriousness of	16852
the offense, because one or more of the factors under section	16853
2929.12 of the Revised Code indicating that the offender's conduct	16854
is more serious than conduct normally constituting the offense are	16855
present, and they outweigh the applicable factors under that	16856
section indicating that the offender's conduct is less serious	16857
than conduct normally constituting the offense.	16858

(3)(a) Except when an offender commits a violation of section	16859
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	16860
the violation is life imprisonment or commits a violation of	16861
section 2903.02 of the Revised Code, if the offender commits a	16862
violation of section 2925.03 or 2925.11 of the Revised Code and	16863
that section classifies the offender as a major drug offender and	16864
requires the imposition of a ten-year prison term on the offender,	16865
if the offender commits a felony violation of section 2925.02,	16866
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	16867
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	16868
division (C) of section 4729.51, or division (J) of section	16869
4729.54 of the Revised Code that includes the sale, offer to sell,	16870
or possession of a schedule I or II controlled substance, with the	16871
exception of marihuana, and the court imposing sentence upon the	16872
offender finds that the offender is guilty of a specification of	16873
the type described in section 2941.1410 of the Revised Code	16874
charging that the offender is a major drug offender, if the court	16875
imposing sentence upon an offender for a felony finds that the	16876
offender is guilty of corrupt activity with the most serious	16877
offense in the pattern of corrupt activity being a felony of the	16878
first degree, or if the offender is guilty of an attempted	16879
violation of section 2907.02 of the Revised Code and, had the	16880
offender completed the violation of section 2907.02 of the Revised	16881
Code that was attempted, the offender would have been subject to a	16882
sentence of life imprisonment or life imprisonment without parole	16883
for the violation of section 2907.02 of the Revised Code, the	16884
court shall impose upon the offender for the felony violation a	16885
ten-year prison term that, subject to section 2967.24 of the	16886
Revised Code, cannot be reduced pursuant to section 2929.20 or	16887
Chapter 2967. or 5120. of the Revised Code.	16888

(b) The court imposing a prison term on an offender under	16889
division (D)(3)(a) of this section may impose an additional prison	16890
term of one, two, three, four, five, six, seven, eight, nine, or	16891
ten years, if the court, with respect to the term imposed under	16892
division (D)(3)(a) of this section and, if applicable, divisions	16893
(D)(1) and (2) of this section, makes both of the findings set	16894
forth in divisions (D)(2)(b)(i) and (ii) of this section.	16895

(4) If the offender is being sentenced for a third or fourth	16896
degree felony OVI offense under division (G)(2) of section 2929.13	16897
of the Revised Code, the sentencing court shall impose upon the	16898
offender a mandatory prison term in accordance with that division.	16899
In addition to the mandatory prison term, if the offender is being	16900
sentenced for a fourth degree felony OVI offense, the court,	16901
notwithstanding division (A)(4) of this section, may sentence the	16902
offender to a definite prison term of not less than six months and	16903
not more than thirty months, and if the offender is being	16904
sentenced for a third degree felony OVI offense, the sentencing	16905
court may sentence the offender to an additional prison term of	16906
any duration specified in division (A)(3) of this section. In	16907
either case, the additional prison term imposed shall be reduced	16908
by the sixty or one hundred twenty days imposed upon the offender	16909
as the mandatory prison term. The total of the additional prison	16910
term imposed under division (D)(4) of this section plus the sixty	16911
or one hundred twenty days imposed as the mandatory prison term	16912
shall equal a definite term in the range of six months to thirty	16913
months for a fourth degree felony OVI offense and shall equal one	16914
of the authorized prison terms specified in division (A)(3) of	16915
this section for a third degree felony OVI offense. If the court	16916
imposes an additional prison term under division (D)(4) of this	16917
section, the offender shall serve the additional prison term after	16918
the offender has served the mandatory prison term required for the	16919
offense. In addition to the mandatory prison term or mandatory and	16920
additional prison term imposed as described in division (D)(4) of	16921
this section, the court also may sentence the offender to a	16922
community control sanction under section 2929.16 or 2929.17 of the	16923
Revised Code, but the offender shall serve all of the prison terms	16924
so imposed prior to serving the community control sanction.	16925

If the offender is being sentenced for a fourth degree felony	16926
OVI offense under division (G)(1) of section 2929.13 of the	16927
Revised Code and the court imposes a mandatory term of local	16928
incarceration, the court may impose a prison term as described in	16929
division (A)(1) of that section.	16930

(5) If an offender is convicted of or pleads guilty to a	16931
violation of division (A)(1) or (2) of section 2903.06 of the	16932
Revised Code and also is convicted of or pleads guilty to a	16933
specification of the type described in section 2941.1414 of the	16934
Revised Code that charges that the victim of the offense is a	16935
peace officer, as defined in section 2935.01 of the Revised Code,	16936
the court shall impose on the offender a prison term of five	16937
years. If a court imposes a prison term on an offender under	16938
division (D)(5) of this section, subject to section 2967.24 of the	16939
Revised Code, the prison term shall not be reduced pursuant to	16940
section 2929.20, section 2967.193, or any other provision of	16941
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall	16942
not impose more than one prison term on an offender under division	16943
(D)(5) of this section for felonies committed as part of the same	16944
act.	16945

(6) If an offender is convicted of or pleads guilty to a	16946
violation of division (A)(1) or (2) of section 2903.06 of the	16947
Revised Code and also is convicted of or pleads guilty to a	16948
specification of the type described in section 2941.1415 of the	16949
Revised Code that charges that the offender previously has been	16950
convicted of or pleaded guilty to three or more violations of	16951
division (A) or (B) of section 4511.19 of the Revised Code or an	16952
equivalent offense, as defined in section 2941.1415 of the Revised	16953
Code, or three or more violations of any combination of those	16954
divisions and offenses, the court shall impose on the offender a	16955
prison term of three years. If a court imposes a prison term on an	16956
offender under division (D)(6) of this section, subject to section	16957
2967.24 of the Revised Code, the prison term shall not be reduced	16958
pursuant to section 2929.20, section 2967.193, or any other	16959
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	16960
court shall not impose more than one prison term on an offender	16961
under division (D)(6) of this section for felonies committed as	16962
part of the same act.	16963

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	16964
mandatory prison term is imposed upon an offender pursuant to	16965
division (D)(1)(a) of this section for having a firearm on or	16966
about the offender's person or under the offender's control while	16967
committing a felony, if a mandatory prison term is imposed upon an	16968
offender pursuant to division (D)(1)(c) of this section for	16969
committing a felony specified in that division by discharging a	16970
firearm from a motor vehicle, or if both types of mandatory prison	16971
terms are imposed, the offender shall serve any mandatory prison	16972
term imposed under either division consecutively to any other	16973
mandatory prison term imposed under either division or under	16974
division (D)(1)(d) of this section, consecutively to and prior to	16975
any prison term imposed for the underlying felony pursuant to	16976
division (A), (D)(2), or (D)(3) of this section or any other	16977
section of the Revised Code, and consecutively to any other prison	16978
term or mandatory prison term previously or subsequently imposed	16979
upon the offender.	16980

(b) If a mandatory prison term is imposed upon an offender	16981
pursuant to division (D)(1)(d) of this section for wearing or	16982
carrying body armor while committing an offense of violence that	16983
is a felony, the offender shall serve the mandatory term so	16984
imposed consecutively to any other mandatory prison term imposed	16985
under that division or under division (D)(1)(a) or (c) of this	16986
section, consecutively to and prior to any prison term imposed for	16987
the underlying felony under division (A), (D)(2), or (D)(3) of	16988
this section or any other section of the Revised Code, and	16989
consecutively to any other prison term or mandatory prison term	16990
previously or subsequently imposed upon the offender.	16991

(c) If a mandatory prison term is imposed upon an offender	16992
pursuant to division (D)(1)(f) of this section, the offender shall	16993
serve the mandatory prison term so imposed consecutively to and	16994
prior to any prison term imposed for the underlying felony under	16995
division (A), (D)(2), or (D)(3) of this section or any other	16996
section of the Revised Code, and consecutively to any other prison	16997
term or mandatory prison term previously or subsequently imposed	16998
upon the offender.	16999

(2) If an offender who is an inmate in a jail, prison, or	17000
other residential detention facility violates section 2917.02,	17001
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	17002
who is under detention at a detention facility commits a felony	17003
violation of section 2923.131 of the Revised Code, or if an	17004
offender who is an inmate in a jail, prison, or other residential	17005
detention facility or is under detention at a detention facility	17006
commits another felony while the offender is an escapee in	17007
violation of section 2921.34 of the Revised Code, any prison term	17008
imposed upon the offender for one of those violations shall be	17009
served by the offender consecutively to the prison term or term of	17010
imprisonment the offender was serving when the offender committed	17011
that offense and to any other prison term previously or	17012
subsequently imposed upon the offender.	17013

(3) If a prison term is imposed for a violation of division	17014
(B) of section 2911.01 of the Revised Code, a violation of	17015
division (A) of section 2913.02 of the Revised Code in which the	17016
stolen property is a firearm or dangerous ordnance, or a felony	17017
violation of division (B) of section 2921.331 of the Revised Code,	17018
the offender shall serve that prison term consecutively to any	17019
other prison term or mandatory prison term previously or	17020
subsequently imposed upon the offender.	17021

(4) If multiple prison terms are imposed on an offender for	17022
convictions of multiple offenses, the court may require the	17023
offender to serve the prison terms consecutively if the court	17024
finds that the consecutive service is necessary to protect the	17025
public from future crime or to punish the offender and that	17026
consecutive sentences are not disproportionate to the seriousness	17027
of the offender's conduct and to the danger the offender poses to	17028
the public, and if the court also finds any of the following:	17029

(a) The offender committed one or more of the multiple	17030
offenses while the offender was awaiting trial or sentencing, was	17031
under a sanction imposed pursuant to section 2929.16, 2929.17, or	17032
2929.18 of the Revised Code, or was under post-release control for	17033
a prior offense.	17034

(b) At least two of the multiple offenses were committed as	17035
part of one or more courses of conduct, and the harm caused by two	17036
or more of the multiple offenses so committed was so great or	17037
unusual that no single prison term for any of the offenses	17038
committed as part of any of the courses of conduct adequately	17039
reflects the seriousness of the offender's conduct.	17040

(c) The offender's history of criminal conduct demonstrates	17041
that consecutive sentences are necessary to protect the public	17042
from future crime by the offender.	17043

(5) If a mandatory prison term is imposed upon an offender	17044
pursuant to division (D)(5) or (6) of this section, the offender	17045
shall serve the mandatory prison term consecutively to and prior	17046
to any prison term imposed for the underlying violation of	17047
division (A)(1) or (2) of section 2903.06 of the Revised Code	17048
pursuant to division (A) of this section. If a mandatory prison	17049
term is imposed upon an offender pursuant to division (D)(5) of	17050
this section, and if a mandatory prison term also is imposed upon	17051
the offender pursuant to division (D)(6) of this section in	17052
relation to the same violation, the offender shall serve the	17053
mandatory prison term imposed pursuant to division (D)(5) of this	17054
section consecutively to and prior to the mandatory prison term	17055
imposed pursuant to division (D)(6) of this section and	17056
consecutively to and prior to any prison term imposed for the	17057
underlying violation of division (A)(1) or (2) of section 2903.06	17058
of the Revised Code pursuant to division (A) of this section.	17059

(6) When consecutive prison terms are imposed pursuant to	17060
division (E)(1), (2), (3), (4), or (5) of this section, the term	17061
to be served is the aggregate of all of the terms so imposed.	17062

(F) If a court imposes a prison term of a type described in	17063
division (B) of section 2967.28 of the Revised Code, it shall	17064
include in the sentence a requirement that the offender be subject	17065
to a period of post-release control after the offender's release	17066
from imprisonment, in accordance with that division. If a court	17067
imposes a prison term of a type described in division (C) of that	17068
section, it shall include in the sentence a requirement that the	17069
offender be subject to a period of post-release control after the	17070
offender's release from imprisonment, in accordance with that	17071
division, if the parole board determines that a period of	17072
post-release control is necessary.	17073

(G) If a person is convicted of or pleads guilty to a violent	17074
sex offense or a designated homicide, assault, or kidnapping	17075
offense and, in relation to that offense, the offender is	17076
adjudicated a sexually violent predator, the court shall impose	17077
sentence upon the offender in accordance with section 2971.03 of	17078
the Revised Code, and Chapter 2971. of the Revised Code applies	17079
regarding the prison term or term of life imprisonment without	17080
parole imposed upon the offender and the service of that term of	17081
imprisonment.	17082

(H) If a person who has been convicted of or pleaded guilty	17083
to a felony is sentenced to a prison term or term of imprisonment	17084
under this section, sections 2929.02 to 2929.06 of the Revised	17085
Code, section 2971.03 of the Revised Code, or any other provision	17086
of law, section 5120.163 of the Revised Code applies regarding the	17087
person while the person is confined in a state correctional	17088
institution.	17089

(I) If an offender who is convicted of or pleads guilty to a	17090
felony that is an offense of violence also is convicted of or	17091
pleads guilty to a specification of the type described in section	17092
2941.142 of the Revised Code that charges the offender with having	17093
committed the felony while participating in a criminal gang, the	17094
court shall impose upon the offender an additional prison term of	17095
one, two, or three years.	17096

(J) If an offender who is convicted of or pleads guilty to	17097
aggravated murder, murder, or a felony of the first, second, or	17098
third degree that is an offense of violence also is convicted of	17099
or pleads guilty to a specification of the type described in	17100
section 2941.143 of the Revised Code that charges the offender	17101
with having committed the offense in a school safety zone or	17102
towards a person in a school safety zone, the court shall impose	17103
upon the offender an additional prison term of two years. The	17104
offender shall serve the additional two years consecutively to and	17105
prior to the prison term imposed for the underlying offense.	17106

(K) At the time of sentencing, the court may recommend the	17107
offender for placement in a program of shock incarceration under	17108
section 5120.031 of the Revised Code or for placement in an	17109
intensive program prison under section 5120.032 of the Revised	17110
Code, disapprove placement of the offender in a program of shock	17111
incarceration or an intensive program prison of that nature, or	17112
make no recommendation on placement of the offender. In no case	17113
shall the department of rehabilitation and correction place the	17114
offender in a program or prison of that nature unless the	17115
department determines as specified in section 5120.031 or 5120.032	17116
of the Revised Code, whichever is applicable, that the offender is	17117
eligible for the placement.	17118

If the court disapproves placement of the offender in a	17119
program or prison of that nature, the department of rehabilitation	17120
and correction shall not place the offender in any program of	17121
shock incarceration or intensive program prison.	17122

If the court recommends placement of the offender in a	17123
program of shock incarceration or in an intensive program prison,	17124
and if the offender is subsequently placed in the recommended	17125
program or prison, the department shall notify the court of the	17126
placement and shall include with the notice a brief description of	17127
the placement.	17128

If the court recommends placement of the offender in a	17129
program of shock incarceration or in an intensive program prison	17130
and the department does not subsequently place the offender in the	17131
recommended program or prison, the department shall send a notice	17132
to the court indicating why the offender was not placed in the	17133
recommended program or prison.	17134

If the court does not make a recommendation under this	17135
division with respect to an offender and if the department	17136
determines as specified in section 5120.031 or 5120.032 of the	17137
Revised Code, whichever is applicable, that the offender is	17138
eligible for placement in a program or prison of that nature, the	17139
department shall screen the offender and determine if there is an	17140
available program of shock incarceration or an intensive program	17141
prison for which the offender is suited. If there is an available	17142
program of shock incarceration or an intensive program prison for	17143
which the offender is suited, the department shall notify the	17144
court of the proposed placement of the offender as specified in	17145
section 5120.031 or 5120.032 of the Revised Code and shall include	17146
with the notice a brief description of the placement. The court	17147
shall have ten days from receipt of the notice to disapprove the	17148
placement.	17149

Sec. 2967.13. (A) Except as provided in division (G) of this	17150
section, a prisoner serving a sentence of imprisonment for life	17151
for an offense committed on or after July 1, 1996, is not entitled	17152
to any earned credit under section 2967.193 of the Revised Code	17153
and becomes eligible for parole as follows:	17154

(1) If a sentence of imprisonment for life was imposed for	17155
the offense of murder, at the expiration of the prisoner's minimum	17156
term;	17157

(2) If a sentence of imprisonment for life with parole	17158
eligibility after serving twenty years of imprisonment was imposed	17159
pursuant to section 2929.022 or 2929.03 of the Revised Code, after	17160
serving a term of twenty years;	17161

(3) If a sentence of imprisonment for life with parole	17162
eligibility after serving twenty-five full years of imprisonment	17163
was imposed pursuant to section 2929.022 or 2929.03 of the Revised	17164
Code, after serving a term of twenty-five full years;	17165

(4) If a sentence of imprisonment for life with parole	17166
eligibility after serving thirty full years of imprisonment was	17167
imposed pursuant to section 2929.022 or 2929.03 of the Revised	17168
Code, after serving a term of thirty full years;	17169

(5) If a sentence of imprisonment for life was imposed for	17170
rape, after serving a term of ten full years' imprisonment;	17171

(6) If a sentence of imprisonment for life with parole	17172
eligibility after serving fifteen years of imprisonment was	17173
imposed for a violation of section 2927.24 of the Revised Code,	17174
after serving a term of fifteen years.	17175

(B) Except as provided in division (G) of this section, a	17176
prisoner serving a sentence of imprisonment for life with parole	17177
eligibility after serving twenty years of imprisonment or a	17178
sentence of imprisonment for life with parole eligibility after	17179
serving twenty-five full years or thirty full years of	17180
imprisonment imposed pursuant to section 2929.022 or 2929.03 of	17181
the Revised Code for an offense committed on or after July 1,	17182
1996, consecutively to any other term of imprisonment, becomes	17183
eligible for parole after serving twenty years, twenty full years,	17184
or thirty full years, as applicable, as to each such sentence of	17185
life imprisonment, which shall not be reduced for earned credits	17186
under section 2967.193 of the Revised Code, plus the term or terms	17187
of the other sentences consecutively imposed or, if one of the	17188
other sentences is another type of life sentence with parole	17189
eligibility, the number of years before parole eligibility for	17190
that sentence.	17191

(C) Except as provided in division (G) of this section, a	17192
prisoner serving consecutively two or more sentences in which an	17193
indefinite term of imprisonment is imposed becomes eligible for	17194
parole upon the expiration of the aggregate of the minimum terms	17195
of the sentences.	17196

(D) Except as provided in division (G) of this section, a	17197
prisoner serving a term of imprisonment who is described in	17198
division (A) of section 2967.021 of the Revised Code becomes	17199
eligible for parole as described in that division or, if the	17200
prisoner is serving a definite term of imprisonment, shall be	17201
released as described in that division.	17202

(E) A prisoner serving a sentence of life imprisonment	17203
without parole imposed pursuant to section 2907.02 or section	17204
2929.03 or 2929.06 of the Revised Code is not eligible for parole	17205
and, subject to section 2967.24 of the Revised Code, shall be	17206
imprisoned until death.	17207

(F) A prisoner serving a stated prison term shall be released	17208
in accordance with section 2967.28 of the Revised Code.	17209

(G) A prisoner serving a prison term or term of life	17210
imprisonment without parole imposed pursuant to section 2971.03 of	17211
the Revised Code never becomes eligible for parole during that	17212
term of imprisonment.	17213

Sec. 2967.24. (A) There is hereby established within the	17214
office of the governor the medical hardship prisoner release	17215
commission, consisting of three members appointed by the governor.	17216
One member shall be a retired judge of a court of record of this	17217
state, one member shall be a member of the parole board or a staff	17218
member of the parole board, and one member shall be a physician.	17219
The governor shall make initial appointments to the commission not	17220
later than ninety days after the effective date of this section.	17221
The governor shall oversee the operation of the commission.	17222

Of the initial appointments to the commission, the member who	17223
is a retired judge shall be appointed for a term ending on	17224
December 31, 2008, the member who is a member or staff member of	17225
the parole board shall be appointed for a term ending on December	17226
31, 2007, and the member who is a physician shall be appointed for	17227
a term ending on December 31, 2006. Thereafter, terms of office of	17228
all the members shall be three years, with each term ending on the	17229
same day of the same month as did the term that it succeeds.	17230
Members may be reappointed. Any vacancy on the commission shall be	17231
filled in the same manner provided for the original appointment. A	17232
member appointed to fill a vacancy occurring prior to the	17233
expiration of the term for which that member's predecessor was	17234
appointed shall hold office as a member for the remainder of the	17235
predecessor's term. A member shall continue in office subsequent	17236
to the expiration of that member's term until that member's	17237
successor takes office or until a period of sixty days has	17238
elapsed, whichever occurs first.	17239

(B) The medical hardship prisoner release commission shall	17240
meet within two weeks after all members have been appointed and	17241
shall organize as necessary. The commission shall select a	17242
chairperson, a vice-chairperson, and any other necessary officers	17243
and adopt rules to govern its proceedings. Thereafter, the	17244
commission shall meet as often as is necessary to perform its	17245
functions and duties set forth in division (C) of this section and	17246
shall meet otherwise upon the call of the chairperson. Two members	17247
of the commission constitute a quorum, and the votes of a majority	17248
of the quorum present shall be required to validate any action of	17249
the commission. All business of the commission shall be conducted	17250
in public meetings.	17251

The members of the commission shall serve without	17252
compensation, but each member shall be reimbursed for the member's	17253
actual and necessary expenses incurred in the performance of the	17254
member's official duties on the commission. In the absence of the	17255
chairperson, the vice-chairperson shall perform the duties of the	17256
chairperson.	17257

(C) The director of rehabilitation and correction may file a	17258
written request with the medical hardship prisoner release	17259
commission that requests that the commission approve the release	17260
from imprisonment of a specified prisoner confined in a state	17261
correctional institution, other than a prisoner who is confined in	17262
the institution under a sentence of death, because of a medical	17263
hardship of the prisoner that is one of the medical hardships for	17264
which prisoners are eligible for potential release under the rules	17265
adopted by the department of rehabilitation and correction under	17266
division (E) of this section. The request shall identify the	17267
prisoner, the prisoner's medical hardship, the offense or offenses	17268
for which the prisoner is confined in the institution, the total	17269
length of the prisoner's sentence, and the remaining length of	17270
that sentence. The department shall provide the commission with	17271
any other materials or information the commission requests that is	17272
relevant to the request for the medical hardship release from	17273
imprisonment.	17274

Upon receipt of a request from the director of rehabilitation	17275
and correction pursuant to this division, the commission promptly	17276
shall review the request and all other materials and information	17277
provided by the department and promptly shall determine whether it	17278
believes the specified prisoner should be granted a medical	17279
hardship release and whether the director's request should be	17280
approved or denied. Upon making its determinations, the commission	17281
promptly shall notify the director of rehabilitation and	17282
correction in writing of the determinations. If the commission	17283
approves the director's request, the department may grant the	17284
prisoner a medical hardship release from imprisonment. If the	17285
commission denies the director's request, the department shall not	17286
grant the prisoner a medical hardship release from imprisonment	17287
based on that request. If the commission denies the director's	17288
request, at any time after the denial, the director may file a	17289
subsequent request pursuant to this section for a medical hardship	17290
release for the prisoner, and the commission shall consider that	17291
request in accordance with this section. In no case shall a	17292
prisoner who is confined in a state correctional institution under	17293
a sentence of death be granted a medical hardship release from	17294
imprisonment pursuant to this section.	17295

(D) If the department of rehabilitation and correction grants	17296
a medical hardship release to a prisoner pursuant to this section,	17297
the department shall release the prisoner from imprisonment as if	17298
the prisoner's stated prison term had expired, and the prisoner is	17299
subject to a period of post-release control of up to three years	17300
after the prisoner's release from imprisonment. Before the	17301
department releases the prisoner from imprisonment, the department	17302
shall impose upon the prisoner one or more post-release control	17303
sanctions to apply during the prisoner's period of post-release	17304
control. The department shall impose the sanction or sanctions in	17305
accordance with division (D)(1) of section 2967.28 of the Revised	17306
Code, and divisions (D)(2) and (F) of that section apply to the	17307
prisoner after the prisoner's release from imprisonment and during	17308
the period of post-release control. When the prisoner has	17309
faithfully performed the conditions and obligations of the	17310
inmate's post-release control sanctions and has obeyed the rules	17311
and regulations adopted by the adult parole authority that apply	17312
to the released prisoner or has the period of post-release control	17313
terminated by a court pursuant to section 2929.141 of the Revised	17314
Code, division (B) of section 2967.16 of the Revised Code applies	17315
regarding the prisoner.	17316

(E)(1) The department of rehabilitation and correction shall	17317
specify by rule adopted under Chapter 119. of the Revised Code the	17318
medical hardships for which prisoners are eligible for potential	17319
release from imprisonment pursuant to this section.	17320

(2) Except as otherwise provided in this division, this	17321
section applies to all prisoners who are confined in a state	17322
correctional institution and who are eligible for potential	17323
release for a medical hardship under the rules adopted under	17324
division (E)(1) of this section, including prisoners serving a	17325
term of life imprisonment without parole and prisoners serving a	17326
mandatory prison term. This section does not apply to any prisoner	17327
who is confined in a state correctional institution under a	17328
sentence of death, and no medical hardship release from	17329
imprisonment shall be granted under this section to any prisoner	17330
who is so confined.	17331

(F) The procedures for medical hardship release of prisoners	17332
set forth in this section are separate from, and independent of,	17333
the procedures for parole of dying prisoners under section 2967.05	17334
of the Revised Code.	17335

(G) As used in this section, "physician" means a person who	17336
is authorized under Chapter 4731. of the Revised Code to practice	17337
medicine and surgery, osteopathic medicine and surgery, or a	17338
limited branch of medicine.	17339

Sec. 3107.10. (A) Notwithstanding section 3107.01 of the	17340
Revised Code, as used in this section, "agency" does not include a	17341
public children services agency.	17342

(B) An agency or attorney, whichever arranges a minor's	17343
adoption, shall file with the court a preliminary estimate	17344
accounting not later than the time the adoption petition for the	17345
minor is filed with the court. The agency or attorney, whichever	17346
arranges the adoption, also shall file a final accounting with the	17347
court before a final decree of adoption is issued or an	17348
interlocutory order of adoption is finalized for the minor. The	17349
agency or attorney shall complete and file accountings in a manner	17350
acceptable to the court.	17351

An accounting shall specify all disbursements of anything of	17352
value the petitioner, a person on the petitioner's behalf, and the	17353
agency or attorney made and has agreed to make in connection with	17354
the minor's permanent surrender under division (B) of section	17355
5103.15 of the Revised Code, placement under section 5103.16 of	17356
the Revised Code, and adoption under this chapter. The agency or	17357
attorney shall include in an accounting an itemization of each	17358
expense listed in division (C) of this section. The itemization of	17359
the expenses specified in divisions (C)(3) and (4) of this section	17360
shall show the amount the agency or attorney charged or is going	17361
to charge for the services and the actual cost to the agency or	17362
attorney of providing the services. An accounting shall indicate	17363
whether any expenses listed in division (C) of this section do not	17364
apply to the adoption proceeding for which the accounting is	17365
filed.	17366

The agency or attorney shall include with a preliminary	17367
estimate accounting and a final accounting a written statement	17368
signed by the petitioner that the petitioner has reviewed the	17369
accounting and attests to its accuracy.	17370

(C) No petitioner, person acting on a petitioner's behalf, or	17371
agency or attorney shall make or agree to make any disbursements	17372
in connection with the minor's permanent surrender, placement, or	17373
adoption other than for the following:	17374

(1) Physician expenses incurred on behalf of the birth mother	17375
or minor in connection with prenatal care, delivery, and	17376
confinement prior to or following the minor's birth;	17377

(2) Hospital or other medical facility expenses incurred on	17378
behalf of the birth mother or minor in connection with the minor's	17379
birth;	17380

(3) Expenses charged by the attorney arranging the adoption	17381
for providing legal services in connection with the placement and	17382
adoption, including expenses incurred by the attorney pursuant to	17383
sections 3107.031, 3107.081, 3107.082, 3107.09, and 3107.12 of the	17384
Revised Code;	17385

(4) Expenses charged by the agency arranging the adoption for	17386
providing services in connection with the permanent surrender and	17387
adoption, including the agency's application fee and the expenses	17388
incurred by the agency pursuant to sections 3107.031, 3107.09,	17389
3107.12, 5103.151, and 5103.152 of the Revised Code;	17390

(5) Temporary costs of routine maintenance and medical care	17391
for a minor required under section 5103.16 of the Revised Code if	17392
the person seeking to adopt the minor refuses to accept placement	17393
of the minor;	17394

(6) Guardian ad litem fees incurred on behalf of the minor in	17395
any court proceedings;	17396

(7) Foster care expenses incurred in connection with any	17397
temporary care and maintenance of the minor;	17398

(8) Court expenses incurred in connection with the minor's	17399
permanent surrender, placement, and adoption.	17400

(D) If a court determines from an accounting that an amount	17401
that is going to be disbursed for an expense listed in division	17402
(C) of this section is unreasonable, the court may order a	17403
reduction in the amount to be disbursed. If a court determines	17404
from an accounting that an unreasonable amount was disbursed for	17405
an expense listed in division (C) of this section, the court may	17406
order the person who received the disbursement to refund to the	17407
person who made the disbursement an amount the court orders.	17408

If a court determines from an accounting that a disbursement	17409
for an expense not permitted by division (C) of this section is	17410
going to be made, the court may issue an injunction prohibiting	17411
the disbursement. If a court determines from an accounting that a	17412
disbursement for an expense not permitted by division (C) of this	17413
section was made, the court may order the person who received the	17414
disbursement to return it to the person who made the disbursement.	17415

If a court determines that a final accounting does not	17416
completely report all the disbursements that are going to be made	17417
or have been made in connection with the minor's permanent	17418
surrender, placement, and adoption, the court shall order the	17419
agency or attorney to file with the court an accounting that	17420
completely reports all such disbursements.	17421

The agency or attorney shall file the final accounting with	17422
the court not later than ten days prior to the date scheduled for	17423
the final hearing on the adoption. The court may not issue a final	17424
decree of adoption or finalize an interlocutory order of adoption	17425
of a minor until at least ten days after the agency or attorney	17426
files the final accounting.	17427

(E) ~~At the conclusion of each adoption proceeding, the court~~	17428
~~shall prepare a summary of the proceeding, and on or before the~~	17429
~~tenth day of each month, send copies of the summaries for all~~	17430
~~proceedings concluded during the preceding calendar month to the~~	17431
~~department of job and family services. The summary shall contain:~~	17432

~~(1) A notation of the nature and approximate value or amount~~	17433
~~of anything paid in connection with the proceeding, compiled from~~	17434
~~the final accounting required by division (B) of this section and~~	17435
~~indicating the category of division (C) of this section to which~~	17436
~~any payment relates;~~	17437

~~(2) If the court has not issued a decree because of the~~	17438
~~requirements of division (D) of this section, a notation of that~~	17439
~~fact and a statement of the reason for refusing to issue the~~	17440
~~decree, related to the financial data summarized under division~~	17441
~~(E)(1) of this section;~~	17442

~~(3) If the adoption was arranged by an attorney, a notation~~	17443
~~of that fact.~~	17444

~~The summary shall contain no information identifying by name~~	17445
~~any party to the proceeding or any other person, but may contain~~	17446
~~additional narrative material that the court considers useful to~~	17447
~~an analysis of the summary.~~	17448

~~(F)~~ This section does not apply to an adoption by a	17449
stepparent whose spouse is a biological or adoptive parent of the	17450
minor.	17451

Sec. 3111.04. (A) An action to determine the existence or	17452
nonexistence of the father and child relationship may be brought	17453
by the child or the child's personal representative, the child's	17454
mother or her personal representative, a man alleged or alleging	17455
himself to be the child's father, the child support enforcement	17456
agency of the county in which the child resides if the child's	17457
mother is a recipient of public assistance or of services under	17458
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	17459
U.S.C.A. 651, as amended, or the alleged father's personal	17460
representative.	17461

(B) An agreement does not bar an action under this section.

17462

(C) If an action under this section is brought before the	17463
birth of the child and if the action is contested, all	17464
proceedings, except service of process and the taking of	17465
depositions to perpetuate testimony, may be stayed until after the	17466
birth.	17467

(D) A recipient of public assistance or of services under	17468
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	17469
U.S.C.A. 651, as amended, shall cooperate with the child support	17470
enforcement agency of the county in which a child resides to	17471
obtain an administrative determination pursuant to sections	17472
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	17473
determination pursuant to sections 3111.01 to 3111.18 of the	17474
Revised Code, of the existence or nonexistence of a parent and	17475
child relationship between the father and the child. If the	17476
recipient fails to cooperate, the agency may commence an action to	17477
determine the existence or nonexistence of a parent and child	17478
relationship between the father and the child pursuant to sections	17479
3111.01 to 3111.18 of the Revised Code.	17480

(E) As used in this section, "public assistance" means	17481
medical assistance under Chapter 5111. of the Revised Code,	17482
assistance under Chapter 5107. of the Revised Code, or disability	17483
financial assistance under Chapter 5115. of the Revised Code~~, or~~	17484
~~disability medical assistance under Chapter 5115. of the Revised~~	17485
~~Code~~.	17486

Sec. 3119.54. If either party to a child support order	17487
issued in accordance with section 3119.30 of the Revised Code is	17488
eligible for medical assistance under Chapter 5111. ~~or 5115.~~ of	17489
the Revised Code and the other party has obtained health insurance	17490
coverage, the party eligible for medical assistance shall notify	17491
any physician, hospital, or other provider of medical services for	17492
which medical assistance is available of the name and address of	17493
the other party's insurer and of the number of the other party's	17494
health insurance or health care policy, contract, or plan. Any	17495
physician, hospital, or other provider of medical services for	17496
which medical assistance is available under Chapter 5111. ~~or 5115.~~	17497
of the Revised Code who is notified under this division of the	17498
existence of a health insurance or health care policy, contract,	17499
or plan with coverage for children who are eligible for medical	17500
assistance shall first bill the insurer for any services provided	17501
for those children. If the insurer fails to pay all or any part of	17502
a claim filed under this section and the services for which the	17503
claim is filed are covered by Chapter 5111. ~~or 5115.~~ of the	17504
Revised Code, the physician, hospital, or other medical services	17505
provider shall bill the remaining unpaid costs of the services in	17506
accordance with Chapter 5111. ~~or 5115.~~ of the Revised Code.	17507

Sec. 3121.12. (A) On receipt of a notice that a lump sum	17508
payment of one hundred fifty dollars or more is to be paid to the	17509
obligor, the court, with respect to a court support order, or the	17510
child support enforcement agency, with respect to an	17511
administrative child support order, shall do either of the	17512
following:	17513

(1) If the obligor is in default under the support order or	17514
has any arrearages under the support order, issue an order	17515
requiring the transmittal of the lump sum payment, or any portion	17516
of the lump sum payment sufficient to pay the arrearage in full,	17517
to the office of child support;	17518

(2) If the obligor is not in default under the support order	17519
and does not have any arrearages under the support order, issue an	17520
order directing the person who gave the notice to the court or	17521
agency to immediately pay the full amount of the lump sum payment	17522
to the obligor.	17523

(B) ~~On receipt of any~~Any moneys received by the office of	17524
child support pursuant to division (A) of this section~~, the office~~	17525
~~of child support~~ shall ~~pay the amount of the lump sum payment that~~	17526
~~is necessary to discharge all of the obligor's arrearages to the~~	17527
~~obligee and, within two business days after its receipt of the~~	17528
~~money, any amount that is remaining after the payment of the~~	17529
~~arrearages to the obligor~~be distributed in accordance with rules	17530
adopted under section 3121.71 of the Revised Code.	17531

(C) A court that issued an order prior to January 1, 1998,	17532
requiring an employer to withhold an amount from an obligor's	17533
personal earnings for the payment of support shall issue a	17534
supplemental order that does not change the original order or the	17535
related support order requiring the employer to do all of the	17536
following:	17537

(1) No later than the earlier of forty-five days before a	17538
lump sum payment is to be made or, if the obligor's right to a	17539
lump sum payment is determined less than forty-five days before it	17540
is to be made, the date on which that determination is made,	17541
notify the child support enforcement agency of any lump sum	17542
payment of any kind of one hundred fifty dollars or more that is	17543
to be paid to the obligor;	17544

(2) Hold the lump sum payment for thirty days after the date	17545
on which it would otherwise be paid to the obligor;	17546

(3) On order of the court, pay any specified amount of the	17547
lump sum payment to the office of child support.	17548

(D) An employer that knowingly fails to notify the child	17549
support enforcement agency in accordance with this section or	17550
section 3121.03 of the Revised Code of any lump sum payment to be	17551
made to an obligor is liable for any support payment not made to	17552
the obligee as a result of its knowing failure to give the notice.	17553

Sec. 3121.50. On receipt of any amount forwarded from a	17554
payor or financial institution, the office of child support shall	17555
distribute the amount to the obligee within two business days of	17556
its receipt of the amount forwarded. ~~The~~Unless otherwise	17557
prohibited from doing so by a law of this state or the United	17558
States, the office may distribute the amount by means of	17559
electronic disbursement, and the obligee shall accept payment by	17560
means of electronic disbursement. The director of job and family	17561
services may adopt, revise, or amend rules under Chapter 119. of	17562
the Revised Code to assist in the implementation of this section.	17563

Sec. 3125.18. A child support enforcement agency shall	17564
administer a Title IV-A program identified under division	17565
(A)(3)(c) or ~~(d)~~(e) of section 5101.80 of the Revised Code that	17566
the department of job and family services provides for the agency	17567
to administer under the department's supervision pursuant to	17568
section 5101.801 of the Revised Code.	17569

Sec. 3125.191. There is hereby created in the state treasury	17570
the child support operating fund, which is a state special revenue	17571
fund. The department of job and family services may deposit into	17572
the fund a portion of the federal incentives described in division	17573
(A) of section 3125.19 of the Revised Code and authorized by 42	17574
U.S.C. 658a that are received by the department of job and family	17575
services from the United States department of health and human	17576
services. The department of job and family services may use money	17577
in the child support operating fund for program and administrative	17578
purposes associated with the program of child support enforcement	17579
authorized by section 3125.03 of the Revised Code.	17580

Sec. 3301.079. (A)(1) Not later than December 31, 2001, the	17581
state board of education shall adopt statewide academic standards	17582
for each of grades kindergarten through twelve in reading,	17583
writing, and mathematics. Not later than December 31, 2002, the	17584
state board shall adopt statewide academic standards for each of	17585
grades kindergarten through twelve in science and social studies.	17586
The standards shall specify the academic content and skills that	17587
students are expected to know and be able to do at each grade	17588
level.	17589

(2) When academic standards have been completed for any	17590
subject area required by this division, the state board shall	17591
inform all school districts of the content of those standards.	17592

(B) Not later than eighteen months after the completion of	17593
academic standards for any subject area required by division (A)	17594
of this section, the state board shall adopt a model curriculum	17595
for instruction in that subject area for each of grades	17596
kindergarten through twelve that is sufficient to meet the needs	17597
of students in every community. The model curriculum shall be	17598
aligned with the standards to ensure that the academic content and	17599
skills specified for each grade level are taught to students. When	17600
any model curriculum has been completed, the state board shall	17601
inform all school districts of the content of that model	17602
curriculum.	17603

All school districts may utilize the state standards and the	17604
model curriculum established by the state board, together with	17605
other relevant resources, examples, or models to ensure that	17606
students have the opportunity to attain the academic standards.	17607
Upon request, the department of education shall provide technical	17608
assistance to any district in implementing the model curriculum.	17609

Nothing in this section requires any school district to	17610
utilize all or any part of a model curriculum developed under this	17611
division.	17612

(C) The state board shall develop achievement tests aligned	17613
with the academic standards and model curriculum for each of the	17614
subject areas and grade levels required by section 3301.0710 of	17615
the Revised Code.	17616

When any achievement test has been completed, the state board	17617
shall inform all school districts of its completion, and the	17618
department of education shall make the achievement test available	17619
to the districts. School districts shall administer the	17620
achievement test beginning in the school year indicated in section	17621
3301.0712 of the Revised Code.	17622

(D)(1) ~~Not later than July 1, 2008, and except as provided in~~	17623
~~division (D)(3) of this section, the~~The state board shall adopt a	17624
diagnostic assessment aligned with the academic standards and	17625
model curriculum for each of grades kindergarten through two in	17626
reading, writing, and mathematics and for ~~each of grades~~grade	17627
three ~~through eight~~ in ~~reading,~~ writing~~, mathematics, science, and~~	17628
~~social studies~~. The diagnostic assessment shall be designed to	17629
measure student comprehension of academic content and mastery of	17630
related skills for the relevant subject area and grade level. Any	17631
diagnostic assessment shall not include components to identify	17632
gifted students. Blank copies of diagnostic tests shall be public	17633
records.	17634

(2) When each diagnostic assessment has been completed, the	17635
state board shall inform all school districts of its completion	17636
and the department of education shall make the diagnostic	17637
assessment available to the districts at no cost to the district.	17638
School districts shall administer the diagnostic assessment	17639
pursuant to section 3301.0715 of the Revised Code beginning the	17640
first school year following the development of the assessment.	17641

~~(3) The state board shall not adopt a diagnostic assessment~~	17642
~~for any subject area and grade level for which the state board~~	17643
~~develops an achievement test under division (C) of this section.~~	17644

(E) Whenever the state board or the department of education	17645
consults with persons for the purpose of drafting or reviewing any	17646
standards, diagnostic assessments, achievement tests, or model	17647
curriculum required under this section, the state board or the	17648
department shall first consult with parents of students in	17649
kindergarten through twelfth grade and with active Ohio classroom	17650
teachers, other school personnel, and administrators with	17651
expertise in the appropriate subject area. Whenever practicable,	17652
the state board and department shall consult with teachers	17653
recognized as outstanding in their fields.	17654

If the department contracts with more than one outside entity	17655
for the development of the achievement tests required by this	17656
section, the department shall ensure the interchangeability of	17657
those tests.	17658

(F) The fairness sensitivity review committee, established by	17659
rule of the state board of education, shall not allow any question	17660
on any achievement test or diagnostic assessment developed under	17661
this section or any proficiency test prescribed by former section	17662
3301.0710 of the Revised Code, as it existed prior to September	17663
11, 2001, to include, be written to promote, or inquire as to	17664
individual moral or social values or beliefs. The decision of the	17665
committee shall be final. This section does not create a private	17666
cause of action.	17667

Sec. 3301.0710. The state board of education shall adopt	17668
rules establishing a statewide program to test student	17669
achievement. The state board shall ensure that all tests	17670
administered under the testing program are aligned with the	17671
academic standards and model curricula adopted by the state board	17672
and are created with input from Ohio parents, Ohio classroom	17673
teachers, Ohio school administrators, and other Ohio school	17674
personnel pursuant to section 3301.079 of the Revised Code.	17675

The testing program shall be designed to ensure that students	17676
who receive a high school diploma demonstrate at least high school	17677
levels of achievement in reading, writing, mathematics, science,	17678
and social studies.	17679

(A)(1) The state board shall prescribe all of the following:

17680

(a) Two statewide achievement tests, one each designed to	17681
measure the level of reading and mathematics skill expected at the	17682
end of third grade;	17683

(b) Three statewide achievement tests, one each designed to	17684
measure the level of reading, writing, and mathematics skill	17685
expected at the end of fourth grade;	17686

(c) Four statewide achievement tests, one each designed to	17687
measure the level of reading, mathematics, science, and social	17688
studies skill expected at the end of fifth grade;	17689

(d) Two statewide achievement tests, one each designed to	17690
measure the level of reading and mathematics skill expected at the	17691
end of sixth grade;	17692

(e) Three statewide achievement tests, one each designed to	17693
measure the level of reading, writing, and mathematics skill	17694
expected at the end of seventh grade;	17695

(f) Four statewide achievement tests, one each designed to	17696
measure the level of reading, mathematics, science, and social	17697
studies skill expected at the end of eighth grade.	17698

(2) The state board shall determine and designate at least	17699
five ranges of scores on each of the achievement tests described	17700
in divisions (A)(1) and (B) of this section. Each range of scores	17701
shall be deemed to demonstrate a level of achievement so that any	17702
student attaining a score within such range has achieved one of	17703
the following:	17704

(a) An advanced level of skill;

17705

(b) An accelerated level of skill;

17706

17707

(d) A basic level of skill;

17708

(e) A limited level of skill.

17709

(B) The tests prescribed under this division shall	17710
collectively be known as the Ohio graduation tests. The state	17711
board shall prescribe five statewide high school achievement	17712
tests, one each designed to measure the level of reading, writing,	17713
mathematics, science, and social studies skill expected at the end	17714
of tenth grade. The state board shall designate a score in at	17715
least the range designated under division (A)(2)(c) of this	17716
section on each such test that shall be deemed to be a passing	17717
score on the test as a condition toward granting high school	17718
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	17719
of the Revised Code.	17720

The state board may enter into a reciprocal agreement with	17721
the appropriate body or agency of any other state that has similar	17722
statewide achievement testing requirements for receiving high	17723
school diplomas, under which any student who has met an	17724
achievement testing requirement of one state is recognized as	17725
having met the similar achievement testing requirement of the	17726
other state for purposes of receiving a high school diploma. For	17727
purposes of this section and sections 3301.0711 and 3313.61 of the	17728
Revised Code, any student enrolled in any public high school in	17729
this state who has met an achievement testing requirement	17730
specified in a reciprocal agreement entered into under this	17731
division shall be deemed to have attained at least the applicable	17732
score designated under this division on each test required by this	17733
division that is specified in the agreement.	17734

(C) ~~The~~Except as provided in division (H) of this section,	17735
the state board shall annually designate as follows the dates on	17736
which the tests prescribed under this section shall be	17737
administered:	17738

(1) For the reading test prescribed under division (A)(1)(a)	17739
of this section, as follows:	17740

(a) One date prior to the thirty-first day of December each	17741
school year;	17742

(b) At least one date of each school year that is not earlier	17743
than Monday of the week containing the ~~eighth~~first day of ~~March~~	17744
May;	17745

(c) One date during the summer that is not earlier than the	17746
tenth day of June nor later than the fifteenth day of July for	17747
students receiving summer remediation services under section	17748
3313.608 of the Revised Code.	17749

(2) For the mathematics test prescribed under division	17750
(A)(1)(a) of this section and the tests prescribed under divisions	17751
(A)(1)(b), (c), (d), (e), and (f) of this section, at least one	17752
date of each school year that is not earlier than Monday of the	17753
week containing the ~~eighth~~first day of ~~March~~May;	17754

(3) For the tests prescribed under division (B) of this	17755
section, at least one date in each school year that is not earlier	17756
than Monday of the week containing the fifteenth day of March for	17757
all tenth grade students and at least one date prior to the	17758
thirty-first day of December and at least one date subsequent to	17759
that date but prior to the thirty-first day of March of each	17760
school year for eleventh and twelfth grade students.	17761

(D) In prescribing test dates pursuant to division (C)(3) of	17762
this section, the state board shall, to the greatest extent	17763
practicable, provide options to school districts in the case of	17764
tests administered under that division to eleventh and twelfth	17765
grade students and in the case of tests administered to students	17766
pursuant to division (C)(2) of section 3301.0711 of the Revised	17767
Code. Such options shall include at least an opportunity for	17768
school districts to give such tests outside of regular school	17769
hours.	17770

(E) In prescribing test dates pursuant to this section, the	17771
state board of education shall designate the dates in such a way	17772
as to allow a reasonable length of time between the administration	17773
of tests prescribed under this section and any administration of	17774
the National Assessment of Education Progress Test given to	17775
students in the same grade level pursuant to section 3301.27 of	17776
the Revised Code or federal law.	17777

(F) The state board shall prescribe a practice version of	17778
each Ohio graduation test described in division (B) of this	17779
section that is of comparable length to the actual test.	17780

(G) Any committee established by the department of education	17781
for the purpose of making recommendations to the state board	17782
regarding the state board's designation of scores on the tests	17783
described by this section shall inform the state board of the	17784
probable percentage of students who would score in each of the	17785
ranges established under division (A)(2) of this section on the	17786
tests if the committee's recommendations are adopted by the state	17787
board. To the extent possible, these percentages shall be	17788
disaggregated by gender, major racial and ethnic groups, limited	17789
English proficient students, economically disadvantaged students,	17790
students with disabilities, and migrant students.	17791

If the state board intends to make any change to the	17792
committee's recommendations, the state board shall explain the	17793
intended change to the Ohio accountability task force established	17794
by section 3302.021 of the Revised Code. The task force shall	17795
recommend whether the state board should proceed to adopt the	17796
intended change. Nothing in this division shall require the state	17797
board to designate test scores based upon the recommendations of	17798
the task force.	17799

(H)(1) The state board shall require any alternate assessment	17800
administered to a student under division (C)(1) of section	17801
3301.0711 of the Revised Code to be completed and submitted to the	17802
entity with which the department contracts for the scoring of the	17803
test not later than the first day of April of the school year in	17804
which the test is administered.	17805

(2) For any test prescribed by this section, the state board	17806
may designate a date one week earlier than the applicable date	17807
designated under division (C) of this section for the	17808
administration of the test to limited English proficient students.	17809

(3) In designating days for the administration of the tests	17810
prescribed by division (A) of this section, the state board shall	17811
require the tests for each grade level to be administered on	17812
consecutive days.	17813

Sec. 3301.0711. (A) The department of education shall:

17814

(1) Annually furnish to, grade, and score all tests required	17815
by section 3301.0710 of the Revised Code to be administered by	17816
city, local, exempted village, and joint vocational school	17817
districts, except that each district shall score any test	17818
administered pursuant to division (B)(10) of this section. Each	17819
test so furnished shall include the data verification code of the	17820
student to whom the test will be administered, as assigned	17821
pursuant to division (D)(2) of section 3301.0714 of the Revised	17822
Code. In furnishing the practice versions of Ohio graduation tests	17823
prescribed by division (F) of section 3301.0710 of the Revised	17824
Code, the department shall make the tests available on its web	17825
site for reproduction by districts. In awarding contracts for	17826
grading tests, the department shall give preference to Ohio-based	17827
entities employing Ohio residents.	17828

(2) Adopt rules for the ethical use of tests and prescribing	17829
the manner in which the tests prescribed by section 3301.0710 of	17830
the Revised Code shall be administered to students.	17831

(B) Except as provided in divisions (C) and (J) of this	17832
section, the board of education of each city, local, and exempted	17833
village school district shall, in accordance with rules adopted	17834
under division (A) of this section:	17835

(1) Administer the reading test prescribed under division	17836
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	17837
to all students in the third grade who have not attained the score	17838
designated for that test under division (A)(2)(c) of section	17839
3301.0710 of the Revised Code and once each summer to students	17840
receiving summer remediation services under section 3313.608 of	17841
the Revised Code.	17842

(2) Administer the mathematics test prescribed under division	17843
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	17844
annually to all students in the third grade.	17845

(3) Administer the tests prescribed under division (A)(1)(b)	17846
of section 3301.0710 of the Revised Code at least once annually to	17847
all students in the fourth grade.	17848

(4) Administer the tests prescribed under division (A)(1)(c)	17849
of section 3301.0710 of the Revised Code at least once annually to	17850
all students in the fifth grade.	17851

(5) Administer the tests prescribed under division (A)(1)(d)	17852
of section 3301.0710 of the Revised Code at least once annually to	17853
all students in the sixth grade.	17854

(6) Administer the tests prescribed under division (A)(1)(e)	17855
of section 3301.0710 of the Revised Code at least once annually to	17856
all students in the seventh grade.	17857

(7) Administer the tests prescribed under division (A)(1)(f)	17858
of section 3301.0710 of the Revised Code at least once annually to	17859
all students in the eighth grade.	17860

(8) Except as provided in division (B)(9) of this section,	17861
administer any test prescribed under division (B) of section	17862
3301.0710 of the Revised Code as follows:	17863

(a) At least once annually to all tenth grade students and at	17864
least twice annually to all students in eleventh or twelfth grade	17865
who have not yet attained the score on that test designated under	17866
that division;	17867

(b) To any person who has successfully completed the	17868
curriculum in any high school or the individualized education	17869
program developed for the person by any high school pursuant to	17870
section 3323.08 of the Revised Code but has not received a high	17871
school diploma and who requests to take such test, at any time	17872
such test is administered in the district.	17873

(9) In lieu of the board of education of any city, local, or	17874
exempted village school district in which the student is also	17875
enrolled, the board of a joint vocational school district shall	17876
administer any test prescribed under division (B) of section	17877
3301.0710 of the Revised Code at least twice annually to any	17878
student enrolled in the joint vocational school district who has	17879
not yet attained the score on that test designated under that	17880
division. A board of a joint vocational school district may also	17881
administer such a test to any student described in division	17882
(B)(8)(b) of this section.	17883

(10) If the district has been declared to be under an	17884
academic watch or in a state of academic emergency pursuant to	17885
section 3302.03 of the Revised Code or has a three-year average	17886
graduation rate of not more than seventy-five per cent, administer	17887
each test prescribed by division (F) of section 3301.0710 of the	17888
Revised Code in September to all ninth grade students, beginning	17889
in the school year that starts July 1, 2005.	17890

(C)(1)(a) Any student receiving special education services	17891
under Chapter 3323. of the Revised Code may be excused from taking	17892
any particular test required to be administered under this section	17893
if the individualized education program developed for the student	17894
pursuant to section 3323.08 of the Revised Code excuses the	17895
student from taking that test and instead specifies an alternate	17896
assessment method approved by the department of education as	17897
conforming to requirements of federal law for receipt of federal	17898
funds for disadvantaged pupils. To the extent possible, the	17899
individualized education program shall not excuse the student from	17900
taking a test unless no reasonable accommodation can be made to	17901
enable the student to take the test.	17902

(b) Any alternate assessment approved by the department for a	17903
student under this division shall produce measurable results	17904
comparable to those produced by the tests which the alternate	17905
assessments are replacing in order to allow for the student's	17906
assessment results to be included in the data compiled for a	17907
school district or building under section 3302.03 of the Revised	17908
Code.	17909

(c) Any student enrolled in a chartered nonpublic school who	17910
has been identified, based on an evaluation conducted in	17911
accordance with section 3323.03 of the Revised Code or section 504	17912
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	17913
794, as amended, as a child with a disability shall be excused	17914
from taking any particular test required to be administered under	17915
this section if a plan developed for the student pursuant to rules	17916
adopted by the state board excuses the student from taking that	17917
test. In the case of any student so excused from taking a test,	17918
the chartered nonpublic school shall not prohibit the student from	17919
taking the test.	17920

(2) A district board may, for medical reasons or other good	17921
cause, excuse a student from taking a test administered under this	17922
section on the date scheduled, but any such test shall be	17923
administered to such excused student not later than nine days	17924
following the scheduled date. The board shall annually report the	17925
number of students who have not taken one or more of the tests	17926
required by this section to the state board of education not later	17927
than the thirtieth day of June.	17928

(3) As used in this division, "limited English proficient	17929
student" has the same meaning as in 20 U.S.C. 7801.	17930

No school district board shall excuse any limited English	17931
proficient student from taking any particular test required to be	17932
administered under this section, except that any limited English	17933
proficient student who has been enrolled in United States schools	17934
for less than one full school year shall not be required to take	17935
any such reading or writing test. However, no board shall prohibit	17936
a limited English proficient student who is not required to take a	17937
test under this division from taking the test. A board may permit	17938
any limited English proficient student to take any test required	17939
to be administered under this section with appropriate	17940
accommodations, as determined by the department. For each limited	17941
English proficient student, each school district shall annually	17942
assess that student's progress in learning English, in accordance	17943
with procedures approved by the department.	17944

The governing authority of a chartered nonpublic school may	17945
excuse a limited English proficient student from taking any test	17946
administered under this section. However, no governing authority	17947
shall prohibit a limited English proficient student from taking	17948
the test.	17949

(D)(1) In the school year next succeeding the school year in	17950
which the tests prescribed by division (A)(1) or (B) of section	17951
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	17952
or (B) of section 3301.0710 of the Revised Code as it existed	17953
prior to September 11, 2001, are administered to any student, the	17954
board of education of any school district in which the student is	17955
enrolled in that year shall provide to the student intervention	17956
services commensurate with the student's test performance,	17957
including any intensive intervention required under section	17958
3313.608 of the Revised Code, in any skill in which the student	17959
failed to demonstrate at least a score at the proficient level on	17960
the test.	17961

(2) Following any administration of the tests prescribed by	17962
division (F) of section 3301.0710 of the Revised Code to ninth	17963
grade students, each school district that has a three-year average	17964
graduation rate of not more than seventy-five per cent shall	17965
determine for each high school in the district whether the school	17966
shall be required to provide intervention services to any students	17967
who took the tests. In determining which high schools shall	17968
provide intervention services based on the resources available,	17969
the district shall consider each school's graduation rate and	17970
scores on the practice tests. The district also shall consider the	17971
scores received by ninth grade students on the reading and	17972
mathematics tests prescribed under division (A)(1)(f) of section	17973
3301.0710 of the Revised Code in the eighth grade in determining	17974
which high schools shall provide intervention services.	17975

Each high school selected to provide intervention services	17976
under this division shall provide intervention services to any	17977
student whose test results indicate that the student is failing to	17978
make satisfactory progress toward being able to attain scores at	17979
the proficient level on the Ohio graduation tests. Intervention	17980
services shall be provided in any skill in which a student	17981
demonstrates unsatisfactory progress and shall be commensurate	17982
with the student's test performance. Schools shall provide the	17983
intervention services prior to the end of the school year, during	17984
the summer following the ninth grade, in the next succeeding	17985
school year, or at any combination of those times.	17986

(E) Except as provided in section 3313.608 of the Revised	17987
Code and division (M) of this section, no school district board of	17988
education shall utilize any student's failure to attain a	17989
specified score on any test administered under this section as a	17990
factor in any decision to deny the student promotion to a higher	17991
grade level. However, a district board may choose not to promote	17992
to the next grade level any student who does not take any test	17993
administered under this section or make up such test as provided	17994
by division (C)(2) of this section and who is not exempt from the	17995
requirement to take the test under division (C)(3) of this	17996
section.	17997

(F) No person shall be charged a fee for taking any test	17998
administered under this section.	17999

(G) ~~Not later than sixty days after any administration of any~~	18000
~~test prescribed by division (A)(1) or (B) of section 3301.0710 of~~	18001
~~the Revised Code, the~~(1) Each school district board shall submit	18002
the tests administered in the spring under division (B)(1) of this	18003
section and the tests administered under divisions (B)(2) to (7)	18004
of this section to the entity with which the department contracts	18005
for the scoring of the tests not later than the Friday after the	18006
tests are administered, except that any such test that a student	18007
takes during the make-up period described in division (C)(2) of	18008
this section shall be submitted not later than the Friday	18009
following the day the student takes the test.	18010

(2) The department or an entity with which the department	18011
contracts for the scoring of the test shall send to each school	18012
district board a list of the individual test scores of all persons	18013
taking ~~the~~any test prescribed by division (A)(1) or (B) of	18014
section 3301.0710 of the Revised Code within sixty days after its	18015
administration, but in no case shall the scores be returned later	18016
than the fifteenth day of June following the administration. For	18017
any tests administered under this section by a joint vocational	18018
school district, the department or entity shall also send to each	18019
city, local, or exempted village school district a list of the	18020
individual test scores of any students of such city, local, or	18021
exempted village school district who are attending school in the	18022
joint vocational school district.	18023

(H) Individual test scores on any tests administered under	18024
this section shall be released by a district board only in	18025
accordance with section 3319.321 of the Revised Code and the rules	18026
adopted under division (A) of this section. No district board or	18027
its employees shall utilize individual or aggregate test results	18028
in any manner that conflicts with rules for the ethical use of	18029
tests adopted pursuant to division (A) of this section.	18030

(I) Except as provided in division (G) of this section, the	18031
department or an entity with which the department contracts for	18032
the scoring of the test shall not release any individual test	18033
scores on any test administered under this section ~~and~~. The state	18034
board of education shall adopt rules to ensure the protection of	18035
student confidentiality at all times. The rules may require the	18036
use of the data verification codes assigned to students pursuant	18037
to division (D)(2) of section 3301.0714 of the Revised Code to	18038
protect the confidentiality of student test scores.	18039

(J) Notwithstanding division (D) of section 3311.52 of the	18040
Revised Code, this section does not apply to the board of	18041
education of any cooperative education school district except as	18042
provided under rules adopted pursuant to this division.	18043

(1) In accordance with rules that the state board of	18044
education shall adopt, the board of education of any city,	18045
exempted village, or local school district with territory in a	18046
cooperative education school district established pursuant to	18047
divisions (A) to (C) of section 3311.52 of the Revised Code may	18048
enter into an agreement with the board of education of the	18049
cooperative education school district for administering any test	18050
prescribed under this section to students of the city, exempted	18051
village, or local school district who are attending school in the	18052
cooperative education school district.	18053

(2) In accordance with rules that the state board of	18054
education shall adopt, the board of education of any city,	18055
exempted village, or local school district with territory in a	18056
cooperative education school district established pursuant to	18057
section 3311.521 of the Revised Code shall enter into an agreement	18058
with the cooperative district that provides for the administration	18059
of any test prescribed under this section to both of the	18060
following:	18061

(a) Students who are attending school in the cooperative	18062
district and who, if the cooperative district were not	18063
established, would be entitled to attend school in the city,	18064
local, or exempted village school district pursuant to section	18065
3313.64 or 3313.65 of the Revised Code;	18066

(b) Persons described in division (B)(8)(b) of this section.

18067

Any testing of students pursuant to such an agreement shall	18068
be in lieu of any testing of such students or persons pursuant to	18069
this section.	18070

(K)(1) Any chartered nonpublic school may participate in the	18071
testing program by administering any of the tests prescribed by	18072
section 3301.0710 or 3301.0712 of the Revised Code if the chief	18073
administrator of the school specifies which tests the school	18074
wishes to administer. Such specification shall be made in writing	18075
to the superintendent of public instruction prior to the first day	18076
of August of any school year in which tests are administered and	18077
shall include a pledge that the nonpublic school will administer	18078
the specified tests in the same manner as public schools are	18079
required to do under this section and rules adopted by the	18080
department.	18081

(2) The department of education shall furnish the tests	18082
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	18083
to any chartered nonpublic school electing to participate under	18084
this division.	18085

(L)(1) The superintendent of the state school for the blind	18086
and the superintendent of the state school for the deaf shall	18087
administer the tests described by section 3301.0710 of the Revised	18088
Code. Each superintendent shall administer the tests in the same	18089
manner as district boards are required to do under this section	18090
and rules adopted by the department of education and in conformity	18091
with division (C)(1)(a) of this section.	18092

(2) The department of education shall furnish the tests	18093
described by section 3301.0710 of the Revised Code to each	18094
superintendent.	18095

(M) Notwithstanding division (E) of this section, a school	18096
district may use a student's failure to attain a score in at least	18097
the basic range on the mathematics test described by division	18098
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	18099
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	18100
of section 3301.0710 of the Revised Code as a factor in retaining	18101
that student in the current grade level.	18102

(N)(1) ~~The~~In the manner specified in divisions (N)(3) to (5)	18103
of this section, the tests required by section 3301.0710 of the	18104
Revised Code shall become public records pursuant to section	18105
149.43 of the Revised Code on the first day of July following the	18106
school year that the test was administered, except that the	18107
reading test prescribed under division (A)(1)(a) of section	18108
3301.0710 of the Revised Code shall become a public record on the	18109
sixteenth day of July following the school year that the test was	18110
administered.	18111

(2) The department may field test proposed test questions	18112
with samples of students to determine the validity, reliability,	18113
or appropriateness of test questions for possible inclusion in a	18114
future year's test. The department also may use anchor questions	18115
on tests to ensure that different versions of the same test are of	18116
comparable difficulty.	18117

Field test questions and anchor questions shall not be	18118
considered in computing test scores for individual students. Field	18119
test questions and anchor questions may be included as part of the	18120
administration of any test required by section 3301.0710 of the	18121
Revised Code.	18122

(3) Any field test question or anchor question administered	18123
under division (N)(2) of this section shall not be a public	18124
record. Such field test questions and anchor questions shall be	18125
redacted from any tests which are released as a public record	18126
pursuant to division (N)(1) of this section.	18127

(4) This division applies to the tests prescribed by division	18128
(A) of section 3301.0710 of the Revised Code.	18129

(a) The first administration of each test, as specified in	18130
section 3301.0712 of the Revised Code, shall be a public record.	18131

(b) For subsequent administrations of each test, not less	18132
than forty per cent of the questions on the test that are used to	18133
compute a student's score shall be a public record. The department	18134
shall determine which questions will be needed for reuse on a	18135
future test and those questions shall not be public records and	18136
shall be redacted from the test prior to its release as a public	18137
record.	18138

(5) Each test prescribed by division (B) of section 3301.0710	18139
of the Revised Code that is administered in the spring shall be a	18140
public record. Each test prescribed by that division that is	18141
administered in the fall or summer shall not be a public record.	18142

(O) As used in this section:

18143

(1) "Three-year average" means the average of the most recent	18144
consecutive three school years of data.	18145

(2) "Dropout" means a student who withdraws from school	18146
before completing course requirements for graduation and who is	18147
not enrolled in an education program approved by the state board	18148
of education or an education program outside the state. "Dropout"	18149
does not include a student who has departed the country.	18150

(3) "Graduation rate" means the ratio of students receiving a	18151
diploma to the number of students who entered ninth grade four	18152
years earlier. Students who transfer into the district are added	18153
to the calculation. Students who transfer out of the district for	18154
reasons other than dropout are subtracted from the calculation. If	18155
a student who was a dropout in any previous year returns to the	18156
same school district, that student shall be entered into the	18157
calculation as if the student had entered ninth grade four years	18158
before the graduation year of the graduating class that the	18159
student joins.	18160

Sec. 3301.0714. (A) The state board of education shall adopt	18161
rules for a statewide education management information system. The	18162
rules shall require the state board to establish guidelines for	18163
the establishment and maintenance of the system in accordance with	18164
this section and the rules adopted under this section. The	18165
guidelines shall include:	18166

(1) Standards identifying and defining the types of data in	18167
the system in accordance with divisions (B) and (C) of this	18168
section;	18169

(2) Procedures for annually collecting and reporting the data	18170
to the state board in accordance with division (D) of this	18171
section;	18172

(3) Procedures for annually compiling the data in accordance	18173
with division (G) of this section;	18174

(4) Procedures for annually reporting the data to the public	18175
in accordance with division (H) of this section.	18176

(B) The guidelines adopted under this section shall require	18177
the data maintained in the education management information system	18178
to include at least the following:	18179

(1) Student participation and performance data, for each	18180
grade in each school district as a whole and for each grade in	18181
each school building in each school district, that includes:	18182

(a) The numbers of students receiving each category of	18183
instructional service offered by the school district, such as	18184
regular education instruction, vocational education instruction,	18185
specialized instruction programs or enrichment instruction that is	18186
part of the educational curriculum, instruction for gifted	18187
students, instruction for handicapped students, and remedial	18188
instruction. The guidelines shall require instructional services	18189
under this division to be divided into discrete categories if an	18190
instructional service is limited to a specific subject, a specific	18191
type of student, or both, such as regular instructional services	18192
in mathematics, remedial reading instructional services,	18193
instructional services specifically for students gifted in	18194
mathematics or some other subject area, or instructional services	18195
for students with a specific type of handicap. The categories of	18196
instructional services required by the guidelines under this	18197
division shall be the same as the categories of instructional	18198
services used in determining cost units pursuant to division	18199
(C)(3) of this section.	18200

(b) The numbers of students receiving support or	18201
extracurricular services for each of the support services or	18202
extracurricular programs offered by the school district, such as	18203
counseling services, health services, and extracurricular sports	18204
and fine arts programs. The categories of services required by the	18205
guidelines under this division shall be the same as the categories	18206
of services used in determining cost units pursuant to division	18207
(C)(4)(a) of this section.	18208

(c) Average student grades in each subject in grades nine	18209
through twelve;	18210

(d) Academic achievement levels as assessed by the testing of	18211
student achievement under sections 3301.0710 and 3301.0711 of the	18212
Revised Code;	18213

(e) The number of students designated as having a	18214
handicapping condition pursuant to division (C)(1) of section	18215
3301.0711 of the Revised Code;	18216

(f) The numbers of students reported to the state board	18217
pursuant to division (C)(2) of section 3301.0711 of the Revised	18218
Code;	18219

(g) Attendance rates and the average daily attendance for the	18220
year. For purposes of this division, a student shall be counted as	18221
present for any field trip that is approved by the school	18222
administration.	18223

(h) Expulsion rates;

18224

(i) Suspension rates;

18225

(j) The percentage of students receiving corporal punishment;

18226

(k) Dropout rates;

18227

(l) Rates of retention in grade;

18228

(m) For pupils in grades nine through twelve, the average	18229
number of carnegie units, as calculated in accordance with state	18230
board of education rules;	18231

(n) Graduation rates, to be calculated in a manner specified	18232
by the department of education that reflects the rate at which	18233
students who were in the ninth grade three years prior to the	18234
current year complete school and that is consistent with	18235
nationally accepted reporting requirements;	18236

(o) Results of diagnostic assessments administered to	18237
kindergarten students as required under section 3301.0715 of the	18238
Revised Code to permit a comparison of the academic readiness of	18239
kindergarten students. However, no district shall be required to	18240
report to the department the results of any diagnostic assessment	18241
administered to a kindergarten student if the parent of that	18242
student requests the district not to report those results.	18243

(2) Personnel and classroom enrollment data for each school	18244
district, including:	18245

(a) The total numbers of licensed employees and nonlicensed	18246
employees and the numbers of full-time equivalent licensed	18247
employees and nonlicensed employees providing each category of	18248
instructional service, instructional support service, and	18249
administrative support service used pursuant to division (C)(3) of	18250
this section. The guidelines adopted under this section shall	18251
require these categories of data to be maintained for the school	18252
district as a whole and, wherever applicable, for each grade in	18253
the school district as a whole, for each school building as a	18254
whole, and for each grade in each school building.	18255

(b) The total number of employees and the number of full-time	18256
equivalent employees providing each category of service used	18257
pursuant to divisions (C)(4)(a) and (b) of this section, and the	18258
total numbers of licensed employees and nonlicensed employees and	18259
the numbers of full-time equivalent licensed employees and	18260
nonlicensed employees providing each category used pursuant to	18261
division (C)(4)(c) of this section. The guidelines adopted under	18262
this section shall require these categories of data to be	18263
maintained for the school district as a whole and, wherever	18264
applicable, for each grade in the school district as a whole, for	18265
each school building as a whole, and for each grade in each school	18266
building.	18267

(c) The total number of regular classroom teachers teaching	18268
classes of regular education and the average number of pupils	18269
enrolled in each such class, in each of grades kindergarten	18270
through five in the district as a whole and in each school	18271
building in the school district.	18272

(d) The number of master teachers employed by each school	18273
district and each school building, once a definition of master	18274
teacher has been developed by the educator standards board	18275
pursuant to section 3319.61 of the Revised Code.	18276

(3)(a) Student demographic data for each school district,	18277
including information regarding the gender ratio of the school	18278
district's pupils, the racial make-up of the school district's	18279
pupils, the number of limited English proficient students in the	18280
district, and an appropriate measure of the number of the school	18281
district's pupils who reside in economically disadvantaged	18282
households. The demographic data shall be collected in a manner to	18283
allow correlation with data collected under division (B)(1) of	18284
this section. Categories for data collected pursuant to division	18285
(B)(3) of this section shall conform, where appropriate, to	18286
standard practices of agencies of the federal government.	18287

(b) With respect to each student entering kindergarten,	18288
whether the student previously participated in a public preschool	18289
program, a private preschool program, or a head start program, and	18290
the number of years the student participated in each of these	18291
programs.	18292

(4) Any data required to be collected pursuant to federal	18293
law.	18294

(C) The education management information system shall include	18295
cost accounting data for each district as a whole and for each	18296
school building in each school district. The guidelines adopted	18297
under this section shall require the cost data for each school	18298
district to be maintained in a system of mutually exclusive cost	18299
units and shall require all of the costs of each school district	18300
to be divided among the cost units. The guidelines shall require	18301
the system of mutually exclusive cost units to include at least	18302
the following:	18303

(1) Administrative costs for the school district as a whole.	18304
The guidelines shall require the cost units under this division	18305
(C)(1) to be designed so that each of them may be compiled and	18306
reported in terms of average expenditure per pupil in formula ADM	18307
in the school district, as determined pursuant to section 3317.03	18308
of the Revised Code.	18309

(2) Administrative costs for each school building in the	18310
school district. The guidelines shall require the cost units under	18311
this division (C)(2) to be designed so that each of them may be	18312
compiled and reported in terms of average expenditure per	18313
full-time equivalent pupil receiving instructional or support	18314
services in each building.	18315

(3) Instructional services costs for each category of	18316
instructional service provided directly to students and required	18317
by guidelines adopted pursuant to division (B)(1)(a) of this	18318
section. The guidelines shall require the cost units under	18319
division (C)(3) of this section to be designed so that each of	18320
them may be compiled and reported in terms of average expenditure	18321
per pupil receiving the service in the school district as a whole	18322
and average expenditure per pupil receiving the service in each	18323
building in the school district and in terms of a total cost for	18324
each category of service and, as a breakdown of the total cost, a	18325
cost for each of the following components:	18326

(a) The cost of each instructional services category required	18327
by guidelines adopted under division (B)(1)(a) of this section	18328
that is provided directly to students by a classroom teacher;	18329

(b) The cost of the instructional support services, such as	18330
services provided by a speech-language pathologist, classroom	18331
aide, multimedia aide, or librarian, provided directly to students	18332
in conjunction with each instructional services category;	18333

(c) The cost of the administrative support services related	18334
to each instructional services category, such as the cost of	18335
personnel that develop the curriculum for the instructional	18336
services category and the cost of personnel supervising or	18337
coordinating the delivery of the instructional services category.	18338

(4) Support or extracurricular services costs for each	18339
category of service directly provided to students and required by	18340
guidelines adopted pursuant to division (B)(1)(b) of this section.	18341
The guidelines shall require the cost units under division (C)(4)	18342
of this section to be designed so that each of them may be	18343
compiled and reported in terms of average expenditure per pupil	18344
receiving the service in the school district as a whole and	18345
average expenditure per pupil receiving the service in each	18346
building in the school district and in terms of a total cost for	18347
each category of service and, as a breakdown of the total cost, a	18348
cost for each of the following components:	18349

(a) The cost of each support or extracurricular services	18350
category required by guidelines adopted under division (B)(1)(b)	18351
of this section that is provided directly to students by a	18352
licensed employee, such as services provided by a guidance	18353
counselor or any services provided by a licensed employee under a	18354
supplemental contract;	18355

(b) The cost of each such services category provided directly	18356
to students by a nonlicensed employee, such as janitorial	18357
services, cafeteria services, or services of a sports trainer;	18358

(c) The cost of the administrative services related to each	18359
services category in division (C)(4)(a) or (b) of this section,	18360
such as the cost of any licensed or nonlicensed employees that	18361
develop, supervise, coordinate, or otherwise are involved in	18362
administering or aiding the delivery of each services category.	18363

(D)(1) The guidelines adopted under this section shall	18364
require school districts to collect information about individual	18365
students, staff members, or both in connection with any data	18366
required by division (B) or (C) of this section or other reporting	18367
requirements established in the Revised Code. The guidelines may	18368
also require school districts to report information about	18369
individual staff members in connection with any data required by	18370
division (B) or (C) of this section or other reporting	18371
requirements established in the Revised Code. The guidelines shall	18372
not authorize school districts to request social security numbers	18373
of individual students. The guidelines shall prohibit the	18374
reporting under this section of a student's name, address, and	18375
social security number to the state board of education or the	18376
department of education. The guidelines shall also prohibit the	18377
reporting under this section of any personally identifiable	18378
information about any student, except for the purpose of assigning	18379
the data verification code required by division (D)(2) of this	18380
section, to any other person unless such person is employed by the	18381
school district or the data acquisition site operated under	18382
section 3301.075 of the Revised Code and is authorized by the	18383
district or acquisition site to have access to such information or	18384
is employed by an entity with which the department contracts for	18385
the scoring of tests administered under section 3301.0711 or	18386
3301.0712 of the Revised Code. The guidelines may require school	18387
districts to provide the social security numbers of individual	18388
staff members.	18389

(2) The guidelines shall provide for each school district or	18390
community school to assign a data verification code that is unique	18391
on a statewide basis over time to each student whose initial Ohio	18392
enrollment is in that district or school and to report all	18393
required individual student data for that student utilizing such	18394
code. The guidelines shall also provide for assigning data	18395
verification codes to all students enrolled in districts or	18396
community schools on the effective date of the guidelines	18397
established under this section.	18398

Individual student data shall be reported to the department	18399
through the data acquisition sites utilizing the code but at no	18400
time shall the state board or the department have access to	18401
information that would enable any data verification code to be	18402
matched to personally identifiable student data.	18403

Each school district shall ensure that the data verification	18404
code is included in the student's records reported to any	18405
subsequent school district or community school in which the	18406
student enrolls. Any such subsequent district or school shall	18407
utilize the same identifier in its reporting of data under this	18408
section.	18409

(E) The guidelines adopted under this section may require	18410
school districts to collect and report data, information, or	18411
reports other than that described in divisions (A), (B), and (C)	18412
of this section for the purpose of complying with other reporting	18413
requirements established in the Revised Code. The other data,	18414
information, or reports may be maintained in the education	18415
management information system but are not required to be compiled	18416
as part of the profile formats required under division (G) of this	18417
section or the annual statewide report required under division (H)	18418
of this section.	18419

(F) Beginning with the school year that begins July 1, 1991,	18420
the board of education of each school district shall annually	18421
collect and report to the state board, in accordance with the	18422
guidelines established by the board, the data required pursuant to	18423
this section. A school district may collect and report these data	18424
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	18425

(G) The state board shall, in accordance with the procedures	18426
it adopts, annually compile the data reported by each school	18427
district pursuant to division (D) of this section. The state board	18428
shall design formats for profiling each school district as a whole	18429
and each school building within each district and shall compile	18430
the data in accordance with these formats. These profile formats	18431
shall:	18432

(1) Include all of the data gathered under this section in a	18433
manner that facilitates comparison among school districts and	18434
among school buildings within each school district;	18435

(2) Present the data on academic achievement levels as	18436
assessed by the testing of student achievement maintained pursuant	18437
to division (B)(1)(d) of this section.	18438

(H)(1) The state board shall, in accordance with the	18439
procedures it adopts, annually prepare a statewide report for all	18440
school districts and the general public that includes the profile	18441
of each of the school districts developed pursuant to division (G)	18442
of this section. Copies of the report shall be sent to each school	18443
district.	18444

(2) The state board shall, in accordance with the procedures	18445
it adopts, annually prepare an individual report for each school	18446
district and the general public that includes the profiles of each	18447
of the school buildings in that school district developed pursuant	18448
to division (G) of this section. Copies of the report shall be	18449
sent to the superintendent of the district and to each member of	18450
the district board of education.	18451

(3) Copies of the reports received from the state board under	18452
divisions (H)(1) and (2) of this section shall be made available	18453
to the general public at each school district's offices. Each	18454
district board of education shall make copies of each report	18455
available to any person upon request and payment of a reasonable	18456
fee for the cost of reproducing the report. The board shall	18457
annually publish in a newspaper of general circulation in the	18458
school district, at least twice during the two weeks prior to the	18459
week in which the reports will first be available, a notice	18460
containing the address where the reports are available and the	18461
date on which the reports will be available.	18462

(I) Any data that is collected or maintained pursuant to this	18463
section and that identifies an individual pupil is not a public	18464
record for the purposes of section 149.43 of the Revised Code.	18465

(J) As used in this section:

18466

(1) "School district" means any city, local, exempted	18467
village, or joint vocational school district.	18468

(2) "Cost" means any expenditure for operating expenses made	18469
by a school district excluding any expenditures for debt	18470
retirement except for payments made to any commercial lending	18471
institution for any loan approved pursuant to section 3313.483 of	18472
the Revised Code.	18473

(K) Any person who removes data from the information system	18474
established under this section for the purpose of releasing it to	18475
any person not entitled under law to have access to such	18476
information is subject to section 2913.42 of the Revised Code	18477
prohibiting tampering with data.	18478

(L) Any time the department of education determines that a	18479
school district has taken any of the actions described under	18480
division (L)(1), (2), or (3) of this section, it shall make a	18481
report of the actions of the district, send a copy of the report	18482
to the superintendent of such school district, and maintain a copy	18483
of the report in its files:	18484

(1) The school district fails to meet any deadline	18485
established pursuant to this section for the reporting of any data	18486
to the education management information system;	18487

(2) The school district fails to meet any deadline	18488
established pursuant to this section for the correction of any	18489
data reported to the education management information system;	18490

(3) The school district reports data to the education	18491
management information system in a condition, as determined by the	18492
department, that indicates that the district did not make a good	18493
faith effort in reporting the data to the system.	18494

Any report made under this division shall include	18495
recommendations for corrective action by the school district.	18496

Upon making a report for the first time in a fiscal year, the	18497
department shall withhold ten per cent of the total amount due	18498
during that fiscal year under Chapter 3317. of the Revised Code to	18499
the school district to which the report applies. Upon making a	18500
second report in a fiscal year, the department shall withhold an	18501
additional twenty per cent of such total amount due during that	18502
fiscal year to the school district to which the report applies.	18503
The department shall not release such funds unless it determines	18504
that the district has taken corrective action. However, no such	18505
release of funds shall occur if the district fails to take	18506
corrective action within forty-five days of the date upon which	18507
the report was made by the department.	18508

(M) No data acquisition site or school district shall	18509
acquire, change, or update its student administration software	18510
package to manage and report data required to be reported to the	18511
department unless it converts to a student software package that	18512
is certified by the department.	18513

(N) The state board of education, in accordance with sections	18514
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	18515
license as defined under division (A) of section 3319.31 of the	18516
Revised Code that has been issued to any school district employee	18517
found to have willfully reported erroneous, inaccurate, or	18518
incomplete data to the education management information system.	18519

(O) No person shall release or maintain any information about	18520
any student in violation of this section. Whoever violates this	18521
division is guilty of a misdemeanor of the fourth degree.	18522

(P) The department shall disaggregate the data collected	18523
under division (B)(1)(o) of this section according to the race and	18524
socioeconomic status of the students assessed. No data collected	18525
under that division shall be included on the report cards required	18526
by section 3302.03 of the Revised Code.	18527

(Q) If the department cannot compile any of the information	18528
required by division (C)(5) of section 3302.03 of the Revised Code	18529
based upon the data collected under this section, the department	18530
shall develop a plan and a reasonable timeline for the collection	18531
of any data necessary to comply with that division.	18532

Sec. 3301.0715. (A) Except as provided in division (E) of	18533
this section, the board of education of each city, local, and	18534
exempted village school district shall administer each applicable	18535
diagnostic assessment developed and provided to the district in	18536
accordance with section 3301.079 of the Revised Code to the	18537
following:	18538

(1) Each student enrolled in a building subject to division	18539
(E) of section 3302.04 of the Revised Code;	18540

(2) Any student who transfers into the district or to a	18541
different school within the district if each applicable diagnostic	18542
assessment was not administered by the district or school the	18543
student previously attended in the current school year, within	18544
thirty days after the date of transfer. If the district or school	18545
into which the student transfers cannot determine whether the	18546
student has taken any applicable diagnostic assessment in the	18547
current school year, the district or school may administer the	18548
diagnostic assessment to the student.	18549

(3) Each kindergarten student, not later than six weeks after	18550
the first day of school. For the purpose of division (A)(3) of	18551
this section, the district shall administer the kindergarten	18552
readiness assessment provided by the department of education. The	18553
district may administer the readiness assessment to a student	18554
prior to the student's enrollment in kindergarten, but in no case	18555
shall the results of the readiness assessment be used to prohibit	18556
the student from enrolling in kindergarten.	18557

(4) Each student enrolled in first or second grade.

18558

(B) Each district board shall administer each diagnostic	18559
assessment as the board deems appropriate. However, the board	18560
shall administer any diagnostic assessment at least once annually	18561
to all students in the appropriate grade level. A district board	18562
may administer any diagnostic assessment in the fall and spring of	18563
a school year to measure the amount of academic growth	18564
attributable to the instruction received by students during that	18565
school year.	18566

(C) Each district board shall utilize and score any	18567
diagnostic assessment administered under division (A) of this	18568
section in accordance with rules established by the department.	18569
Except as required by division (B)(1)(o) of section 3301.0714 of	18570
the Revised Code, neither the state board of education nor the	18571
department shall require school districts to report the results of	18572
diagnostic assessments for any students to the department or to	18573
make any such results available in any form to the public. After	18574
the administration of any diagnostic assessment, each district	18575
shall provide a student's completed diagnostic assessment, the	18576
results of such assessment, and any other accompanying documents	18577
used during the administration of the assessment to the parent of	18578
that student upon the parent's request.	18579

(D) Each district board shall provide intervention services	18580
to students whose diagnostic assessments show that they are	18581
failing to make satisfactory progress toward attaining the	18582
academic standards for their grade level.	18583

(E) Any district that made adequate yearly progress, as	18584
defined in section 3302.01 of the Revised Code, in the immediately	18585
preceding school year may assess student progress in grades one	18586
through ~~eight~~three using a diagnostic assessment other than the	18587
diagnostic assessment required by division (A) of this section.	18588

(F) A district board may administer ~~any~~the third grade	18589
writing diagnostic assessment provided to the district in	18590
accordance with section 3301.079 of the Revised Code to any	18591
student enrolled in a building that is not subject to division	18592
(A)(1) of this section. Any district electing to administer the	18593
diagnostic ~~assessments~~assessment to students under this division	18594
shall provide intervention services to any such student whose	18595
diagnostic assessment shows unsatisfactory progress toward	18596
attaining the academic standards for the student's grade level.	18597

Sec. 3301.12. (A) The superintendent of public instruction	18598
in addition to the authority otherwise imposed on ~~him~~the	18599
superintendent, shall perform the following duties:	18600

(1) HeThe superintendent shall provide technical and	18601
professional assistance and advice to all school districts in	18602
reference to all aspects of education, including finance,	18603
buildings and equipment, administration, organization of school	18604
districts, curriculum and instruction, transportation of pupils,	18605
personnel problems, and the interpretation of school laws and	18606
state regulations.	18607

(2) HeThe superintendent shall prescribe and require the	18608
preparation and filing of such financial and other reports from	18609
school districts, officers, and employees as are necessary or	18610
proper. HeThe superintendent shall prescribe and require the	18611
installation by school districts of such standardized reporting	18612
forms and accounting procedures as are essential to the	18613
businesslike operations of the public schools of the state.	18614

(3) HeThe superintendent shall conduct such studies and	18615
research projects as are necessary or desirable for the	18616
improvement of public school education in Ohio, and such as may be	18617
assigned to ~~him~~the superintendent by the state board of	18618
education. Such studies and projects may include analysis of data	18619
contained in the education management information system	18620
established under section 3301.0714 of the Revised Code. For any	18621
study or project that requires the analysis of individual student	18622
data, the department of education or any entity with which the	18623
superintendent or department contracts to conduct the study or	18624
project shall maintain the confidentiality of student data at all	18625
times. For this purpose, the department or contracting entity	18626
shall use the data verification code assigned pursuant to division	18627
(D)(2) of section 3301.0714 of the Revised Code for each student	18628
whose data is analyzed. Except as otherwise provided in division	18629
(D)(1) of section 3301.0714 of the Revised Code, at no time shall	18630
the superintendent, the department, the state board of education,	18631
or any entity conducting a study or research project on the	18632
superintendent's behalf have access to a student's name, address,	18633
or social security number while analyzing individual student data.	18634

(4) HeThe superintendent shall prepare and submit annually	18635
to the state board of education a report of the activities of the	18636
department of education and the status, problems, and needs of	18637
education in the state of Ohio.	18638

(5) HeThe superintendent shall supervise all agencies over	18639
which the board exercises administrative control, including	18640
schools for education of handicapped persons.	18641

(B) The superintendent of public instruction may annually	18642
inspect and analyze the expenditures of each school district and	18643
make a determination as to the efficiency of each district's	18644
costs, relative to other school districts in the state, for	18645
instructional, administrative, and student support services. The	18646
superintendent shall notify each school district as to the nature	18647
of, and reasons for, ~~his~~the determination. The state board of	18648
education shall adopt rules in accordance with Chapter 119. of the	18649
Revised Code setting forth the procedures and standards for the	18650
performance of the inspection and analysis.	18651

Sec. 3301.16. Pursuant to standards prescribed by the state	18652
board of education as provided in division (D) of section 3301.07	18653
of the Revised Code, the state board shall classify and charter	18654
school districts and individual schools within each district	18655
except that no charter shall be granted to a nonpublic school	18656
unless pursuant to division (K) of section 3301.0711 of the	18657
Revised Code the school elects to administer the tests prescribed	18658
by division (B) of section 3301.0710 of the Revised Code beginning	18659
July 1, 1995. ~~The~~	18660

In the course of considering the charter of a new school	18661
district created under section 3311.26 or 3311.38 of the Revised	18662
Code, the state board shall require the party proposing creation	18663
of the district to submit to the board a map, certified by the	18664
county auditor of the county in which the proposed new district is	18665
located, showing the boundaries of the proposed new district. In	18666
the case of a proposed new district located in more than one	18667
county, the map shall be certified by the county auditor of each	18668
county in which the proposed district is located.	18669

The state board shall revoke the charter of any school	18670
district or school which fails to meet the standards for	18671
elementary and high schools as prescribed by the board. The state	18672
board shall also revoke the charter of any nonpublic school that	18673
does not comply with section 3313.612 of the Revised Code or, on	18674
or after July 1, 1995, does not participate in the testing program	18675
prescribed by division (B) of section 3301.0710 of the Revised	18676
Code. In	18677

In the issuance and revocation of school district or school	18678
charters, the state board shall be governed by the provisions of	18679
Chapter 119. of the Revised Code.	18680

No school district, or individual school operated by a school	18681
district, shall operate without a charter issued by the state	18682
board under this section.	18683

In case a school district charter is revoked pursuant to this	18684
section, the state board may dissolve the school district and	18685
transfer its territory to one or more adjacent districts. An	18686
equitable division of the funds, property, and indebtedness of the	18687
school district shall be made by the state board among the	18688
receiving districts. The board of education of a receiving	18689
district shall accept such territory pursuant to the order of the	18690
state board. Prior to dissolving the school district, the state	18691
board shall notify the appropriate educational service center	18692
governing board and all adjacent school district boards of	18693
education of its intention to do so. Boards so notified may make	18694
recommendations to the state board regarding the proposed	18695
dissolution and subsequent transfer of territory. Except as	18696
provided in section 3301.161 of the Revised Code, the transfer	18697
ordered by the state board shall become effective on the date	18698
specified by the state board, but the date shall be at least	18699
thirty days following the date of issuance of the order.	18700

A high school is one of higher grade than an elementary	18701
school, in which instruction and training are given in accordance	18702
with sections 3301.07 and 3313.60 of the Revised Code and which	18703
also offers other subjects of study more advanced than those	18704
taught in the elementary schools and such other subjects as may be	18705
approved by the state board of education.	18706

An elementary school is one in which instruction and training	18707
are given in accordance with sections 3301.07 and 3313.60 of the	18708
Revised Code and which offers such other subjects as may be	18709
approved by the state board of education. In districts wherein a	18710
junior high school is maintained, the elementary schools in that	18711
district may be considered to include only the work of the first	18712
six school years inclusive, plus the kindergarten year.	18713

Sec. 3301.311. (A) As used in this section, "preschool	18714
program" and "school child program" have the same meanings as in	18715
section 3301.52 of the Revised Code.	18716

(B) After ~~June 30, 2001~~July 1, 2005, no ~~head start~~preschool	18717
program, school child program, or early learning program, as	18718
defined by the department of education, shall receive any funds	18719
from the state unless fifty per cent of the staff members employed	18720
by that program as teachers are working toward an associate degree	18721
of a type approved by the department ~~of education. After June 30,~~	18722
~~2003, no head start program shall receive any funds from the state~~	18723
~~unless each staff member employed by that program as a teacher is~~	18724
~~working toward an associate degree of a type approved by the~~	18725
~~department of education~~. Beginning in fiscal year 2008, no ~~head~~	18726
~~start~~preschool program, school child program, or early learning	18727
program, shall receive any funds from the state unless every staff	18728
member employed by that program as a teacher has attained such a	18729
degree.	18730

Sec. 3301.32. (A)(1) The chief administrator of any head	18731
start agency shall request the superintendent of the bureau of	18732
criminal identification and investigation to conduct a criminal	18733
records check with respect to any applicant who has applied to the	18734
head start agency for employment as a person responsible for the	18735
care, custody, or control of a child. If the applicant does not	18736
present proof that the applicant has been a resident of this state	18737
for the five-year period immediately prior to the date upon which	18738
the criminal records check is requested or does not provide	18739
evidence that within that five-year period the superintendent has	18740
requested information about the applicant from the federal bureau	18741
of investigation in a criminal records check, the chief	18742
administrator shall request that the superintendent obtain	18743
information from the federal bureau of investigation as a part of	18744
the criminal records check for the applicant. If the applicant	18745
presents proof that the applicant has been a resident of this	18746
state for that five-year period, the chief administrator may	18747
request that the superintendent include information from the	18748
federal bureau of investigation in the criminal records check.	18749

(2) Any person required by division (A)(1) of this section to	18750
request a criminal records check shall provide to each applicant a	18751
copy of the form prescribed pursuant to division (C)(1) of section	18752
109.572 of the Revised Code, provide to each applicant a standard	18753
impression sheet to obtain fingerprint impressions prescribed	18754
pursuant to division (C)(2) of section 109.572 of the Revised	18755
Code, obtain the completed form and impression sheet from each	18756
applicant, and forward the completed form and impression sheet to	18757
the superintendent of the bureau of criminal identification and	18758
investigation at the time the chief administrator requests a	18759
criminal records check pursuant to division (A)(1) of this	18760
section.	18761

(3) Any applicant who receives pursuant to division (A)(2) of	18762
this section a copy of the form prescribed pursuant to division	18763
(C)(1) of section 109.572 of the Revised Code and a copy of an	18764
impression sheet prescribed pursuant to division (C)(2) of that	18765
section and who is requested to complete the form and provide a	18766
set of fingerprint impressions shall complete the form or provide	18767
all the information necessary to complete the form and shall	18768
provide the impression sheets with the impressions of the	18769
applicant's fingerprints. If an applicant, upon request, fails to	18770
provide the information necessary to complete the form or fails to	18771
provide impressions of the applicant's fingerprints, the head	18772
start agency shall not employ that applicant for any position for	18773
which a criminal records check is required by division (A)(1) of	18774
this section.	18775

(B)(1) Except as provided in rules adopted by the director of	18776
job and family services in accordance with division (E) of this	18777
section, no head start agency shall employ a person as a person	18778
responsible for the care, custody, or control of a child if the	18779
person previously has been convicted of or pleaded guilty to any	18780
of the following:	18781

(a) A violation of section 2903.01, 2903.02, 2903.03,	18782
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	18783
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	18784
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	18785
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	18786
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	18787
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	18788
2925.06, or 3716.11 of the Revised Code, a violation of section	18789
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	18790
violation of section 2919.23 of the Revised Code that would have	18791
been a violation of section 2905.04 of the Revised Code as it	18792
existed prior to July 1, 1996, had the violation occurred prior to	18793
that date, a violation of section 2925.11 of the Revised Code that	18794
is not a minor drug possession offense, or felonious sexual	18795
penetration in violation of former section 2907.12 of the Revised	18796
Code;	18797

(b) A violation of an existing or former law of this state,	18798
any other state, or the United States that is substantially	18799
equivalent to any of the offenses or violations described in	18800
division (B)(1)(a) of this section.	18801

(2) A head start agency may employ an applicant conditionally	18802
until the criminal records check required by this section is	18803
completed and the agency receives the results of the criminal	18804
records check. If the results of the criminal records check	18805
indicate that, pursuant to division (B)(1) of this section, the	18806
applicant does not qualify for employment, the agency shall	18807
release the applicant from employment.	18808

(C)(1) Each head start agency shall pay to the bureau of	18809
criminal identification and investigation the fee prescribed	18810
pursuant to division (C)(3) of section 109.572 of the Revised Code	18811
for each criminal records check conducted in accordance with that	18812
section upon the request pursuant to division (A)(1) of this	18813
section of the chief administrator of the head start agency.	18814

(2) A head start agency may charge an applicant a fee for the	18815
costs it incurs in obtaining a criminal records check under this	18816
section. A fee charged under this division shall not exceed the	18817
amount of fees the agency pays under division (C)(1) of this	18818
section. If a fee is charged under this division, the agency shall	18819
notify the applicant at the time of the applicant's initial	18820
application for employment of the amount of the fee and that,	18821
unless the fee is paid, the head start agency will not consider	18822
the applicant for employment.	18823

(D) The report of any criminal records check conducted by the	18824
bureau of criminal identification and investigation in accordance	18825
with section 109.572 of the Revised Code and pursuant to a request	18826
made under division (A)(1) of this section is not a public record	18827
for the purposes of section 149.43 of the Revised Code and shall	18828
not be made available to any person other than the applicant who	18829
is the subject of the criminal records check or the applicant's	18830
representative, the head start agency requesting the criminal	18831
records check or its representative, and any court, hearing	18832
officer, or other necessary individual involved in a case dealing	18833
with the denial of employment to the applicant.	18834

(E) The director of job and family services shall adopt rules	18835
pursuant to Chapter 119. of the Revised Code to implement this	18836
section, including rules specifying circumstances under which a	18837
head start agency may hire a person who has been convicted of an	18838
offense listed in division (B)(1) of this section but who meets	18839
standards in regard to rehabilitation set by the director.	18840

(F) Any person required by division (A)(1) of this section to	18841
request a criminal records check shall inform each person, at the	18842
time of the person's initial application for employment, that the	18843
person is required to provide a set of impressions of the person's	18844
fingerprints and that a criminal records check is required to be	18845
conducted and satisfactorily completed in accordance with section	18846
109.572 of the Revised Code if the person comes under final	18847
consideration for appointment or employment as a precondition to	18848
employment for that position.	18849

(G) As used in this section:

18850

(1) "Applicant" means a person who is under final	18851
consideration for appointment or employment in a position with a	18852
head start agency as a person responsible for the care, custody,	18853
or control of a child.	18854

(2) "Head start agency" ~~has the same meaning as in section~~	18855
~~3301.31 of the Revised Code~~means an entity in this state that has	18856
been approved to be an agency for purposes of the "Head Start	18857
Act," 95 State 489 (1981), 42 U.S.C. 9831, as amended.	18858

(3) "Criminal records check" has the same meaning as in	18859
section 109.572 of the Revised Code.	18860

(4) "Minor drug possession offense" has the same meaning as	18861
in section 2925.01 of the Revised Code.	18862

Sec. 3301.86. The ~~OhioReads~~ classroom reading improvement	18863
grants program is hereby established. ~~The OhioReads council shall~~	18864
~~award grants under the program in accordance with the standards it~~	18865
~~establishes under section 3301.91 of the Revised Code. The~~	18866
~~OhioReads office is the fiscal agent for the program and shall pay~~	18867
~~the grants awarded by the council~~Under the program, the	18868
department of education shall award reading intervention grants to	18869
public schools and classrooms operated by city, local, and	18870
exempted village school districts, by community schools, and by	18871
educational service centers. The grants shall be used to fund the	18872
engagement of volunteers to assist struggling students in grades	18873
kindergarten through twelve improve their reading skills, to	18874
improve reading outcomes in low-performing schools, and to	18875
facilitate closing the achievement gap between students of	18876
different subgroups.	18877

Sec. 3301.88. (A) A recipient of a grant under section	18878
3301.86 ~~or 3301.87~~ of the Revised Code ~~or an entity approved by~~	18879
~~the OhioReads council~~ may request from the bureau of criminal	18880
identification and investigation a criminal records check on any	18881
individual, other than an individual described in division (B) of	18882
this section, who applies to participate in providing directly to	18883
children any program or service ~~through an entity approved by the~~	18884
~~OhioReads council or~~ funded in whole or in part by the grant. If a	18885
recipient ~~or an entity approved by the OhioReads council~~ elects to	18886
request a criminal records check, the request shall consist of a	18887
request for the information a school district board of education	18888
may request under division (F)(2)(a) of section 109.57 of the	18889
Revised Code and shall be accompanied by one of the following	18890
identification options:	18891

(1) The form and standard impression sheet prescribed by the	18892
bureau under division (C) of section 109.572 of the Revised Code;	18893

(2) A form prescribed by the bureau on which is specified the	18894
individual's name, social security number, and date of birth.	18895

(B) A grant recipient ~~or an entity approved by the OhioReads~~	18896
~~council~~ shall not request a criminal records check under division	18897
(A) of this section with respect to any individual who furnishes	18898
the grant recipient ~~or an entity approved by the OhioReads council~~	18899
with a certified copy of a report of a criminal records check	18900
completed by the bureau within one year prior to applying to	18901
participate in providing programs or services ~~through an entity~~	18902
~~approved by the OhioReads council or~~ under ~~an OhioReads~~the grant.	18903

(C) Except as provided in rules adopted under division (G)(2)	18904
of this section, a grant recipient ~~or an entity approved by the~~	18905
~~OhioReads council~~ shall not allow an individual to participate in	18906
providing directly to children any program or service ~~through an~~	18907
~~entity approved by the OhioReads council or~~ funded in whole or in	18908
part by the grant if the information requested under this section	18909
from the bureau indicates that the individual has ever pleaded	18910
guilty to or been found guilty by a jury or court of any of the	18911
following:	18912

(1) A felony;

18913

(2) A violation of section 2903.16, 2903.34, 2905.05,	18914
2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25,	18915
2907.31, 2919.12, 2919.22, 2919.24, 2925.04, or 3716.11 of the	18916
Revised Code; a violation of section 2905.04 of the Revised Code	18917
as it existed prior to July 1, 1996; or a violation of section	18918
2919.23 of the Revised Code that would have been a violation of	18919
section 2905.04 of the Revised Code as it existed prior to July 1,	18920
1996, had it been committed prior to that date;	18921

(3) An offense of violence;

18922

(4) A theft offense, as defined in section 2913.01 of the	18923
Revised Code;	18924

(5) A drug abuse offense, as defined in section 2925.01 of	18925
the Revised Code;	18926

(6) A violation of an existing or former ordinance of a	18927
municipal corporation or law of the United States or another state	18928
that is substantively comparable to an offense listed in divisions	18929
(C)(1) to (5) of this section.	18930

(D) A grant recipient ~~or an entity approved by the OhioReads~~	18931
~~council~~ that elects to request criminal records checks may	18932
conditionally allow an individual to participate in providing	18933
programs or services directly to children until the criminal	18934
records check is completed and the grant recipient ~~or an entity~~	18935
~~approved by the OhioReads council~~ receives the results. If the	18936
results of the criminal records check indicate that the individual	18937
has been convicted of or pleaded guilty to an offense listed in	18938
division (C) of this section, the grant recipient ~~or an entity~~	18939
~~approved by the OhioReads council~~ shall not allow the individual	18940
to further participate in providing directly to children any	18941
program or service ~~through an entity approved by the OhioReads~~	18942
~~council or~~ funded in whole or in part by the grant, except as	18943
provided in the rules adopted under division (G)(2) of this	18944
section.	18945

(E) The report of any criminal records check conducted in	18946
accordance with division (F)(5) of section 109.57 of the Revised	18947
Code pursuant to a request under this section is not a public	18948
record for purposes of section 149.43 of the Revised Code. The	18949
report shall not be made available to any person other than the	18950
individual who is the subject of the criminal records check or the	18951
individual's representative, the grant recipient or the grant	18952
recipient's representative ~~or an entity approved by the OhioReads~~	18953
~~council~~, and any court, hearing officer, or other necessary	18954
individual in a case dealing with the denial of the individual's	18955
participation in a program or service ~~through an entity approved~~	18956
~~by the OhioReads council or~~ funded by ~~an OhioReads~~a grant awarded	18957
under section 3301.86 of the Revised Code.	18958

(F) The ~~OhioReads office~~department of education shall	18959
reimburse each grant recipient ~~or an entity approved by the~~	18960
~~OhioReads council~~ for each criminal records check the actual	18961
amount paid by the grant recipient ~~or an entity approved by the~~	18962
~~OhioReads council~~ for the portion of the criminal records check	18963
conducted by the bureau of criminal identification and	18964
investigation. Reimbursement shall be paid under this division	18965
only for criminal records checks on individuals who apply to	18966
participate in providing directly to children any program or	18967
service ~~through an entity approved by the OhioReads council or~~	18968
funded in whole or in part by the grant. To receive it, the grant	18969
recipient ~~or an entity approved by the OhioReads council~~ must	18970
submit information to the ~~office~~department in the form and manner	18971
required by the ~~office~~department. The reimbursement is in	18972
addition to the grant awarded to the recipient under section	18973
3301.86 ~~or 3301.87~~ of the Revised Code.	18974

(G) The ~~department~~state board of education shall adopt rules	18975
in accordance with Chapter 119. of the Revised Code:	18976

(1) Prescribing the form and manner in which grant recipients	18977
~~or an entity approved by the OhioReads council~~ must submit	18978
information to the ~~OhioReads office~~department to receive	18979
reimbursement under division (F) of this section;	18980

(2) Specifying circumstances under which a grant recipient or	18981
~~an entity approved by the OhioReads council~~ may allow an	18982
individual whose criminal records check report indicates that the	18983
individual has been convicted of or pleaded guilty to an offense	18984
listed in division (C) of this section, but who meets standards in	18985
regard to rehabilitation set forth in the rules, to participate in	18986
providing directly to children any program or service ~~through an~~	18987
~~entity approved by the OhioReads council or~~ funded in whole or in	18988
part by the grant.	18989

Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the	18990
Revised Code:	18991

(A) An "eligible student" is a student who satisfies the	18992
conditions specified in section 3310.03 of the Revised Code.	18993

(B) "Parent" has the same meaning as in section 3313.98 of	18994
the Revised Code.	18995

(C) "Registered private school" means a nonpublic school	18996
registered with the superintendent of public instruction under	18997
section 3310.11 of the Revised Code to participate in the	18998
educational choice scholarship program.	18999

(D) "Resident district" means the school district in which a	19000
student is entitled to attend school under section 3313.64 or	19001
3313.65 of the Revised Code.	19002

(E) "School year" has the same meaning as in section 3313.62	19003
of the Revised Code.	19004

Sec. 3310.02. The educational choice scholarship program is	19005
hereby established. Under the program, the department of education	19006
annually shall pay scholarships in accordance with section 3310.08	19007
of the Revised Code for up to the number of eligible students	19008
prescribed by the general assembly. If the number of students who	19009
apply for a scholarship exceeds the number prescribed by the	19010
general assembly, the department first shall award scholarships to	19011
eligible students who received scholarships in the prior school	19012
year, and then shall select students by lot to receive any	19013
remaining scholarships.	19014

Sec. 3310.03. (A) A student is an "eligible student" for	19015
purposes of the educational choice scholarship program if the	19016
student satisfies all of the following conditions:	19017

(1) The student's resident district is a school district that	19018
the department of education declared to be in a state of academic	19019
emergency or academic watch under section 3302.03 of the Revised	19020
Code in the department's most recent rating of school districts	19021
published prior to the first day of July of the school year for	19022
which a scholarship is sought.	19023

(2) The student's resident district is not a district in	19024
which the pilot project scholarship program is operating under	19025
sections 3313.974 to 3313.979 of the Revised Code.	19026

(3) The student was enrolled in the student's resident	19027
district or in a community school established under Chapter 3314.	19028
of the Revised Code during the school year immediately prior to	19029
the school year for which a scholarship is sought under the	19030
educational choice scholarship program for the first time.	19031

(B) A student who receives a scholarship under the	19032
educational choice scholarship program remains an eligible student	19033
and may continue to receive scholarships in subsequent school	19034
years until the student completes grade twelve, so long as the	19035
student's resident district remains the same, regardless of the	19036
district's future academic rating.	19037

(C) The superintendent shall cease awarding first-time	19038
scholarships for students whose resident district, in the most	19039
recent ratings of school districts published under section 3302.03	19040
of the Revised Code prior to the first day of July of the school	19041
year, ceases to be in a state of academic emergency or academic	19042
watch. However, students who have received scholarships in the	19043
prior school year remain eligible students pursuant to division	19044
(B) of this section.	19045

Sec. 3310.04. Any eligible student who is enrolled in a	19046
registered private school and for whom a scholarship under the	19047
educational choice scholarship program has been awarded shall be	19048
entitled to transportation to and from the registered private	19049
school by the student's resident district in the manner prescribed	19050
in section 3327.01 of the Revised Code.	19051

Sec. 3310.05. A scholarship under the educational choice	19052
scholarship program is not available for any student whose	19053
resident district is a school district in which the pilot project	19054
scholarship program is operating under sections 3313.974 to	19055
3313.979 of the Revised Code.	19056

Sec. 3310.06. It is the policy adopted by the general	19057
assembly that the educational choice scholarship program shall be	19058
construed as one of several educational options available for	19059
students enrolled in academic watch or academic emergency school	19060
districts. Students may be enrolled in the schools of the	19061
student's resident district, in a community school established	19062
under Chapter 3314. of the Revised Code, in the schools of another	19063
school district pursuant to an open enrollment policy adopted	19064
under section 3313.98 of the Revised Code, in a registered private	19065
school with or without a scholarship under the educational choice	19066
scholarship program, or in other schools as the law may provide.	19067

Sec. 3310.07. Any parent, or any student who is at least	19068
eighteen years of age, who is seeking a scholarship under the	19069
educational choice scholarship program shall notify the department	19070
of education of the student's and parent's names and address, the	19071
registered private school in which the student has been accepted	19072
for enrollment, and the tuition charged by the school.	19073

Sec. 3310.08. (A) The amount paid for an eligible student	19074
under the educational choice scholarship program shall be the	19075
lesser of the actual cost per pupil of the registered private	19076
school in which the student is enrolled, as reported by the school	19077
to the superintendent of public instruction under section 3310.13	19078
of the Revised Code, or the maximum amount prescribed in section	19079
3310.09 of the Revised Code.	19080

(B)(1) The department shall pay to the parent of each	19081
eligible student for whom a scholarship is awarded under the	19082
program, or to the student if at least eighteen years of age,	19083
periodic partial payments of the scholarship in the same	19084
proportion to the total scholarship amount and at the same times	19085
as the department makes payments to community schools under	19086
section 3314.08 of the Revised Code.	19087

(2) The department shall proportionately reduce or terminate	19088
the payments for any student who withdraws from a registered	19089
private school prior to the end of the school year in the same	19090
manner as payments are reduced or terminated for students who	19091
withdraw from a community school before the end of a school year.	19092

(C)(1) The department shall deduct from the payments made to	19093
each school district under Chapter 3317. and, if necessary,	19094
sections 321.24 and 323.156 of the Revised Code the aggregate	19095
amount paid under division (B) of this section for all eligible	19096
students who are entitled under section 3313.64 or 3313.65 of the	19097
Revised Code to attend school in the district.	19098

(2) If the department reduces or terminates payments to a	19099
parent or a student, as prescribed in division (B)(2) of this	19100
section, the department shall proportionally reduce or cease	19101
making deductions for that student under division (C) of this	19102
section.	19103

(D) In the case of any school district from which a deduction	19104
is made under division (C) of this section, the department shall	19105
disclose on the district's SF-3 form, or any successor to that	19106
form used to calculate a district's state funding for operating	19107
expenses, a comparison of the following:	19108

(1) The district's state base-cost payment, as calculated	19109
under division (A) of section 3317.022 of the Revised Code, with	19110
the scholarship students included in the district's adjusted	19111
formula ADM;	19112

(2) What the district's state base-cost payment would have	19113
been, as calculated under that division, if the scholarship	19114
students were not included in the district's adjusted formula ADM.	19115

This comparison shall display both the aggregate difference	19116
between the amounts described in divisions (D)(1) and (2) of this	19117
section, and the quotient of that aggregate difference divided by	19118
the number of eligible students for whom deductions are made under	19119
division (C) of this section.	19120

Sec. 3310.09. (A) The maximum amount awarded to an eligible	19121
student in fiscal year 2007 under the educational choice	19122
scholarship program shall be as follows:	19123

(1) For grades kindergarten through four, four thousand	19124
dollars;	19125

(2) For grades five through eight, four thousand five hundred	19126
dollars;	19127

(3) For grades nine through twelve, five thousand dollars.

19128

(B) In fiscal year 2008 and in each fiscal year thereafter,	19129
the maximum amount awarded under the program shall be the	19130
applicable maximum amount awarded in the previous fiscal year	19131
increased by the rate of inflation, as measured by the rate of	19132
change in the consumer price index (all urban consumers, all	19133
items), prepared by the bureau of labor statistics of the United	19134
States department of labor, for the twelve-month period ending on	19135
the thirtieth day of June of the previous fiscal year.	19136

Sec. 3310.10. A scholarship awarded under section 3310.08 of	19137
the Revised Code may be used only to pay tuition to any registered	19138
private school.	19139

Sec. 3310.11. A nonpublic school shall not receive payments	19140
from a parent or student who is paid a scholarship under section	19141
3310.08 of the Revised Code until the chief administrator of the	19142
school registers the school with the superintendent of public	19143
instruction. The superintendent shall register any school that	19144
meets the following requirements:	19145

(A) The school indicates in writing its commitment to follow	19146
all requirements for the educational choice scholarship program	19147
specified under sections 3310.01 to 3310.17 of the Revised Code.	19148

(B) The school meets minimum education standards prescribed	19149
by the state board of education and satisfies at least one of the	19150
following conditions:	19151

(1) The school is chartered by the state board under section	19152
3301.16 of the Revised Code.	19153

(2) The school is accredited by a national organization that	19154
accredits schools that teach grades kindergarten through twelve.	19155

(3) The school has been in continuous operation for not less	19156
than five years, during which time the school has served not fewer	19157
than two-thirds the number of grade levels that the school will	19158
serve as a registered private school.	19159

(C) The school does not discriminate on the basis of race,	19160
religion, national origin, or ethnic background.	19161

(D) If the school does not have positions available for all	19162
of the applicants who wish to enroll in the school under such	19163
scholarship, as provided in the school's regular enrollment	19164
criteria, the school fills the available positions on a random	19165
selection basis or a first-come first-served basis, or some	19166
combination of both, except that the school may give priority to	19167
students previously enrolled in the school or to students who live	19168
in the same household as a student currently or previously	19169
enrolled in the school.	19170

(E) If the school is not chartered by the state board under	19171
section 3301.16 of the Revised Code, the school agrees to comply	19172
with section 3319.39 of the Revised Code as if it were a school	19173
district.	19174

(F) The school agrees to retain on file accurate and complete	19175
documentation of the following:	19176

(1) Employee criminal records checks;

19177

(2) Student attendance records;

19178

(3) Records of tuition charges and payments for each student	19179
for whom a scholarship is paid under section 3310.08 of the	19180
Revised Code.	19181

Sec. 3310.12. Each registered private school shall file	19182
either of the following with the superintendent of public	19183
instruction:	19184

(A) A surety bond payable to the state in an amount equal to	19185
the greater of five hundred thousand dollars or the aggregate	19186
amount of scholarships paid under section 3310.08 of the Revised	19187
Code to students enrolled in the school in the previous school	19188
year;	19189

(B) An unconditional guarantee by a third party with a net	19190
worth of not less than ten million dollars, as determined by the	19191
auditor of state, of payment of any moneys that the school might	19192
owe to the state.	19193

Sec. 3310.13. (A) No registered private school shall charge	19194
any student whose family income is less than two hundred per cent	19195
of the federal poverty guidelines, as defined in section 5101.46	19196
of the Revised Code, a tuition fee that is greater than one	19197
hundred five per cent of the total amount paid for that student	19198
under section 3310.08 of the Revised Code.	19199

A registered private school may charge any other student who	19200
is paid a scholarship under that section the difference between	19201
the amount of the scholarship and the regular tuition charge of	19202
the school.	19203

(B) Each registered private school shall permit each eligible	19204
student's family, at the family's option, to provide volunteer	19205
services in lieu of cash payment to pay all or part of the amount	19206
of the school's tuition not paid for by the scholarship paid under	19207
section 3310.08 of the Revised Code.	19208

(C) Each registered private school annually shall report to	19209
the superintendent of public instruction, in the manner prescribed	19210
by the superintendent, the actual cost per pupil of the school.	19211

Sec. 3310.14. Notwithstanding division (K) of section	19212
3301.0711 of the Revised Code, each registered private school that	19213
enrolls students awarded scholarships under sections 3310.01 to	19214
3310.17 of the Revised Code shall administer the achievement tests	19215
prescribed by section 3301.0710 of the Revised Code to each	19216
scholarship student in accordance with section 3301.0711 of the	19217
Revised Code. Nothing in this section requires a chartered	19218
nonpublic school to administer any achievement test, except for an	19219
Ohio graduation test prescribed by division (B) of section	19220
3301.0710 of the Revised Code, to any student enrolled in the	19221
school who is not a scholarship student.	19222

Sec. 3310.15. The superintendent of public instruction shall	19223
revoke the registration of any registered private school if, after	19224
a hearing, the superintendent determines that the school is in	19225
violation of any provision of section 3310.11, 3310.12, 3310.13,	19226
or 3310.14 of the Revised Code.	19227

Sec. 3310.16. (A) The state board of education shall adopt	19228
rules in accordance with Chapter 119. of the Revised Code	19229
prescribing procedures for the administration of the educational	19230
choice scholarship program that pertain to the following:	19231

(1) Registration of private schools;

19232

(2) Application for and determining eligibility for	19233
scholarships;	19234

(3) Calculating, paying, and accounting for scholarship	19235
awards;	19236

(4) Monitoring compliance with sections 3310.11 to 3310.14 of	19237
the Revised Code.	19238

(B) The state board and the department of education shall not	19239
require registered private schools to comply with any education	19240
laws or rules or other requirements that are not specified in	19241
sections 3310.01 to 3310.14 of the Revised Code and that otherwise	19242
would not apply to a nonpublic school.	19243

Sec. 3310.17. The general assembly shall prescribe the number	19244
of students that may be selected each fiscal year for scholarships	19245
under the educational choice scholarship program.	19246

Sec. 3311.19. (A) The management and control of a joint	19247
vocational school district shall be vested in the joint vocational	19248
school district board of education. Where a joint vocational	19249
school district is composed only of two or more local school	19250
districts located in one county, or when all the participating	19251
districts are in one county and the boards of such participating	19252
districts so choose, the educational service center governing	19253
board of the county in which the joint vocational school district	19254
is located shall serve as the joint vocational school district	19255
board of education. Where a joint vocational school district is	19256
composed of local school districts of more than one county, or of	19257
any combination of city, local, or exempted village school	19258
districts or educational service centers, unless administration by	19259
the educational service center governing board has been chosen by	19260
all the participating districts in one county pursuant to this	19261
section, the board of education of the joint vocational school	19262
district shall be composed of one or more persons who are members	19263
of the boards of education from each of the city or exempted	19264
village school districts or members of the educational service	19265
centers' governing boards affected to be appointed by the boards	19266
of education or governing boards of such school districts and	19267
educational service centers. In such joint vocational school	19268
districts the number and terms of members of the joint vocational	19269
school district board of education and the allocation of a given	19270
number of members to each of the city and exempted village	19271
districts and educational service centers shall be determined in	19272
the plan for such district, provided that each such joint	19273
vocational school district board of education shall be composed of	19274
an odd number of members.	19275

(B) Notwithstanding division (A) of this section, a governing	19276
board of an educational service center that has members of its	19277
governing board serving on a joint vocational school district	19278
board of education may make a request to the joint vocational	19279
district board that the joint vocational school district plan be	19280
revised to provide for one or more members of boards of education	19281
of local school districts that are within the territory of the	19282
educational service district and within the joint vocational	19283
school district to serve in the place of or in addition to its	19284
educational service center governing board members. If agreement	19285
is obtained among a majority of the boards of education and	19286
governing boards that have a member serving on the joint	19287
vocational school district board of education and among a majority	19288
of the local school district boards of education included in the	19289
district and located within the territory of the educational	19290
service center whose board requests the substitution or addition,	19291
the state board of education may revise the joint vocational	19292
school district plan to conform with such agreement.	19293

(C) If the board of education of any school district or	19294
educational service center governing board included within a joint	19295
vocational district that has had its board or governing board	19296
membership revised under division (B) of this section requests the	19297
joint vocational school district board to submit to the state	19298
board of education a revised plan under which one or more joint	19299
vocational board members chosen in accordance with a plan revised	19300
under such division would again be chosen in the manner prescribed	19301
by division (A) of this section, the joint vocational board shall	19302
submit the revised plan to the state board of education, provided	19303
the plan is agreed to by a majority of the boards of education	19304
represented on the joint vocational board, a majority of the local	19305
school district boards included within the joint vocational	19306
district, and each educational service center governing board	19307
affected by such plan. The state board of education may revise the	19308
joint vocational school district plan to conform with the revised	19309
plan.	19310

(D) The vocational schools in such joint vocational school	19311
district shall be available to all youth of school age within the	19312
joint vocational school district subject to the rules adopted by	19313
the joint vocational school district board of education in regard	19314
to the standards requisite to admission. A joint vocational school	19315
district board of education shall have the same powers, duties,	19316
and authority for the management and operation of such joint	19317
vocational school district as is granted by law, except by this	19318
chapter and Chapters 124., 3317., 3323., and 3331. of the Revised	19319
Code, to a board of education of a city school district, and shall	19320
be subject to all the provisions of law that apply to a city	19321
school district, except such provisions in this chapter and	19322
Chapters 124., 3317., 3323., and 3331. of the Revised Code.	19323

(E) Where a governing board of an educational service center	19324
has been designated to serve as the joint vocational school	19325
district board of education, the educational service center	19326
superintendent shall be the executive officer for the joint	19327
vocational school district, and the governing board may provide	19328
for additional compensation to be paid to the educational service	19329
center superintendent by the joint vocational school district, but	19330
the educational service center superintendent shall have no	19331
continuing tenure other than that of educational service center	19332
superintendent. The superintendent of schools of a joint	19333
vocational school district shall exercise the duties and authority	19334
vested by law in a superintendent of schools pertaining to the	19335
operation of a school district and the employment and supervision	19336
of its personnel. The joint vocational school district board of	19337
education shall appoint a treasurer of the joint vocational school	19338
district who shall be the fiscal officer for such district and who	19339
shall have all the powers, duties, and authority vested by law in	19340
a treasurer of a board of education. Where a governing board of an	19341
educational service center has been designated to serve as the	19342
joint vocational school district board of education, such board	19343
may appoint the educational service center superintendent as the	19344
treasurer of the joint vocational school district.	19345

(F) Each member of a joint vocational school district board	19346
of education may be paid such compensation as the board provides	19347
by resolution, but it shall not exceed one hundred twenty-five	19348
dollars per member for each meeting attended plus mileage, at the	19349
rate per mile provided by resolution of the board, to and from	19350
meetings of the board.	19351

The board may provide by resolution for the deduction of	19352
amounts payable for benefits under ~~division (D) of~~ section	19353
3313.202 of the Revised Code. ~~No member of a board of a joint~~	19354
~~vocational school district who is purchasing any category of~~	19355
~~benefits under such section offered by a city, local, or exempted~~	19356
~~village school board or educational service center governing~~	19357
~~board, shall purchase the same category of benefits as a member of~~	19358
~~the joint vocational school board.~~	19359

Each member of a joint vocational school district board may	19360
be paid such compensation as the board provides by resolution for	19361
attendance at an approved training program, provided that such	19362
compensation shall not exceed sixty dollars per day for attendance	19363
at a training program three hours or fewer in length and one	19364
hundred twenty-five dollars a day for attendance at a training	19365
program longer than three hours in length. However, no board	19366
member shall be compensated for the same training program under	19367
this section and section 3313.12 of the Revised Code.	19368

Sec. 3313.12. Each member of the educational service center	19369
governing board may be paid such compensation as the governing	19370
board provides by resolution, provided that any such compensation	19371
shall not exceed one hundred twenty-five dollars a day plus	19372
mileage both ways, at the rate per mile provided by resolution of	19373
the governing board, for attendance at any meeting of the board.	19374
Such compensation and the expenses of the educational service	19375
center superintendent, itemized and verified, shall be paid from	19376
the educational service center governing board fund upon vouchers	19377
signed by the president of the governing board.	19378

The board of education of any city, local, or exempted	19379
village school district may provide by resolution for compensation	19380
of its members, provided that such compensation shall not exceed	19381
one hundred twenty-five dollars per member for meetings attended.	19382
The board may provide by resolution for the deduction of amounts	19383
payable for benefits under ~~division (D) of~~ section 3313.202 of the	19384
Revised Code.	19385

Each member of a district board or educational service center	19386
governing board may be paid such compensation as the respective	19387
board provides by resolution for attendance at an approved	19388
training program, provided that such compensation shall not exceed	19389
sixty dollars a day for attendance at a training program three	19390
hours or fewer in length and one hundred twenty-five dollars a day	19391
for attendance at a training program longer than three hours in	19392
length.	19393

Sec. 3313.202. ~~(A) The board of education of a school~~	19394
~~district may procure and pay all or part of the cost of group term~~	19395
~~life, hospitalization, surgical care, or major medical insurance,~~	19396
~~disability, dental care, vision care, medical care, hearing aids,~~	19397
~~prescription drugs, sickness and accident insurance~~, group legal	19398
services~~, or a combination of any of the foregoing types of~~	19399
~~insurance or~~ coverage~~, whether~~ issued by an insurance company ~~or a~~	19400
~~health insuring corporation~~ duly licensed by this state, covering	19401
the teaching or nonteaching employees of the school district, or a	19402
combination of both, or the dependent children and spouses of such	19403
employees, provided if such coverage affects only the teaching	19404
employees of the district such coverage shall be with the consent	19405
of a majority of such employees of the school district, or if such	19406
coverage affects only the nonteaching employees of the district	19407
such coverage shall be with the consent of a majority of such	19408
employees. If such coverage is proposed to cover all the employees	19409
of a school district, both teaching and nonteaching employees,	19410
such coverage shall be with the consent of a majority of all the	19411
employees of a school district. A board of education shall	19412
continue to carry, on payroll records, all school employees whose	19413
sick leave accumulation has expired, or who are on a disability	19414
leave of absence or an approved leave of absence, for the purpose	19415
of group term life~~, hospitalization, surgical, major medical, or~~	19416
~~any other~~ insurance. A board of education may pay all or part of	19417
such coverage except when such employees are on an approved leave	19418
of absence, or on a disability leave of absence for that period	19419
exceeding two years. As used in this section, "teaching employees"	19420
means any person employed in the public schools of this state in a	19421
position for which the person is required to have a certificate or	19422
license pursuant to sections 3319.22 to 3319.31 of the Revised	19423
Code. "Nonteaching employees" as used in this section means any	19424
person employed in the public schools of the state in a position	19425
for which the person is not required to have a certificate or	19426
license issued pursuant to sections 3319.22 to 3319.31 of the	19427
Revised Code.	19428

~~(B) The board of education of a school district may enter~~	19429
~~into an agreement with a jointly administered trust fund which~~	19430
~~receives contributions pursuant to a collective bargaining~~	19431
~~agreement entered into between the board and any collective~~	19432
~~bargaining representative of the employees of the board for the~~	19433
~~purpose of providing for self-insurance of all risk in the~~	19434
~~provision of fringe benefits similar to those that may be paid~~	19435
~~pursuant to division (A) of this section, and may provide through~~	19436
~~the self-insurance method specific fringe benefits as authorized~~	19437
~~by the rules of the board of trustees of the jointly administered~~	19438
~~trust fund. Benefits provided under this section include, but are~~	19439
~~not limited to, hospitalization, surgical care, major medical~~	19440
~~care, disability, dental care, vision care, medical care, hearing~~	19441
~~aids, prescription drugs, group life insurance, sickness and~~	19442
~~accident insurance, group legal services, or a combination of the~~	19443
~~above benefits, for the employees and their dependents.~~	19444

~~(C) Notwithstanding any other provision of the Revised Code,~~	19445
~~the board of education and any collective bargaining~~	19446
~~representative of employees of the board may agree in a collective~~	19447
~~bargaining agreement that any mutually agreed fringe benefit,~~	19448
~~including, but not limited to, hospitalization, surgical care,~~	19449
~~major medical care, disability, dental care, vision care, medical~~	19450
~~care, hearing aids, prescription drugs, group life insurance~~,	19451
~~sickness and accident insurance,~~ group legal services, or a	19452
combination thereof, for employees and their dependents be	19453
provided through a mutually agreed upon contribution to a jointly	19454
administered trust fund. The amount, type, and structure of fringe	19455
benefits provided under this division are subject to the	19456
determination of the board of trustees of the jointly administered	19457
trust fund. Notwithstanding any other provision of the Revised	19458
Code, competitive bidding does not apply to the purchase of fringe	19459
benefits for employees under this division through a jointly	19460
administered trust fund.	19461

~~(D)~~ Any elected or appointed member of the board of education	19462
of a school district and the dependent children and spouse of the	19463
member may be covered, at the option of the member, ~~as an employee~~	19464
~~of the school district~~ under any ~~benefit~~medical plan ~~adopted~~	19465
designed by the school employees health care board under ~~this~~	19466
section 9.901 of the Revised Code. The member shall pay ~~to the~~	19467
~~school district the amount certified~~all premiums for that	19468
coverage ~~under division (D)(1) or (2) of this section~~. Payments	19469
for such coverage shall be made, in advance, in a manner	19470
prescribed by the school employees health care board. The member's	19471
exercise of an option to be covered under this section shall be in	19472
writing, announced at a regular public meeting of the board of	19473
education, and recorded as a public record in the minutes of the	19474
board.	19475

~~For the purposes of determining the cost to board members~~	19476
~~under this division:~~	19477

~~(1) In the case of a benefit plan purchased under division~~	19478
~~(A) of this section, the provider of the benefits shall certify to~~	19479
~~the board the provider's charge for coverage under each option~~	19480
~~available to employees under that benefit plan;~~	19481

~~(2) In the case of benefits provided under division (B) or~~	19482
~~(C) of this section, the board of trustees of the jointly~~	19483
~~administered trust fund shall certify to the board of education~~	19484
~~the trustees' charge for coverage under each option available to~~	19485
~~employees under each benefit plan.~~	19486

~~(E) The board may provide the benefits described in this~~	19487
~~section through an individual self-insurance program or a joint~~	19488
~~self-insurance program as provided in section 9.833 of the Revised~~	19489
~~Code.~~	19490

Sec. 3313.207. As used in sections 3313.207 to 3313.209 of	19491
the Revised Code:	19492

(A) "Children" means children who are enrolled in	19493
kindergarten or who are of compulsory school age.	19494

(B) "Latchkey program" means a program under which children	19495
are provided with child care during a fiscal year at any time	19496
outside of regular school hours. A program that contains any	19497
religious content, that uses any religious materials, or that in	19498
any way promotes or furthers any religious beliefs is not a	19499
latchkey program.	19500

(C) ~~"School district" means a city, local, or exempted~~	19501
~~village school district.~~	19502

~~(D)~~ "Program provider" means any agency, organization, or	19503
individual, licensed under Chapter 5104. of the Revised Code or	19504
exempted from the licensing requirements of that chapter.	19505

~~(E)~~(D) "Ancillary services" means any of the following:

19506

(1) Space in a building that is owned or controlled by a	19507
school district and that is used for other school district	19508
purposes in addition to latchkey programs;	19509

(2) Utilities furnished in conjunction with such space;

19510

(3) Transportation to a latchkey program on regular school	19511
buses.	19512

Sec. 3313.208. A board of education of a school district or	19513
the governing board of an educational service center may assess	19514
the need for latchkey programs in its district or territory and	19515
determine the best and most efficient manner of providing latchkey	19516
programs to children residing in the district or territory. Prior	19517
to operating any latchkey program, making any payments, or	19518
providing any employees or ancillary services under sections	19519
3313.207 to 3313.209 of the Revised Code, a board ~~of education~~	19520
shall provide notification to parents and other interested parties	19521
that the board is considering ~~district~~ participation in the	19522
provision of latchkey programs and shall adopt a policy ensuring	19523
public input on the board's decision whether or not to	19524
participate, as well as any decisions concerning the district's or	19525
service center's role in the implementation and funding of any	19526
latchkey programs if the board does decide to participate. The	19527
policy shall also include provision for regular, periodic public	19528
input in the evaluation of any school district or service center	19529
participation in the provision of latchkey programs.	19530

A board ~~of education~~ may ~~operate~~provide a latchkey program,	19531
subject to the following limitations:	19532

(A) The program shall be maintained and operated and pupils	19533
shall be admitted pursuant to rules adopted by the board;	19534

(B) Fees or tuition, in amounts determined by the board, may	19535
be charged for participation in the program and shall be deposited	19536
in a special fund;	19537

~~(C) The board shall not expend any money from the general~~	19538
~~fund of the district for the program, except as follows:~~	19539

~~(1) The board may expend any money in the district's general~~	19540
~~fund resulting from an appropriation of the general assembly that~~	19541
~~specifically permits the expenditure of such appropriated funds~~	19542
~~for such a program.~~	19543

~~(2) The board may provide ancillary services for the program~~	19544
~~notwithstanding the fact that some portions of such services may~~	19545
~~be supported by money from the district's general fund~~.	19546

Sec. 3313.209. (A) A board of education of a school district	19547
that does not ~~operate~~provide a latchkey program may provide	19548
ancillary services to and may make payments to any program	19549
provider that operates a latchkey program that enrolls one or more	19550
children who are residents of the school district.	19551

(B) A board of education of a school district that does not	19552
~~operate~~provide a latchkey program and that does not make payments	19553
under division (A) of this section may furnish to any person or	19554
entity that operates a latchkey program ancillary services or	19555
employees for use solely in conjunction with the program's	19556
operation.	19557

(C) ~~No board of education shall expend any money from the~~	19558
~~general fund of the district pursuant to division (A) or (B) of~~	19559
~~this section, except as follows:~~	19560

~~(1) The board may expend any money in the district's general~~	19561
~~fund resulting from an approrpriation of the general assembly that~~	19562
~~specifically permits the expenditure of such appropriated funds~~	19563
~~for latchkey programs.~~	19564

~~(2) The board may provide ancillary services pursuant to~~	19565
~~division (A) or (B) of this section notwithstanding the fact that~~	19566
~~some portion of such services may be supported by money from the~~	19567
~~district's general fund.~~	19568

~~(D)~~ A board of education shall enter into a contract with a	19569
program provider as a condition for making any payments or	19570
furnishing any ancillary services or employees authorized by	19571
division (A) or (B) of this section.	19572

Sec. 3313.33. (A) Conveyances made by a board of education	19573
shall be executed by the president and treasurer thereof.	19574

(B) Except as provided in division (C) of this section, no	19575
member of the board shall have, directly or indirectly, any	19576
pecuniary interest in any contract of the board or be employed in	19577
any manner for compensation by the board of which the person is a	19578
member. No contract shall be binding upon any board unless it is	19579
made or authorized at a regular or special meeting of such board.	19580

(C) A member of the board may have a pecuniary interest in a	19581
contract of the board if all of the following apply:	19582

(1) The member's pecuniary interest in that contract is that	19583
the member is employed by a political subdivision,	19584
instrumentality, or agency of the state that is contracting with	19585
the board;	19586

(2) The member does not participate in any discussion or	19587
debate regarding the contract or vote on the contract;	19588

(3) The member files with the school district treasurer an	19589
affidavit stating the member's exact employment status with the	19590
political subdivision, instrumentality, or agency contracting with	19591
the board.	19592

(D) This section does not apply where a member of the board,	19593
being a shareholder of a corporation but not being an officer or	19594
director thereof, owns not in excess of five per cent of the stock	19595
of such corporation. If a stockholder desires to avail self of the	19596
exception, before entering upon such contract such person shall	19597
first file with the treasurer an affidavit stating the	19598
stockholder's exact status and connection with said corporation.	19599

This section does not apply where a member of the board	19600
elects to be covered by a ~~benefit~~medical plan ~~of the school~~	19601
~~district~~ under ~~division (D) of~~ section 3313.202 of the Revised	19602
Code.	19603

Sec. 3313.489. (A) The superintendent of public instruction	19604
shall examine each ~~spending plan and appropriations measure~~	19605
five-year projection of revenues and expenditures submitted under	19606
section 5705.391 of the Revised Code and shall determine whether	19607
the information contained therein, together with any other	19608
relevant information, indicates that the district may be	19609
financially unable to operate its instructional program on all	19610
days set forth in its adopted school calendars and pay all	19611
obligated expenses during the current fiscal year. If a board of	19612
education has not adopted a school calendar for the school year	19613
beginning on the first day of July of the current fiscal year at	19614
the time an examination is required under this division, the	19615
superintendent shall examine the ~~spending plan and appropriations~~	19616
~~measure~~five-year projection and determine whether the district	19617
may be financially unable to pay all obligated expenses and	19618
operate its instructional program for the number of days on which	19619
instruction was held in the preceding fiscal year.	19620

(B) If the superintendent of public instruction determines	19621
pursuant to division (A) of this section that a school district	19622
may be financially unable to operate its instructional program on	19623
all days required by such division and pay all obligated expenses	19624
during the current fiscal year, the superintendent shall provide	19625
written notification of such determination to the president of the	19626
district's board of education and the auditor of state.	19627

(C) This section does not apply to a school district declared	19628
to be under a fiscal emergency pursuant to division (B) of section	19629
3316.03 of the Revised Code.	19630

Sec. 3313.975. As used in this section and in sections	19631
3313.975 to 3313.979 of the Revised Code, "the pilot project	19632
school district" or "the district" means any school district	19633
included in the pilot project scholarship program pursuant to this	19634
section.	19635

(A) The superintendent of public instruction shall establish	19636
a pilot project scholarship program and shall include in such	19637
program any school districts that are or have ever been under	19638
federal court order requiring supervision and operational	19639
management of the district by the state superintendent. The	19640
program shall provide for a number of students residing in any	19641
such district to receive scholarships to attend alternative	19642
schools, and for an equal number of students to receive tutorial	19643
assistance grants while attending public school in any such	19644
district.	19645

(B) The state superintendent shall establish an application	19646
process and deadline for accepting applications from students	19647
residing in the district to participate in the scholarship	19648
program. In the initial year of the program students may only use	19649
a scholarship to attend school in grades kindergarten through	19650
third.	19651

The state superintendent shall award as many scholarships and	19652
tutorial assistance grants as can be funded given the amount	19653
appropriated for the program. In no case, however, shall more than	19654
fifty per cent of all scholarships awarded be used by students who	19655
were enrolled in a nonpublic school during the school year of	19656
application for a scholarship.	19657

(C)(1) The pilot project program shall continue in effect	19658
each year that the general assembly has appropriated sufficient	19659
money to fund scholarships and tutorial assistance grants. In each	19660
year the program continues, no new students may receive	19661
scholarships unless they are enrolled in ~~grade~~grades	19662
kindergarten~~, one, two, or three~~to eight. However, any student	19663
who has received a scholarship the preceding year may continue to	19664
receive one until the student has completed grade ~~eight~~ten.	19665
Beginning in the ~~2003-2004~~2005-2006 academic year, a student who	19666
previously has received a scholarship may receive a scholarship in	19667
grade ~~nine~~eleven. Beginning in the ~~2004-2005~~2006-2007 academic	19668
year, a student who previously has received a scholarship may	19669
receive a scholarship in grade ~~ten~~twelve.	19670

(2) If the general assembly discontinues the scholarship	19671
program, all students who are attending an alternative school	19672
under the pilot project shall be entitled to continued admittance	19673
to that specific school through all grades ~~up to the tenth grade~~	19674
that are provided in such school, under the same conditions as	19675
when they were participating in the pilot project. The state	19676
superintendent shall continue to make scholarship payments in	19677
accordance with division (A) or (B) of section 3313.979 of the	19678
Revised Code for students who remain enrolled in an alternative	19679
school under this provision in any year that funds have been	19680
appropriated for this purpose.	19681

If funds are not appropriated, the tuition charged to the	19682
parents of a student who remains enrolled in an alternative school	19683
under this provision shall not be increased beyond the amount	19684
equal to the amount of the scholarship plus any additional amount	19685
charged that student's parent in the most recent year of	19686
attendance as a participant in the pilot project, except that	19687
tuition for all the students enrolled in such school may be	19688
increased by the same percentage.	19689

(D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of	19690
the Revised Code, if the pilot project school district experiences	19691
a decrease in enrollment due to participation in a state-sponsored	19692
scholarship program pursuant to sections 3313.974 to 3313.979 of	19693
the Revised Code, the district board of education may enter into	19694
an agreement with any teacher it employs to provide to that	19695
teacher severance pay or early retirement incentives, or both, if	19696
the teacher agrees to terminate the employment contract with the	19697
district board, provided any collective bargaining agreement in	19698
force pursuant to Chapter 4117. of the Revised Code does not	19699
prohibit such an agreement for termination of a teacher's	19700
employment contract.	19701

Sec. 3313.976. (A) No private school may receive scholarship	19702
payments from parents pursuant to section 3313.979 of the Revised	19703
Code until the chief administrator of the private school registers	19704
the school with the superintendent of public instruction. The	19705
state superintendent shall register any school that meets the	19706
following requirements:	19707

(1) The school is located within the boundaries of the pilot	19708
project school district;	19709

(2) The school indicates in writing its commitment to follow	19710
all requirements for a state-sponsored scholarship program	19711
specified under sections 3313.974 to 3313.979 of the Revised Code,	19712
including, but not limited to, the requirements for admitting	19713
students pursuant to section 3313.977 of the Revised Code;	19714

(3) The school meets all state minimum standards for	19715
chartered nonpublic schools in effect on July 1, 1992, except that	19716
the state superintendent at the superintendent's discretion may	19717
register nonchartered nonpublic schools meeting the other	19718
requirements of this division;	19719

(4) The school does not discriminate on the basis of race,	19720
religion, or ethnic background;	19721

(5) The school enrolls a minimum of ten students per class or	19722
a sum of at least twenty-five students in all the classes offered;	19723

(6) The school does not advocate or foster unlawful behavior	19724
or teach hatred of any person or group on the basis of race,	19725
ethnicity, national origin, or religion;	19726

(7) The school does not provide false or misleading	19727
information about the school to parents, students, or the general	19728
public;	19729

(8) For students in grades kindergarten through eight, the	19730
school agrees not to charge any tuition to low-income families	19731
receiving ninety per cent of the scholarship amount through the	19732
scholarship program, pursuant to division (A) of section 3313.978	19733
of the Revised Code, in excess of ten per cent of the scholarship	19734
amount established pursuant to division (C)(1) of section 3313.978	19735
of the Revised Code, excluding any increase described in division	19736
(C)(2) of that section. The school shall permit any such tuition,	19737
at the discretion of the parent, to be satisfied by the low-income	19738
family's provision of in-kind contributions or services.	19739

(9) For students in grades kindergarten through eight, the	19740
school agrees not to charge any tuition to low-income families	19741
receiving a seventy-five per cent scholarship amount through the	19742
scholarship program, pursuant to division (A) of section 3313.978	19743
of the Revised Code, in excess of the difference between the	19744
actual tuition charge of the school and seventy-five per cent of	19745
the scholarship amount established pursuant to division (C)(1) of	19746
section 3313.978 of the Revised Code, excluding any increase	19747
described in division (C)(2) of that section. The school shall	19748
permit such tuition, at the discretion of the parent, to be	19749
satisfied by the low-income family's provision of in-kind	19750
contributions or services.	19751

(10) The school agrees not to charge any tuition to families	19752
of students in grades nine ~~and ten~~through twelve receiving a	19753
scholarship in excess of the actual tuition charge of the school	19754
less seventy-five or ninety per cent of the scholarship amount	19755
established pursuant to division (C)(1) of section 3313.978 of the	19756
Revised Code, as applicable, excluding any increase described in	19757
division (C)(2) of that section.	19758

(B) The state superintendent shall revoke the registration of	19759
any school if, after a hearing, the superintendent determines that	19760
the school is in violation of any of the provisions of division	19761
(A) of this section.	19762

(C) Any public school located in a school district adjacent	19763
to the pilot project district may receive scholarship payments on	19764
behalf of parents pursuant to section 3313.979 of the Revised Code	19765
if the superintendent of the district in which such public school	19766
is located notifies the state superintendent prior to the first	19767
day of March that the district intends to admit students from the	19768
pilot project district for the ensuing school year pursuant to	19769
section 3327.06 of the Revised Code.	19770

(D) Any parent wishing to purchase tutorial assistance from	19771
any person or governmental entity pursuant to the pilot project	19772
program under sections 3313.974 to 3313.979 of the Revised Code	19773
shall apply to the state superintendent. The state superintendent	19774
shall approve providers who appear to possess the capability of	19775
furnishing the instructional services they are offering to	19776
provide.	19777

Sec. 3313.977. (A)(1) Each registered private school shall	19778
admit students to kindergarten and first, second, and third grades	19779
in accordance with the following priorities:	19780

(a) Students who were enrolled in the school during the	19781
preceding year;	19782

(b) Siblings of students enrolled in the school during the	19783
preceding year, at the discretion of the school;	19784

(c) Children from low-income families attending school or	19785
residing in the school district in which the school is located	19786
until the number of such students in each grade equals the number	19787
that constituted twenty per cent of the total number of students	19788
enrolled in the school during the preceding year in such grade.	19789
Admission of such twenty per cent shall be by lot from among all	19790
low-income family applicants who apply prior to the fifteenth day	19791
of February prior to admission.	19792

(d) All other applicants residing anywhere, provided that all	19793
remaining available spaces shall be filled from among such	19794
applicants by lot.	19795

Children from low-income families not selected by lot under	19796
division (A)(1)(c) of this section shall be included in the	19797
lottery of all remaining applicants pursuant to division (A)(1)(d)	19798
of this section.	19799

(2) Each registered private school shall first admit to	19800
grades four through ~~ten~~twelve students who were enrolled in the	19801
school during the preceding year. Any remaining spaces for	19802
students in these grades may be filled as determined by the	19803
school.	19804

(B) Notwithstanding division (A) of this section, except	19805
where otherwise prohibited by federal law, a registered private	19806
school may elect to admit students of only one gender and may deny	19807
admission to any separately educated handicapped student.	19808

(C) If a scholarship student who has been accepted in	19809
accordance with this section fails to enroll in the school for any	19810
reason or withdraws from the school during the school year for any	19811
reason, the school may elect to replace such student with another	19812
scholarship student only by first offering the admission to any	19813
low-income scholarship students who filed applications by the	19814
preceding fifteenth day of February and who were not accepted at	19815
that time due to space limitations.	19816

Sec. 3313.978. (A) Annually by the first day of November,	19817
the superintendent of public instruction shall notify the pilot	19818
project school district of the number of initial scholarships that	19819
the state superintendent will be awarding in each of grades	19820
kindergarten through third.	19821

The state superintendent shall provide information about the	19822
scholarship program to all students residing in the district,	19823
shall accept applications from any such students until such date	19824
as shall be established by the state superintendent as a deadline	19825
for applications, and shall establish criteria for the selection	19826
of students to receive scholarships from among all those applying	19827
prior to the deadline, which criteria shall give preference to	19828
students from low-income families. For each student selected, the	19829
state superintendent shall also determine whether the student	19830
qualifies for seventy-five or ninety per cent of the scholarship	19831
amount. Students whose family income is at or above two hundred	19832
per cent of the maximum income level established by the state	19833
superintendent for low-income families shall qualify for	19834
seventy-five per cent of the scholarship amount and students whose	19835
family income is below two hundred per cent of that maximum income	19836
level shall qualify for ninety per cent of the scholarship amount.	19837
The state superintendent shall notify students of their selection	19838
prior to the fifteenth day of January and whether they qualify for	19839
seventy-five or ninety per cent of the scholarship amount.	19840

(1) A student receiving a pilot project scholarship may	19841
utilize it at an alternative public school by notifying the	19842
district superintendent, at any time before the beginning of the	19843
school year, of the name of the public school in an adjacent	19844
school district to which the student has been accepted pursuant to	19845
section 3327.06 of the Revised Code.	19846

(2) A student may decide to utilize a pilot project	19847
scholarship at a registered private school in the district if all	19848
of the following conditions are met:	19849

(a) By the fifteenth day of February of the preceding school	19850
year, or at any time prior to the start of the school year, the	19851
parent makes an application on behalf of the student to a	19852
registered private school.	19853

(b) The registered private school notifies the parent and the	19854
state superintendent as follows that the student has been	19855
admitted:	19856

(i) By the fifteenth day of March of the preceding school	19857
year if the student filed an application by the fifteenth day of	19858
February and was admitted by the school pursuant to division (A)	19859
of section 3313.977 of the Revised Code;	19860

(ii) Within one week of the decision to admit the student if	19861
the student is admitted pursuant to division (C) of section	19862
3313.977 of the Revised Code.	19863

(c) The student actually enrolls in the registered private	19864
school to which the student was first admitted or in another	19865
registered private school in the district or in a public school in	19866
an adjacent school district.	19867

(B) The state superintendent shall also award in any school	19868
year tutorial assistance grants to a number of students equal to	19869
the number of students who receive scholarships under division (A)	19870
of this section. Tutorial assistance grants shall be awarded	19871
solely to students who are enrolled in the public schools of the	19872
district in a grade level covered by the pilot project. Tutorial	19873
assistance grants may be used solely to obtain tutorial assistance	19874
from a provider approved pursuant to division (D) of section	19875
3313.976 of the Revised Code.	19876

All students wishing to obtain tutorial assistance grants	19877
shall make application to the state superintendent by the first	19878
day of the school year in which the assistance will be used. The	19879
state superintendent shall award assistance grants in accordance	19880
with criteria the superintendent shall establish. For each student	19881
awarded a grant, the state superintendent shall also determine	19882
whether the student qualifies for seventy-five or ninety per cent	19883
of the grant amount and so notify the student. Students whose	19884
family income is at or above two hundred per cent of the maximum	19885
income level established by the state superintendent for	19886
low-income families shall qualify for seventy-five per cent of the	19887
grant amount and students whose family income is below two hundred	19888
per cent of that maximum income level shall qualify for ninety per	19889
cent of the grant amount.	19890

(C)(1) In the case of basic scholarships for students in	19891
grades kindergarten through eight, the scholarship amount shall	19892
not exceed the lesser of the tuition charges of the alternative	19893
school the scholarship recipient attends or an amount established	19894
by the state superintendent not in excess of three thousand	19895
dollars.	19896

In the case of basic scholarships for students in grades nine	19897
~~and ten~~through twelve, the scholarship amount shall not exceed	19898
the lesser of the tuition charges of the alternative school the	19899
scholarship recipient attends or an amount established by the	19900
state superintendent not in excess of two thousand seven hundred	19901
dollars.	19902

(2) The state superintendent shall provide for an increase in	19903
the basic scholarship amount in the case of any student who is a	19904
mainstreamed handicapped student and shall further increase such	19905
amount in the case of any separately educated handicapped child.	19906
Such increases shall take into account the instruction, related	19907
services, and transportation costs of educating such students.	19908

(3) In the case of tutorial assistance grants, the grant	19909
amount shall not exceed the lesser of the provider's actual	19910
charges for such assistance or a percentage established by the	19911
state superintendent, not to exceed twenty per cent, of the amount	19912
of the pilot project school district's average basic scholarship	19913
amount.	19914

(4) No scholarship or tutorial assistance grant shall be	19915
awarded unless the state superintendent determines that	19916
twenty-five or ten per cent, as applicable, of the amount	19917
specified for such scholarship or grant pursuant to division	19918
(C)(1), (2), or (3) of this section will be furnished by a	19919
political subdivision, a private nonprofit or for profit entity,	19920
or another person. Only seventy-five or ninety per cent of such	19921
amounts, as applicable, shall be paid from state funds pursuant to	19922
section 3313.979 of the Revised Code.	19923

(D)(1) Annually by the first day of November, the state	19924
superintendent shall estimate the maximum per-pupil scholarship	19925
amounts for the ensuing school year. The state superintendent	19926
shall make this estimate available to the general public at the	19927
offices of the district board of education together with the forms	19928
required by division (D)(2) of this section.	19929

(2) Annually by the fifteenth day of January, the chief	19930
administrator of each registered private school located in the	19931
pilot project district and the principal of each public school in	19932
such district shall complete a parental information form and	19933
forward it to the president of the board of education. The	19934
parental information form shall be prescribed by the department of	19935
education and shall provide information about the grade levels	19936
offered, the numbers of students, tuition amounts, achievement	19937
test results, and any sectarian or other organizational	19938
affiliations.	19939

Sec. 3313.98. Notwithstanding division (D) of section	19940
3311.19 and division (D) of section 3311.52 of the Revised Code,	19941
the provisions of this section and sections 3313.981 to 3313.983	19942
of the Revised Code that apply to a city school district do not	19943
apply to a joint vocational or cooperative education school	19944
district unless expressly specified.	19945

(A) As used in this section and sections 3313.981 to 3313.983	19946
of the Revised Code:	19947

(1) "Parent" means either of the natural or adoptive parents	19948
of a student, except under the following conditions:	19949

(a) When the marriage of the natural or adoptive parents of	19950
the student has been terminated by a divorce, dissolution of	19951
marriage, or annulment or the natural or adoptive parents of the	19952
student are living separate and apart under a legal separation	19953
decree and the court has issued an order allocating the parental	19954
rights and responsibilities with respect to the student, "parent"	19955
means the residential parent as designated by the court except	19956
that "parent" means either parent when the court issues a shared	19957
parenting decree.	19958

(b) When a court has granted temporary or permanent custody	19959
of the student to an individual or agency other than either of the	19960
natural or adoptive parents of the student, "parent" means the	19961
legal custodian of the child.	19962

(c) When a court has appointed a guardian for the student,	19963
"parent" means the guardian of the student.	19964

(2) "Native student" means a student entitled under section	19965
3313.64 or 3313.65 of the Revised Code to attend school in a	19966
district adopting a resolution under this section.	19967

(3) "Adjacent district" means a city, exempted village, or	19968
local school district having territory that abuts the territory of	19969
a district adopting a resolution under this section.	19970

(4) "Adjacent district student" means a student entitled	19971
under section 3313.64 or 3313.65 of the Revised Code to attend	19972
school in an adjacent district.	19973

(5) "Adjacent district joint vocational student" means an	19974
adjacent district student who enrolls in a city, exempted village,	19975
or local school district pursuant to this section and who also	19976
enrolls in a joint vocational school district that does not	19977
contain the territory of the district for which that student is a	19978
native student and does contain the territory of the city,	19979
exempted village, or local district in which the student enrolls.	19980

(6) "Formula amount" has the same meaning as in section	19981
3317.02 of the Revised Code.	19982

(7) "Adjusted formula amount" means the following:

19983

(a) In fiscal year 2006, the "adjusted formula amount" shall	19984
be the formula amount multiplied by the cost-of-doing-business	19985
factor for a district defined in section 3317.02 of the Revised	19986
Code;	19987

(b) In fiscal year 2007 and thereafter, the "adjusted formula	19988
amount" shall be the greater of the following:	19989

(i) The fiscal year 2006 formula amount multiplied by the	19990
fiscal year 2006 cost-of-doing-business factor for a district	19991
defined in section 3317.02 of the Revised Code;	19992

(ii) The sum of the current formula amount plus the per pupil	19993
amount of the base funding supplements specified in divisions	19994
(B)(1) to (4) of section 3317.012 of the Revised Code.	19995

(8) "Poverty line" means the poverty line established by the	19996
director of the United States office of management and budget as	19997
revised by the director of the office of community services in	19998
accordance with section 673(2) of the "Community Services Block	19999
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.	20000

(9) "IEP" means an individualized education program defined	20001
by division (E) of section 3323.01 of the Revised Code.	20002

(10) "Other district" means a city, exempted village, or	20003
local school district having territory outside of the territory of	20004
a district adopting a resolution under this section.	20005

(11) "Other district student" means a student entitled under	20006
section 3313.64 or 3313.65 of the Revised Code to attend school in	20007
an other district.	20008

(12) "Other district joint vocational student" means a	20009
student who is enrolled in any city, exempted village, or local	20010
school district and who also enrolls in a joint vocational school	20011
district that does not contain the territory of the district for	20012
which that student is a native student in accordance with a policy	20013
adopted under section 3313.983 of the Revised Code.	20014

(B)(1) The board of education of each city, local, and	20015
exempted village school district shall adopt a resolution	20016
establishing for the school district one of the following	20017
policies:	20018

(a) A policy that entirely prohibits the enrollment of	20019
students from adjacent districts or other districts, other than	20020
students for whom tuition is paid in accordance with section	20021
3317.08 of the Revised Code;	20022

(b) A policy that permits enrollment of students from all	20023
adjacent districts in accordance with policy statements contained	20024
in the resolution;	20025

(c) A policy that permits enrollment of students from all	20026
other districts in accordance with policy statements contained in	20027
the resolution.	20028

(2) A policy permitting enrollment of students from adjacent	20029
or from other districts, as applicable, shall provide for all of	20030
the following:	20031

(a) Application procedures, including deadlines for	20032
application and for notification of students and the	20033
superintendent of the applicable district whenever an adjacent or	20034
other district student's application is approved.	20035

(b) Procedures for admitting adjacent or other district	20036
applicants free of any tuition obligation to the district's	20037
schools, including, but not limited to:	20038

(i) The establishment of district capacity limits by grade	20039
level, school building, and education program;	20040

(ii) A requirement that all native students wishing to be	20041
enrolled in the district will be enrolled and that any adjacent or	20042
other district students previously enrolled in the district shall	20043
receive preference over first-time applicants;	20044

(iii) Procedures to ensure that an appropriate racial balance	20045
is maintained in the district schools.	20046

(C) Except as provided in section 3313.982 of the Revised	20047
Code, the procedures for admitting adjacent or other district	20048
students, as applicable, shall not include:	20049

(1) Any requirement of academic ability, or any level of	20050
athletic, artistic, or other extracurricular skills;	20051

(2) Limitations on admitting applicants because of	20052
handicapping conditions, except that a board may refuse to admit a	20053
student receiving services under Chapter 3323. of the Revised	20054
Code, if the services described in the student's IEP are not	20055
available in the district's schools;	20056

(3) A requirement that the student be proficient in the	20057
English language;	20058

(4) Rejection of any applicant because the student has been	20059
subject to disciplinary proceedings, except that if an applicant	20060
has been suspended or expelled by the student's district for ten	20061
consecutive days or more in the term for which admission is sought	20062
or in the term immediately preceding the term for which admission	20063
is sought, the procedures may include a provision denying	20064
admission of such applicant.	20065

(D)(1) Each school board permitting only enrollment of	20066
adjacent district students shall provide information about the	20067
policy adopted under this section, including the application	20068
procedures and deadlines, to the superintendent and the board of	20069
education of each adjacent district and, upon request, to the	20070
parent of any adjacent district student.	20071

(2) Each school board permitting enrollment of other district	20072
students shall provide information about the policy adopted under	20073
this section, including the application procedures and deadlines,	20074
upon request, to the board of education of any other school	20075
district or to the parent of any student anywhere in the state.	20076

(E) Any school board shall accept all credits toward	20077
graduation earned in adjacent or other district schools by an	20078
adjacent or other district student or a native student.	20079

(F)(1) No board of education may adopt a policy discouraging	20080
or prohibiting its native students from applying to enroll in the	20081
schools of an adjacent or any other district that has adopted a	20082
policy permitting such enrollment, except that:	20083

(a) A district may object to the enrollment of a native	20084
student in an adjacent or other district in order to maintain an	20085
appropriate racial balance.	20086

(b) The board of education of a district receiving funds	20087
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	20088
may adopt a resolution objecting to the enrollment of its native	20089
students in adjacent or other districts if at least ten per cent	20090
of its students are included in the determination of the United	20091
States secretary of education made under section 20 U.S.C.A.	20092
238(a).	20093

(2) If a board objects to enrollment of native students under	20094
this division, any adjacent or other district shall refuse to	20095
enroll such native students unless tuition is paid for the	20096
students in accordance with section 3317.08 of the Revised Code.	20097
An adjacent or other district enrolling such students may not	20098
receive funding for those students in accordance with section	20099
3313.981 of the Revised Code.	20100

(G) The state board of education shall monitor school	20101
districts to ensure compliance with this section and the	20102
districts' policies. The board may adopt rules requiring uniform	20103
application procedures, deadlines for application, notification	20104
procedures, and record-keeping requirements for all school boards	20105
that adopt policies permitting the enrollment of adjacent or other	20106
district students, as applicable. If the state board adopts such	20107
rules, no school board shall adopt a policy that conflicts with	20108
those rules.	20109

(H) A resolution adopted by a board of education under this	20110
section that entirely prohibits the enrollment of students from	20111
adjacent and from other school districts does not abrogate any	20112
agreement entered into under section 3313.841 or 3313.92 of the	20113
Revised Code or any contract entered into under section 3313.90 of	20114
the Revised Code between the board of education adopting the	20115
resolution and the board of education of any adjacent or other	20116
district or prohibit these boards of education from entering into	20117
any such agreement or contract.	20118

(I) Nothing in this section shall be construed to permit or	20119
require the board of education of a city, exempted village, or	20120
local school district to exclude any native student of the	20121
district from enrolling in the district.	20122

Sec. 3314.013. (A)(1) Until July 1, 2000, no more than	20123
seventy-five contracts between start-up schools and the state	20124
board of education may be in effect outside the pilot project area	20125
at any time under this chapter.	20126

(2) After July 1, 2000, and until July 1, 2001, no more than	20127
one hundred twenty-five contracts between start-up schools and the	20128
state board of education may be in effect outside the pilot	20129
project area at any time under this chapter.	20130

(3) This division applies only to contracts between start-up	20131
schools and the state board of education and contracts between	20132
start-up schools and entities described in divisions (C)(1)(b) to	20133
(f) of section 3314.02 of the Revised Code.	20134

Until July 1, 2005, not more than two hundred twenty-five	20135
contracts to which this division applies may be in effect at any	20136
time under this chapter.	20137

(4) This division applies only to contracts between start-up	20138
schools and entities described in divisions (C)(1)(b) to (d) and	20139
(f) of section 3314.02 of the Revised Code. However this division	20140
does not apply to any start-up school the mission of which, as	20141
specified under division (A)(2) of section 3314.03 of the Revised	20142
Code, is solely to serve dropouts.	20143

After July 1, 2005, and until July 1, 2007, not more than two	20144
hundred fifty contracts to which this division applies may be in	20145
effect at any time under this chapter.	20146

(5) This division applies only to contracts between a	20147
start-up school and the board of education of the school district	20148
in which the school is or is proposed to be located. However this	20149
division does not apply to any start-up school the mission of	20150
which, as specified under division (A)(2) of section 3314.03 of	20151
the Revised Code, is solely to serve dropouts.	20152

Until July 1, 2007, the number of contracts to which this	20153
division applies in effect at any time under this chapter shall be	20154
not more than twenty-five plus the number of such contracts in	20155
effect on the effective date of this amendment.	20156

(6) No entity described in division (C)(1) of section 3314.02	20157
of the Revised Code shall enter into a contract with an internet-	20158
or computer-based community school for one year after the	20159
effective date of this amendment, except as follows:	20160

(a) Any entity described in division (C)(1) of that section	20161
may renew a contract that the entity entered into with an	20162
internet- or computer-based community school prior to the	20163
effective date of this amendment.	20164

(b) Any entity described in divisions (C)(1)(a) to (e) of	20165
that section may assume sponsorship of an existing internet- or	20166
computer-based community school that was formerly sponsored by	20167
another entity and may enter into a contract with that community	20168
school in accordance with section 3314.03 of the Revised Code.	20169

(c) Any entity described in division (C)(1)(f) of that	20170
section may assume sponsorship of an existing internet- or	20171
computer-based community school in accordance with division (A)(7)	20172
of this section and may enter into a contract with that community	20173
school in accordance with section 3314.03 of the Revised Code.	20174

(7) Until July 1, 2005, any entity described in division	20175
(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only	20176
a community school that formerly was sponsored by the state board	20177
of education under division (C)(1)(d) of that section, as it	20178
existed prior to April 8, 2003. After July 1, 2005, any such	20179
entity may assume sponsorship of any existing community school,	20180
and may sponsor any new community school that is not an internet-	20181
or computer-based community school. Beginning one year after the	20182
effective date of this amendment, any such entity may sponsor a	20183
new internet- or computer-based community school.	20184

(8) Nothing in division (A) of this section prohibits a	20185
community school from increasing the number of grade levels it	20186
offers.	20187

(B) Within twenty-four hours of a request by any person, the	20188
superintendent of public instruction shall indicate the number of	20189
preliminary agreements for start-up schools currently outstanding	20190
and the number of contracts for these schools in effect at the	20191
time of the request.	20192

(C) It is the intent of the general assembly to consider	20193
whether to provide limitations on the number of start-up community	20194
schools after July 1, 2001, following its examination of the	20195
results of the studies by the legislative office of education	20196
oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of	20197
the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B.	20198
No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B.	20199
No. 770 of the 122nd general assembly.	20200

Sec. 3314.015. (A) The department of education shall be	20201
responsible for the oversight of sponsors of the community schools	20202
established under this chapter and shall provide technical	20203
assistance to schools and sponsors in their compliance with	20204
applicable laws and the terms of the contracts entered into under	20205
section 3314.03 of the Revised Code and in the development and	20206
start-up activities of those schools. In carrying out its duties	20207
under this section, the department shall do all of the following:	20208

(1) In providing technical assistance to proposing parties,	20209
governing authorities, and sponsors, conduct training sessions and	20210
distribute informational materials;	20211

(2) Approve entities to be sponsors of community schools and	20212
monitor the effectiveness of those sponsors in their oversight of	20213
the schools with which they have contracted;	20214

(3) By December thirty-first of each year, issue a report to	20215
the governor, the speaker of the house of representatives, the	20216
president of the senate, and the chairpersons of the house and	20217
senate committees principally responsible for education matters	20218
regarding the effectiveness of academic programs, operations, and	20219
legal compliance and of the financial condition of all community	20220
schools established under this chapter;	20221

(4) From time to time, make legislative recommendations to	20222
the general assembly designed to enhance the operation and	20223
performance of community schools.	20224

(B)(1) No entity listed in division (C)(1) of section 3314.02	20225
of the Revised Code shall enter into a preliminary agreement under	20226
division (C)(2) of section 3314.02 of the Revised Code until it	20227
has received approval from the department of education to sponsor	20228
community schools under this chapter and has entered into a	20229
written agreement with the department regarding the manner in	20230
which the entity will conduct such sponsorship. The department	20231
shall adopt in accordance with Chapter 119. of the Revised Code	20232
rules containing criteria, procedures, and deadlines for	20233
processing applications for such approval, for oversight of	20234
sponsors, for revocation of the approval of sponsors, and for	20235
entering into written agreements with sponsors. The rules shall	20236
require an entity to submit evidence of the entity's ability and	20237
willingness to comply with the provisions of division (D) of	20238
section 3314.03 of the Revised Code. The rules also shall require	20239
entities approved as sponsors on and after the effective date of	20240
this amendment to demonstrate a record of financial responsibility	20241
and successful implementation of educational programs. If an	20242
entity seeking approval on or after the effective date of this	20243
amendment to sponsor community schools in this state sponsors or	20244
operates schools in another state, at least one of the schools	20245
sponsored or operated by the entity must be comparable to or	20246
better than the performance of Ohio schools in a state of academic	20247
watch under section 3302.03 of the Revised Code, as determined by	20248
the department.	20249

An entity described in division (C)(1)(a), (b), (c), (d), or	20250
(f) of section 3314.02 of the Revised Code that is approved to	20251
sponsor community schools may enter into ~~any number of~~ preliminary	20252
agreements and sponsor ~~any number of~~not more than thirty-five	20253
schools, provided each school and the contract for sponsorship	20254
meets the requirements of this chapter, except that the department	20255
on a case-by-case basis may permit an entity to sponsor up to	20256
fifty schools. However, any school the mission of which, as	20257
specified under division (A)(2) of section 3314.03 of the Revised	20258
Code, is solely to serve dropouts shall not be counted toward the	20259
limit imposed by this paragraph. This paragraph does not apply to	20260
entities described in division (C)(1)(e) of section 3314.02 of the	20261
Revised Code.	20262

Upon approval of an entity to be a sponsor under this	20263
division, the department shall notify the entity of the number of	20264
schools the entity may sponsor. If at any time a sponsor exceeds	20265
the number of schools it may sponsor under this division, the	20266
department shall assume sponsorship of the schools in excess of	20267
the sponsor's authorized number in accordance with division (C) of	20268
this section. Those schools for which the department assumes	20269
sponsorship shall be the schools that most recently entered into	20270
contracts with the sponsor under section 3314.03 of the Revised	20271
Code.	20272

(2) The department of education shall determine, pursuant to	20273
criteria adopted by rule of the department, whether the mission	20274
proposed to be specified in the contract of a community school to	20275
be sponsored by a state university board of trustees or the	20276
board's designee under division (C)(1)(e) of section 3314.02 of	20277
the Revised Code complies with the requirements of that division.	20278
Such determination of the department is final.	20279

(3) The department of education shall determine, pursuant to	20280
criteria adopted by rule of the department, if any tax-exempt	20281
entity under section 501(c)(3) of the Internal Revenue Code that	20282
is proposed to be a sponsor of a community school is an	20283
education-oriented entity for purpose of satisfying the condition	20284
prescribed in division (C)(1)~~(e)(iv)~~(f)(iii) of section 3314.02 of	20285
the Revised Code. Such determination of the department is final.	20286

(C) If at any time the state board of education finds that a	20287
sponsor is not in compliance or is no longer willing to comply	20288
with its contract with any community school or with the	20289
department's rules for sponsorship, the state board or designee	20290
shall conduct a hearing in accordance with Chapter 119. of the	20291
Revised Code on that matter. If after the hearing, the state board	20292
or designee has confirmed the original finding, the department of	20293
education may revoke the sponsor's approval to sponsor community	20294
schools and may assume the sponsorship of any schools with which	20295
the sponsor has contracted until the earlier of the expiration of	20296
two school years or until a new sponsor as described in division	20297
(C)(1) of section 3314.02 of the Revised Code is secured by the	20298
school's governing authority. The department may extend the term	20299
of the contract in the case of a school for which it has assumed	20300
sponsorship under this division as necessary to accommodate the	20301
term of the department's authorization to sponsor the school	20302
specified in this division.	20303

(D) The decision of the department to disapprove an entity	20304
for sponsorship of a community school or to revoke approval for	20305
such sponsorship, as provided in division (C) of this section, may	20306
be appealed by the entity in accordance with section 119.12 of the	20307
Revised Code.	20308

(E) In carrying out its duties under this chapter, the	20309
department shall not impose requirements on community schools or	20310
their sponsors that are not permitted by law or duly adopted	20311
rules.	20312

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

20313

(1) "Sponsor" means an entity listed in division (C)(1) of	20314
this section, which has been approved by the department of	20315
education to sponsor community schools and with which the	20316
governing authority of the proposed community school enters into a	20317
contract pursuant to this section.	20318

(2) "Pilot project area" means the school districts included	20319
in the territory of the former community school pilot project	20320
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	20321
the 122nd general assembly.	20322

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

20323

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

20324

(b) A school district that is either in a state of academic	20325
emergency or in a state of academic watch under section 3302.03 of	20326
the Revised Code;	20327

20328

(4) "Big eight school district" means a school district that	20329
for fiscal year 1997 had both of the following:	20330

(a) A percentage of children residing in the district and	20331
participating in the predecessor of Ohio works first greater than	20332
thirty per cent, as reported pursuant to section 3317.10 of the	20333
Revised Code;	20334

(b) An average daily membership greater than twelve thousand,	20335
as reported pursuant to former division (A) of section 3317.03 of	20336
the Revised Code.	20337

(5) "New start-up school" means a community school other than	20338
one created by converting all or part of an existing public	20339
school, as designated in the school's contract pursuant to	20340
division (A)(17) of section 3314.03 of the Revised Code.	20341

(6) "Urban school district" means one of the state's	20342
twenty-one urban school districts as defined in division (O) of	20343
section 3317.02 of the Revised Code as that section existed prior	20344
to July 1, 1998.	20345

(7) "Internet- or computer-based community school" means a	20346
community school established under this chapter in which the	20347
enrolled students work primarily from their residences on	20348
assignments in nonclassroom-based learning opportunities provided	20349
via an internet- or other computer-based instructional method that	20350
does not rely on regular classroom instruction or via	20351
comprehensive instructional methods that include internet-based,	20352
other computer-based, and noncomputer-based learning	20353
opportunities.	20354

(B) Any person or group of individuals may initially propose	20355
under this division the conversion of all or a portion of a public	20356
school to a community school. The proposal shall be made to the	20357
board of education of the city, local, or exempted village school	20358
district in which the public school is proposed to be converted.	20359
Upon receipt of a proposal, a board may enter into a preliminary	20360
agreement with the person or group proposing the conversion of the	20361
public school, indicating the intention of the board of education	20362
to support the conversion to a community school. A proposing	20363
person or group that has a preliminary agreement under this	20364
division may proceed to finalize plans for the school, establish a	20365
governing authority for the school, and negotiate a contract with	20366
the board of education. Provided the proposing person or group	20367
adheres to the preliminary agreement and all provisions of this	20368
chapter, the board of education shall negotiate in good faith to	20369
enter into a contract in accordance with section 3314.03 of the	20370
Revised Code and division (C) of this section.	20371

(C)(1) Any person or group of individuals may propose under	20372
this division the establishment of a new start-up school to be	20373
located in a challenged school district. The proposal may be made	20374
to any of the following entities:	20375

(a) The board of education of the district in which the	20376
school is proposed to be located;	20377

(b) The board of education of any joint vocational school	20378
district with territory in the county in which is located the	20379
majority of the territory of the district in which the school is	20380
proposed to be located;	20381

(c) The board of education of any other city, local, or	20382
exempted village school district having territory in the same	20383
county where the district in which the school is proposed to be	20384
located has the major portion of its territory;	20385

(d) The governing board of any educational service center;

20386

(e) A sponsoring authority designated by the board of	20387
trustees of any of the thirteen state universities listed in	20388
section 3345.011 of the Revised Code or the board of trustees	20389
itself as long as a mission of the proposed school to be specified	20390
in the contract under division (A)(2) of section 3314.03 of the	20391
Revised Code and as approved by the department of education under	20392
division (B)(2) of section 3314.015 of the Revised Code will be	20393
the practical demonstration of teaching methods, educational	20394
technology, or other teaching practices that are included in the	20395
curriculum of the university's teacher preparation program	20396
approved by the state board of education;	20397

(f) Any qualified tax-exempt entity under section 501(c)(3)	20398
of the Internal Revenue Code as long as all of the following	20399
conditions are satisfied:	20400

(i) The entity has been in operation for at least five years	20401
prior to applying to be a community school sponsor.	20402

(ii) The entity has assets of at least five hundred thousand	20403
dollars.	20404

(iii) The department of education has determined that the	20405
entity is an education-oriented entity under division (B)(3) of	20406
section 3314.015 of the Revised Code.	20407

~~Until July 1, 2005, any entity described in division~~	20408
~~(C)(1)(f) of this section may sponsor only schools that formerly~~	20409
~~were sponsored by the state board of education under division~~	20410
~~(C)(1)(d) of this section, as it existed prior to April 8, 2003.~~	20411
~~After July 1, 2005, such entity may sponsor any new or existing~~	20412
~~school.~~	20413

Any entity described in division (C)(1) of this section may	20414
enter into a preliminary agreement pursuant to division (C)(2) of	20415
this section with the proposing person or group.	20416

(2) A preliminary agreement indicates the intention of an	20417
entity described in division (C)(1) of this section to sponsor the	20418
community school. A proposing person or group that has such a	20419
preliminary agreement may proceed to finalize plans for the	20420
school, establish a governing authority as described in division	20421
(E) of this section for the school, and negotiate a contract with	20422
the entity. Provided the proposing person or group adheres to the	20423
preliminary agreement and all provisions of this chapter, the	20424
entity shall negotiate in good faith to enter into a contract in	20425
accordance with section 3314.03 of the Revised Code.	20426

(3) A new start-up school that is established in a school	20427
district while that district is either in a state of academic	20428
emergency or in a state of academic watch under section 3302.03 of	20429
the Revised Code may continue in existence once the school	20430
district is no longer in a state of academic emergency or academic	20431
watch, provided there is a valid contract between the school and a	20432
sponsor.	20433

(4) A copy of every preliminary agreement entered into under	20434
this division shall be filed with the superintendent of public	20435
instruction.	20436

(D) A majority vote of the board of a sponsoring entity and a	20437
majority vote of the members of the governing authority of a	20438
community school shall be required to adopt a contract and convert	20439
the public school to a community school or establish the new	20440
start-up school. Beginning on the effective date of this	20441
amendment, adoption of the contract shall occur not later than the	20442
fifteenth day of March prior to the school year in which the	20443
school will open. Up to the statewide limit prescribed in section	20444
3314.013 of the Revised Code, an unlimited number of community	20445
schools may be established in any school district provided that a	20446
contract is entered into for each community school pursuant to	20447
this chapter.	20448

(E) As used in this division, "immediate relatives" are	20449
limited to spouses, children, parents, grandparents, siblings, and	20450
in-laws.	20451

Each new start-up community school established under this	20452
chapter shall be under the direction of a governing authority	20453
which shall consist of a board of not less than five individuals	20454
who are not owners or employees, or immediate relatives of owners	20455
or employees, of any for-profit firm that operates or manages a	20456
school for the governing authority.	20457

No person shall serve on the governing authority or operate	20458
the community school under contract with the governing authority	20459
so long as the person owes the state any money or is in a dispute	20460
over whether the person owes the state any money concerning the	20461
operation of a community school that has closed.	20462

(F) Nothing in this chapter shall be construed to permit the	20463
establishment of a community school in more than one school	20464
district under the same contract.	20465

(G) A new start-up school that is established prior to ~~the~~	20466
~~effective date of this amendment~~August 15, 2003, in an urban	20467
school district that is not also a big-eight school district may	20468
continue to operate after ~~the effective~~that date ~~of this~~	20469
~~amendment~~ and the contract between the school's governing	20470
authority and the school's sponsor may be renewed, as provided	20471
under this chapter, after ~~the effective~~that date ~~of this~~	20472
~~amendment~~, but no additional new start-up schools may be	20473
established in such a district unless the district is a challenged	20474
school district as defined in this section as it exists on and	20475
after ~~the effective~~that date ~~of this amendment~~.	20476

Sec. 3314.021. (A) This section applies to any entity that is	20477
exempt from taxation under section 501(c)(3) of the Internal	20478
Revenue Code and that satisfies the conditions specified in	20479
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	20480
Revised Code but does not satisfy the condition specified in	20481
division (C)(1)(f)(i) of that section.	20482

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	20483
of the Revised Code, an entity described in division (A) of this	20484
section may do both of the following without obtaining the	20485
department of education's approval of its sponsorship under	20486
division (B)(1) of section 3314.015 of the Revised Code:	20487

(1) Succeed the board of trustees of a state university	20488
located in the pilot project area or that board's designee as the	20489
sponsor of a community school established under this chapter;	20490

(2) Continue to sponsor that school in conformance with the	20491
terms of the contract between the board of trustees or its	20492
designee and the governing authority of the community school and	20493
renew that contract as provided in division (E) of section 3314.03	20494
of the Revised Code.	20495

(C) The entity that succeeds the board of trustees or the	20496
board's designee as sponsor of a community school under division	20497
(B) of this section also may enter into contracts to sponsor other	20498
community schools located in any challenged school district,	20499
without obtaining the department's approval of its sponsorship	20500
under division (B)(1) of section 3314.015 of the Revised Code, and	20501
not subject to the restriction of ~~the paragraph following division~~	20502
~~(C)(1)(f)(iii)~~division (A)(5) of section ~~3314.02~~3314.013 of the	20503
Revised Code, as long as the contracts conform with and the entity	20504
complies with all other requirements of this chapter.	20505

Sec. 3314.03. A copy of every contract entered into under	20506
this section shall be filed with the superintendent of public	20507
instruction.	20508

(A) Each contract entered into between a sponsor and the	20509
governing authority of a community school shall specify the	20510
following:	20511

(1) That the school shall be established as either of the	20512
following:	20513

(a) A nonprofit corporation established under Chapter 1702.	20514
of the Revised Code, if established prior to April 8, 2003;	20515

(b) A public benefit corporation established under Chapter	20516
1702. of the Revised Code, if established after April 8, 2003;	20517

(2) The education program of the school, including the	20518
school's mission, the characteristics of the students the school	20519
is expected to attract, the ages and grades of students, and the	20520
focus of the curriculum;	20521

(3) The academic goals to be achieved and the method of	20522
measurement that will be used to determine progress toward those	20523
goals, which shall include the statewide achievement tests;	20524

(4) Performance standards by which the success of the school	20525
will be evaluated by the sponsor;	20526

(5) The admission standards of section 3314.06 of the Revised	20527
Code and, if applicable, section 3314.061 of the Revised Code;	20528

(6)(a) Dismissal procedures;

20529

(b) A requirement that the governing authority adopt an	20530
attendance policy that includes a procedure for automatically	20531
withdrawing a student from the school if the student without a	20532
legitimate excuse fails to participate in one hundred five	20533
consecutive hours of the learning opportunities offered to the	20534
student. Such a policy shall provide for withdrawing the student	20535
by the end of the thirtieth day after the student has failed to	20536
participate as required under this division.	20537

(7) The ways by which the school will achieve racial and	20538
ethnic balance reflective of the community it serves;	20539

(8) Requirements for financial audits by the auditor of	20540
state. The contract shall require financial records of the school	20541
to be maintained in the same manner as are financial records of	20542
school districts, pursuant to rules of the auditor of state, and	20543
the audits shall be conducted in accordance with section 117.10 of	20544
the Revised Code.	20545

(9) The facilities to be used and their locations;

20546

(10) Qualifications of teachers, including a requirement that	20547
the school's classroom teachers be licensed in accordance with	20548
sections 3319.22 to 3319.31 of the Revised Code, except that a	20549
community school may engage noncertificated persons to teach up to	20550
twelve hours per week pursuant to section 3319.301 of the Revised	20551
Code;	20552

(11) That the school will comply with the following	20553
requirements:	20554

(a) The school will provide learning opportunities to a	20555
minimum of twenty-five students for a minimum of nine hundred	20556
twenty hours per school year;	20557

(b) The governing authority will purchase liability	20558
insurance, or otherwise provide for the potential liability of the	20559
school;	20560

(c) The school will be nonsectarian in its programs,	20561
admission policies, employment practices, and all other	20562
operations, and will not be operated by a sectarian school or	20563
religious institution;	20564

(d) The school will comply with sections 9.90, 9.91, 109.65,	20565
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	20566
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	20567
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	20568
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,	20569
3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17,	20570
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	20571
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	20572
4123., 4141., and 4167. of the Revised Code as if it were a school	20573
district and will comply with section 3301.0714 of the Revised	20574
Code in the manner specified in section 3314.17 of the Revised	20575
Code;	20576

(e) The school shall comply with Chapter 102. of the Revised	20577
Code except that nothing in that chapter shall prohibit a member	20578
of the school's governing board from also being an employee of the	20579
school and nothing in that chapter or section 2921.42 of the	20580
Revised Code shall prohibit a member of the school's governing	20581
board from having an interest in a contract into which the	20582
governing board enters that is not a contract with a for-profit	20583
firm for the operation or management of a school under the	20584
auspices of the governing authority;	20585

(f) The school will comply with sections 3313.61, 3313.611,	20586
and 3313.614 of the Revised Code, except that the requirement in	20587
sections 3313.61 and 3313.611 of the Revised Code that a person	20588
must successfully complete the curriculum in any high school prior	20589
to receiving a high school diploma may be met by completing the	20590
curriculum adopted by the governing authority of the community	20591
school rather than the curriculum specified in Title XXXIII of the	20592
Revised Code or any rules of the state board of education;	20593

(g) The school governing authority will submit within four	20594
months after the end of each school year a report of its	20595
activities and progress in meeting the goals and standards of	20596
divisions (A)(3) and (4) of this section and its financial status	20597
to the sponsor, the parents of all students enrolled in the	20598
school, and the legislative office of education oversight. The	20599
school will collect and provide any data that the legislative	20600
office of education oversight requests in furtherance of any study	20601
or research that the general assembly requires the office to	20602
conduct, including the studies required under Section 50.39 of Am.	20603
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	20604
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	20605

(12) Arrangements for providing health and other benefits to	20606
employees;. All health benefits shall be provided pursuant to	20607
section 9.901 of the Revised Code.	20608

(13) The length of the contract, which shall begin at the	20609
beginning of an academic year. No contract shall exceed five years	20610
unless such contract has been renewed pursuant to division (E) of	20611
this section.	20612

(14) The governing authority of the school, which shall be	20613
responsible for carrying out the provisions of the contract;	20614

(15) A financial plan detailing an estimated school budget	20615
for each year of the period of the contract and specifying the	20616
total estimated per pupil expenditure amount for each such year.	20617
The plan shall specify for each year the base formula amount that	20618
will be used for purposes of funding calculations under section	20619
3314.08 of the Revised Code. This base formula amount for any year	20620
shall not exceed the formula amount defined under section 3317.02	20621
of the Revised Code. The plan may also specify for any year a	20622
percentage figure to be used for reducing the per pupil amount of	20623
~~disadvantaged pupil impact aid~~the subsidy calculated pursuant to	20624
section 3317.029 of the Revised Code the school is to receive that	20625
year under section 3314.08 of the Revised Code.	20626

(16) Requirements and procedures regarding the disposition of	20627
employees of the school in the event the contract is terminated or	20628
not renewed pursuant to section 3314.07 of the Revised Code;	20629

(17) Whether the school is to be created by converting all or	20630
part of an existing public school or is to be a new start-up	20631
school, and if it is a converted public school, specification of	20632
any duties or responsibilities of an employer that the board of	20633
education that operated the school before conversion is delegating	20634
to the governing board of the community school with respect to all	20635
or any specified group of employees provided the delegation is not	20636
prohibited by a collective bargaining agreement applicable to such	20637
employees;	20638

(18) Provisions establishing procedures for resolving	20639
disputes or differences of opinion between the sponsor and the	20640
governing authority of the community school;	20641

(19) A provision requiring the governing authority to adopt a	20642
policy regarding the admission of students who reside outside the	20643
district in which the school is located. That policy shall comply	20644
with the admissions procedures specified in ~~section~~sections	20645
3314.06 and 3314.061 of the Revised Code and, at the sole	20646
discretion of the authority, shall do one of the following:	20647

(a) Prohibit the enrollment of students who reside outside	20648
the district in which the school is located;	20649

(b) Permit the enrollment of students who reside in districts	20650
adjacent to the district in which the school is located;	20651

(c) Permit the enrollment of students who reside in any other	20652
district in the state.	20653

(20) A provision recognizing the authority of the department	20654
of education to take over the sponsorship of the school in	20655
accordance with the provisions of division (C) of section 3314.015	20656
of the Revised Code;	20657

(21) A provision recognizing the sponsor's authority to	20658
assume the operation of a school under the conditions specified in	20659
division (B) of section 3314.073 of the Revised Code;	20660

(22) A provision recognizing both of the following:

20661

(a) The authority of public health and safety officials to	20662
inspect the facilities of the school and to order the facilities	20663
closed if those officials find that the facilities are not in	20664
compliance with health and safety laws and regulations;	20665

(b) The authority of the department of education as the	20666
community school oversight body to suspend the operation of the	20667
school under section 3314.072 of the Revised Code if the	20668
department has evidence of conditions or violations of law at the	20669
school that pose an imminent danger to the health and safety of	20670
the school's students and employees and the sponsor refuses to	20671
take such action;	20672

(23) A description of the learning opportunities that will be	20673
offered to students including both classroom-based and	20674
non-classroom-based learning opportunities that is in compliance	20675
with criteria for student participation established by the	20676
department under division (L)(2) of section 3314.08 of the Revised	20677
Code;	20678

(24) The school will comply with section 3302.04 of the	20679
Revised Code, including division (E) of that section to the extent	20680
possible, except that any action required to be taken by a school	20681
district pursuant to that section shall be taken by the sponsor of	20682
the school. However, the sponsor shall not be required to take any	20683
action described in division (F) of that section.	20684

(25) Beginning in the 2006-2007 school year, the school will	20685
open for operation not later than the thirtieth day of September	20686
each school year, unless the mission of the school as specified	20687
under division (A)(2) of this section is solely to serve dropouts.	20688
In its initial year of operation, if the school fails to open by	20689
the thirtieth day of September, or within one year after the	20690
adoption of the contract pursuant to division (D) of section	20691
3314.02 of the Revised Code if the mission of the school is solely	20692
to serve dropouts, the contract shall be void.	20693

(B) The community school shall also submit to the sponsor a	20694
comprehensive plan for the school. The plan shall specify the	20695
following:	20696

(1) The process by which the governing authority of the	20697
school will be selected in the future;	20698

(2) The management and administration of the school;

20699

(3) If the community school is a currently existing public	20700
school, alternative arrangements for current public school	20701
students who choose not to attend the school and teachers who	20702
choose not to teach in the school after conversion;	20703

(4) The instructional program and educational philosophy of	20704
the school;	20705

(5) Internal financial controls.

20706

(C) A contract entered into under section 3314.02 of the	20707
Revised Code between a sponsor and the governing authority of a	20708
community school may provide for the community school governing	20709
authority to make payments to the sponsor, which is hereby	20710
authorized to receive such payments as set forth in the contract	20711
between the governing authority and the sponsor. The total amount	20712
of such payments for oversight and monitoring of the school shall	20713
not exceed three per cent of the total amount of payments for	20714
operating expenses that the school receives from the state.	20715

(D) The contract shall specify the duties of the sponsor	20716
which shall be in accordance with the written agreement entered	20717
into with the department of education under division (B) of	20718
section 3314.015 of the Revised Code and shall include the	20719
following:	20720

(1) Monitor the community school's compliance with all laws	20721
applicable to the school and with the terms of the contract;	20722

(2) Monitor and evaluate the academic and fiscal performance	20723
and the organization and operation of the community school on at	20724
least an annual basis;	20725

(3) Report on an annual basis the results of the evaluation	20726
conducted under division (D)(2) of this section to the department	20727
of education and to the parents of students enrolled in the	20728
community school;	20729

(4) Provide technical assistance to the community school in	20730
complying with laws applicable to the school and terms of the	20731
contract;	20732

(5) Take steps to intervene in the school's operation to	20733
correct problems in the school's overall performance, declare the	20734
school to be on probationary status pursuant to section 3314.073	20735
of the Revised Code, suspend the operation of the school pursuant	20736
to section 3314.072 of the Revised Code, or terminate the contract	20737
of the school pursuant to section 3314.07 of the Revised Code as	20738
determined necessary by the sponsor;	20739

(6) Have in place a plan of action to be undertaken in the	20740
event the community school experiences financial difficulties or	20741
closes prior to the end of a school year.	20742

(E) Upon the expiration of a contract entered into under this	20743
section, the sponsor of a community school may, with the approval	20744
of the governing authority of the school, renew that contract for	20745
a period of time determined by the sponsor, but not ending earlier	20746
than the end of any school year, if the sponsor finds that the	20747
school's compliance with applicable laws and terms of the contract	20748
and the school's progress in meeting the academic goals prescribed	20749
in the contract have been satisfactory. Any contract that is	20750
renewed under this division remains subject to the provisions of	20751
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	20752

(F) If a community school fails to open for operation within	20753
one year after the contract entered into under this section is	20754
adopted pursuant to division (D) of section 3314.02 of the Revised	20755
Code or permanently closes prior to the expiration of the	20756
contract, the contract shall be void and the school shall not	20757
enter into a contract with any other sponsor. A school shall not	20758
be considered permanently closed because the operations of the	20759
school have been suspended pursuant to section 3314.072 of the	20760
Revised Code. Any contract that becomes void under this division	20761
shall not count toward any statewide limit on the number of such	20762
contracts prescribed by section 3314.013 of the Revised Code.	20763

Sec. 3314.035. Each internet- or computer-based community	20764
school shall provide its students a location within a fifty-mile	20765
radius of the student's residence at which to complete the	20766
statewide achievement tests and diagnostic assessments prescribed	20767
under sections 3301.079 and 3301.0710 of the Revised Code.	20768

Sec. 3314.06. The governing authority of each community	20769
school established under this chapter shall adopt admission	20770
procedures that specify the following:	20771

(A) That except as otherwise provided in this section,	20772
admission to the school shall be open to any individual age five	20773
to twenty-two entitled to attend school pursuant to section	20774
3313.64 or 3313.65 of the Revised Code in a school district in the	20775
state.	20776

(B)(1) That admission to the school may be limited to	20777
students who have attained a specific grade level or are within a	20778
specific age group; to students that meet a definition of	20779
"at-risk," as defined in the contract; or to residents of a	20780
specific geographic area within the district, as defined in the	20781
contract; or to separate groups of autistic students and	20782
nonhandicapped students, as authorized in section 3314.061 of the	20783
Revised Code and as defined in the contract.	20784

(2) For purposes of division (B)(1) of this section,	20785
"at-risk" students may include those students identified as gifted	20786
students under section 3324.03 of the Revised Code.	20787

(C) Whether enrollment is limited to students who reside in	20788
the district in which the school is located or is open to	20789
residents of other districts, as provided in the policy adopted	20790
pursuant to the contract.	20791

(D)(1) That there will be no discrimination in the admission	20792
of students to the school on the basis of race, creed, color,	20793
handicapping condition, or sex except that ~~the~~:	20794

(a) The governing authority may establish single-gender	20795
schools for the purpose described in division (G) of this section	20796
provided comparable facilities and learning opportunities are	20797
offered for both boys and girls. Such comparable facilities and	20798
opportunities may be offered for each sex at separate locations.	20799

(b) The governing authority may establish a school that	20800
simultaneously serves a group of students identified as autistic	20801
and a group of students who are not handicapped, as authorized in	20802
section 3314.061 of the Revised Code. However, unless the total	20803
capacity established for the school has been filled, no student	20804
with any handicap shall be denied admission on the basis of that	20805
handicap.	20806

(2) That upon admission of any handicapped student, the	20807
community school will comply with all federal and state laws	20808
regarding the education of handicapped students.	20809

(E) That the school may not limit admission to students on	20810
the basis of intellectual ability, measures of achievement or	20811
aptitude, or athletic ability, except that a school may limit its	20812
enrollment to students as described in division (B)~~(2)~~ of this	20813
section.	20814

(F) That the community school will admit the number of	20815
students that does not exceed the capacity of the school's	20816
programs, classes, grade levels, or facilities.	20817

(G) That the purpose of single-gender schools that are	20818
established shall be to take advantage of the academic benefits	20819
some students realize from single-gender instruction and	20820
facilities and to offer students and parents residing in the	20821
district the option of a single-gender education.	20822

(H) That, except as otherwise provided under division (B) of	20823
this section or section 3314.061 of the Revised Code, if the	20824
number of applicants exceeds the capacity restrictions of division	20825
(F) of this section, students shall be admitted by lot from all	20826
those submitting applications, except preference shall be given to	20827
students attending the school the previous year and to students	20828
who reside in the district in which the school is located.	20829
Preference may be given to siblings of students attending the	20830
school the previous year.	20831

(I) If the school is an internet- or computer-based community	20832
school, that the school shall not admit on or after the effective	20833
date of this amendment any student, other than a student enrolling	20834
in kindergarten, who was not enrolled in a public school for at	20835
least one semester or an equivalent term during the three	20836
preceding school years.	20837

Notwithstanding divisions (A) to ~~(H)~~(I) of this section, in	20838
the event the racial composition of the enrollment of the	20839
community school is violative of a federal desegregation order,	20840
the community school shall take any and all corrective measures to	20841
comply with the desegregation order.	20842

Sec. 3314.061. A governing authority may establish a	20843
community school under this chapter that is limited to providing	20844
simultaneously special education and related services to a	20845
specified number of students identified as autistic and regular	20846
educational programs to a specified number of students who are not	20847
handicapped. The contract between the governing authority and the	20848
school's sponsor shall specify the target ratio of number of	20849
autistic students to number of nonhandicapped students in the	20850
school's population, the total number of autistic students that	20851
may be enrolled in the school, and the total number of	20852
nonhandicapped students that may be enrolled in the school. A	20853
school established in accordance with this section is subject to	20854
division (H) of section 3314.06 of the Revised Code, except that	20855
because the governing authority establishes a separate capacity	20856
for autistic students and nonhandicapped students, if the number	20857
of applicants among the group of autistic students or the group of	20858
nonhandicapped students exceeds the capacity restrictions for that	20859
group, students shall be admitted by lot from all those of that	20860
same group submitting applications. However, unless the total	20861
capacity established for the school has been filled, no student	20862
with any handicap shall be denied admission on the basis of that	20863
handicap.	20864

Sec. 3314.074. Divisions (A) and (B) of this section apply	20865
only to the extent permitted under Chapter 1702. of the Revised	20866
Code.	20867

(A) If any community school established under this chapter	20868
permanently closes and ceases its operation as a community school,	20869
the assets of that school shall be distributed first to the	20870
retirement funds of employees of the school, employees of the	20871
school, and private creditors who are owed compensation and then	20872
any remaining funds shall be paid to the state treasury to the	20873
credit of the general revenue fund.	20874

(B) If a community school closes and ceases to operate as a	20875
community school and the school has received computer hardware or	20876
software from the former Ohio SchoolNet commission or the agency	20877
designated by the governor to assume the functions of the	20878
commission, such hardware or software shall be returned to the	20879
~~commission~~agency, and the ~~commission~~agency shall redistribute	20880
the hardware and software, to the extent such redistribution is	20881
possible, to school districts in conformance with the provisions	20882
of the programs operated and administered by the ~~commission~~	20883
agency.	20884

(C) If the assets of the school are insufficient to pay all	20885
persons or entities to whom compensation is owed, the	20886
prioritization of the distribution of the assets to individual	20887
persons or entities within each class of payees may be determined	20888
by decree of a court in accordance with this section and Chapter	20889
1702. of the Revised Code.	20890

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

20891

(1) "Base formula amount" means the amount specified as such	20892
in a community school's financial plan for a school year pursuant	20893
to division (A)(15) of section 3314.03 of the Revised Code.	20894

(2) "Cost-of-doing-business factor" has the same meaning as	20895
in section 3317.02 of the Revised Code.	20896

(3) "IEP" means an individualized education program as	20897
defined in section 3323.01 of the Revised Code.	20898

(4) "Applicable special education weight" means the multiple	20899
specified in section 3317.013 of the Revised Code for a handicap	20900
described in that section.	20901

(5) "Applicable vocational education weight" means:

20902

(a) For a student enrolled in vocational education programs	20903
or classes described in division (A) of section 3317.014 of the	20904
Revised Code, the multiple specified in that division;	20905

(b) For a student enrolled in vocational education programs	20906
or classes described in division (B) of section 3317.014 of the	20907
Revised Code, the multiple specified in that division.	20908

(6) "Entitled to attend school" means entitled to attend	20909
school in a district under section 3313.64 or 3313.65 of the	20910
Revised Code.	20911

(7) A community school student is "included in the ~~DPIA~~	20912
poverty student count" of a school district if the student is	20913
entitled to attend school in the district and:	20914

~~(a) For school years prior to fiscal year 2004, the student's~~	20915
~~family receives assistance under the Ohio works first program.~~	20916

~~(b) For school years in and after fiscal year 2004,~~ the	20917
student's family income does not exceed the federal poverty	20918
guidelines, as defined in section 5101.46 of the Revised Code, and	20919
the student's family receives family assistance, as defined in	20920
section 3317.029 of the Revised Code.	20921

(8) "~~DPIA~~Poverty-based assistance reduction factor" means	20922
the percentage figure, if any, for reducing the per pupil amount	20923
of ~~disadvantaged pupil impact aid~~poverty-based assistance a	20924
community school is entitled to receive pursuant to divisions	20925
(D)(5) and (6) of this section in any year, as specified in the	20926
school's financial plan for the year pursuant to division (A)(15)	20927
of section 3314.03 of the Revised Code.	20928

(9) "All-day kindergarten" has the same meaning as in section	20929
3317.029 of the Revised Code.	20930

(10) "SF-3 payment" means the sum of the payments to a school	20931
district in a fiscal year under divisions (A), (C)(1), (C)(4),	20932
(D), (E), and (F) of section 3317.022, divisions (J), (P), and (R)	20933
of section 3317.024, and sections 3317.029, 3317.0212, ~~3317.0213,~~	20934
3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of	20935
the Revised Code after making the adjustments required by sections	20936
3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), ~~and~~	20937
(M), and (N) of section 3317.023, and division (C) of section	20938
3317.20 of the Revised Code.	20939

(B) The state board of education shall adopt rules requiring	20940
both of the following:	20941

(1) The board of education of each city, exempted village,	20942
and local school district to annually report the number of	20943
students entitled to attend school in the district who are	20944
enrolled in grades one through twelve in a community school	20945
established under this chapter, the number of students entitled to	20946
attend school in the district who are enrolled in kindergarten in	20947
a community school, the number of those kindergartners who are	20948
enrolled in all-day kindergarten in their community school, and	20949
for each child, the community school in which the child is	20950
enrolled.	20951

(2) The governing authority of each community school	20952
established under this chapter to annually report all of the	20953
following:	20954

(a) The number of students enrolled in grades one through	20955
twelve and the number of students enrolled in kindergarten in the	20956
school who are not receiving special education and related	20957
services pursuant to an IEP;	20958

(b) The number of enrolled students in grades one through	20959
twelve and the number of enrolled students in kindergarten, who	20960
are receiving special education and related services pursuant to	20961
an IEP;	20962

(c) The number of students reported under division (B)(2)(b)	20963
of this section receiving special education and related services	20964
pursuant to an IEP for a handicap described in each of divisions	20965
(A) to (F) of section 3317.013 of the Revised Code;	20966

(d) The full-time equivalent number of students reported	20967
under divisions (B)(2)(a) and (b) of this section who are enrolled	20968
in vocational education programs or classes described in each of	20969
divisions (A) and (B) of section 3317.014 of the Revised Code that	20970
are provided by the community school;	20971

(e) Twenty per cent of the number of students reported under	20972
divisions (B)(2)(a) and (b) of this section who are not reported	20973
under division (B)(2)(d) of this section but who are enrolled in	20974
vocational education programs or classes described in each of	20975
divisions (A) and (B) of section 3317.014 of the Revised Code at a	20976
joint vocational school district under a contract between the	20977
community school and the joint vocational school district and are	20978
entitled to attend school in a city, local, or exempted village	20979
school district whose territory is part of the territory of the	20980
joint vocational district;	20981

(f) The number of enrolled preschool handicapped students	20982
receiving special education services in a state-funded unit;	20983

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

20984

(h) For each student, the city, exempted village, or local	20985
school district in which the student is entitled to attend school;	20986

(i) Any ~~DPIA~~poverty-based assistance reduction factor that	20987
applies to a school year.	20988

(C) From the SF-3 payment made to a city, exempted village,	20989
or local school district and, if necessary, from the payment made	20990
to the district under sections 321.24 and 323.156 of the Revised	20991
Code, the department of education shall annually subtract the sum	20992
of the amounts described in divisions (C)(1) to ~~(6)~~(9) of this	20993
section. However, when deducting payments on behalf of students	20994
enrolled in internet- or computer-based community schools, the	20995
department shall deduct only those amounts described in divisions	20996
(C)(1) and (2) of this section. Furthermore, the aggregate amount	20997
deducted under this division shall not exceed the sum of the	20998
district's SF-3 payment and its payment under sections 321.24 and	20999
323.156 of the Revised Code.	21000

(1) An amount equal to the sum of the amounts obtained when,	21001
for each community school where the district's students are	21002
enrolled, the number of the district's students reported under	21003
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	21004
in grades one through twelve, and one-half the number of students	21005
reported under those divisions who are enrolled in kindergarten,	21006
in that community school is multiplied by the following:	21007

(a) In fiscal year 2006, the base formula amount of that	21008
community school as adjusted by the school district's	21009
cost-of-doing-business factor;	21010

(b) In fiscal year 2007 and thereafter, the greater of either	21011
of the following:	21012

(i) The fiscal year 2006 base formula amount of that	21013
community school as adjusted by the school district's fiscal year	21014
2006 cost-of-doing-business factor;	21015

(ii) The sum of the current base formula amount of that	21016
community school plus the per pupil amount of the base funding	21017
supplements specified in divisions (B)(1) to (4) of section	21018
3317.012 of the Revised Code.	21019

(2) The sum of the amounts calculated under divisions	21020
(C)(2)(a) and (b) of this section:	21021

(a) For each of the district's students reported under	21022
division (B)(2)(c) of this section as enrolled in a community	21023
school in grades one through twelve and receiving special	21024
education and related services pursuant to an IEP for a handicap	21025
described in section 3317.013 of the Revised Code, the product of	21026
the applicable special education weight times the community	21027
school's base formula amount;	21028

(b) For each of the district's students reported under	21029
division (B)(2)(c) of this section as enrolled in kindergarten in	21030
a community school and receiving special education and related	21031
services pursuant to an IEP for a handicap described in section	21032
3317.013 of the Revised Code, one-half of the amount calculated as	21033
prescribed in division (C)(2)(a) of this section.	21034

(3) For each of the district's students reported under	21035
division (B)(2)(d) of this section for whom payment is made under	21036
division (D)(4) of this section, the amount of that payment;	21037

(4) An amount equal to the sum of the amounts obtained when,	21038
for each community school where the district's students are	21039
enrolled, the number of the district's students enrolled in that	21040
community school who are included in the district's ~~DPIA~~poverty	21041
student count is multiplied by the per pupil amount of	21042
~~disadvantaged pupil impact aid~~poverty-based assistance the school	21043
district receives that year pursuant to division (B) or (C) of	21044
section 3317.029 of the Revised Code, as adjusted by any ~~DPIA~~	21045
poverty-based assistance reduction factor of that community	21046
school. If the district receives ~~disadvantaged pupil impact aid~~	21047
poverty-based assistance under division (B) of that section, the	21048
per pupil amount of that aid is the quotient of the amount the	21049
district received under that division divided by the district's	21050
~~DPIA~~poverty student count, as defined in that section. If the	21051
district receives ~~disadvantaged pupil impact aid~~poverty-based	21052
assistance under division (C) of section 3317.029 of the Revised	21053
Code, the per pupil amount of that aid is the per pupil dollar	21054
amount prescribed for the district in ~~division~~divisions (C)(1) or	21055
and (2) of that section, times a multiple of 0.50 in fiscal year	21056
2007.	21057

(5) An amount equal to the sum of the amounts obtained when,	21058
for each community school where the district's students are	21059
enrolled, the district's per pupil amount of aid received under	21060
division (E) of section 3317.029 of the Revised Code, as adjusted	21061
by any ~~DPIA~~poverty-based assistance reduction factor of the	21062
community school, is multiplied by the sum of the following:	21063

(a) The number of the district's students reported under	21064
division (B)(2)(a) of this section who are enrolled in grades one	21065
to three in that community school and who are not receiving	21066
special education and related services pursuant to an IEP;	21067

(b) One-half of the district's students who are enrolled in	21068
all-day or any other kindergarten class in that community school	21069
and who are not receiving special education and related services	21070
pursuant to an IEP;	21071

(c) One-half of the district's students who are enrolled in	21072
all-day kindergarten in that community school and who are not	21073
receiving special education and related services pursuant to an	21074
IEP.	21075

The district's per pupil amount of aid under division (E) of	21076
section 3317.029 of the Revised Code is the quotient of the amount	21077
the district received under that division divided by the	21078
district's kindergarten through third grade ADM, as defined in	21079
that section.	21080

(6) An amount equal to the sum of the amounts obtained when,	21081
for each community school where the district's students are	21082
enrolled, the district's per pupil amount received under division	21083
(F) of section 3317.029 of the Revised Code, as adjusted by any	21084
poverty-based assistance reduction factor of that community	21085
school, is multiplied by the number of the district's students	21086
enrolled in the community school who are identified as	21087
limited-English proficient.	21088

The district's per pupil amount under division (F) of section	21089
3317.029 of the Revised Code is the amount calculated under	21090
division (F)(1) or (2) of that section, times a multiple of 0.50	21091
in fiscal year 2007.	21092

(7) An amount equal to the sum of the amounts obtained when,	21093
for each community school where the district's students are	21094
enrolled, the district's per pupil amount received under division	21095
(G) of section 3317.029 of the Revised Code, as adjusted by any	21096
poverty-based assistance reduction factor of that community	21097
school, is multiplied by the sum of the following:	21098

(a) The number of the district's students enrolled in grades	21099
one through twelve in that community school;	21100

(b) One-half of the number of the district's students	21101
enrolled in kindergarten in that community school.	21102

The district's per pupil amount under division (G) of section	21103
3317.029 of the Revised Code is the district's amount per teacher	21104
calculated under division (G)(1) or (2) of that section divided by	21105
20, times a multiple of 0.50 in fiscal year 2007.	21106

(8) An amount equal to the sum of the amounts obtained when,	21107
for each community school where the district's students are	21108
enrolled, the district's per pupil amount received under divisions	21109
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	21110
by any poverty-based assistance reduction factor of that community	21111
school, is multiplied by the sum of the following:	21112

(a) The number of the district's students enrolled in grades	21113
one through twelve in that community school;	21114

(b) One-half of the number of the district's students	21115
enrolled in kindergarten in that community school.	21116

The district's per pupil amount under divisions (H) and (I)	21117
of section 3317.029 of the Revised Code is the amount calculated	21118
under each division divided by the district's formula ADM, as	21119
defined in section 3317.02 of the Revised Code.	21120

(9) An amount equal to the per pupil state parity aid funding	21121
calculated for the school district under either division (C) or	21122
(D) of section 3317.0217 of the Revised Code multiplied by the sum	21123
of the number of students in grades one through twelve, and	21124
one-half of the number of students in kindergarten, who are	21125
entitled to attend school in the district and are enrolled in a	21126
community school as reported under division (B)(1) of this	21127
section.	21128

(D) The department shall annually pay to a community school	21129
established under this chapter the sum of the amounts described in	21130
divisions (D)(1) to ~~(7)~~(10) of this section. However, the	21131
department shall calculate and pay to each internet- or	21132
computer-based community school only the amounts described in	21133
divisions (D)(1) to (3) of this section. Furthermore, the sum of	21134
the payments to all community schools under divisions (D)(1), (2),	21135
and (4)~~, (5), (6), and (7)~~to (10) of this section for the	21136
students entitled to attend school in any particular school	21137
district shall not exceed the sum of that district's SF-3 payment	21138
and its payment under sections 321.24 and 323.156 of the Revised	21139
Code. If the sum of the payments calculated under those divisions	21140
for the students entitled to attend school in a particular school	21141
district exceeds the sum of that district's SF-3 payment and its	21142
payment under sections 321.24 and 323.156 of the Revised Code, the	21143
department shall calculate and apply a proration factor to the	21144
payments to all community schools under those divisions for the	21145
students entitled to attend school in that district.	21146

(1) An amount equal to the sum of the amounts obtained when	21147
the number of students enrolled in grades one through twelve, plus	21148
one-half of the kindergarten students in the school, reported	21149
under divisions (B)(2)(a), (b), and (e) of this section who are	21150
not receiving special education and related services pursuant to	21151
an IEP for a handicap described in section 3317.013 of the Revised	21152
Code is multiplied by the following:	21153

(a) In fiscal year 2006, the community school's base formula	21154
amount, as adjusted by the cost-of-doing-business factor of the	21155
school district in which the student is entitled to attend school;	21156

(b) In fiscal year 2007 and thereafter, the greater of either	21157
of the following:	21158

(i) The community school's fiscal year 2006 base formula	21159
amount, as adjusted by the fiscal year 2006 cost-of-doing-business	21160
factor of the school district in which the student is entitled to	21161
attend school;	21162

(ii) The sum of the community school's current base formula	21163
amount plus the per pupil amount of the base funding supplements	21164
specified in divisions (B)(1) to (4) of section 3317.012 of the	21165
Revised Code.	21166

(2) The greater of the following:

21167

(a) The aggregate amount that the department paid to the	21168
community school in fiscal year 1999 for students receiving	21169
special education and related services pursuant to IEPs, excluding	21170
federal funds and state disadvantaged pupil impact aid funds;	21171

(b) The sum of the amounts calculated under divisions	21172
(D)(2)(b)(i) and (ii) of this section:	21173

(i) For each student reported under division (B)(2)(c) of	21174
this section as enrolled in the school in grades one through	21175
twelve and receiving special education and related services	21176
pursuant to an IEP for a handicap described in section 3317.013 of	21177
the Revised Code, either of the following ~~amount~~amounts as	21178
applicable:	21179

(I) In fiscal year 2006, the amount shall be calculated	21180
according to the following formula:	21181

(the community school's base formula amount

21182

X the cost-of-doing-business factor

21183

of the district where the student

21184

is entitled to attend school) +	21185

(the applicable special education weight X

21186

the community school's base formula amount);

21187

(II) In fiscal year 2007 and thereafter, the amount shall be	21188
calculated according to the following formula:	21189

[the greater of (the community school's

21190

fiscal year2006 base formula amount X

21191

the fiscal year 2006 cost-of-doing-business factor

21192

of the district where the student is entitled to attend school)

21193

or (the current formula amount plus the per pupil amount of the

21194

base funding supplements specified in divisions (B)(1) to (4)

21195

of section 3317.012 of the Revised Code)] +

21196

(the applicable special education weight X

21197

the community school's base formula amount).

21198

(ii) For each student reported under division (B)(2)(c) of	21199
this section as enrolled in kindergarten and receiving special	21200
education and related services pursuant to an IEP for a handicap	21201
described in section 3317.013 of the Revised Code, one-half of the	21202
amount calculated under the formula prescribed in division	21203
(D)(2)(b)(i) of this section.	21204

(3) An amount received from federal funds to provide special	21205
education and related services to students in the community	21206
school, as determined by the superintendent of public instruction.	21207

(4) For each student reported under division (B)(2)(d) of	21208
this section as enrolled in vocational education programs or	21209
classes that are described in section 3317.014 of the Revised	21210
Code, are provided by the community school, and are comparable as	21211
determined by the superintendent of public instruction to school	21212
district vocational education programs and classes eligible for	21213
state weighted funding under section 3317.014 of the Revised Code,	21214
an amount equal to the applicable vocational education weight	21215
times the community school's base formula amount times the	21216
percentage of time the student spends in the vocational education	21217
programs or classes.	21218

(5) An amount equal to the sum of the amounts obtained when,	21219
for each school district where the community school's students are	21220
entitled to attend school, the number of that district's students	21221
enrolled in the community school who are included in the	21222
district's ~~DPIA~~poverty student count is multiplied by the per	21223
pupil amount of ~~disadvantaged pupil impact aid~~poverty-based	21224
assistance that school district receives that year pursuant to	21225
division (B) or (C) of section 3317.029 of the Revised Code, as	21226
adjusted by any ~~DPIA~~poverty-based assistance reduction factor of	21227
the community school. The per pupil amount of aid shall be	21228
determined as described in division (C)(4) of this section.	21229

(6) An amount equal to the sum of the amounts obtained when,	21230
for each school district where the community school's students are	21231
entitled to attend school, the district's per pupil amount of aid	21232
received under division (E) of section 3317.029 of the Revised	21233
Code, as adjusted by any ~~DPIA~~poverty-based assistance reduction	21234
factor of the community school, is multiplied by the sum of the	21235
following:	21236

(a) The number of the district's students reported under	21237
division (B)(2)(a) of this section who are enrolled in grades one	21238
to three in that community school and who are not receiving	21239
special education and related services pursuant to an IEP;	21240

(b) One-half of the district's students who are enrolled in	21241
all-day or any other kindergarten class in that community school	21242
and who are not receiving special education and related services	21243
pursuant to an IEP;	21244

(c) One-half of the district's students who are enrolled in	21245
all-day kindergarten in that community school and who are not	21246
receiving special education and related services pursuant to an	21247
IEP.	21248

The district's per pupil amount of aid under division (E) of	21249
section 3317.029 of the Revised Code shall be determined as	21250
described in division (C)(5) of this section.	21251

(7) An amount equal to the sum of the amounts obtained when,	21252
for each school district where the community school's students are	21253
entitled to attend school, the number of that district's students	21254
enrolled in the community school who are identified as	21255
limited-English proficient is multiplied by the district's per	21256
pupil amount received under division (F) of section 3317.029 of	21257
the Revised Code, as adjusted by any poverty-based assistance	21258
reduction factor of the community school.	21259

The district's per pupil amount under division (F) of section	21260
3317.029 of the Revised Code shall be determined as described in	21261
division (C)(6) of this section.	21262

(8) An amount equal to the sum of the amounts obtained when,	21263
for each school district where the community school's students are	21264
entitled to attend school, the district's per pupil amount	21265
received under division (G) of section 3317.029 of the Revised	21266
Code, as adjusted by any poverty-based assistance reduction factor	21267
of the community school, is multiplied by the sum of the	21268
following:	21269

(a) The number of the district's students enrolled in grades	21270
one through twelve in that community school;	21271

(b) One-half of the number of the district's students	21272
enrolled in kindergarten in that community school.	21273

The district's per pupil amount under division (G) of section	21274
3317.029 of the Revised Code shall be determined as described in	21275
division (C)(7) of this section.	21276

(9) An amount equal to the sum of the amounts obtained when,	21277
for each school district where the community school's students are	21278
entitled to attend school, the district's per pupil amount	21279
received under divisions (H) and (I) of section 3317.029 of the	21280
Revised Code, as adjusted by any poverty-based assistance	21281
reduction factor of the community school, is multiplied by the sum	21282
of the following:	21283

(a) The number of the district's students enrolled in grades	21284
one through twelve in that community school;	21285

(b) One-half of the number of the district's students	21286
enrolled in kindergarten in that community school.	21287

The district's per pupil amount under divisions (H) and (I)	21288
of section 3317.029 of the Revised Code shall be determined as	21289
described in division (C)(8) of this section.	21290

(10) An amount equal to the sum of the amounts obtained when,	21291
for each school district where the community school's students are	21292
entitled to attend school, the district's per pupil amount of	21293
state parity aid funding calculated under either division (C) or	21294
(D) of section 3317.0217 of the Revised Code is multiplied by the	21295
sum of the number of that district's students enrolled in grades	21296
one through twelve, and one-half of the number of that district's	21297
students enrolled in kindergarten, in the community school as	21298
reported under division (B)(2)(a) and (b) of this section.	21299

(E)(1) If a community school's costs for a fiscal year for a	21300
student receiving special education and related services pursuant	21301
to an IEP for a handicap described in divisions (B) to (F) of	21302
section 3317.013 of the Revised Code exceed the threshold	21303
catastrophic cost for serving the student as specified in division	21304
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	21305
submit to the superintendent of public instruction documentation,	21306
as prescribed by the superintendent, of all its costs for that	21307
student. Upon submission of documentation for a student of the	21308
type and in the manner prescribed, the department shall pay to the	21309
community school an amount equal to the school's costs for the	21310
student in excess of the threshold catastrophic costs.	21311

(2) The community school shall only report under division	21312
(E)(1) of this section, and the department shall only pay for, the	21313
costs of educational expenses and the related services provided to	21314
the student in accordance with the student's individualized	21315
education program. Any legal fees, court costs, or other costs	21316
associated with any cause of action relating to the student may	21317
not be included in the amount.	21318

(F) A community school may apply to the department of	21319
education for preschool handicapped or gifted unit funding the	21320
school would receive if it were a school district. Upon request of	21321
its governing authority, a community school that received unit	21322
funding as a school district-operated school before it became a	21323
community school shall retain any units awarded to it as a school	21324
district-operated school provided the school continues to meet	21325
eligibility standards for the unit.	21326

A community school shall be considered a school district and	21327
its governing authority shall be considered a board of education	21328
for the purpose of applying to any state or federal agency for	21329
grants that a school district may receive under federal or state	21330
law or any appropriations act of the general assembly. The	21331
governing authority of a community school may apply to any private	21332
entity for additional funds.	21333

(G) A board of education sponsoring a community school may	21334
utilize local funds to make enhancement grants to the school or	21335
may agree, either as part of the contract or separately, to	21336
provide any specific services to the community school at no cost	21337
to the school.	21338

(H) A community school may not levy taxes or issue bonds	21339
secured by tax revenues.	21340

(I) No community school shall charge tuition for the	21341
enrollment of any student.	21342

(J)(1)(a) A community school may borrow money to pay any	21343
necessary and actual expenses of the school in anticipation of the	21344
receipt of any portion of the payments to be received by the	21345
school pursuant to division (D) of this section. The school may	21346
issue notes to evidence such borrowing. The proceeds of the notes	21347
shall be used only for the purposes for which the anticipated	21348
receipts may be lawfully expended by the school.	21349

(b) A school may also borrow money for a term not to exceed	21350
fifteen years for the purpose of acquiring facilities.	21351

(2) Except for any amount guaranteed under section 3318.50 of	21352
the Revised Code, the state is not liable for debt incurred by the	21353
governing authority of a community school.	21354

(K) For purposes of determining the number of students for	21355
which divisions (D)(5) and (6) of this section applies in any	21356
school year, a community school may submit to the department of	21357
job and family services, no later than the first day of March, a	21358
list of the students enrolled in the school. For each student on	21359
the list, the community school shall indicate the student's name,	21360
address, and date of birth and the school district where the	21361
student is entitled to attend school. Upon receipt of a list under	21362
this division, the department of job and family services shall	21363
determine, for each school district where one or more students on	21364
the list is entitled to attend school, the number of students	21365
residing in that school district who were included in the	21366
department's report under section 3317.10 of the Revised Code. The	21367
department shall make this determination on the basis of	21368
information readily available to it. Upon making this	21369
determination and no later than ninety days after submission of	21370
the list by the community school, the department shall report to	21371
the state department of education the number of students on the	21372
list who reside in each school district who were included in the	21373
department's report under section 3317.10 of the Revised Code. In	21374
complying with this division, the department of job and family	21375
services shall not report to the state department of education any	21376
personally identifiable information on any student.	21377

(L) The department of education shall adjust the amounts	21378
subtracted and paid under divisions (C) and (D) of this section to	21379
reflect any enrollment of students in community schools for less	21380
than the equivalent of a full school year. The state board of	21381
education within ninety days after April 8, 2003, shall adopt in	21382
accordance with Chapter 119. of the Revised Code rules governing	21383
the payments to community schools under this section including	21384
initial payments in a school year and adjustments and reductions	21385
made in subsequent periodic payments to community schools and	21386
corresponding deductions from school district accounts as provided	21387
under divisions (C) and (D) of this section. For purposes of this	21388
section:	21389

(1) A student shall be considered enrolled in the community	21390
school for any portion of the school year the student is	21391
participating at a college under Chapter 3365. of the Revised	21392
Code.	21393

(2) A student shall be considered to be enrolled in a	21394
community school during a school year for the period of time	21395
between the date on which the school both has received	21396
documentation of the student's enrollment from a parent and has	21397
commenced participation in learning opportunities as defined in	21398
the contract with the sponsor. For purposes of applying this	21399
division to a community school student, "learning opportunities"	21400
shall be defined in the contract, which shall describe both	21401
classroom-based and non-classroom-based learning opportunities and	21402
shall be in compliance with criteria and documentation	21403
requirements for student participation which shall be established	21404
by the department. Any student's instruction time in	21405
non-classroom-based learning opportunities shall be certified by	21406
an employee of the community school. A student's enrollment shall	21407
be considered to cease on the date on which any of the following	21408
occur:	21409

(a) The community school receives documentation from a parent	21410
terminating enrollment of the student.	21411

(b) The community school is provided documentation of a	21412
student's enrollment in another public or private school.	21413

(c) The community school ceases to offer learning	21414
opportunities to the student pursuant to the terms of the contract	21415
with the sponsor or the operation of any provision of this	21416
chapter.	21417

(3) A student's percentage of full-time equivalency shall be	21418
considered to be the percentage the hours of learning opportunity	21419
offered to that student is of nine hundred and twenty hours.	21420

(M) The department of education shall reduce the amounts paid	21421
under division (D) of this section to reflect payments made to	21422
colleges under division (B) of section 3365.07 of the Revised	21423
Code.	21424

(N)(1) No student shall be considered enrolled in any	21425
internet- or computer-based community school unless both of the	21426
following conditions are satisfied:	21427

(a) The student possesses or has been provided with all	21428
required hardware and software materials and all such materials	21429
are operational so that the student is capable of fully	21430
participating in the learning opportunities specified in the	21431
contract between the school and the school's sponsor as required	21432
by division (A)(23) of section 3314.03 of the Revised Code;	21433

(b) The school is in compliance with division (A)(1) or (2)	21434
of section 3314.032 of the Revised Code, relative to such student.	21435

(2) In accordance with policies adopted jointly by the	21436
superintendent of public instruction and the auditor of state, the	21437
department shall reduce the amounts otherwise payable under	21438
division (D) of this section to any internet- or computer-based	21439
community school that includes in its program the provision of	21440
computer hardware and software materials to each student, if such	21441
hardware and software materials have not been delivered,	21442
installed, and activated for all students in a timely manner or	21443
other educational materials or services have not been provided	21444
according to the contract between the individual community school	21445
and its sponsor.	21446

The superintendent of public instruction and the auditor of	21447
state shall jointly establish a method for auditing any community	21448
school to which this division pertains to ensure compliance with	21449
this section.	21450

The superintendent, auditor of state, and the governor shall	21451
jointly make recommendations to the general assembly for	21452
legislative changes that may be required to assure fiscal and	21453
academic accountability for such internet- or computer-based	21454
schools.	21455

(O)(1) If the department determines that a review of a	21456
community school's enrollment is necessary, such review shall be	21457
completed and written notice of the findings shall be provided to	21458
the governing authority of the community school and its sponsor	21459
within ninety days of the end of the community school's fiscal	21460
year, unless extended for a period not to exceed thirty additional	21461
days for one of the following reasons:	21462

(a) The department and the community school mutually agree to	21463
the extension.	21464

(b) Delays in data submission caused by either a community	21465
school or its sponsor.	21466

(2) If the review results in a finding that additional	21467
funding is owed to the school, such payment shall be made within	21468
thirty days of the written notice. If the review results in a	21469
finding that the community school owes moneys to the state, the	21470
following procedure shall apply:	21471

(a) Within ten business days of the receipt of the notice of	21472
findings, the community school may appeal the department's	21473
determination to the state board of education or its designee.	21474

(b) The board or its designee shall conduct an informal	21475
hearing on the matter within thirty days of receipt of such an	21476
appeal and shall issue a decision within fifteen days of the	21477
conclusion of the hearing.	21478

(c) If the board has enlisted a designee to conduct the	21479
hearing, the designee shall certify its decision to the board. The	21480
board may accept the decision of the designee or may reject the	21481
decision of the designee and issue its own decision on the matter.	21482

(d) Any decision made by the board under this division is	21483
final.	21484

(3) If it is decided that the community school owes moneys to	21485
the state, the department shall deduct such amount from the	21486
school's future payments in accordance with guidelines issued by	21487
the superintendent of public instruction.	21488

Sec. 3314.13. (A) As used in this section:

21489

(1) "All-day kindergarten" has the same meaning as in section	21490
3317.029 of the Revised Code.	21491

(2) "Formula amount" has the same meaning as in section	21492
3317.02 of the Revised Code.	21493

(B) ~~The~~Except as provided in division (C) of this section,	21494
the department of education annually shall pay each community	21495
school established under this chapter one-half of the formula	21496
amount for each student to whom both of the following apply:	21497

(1) The student is entitled to attend school under section	21498
3313.64 or 3313.65 of the Revised Code in a school district that	21499
is eligible to receive a payment under division (D) of section	21500
3317.029 of the Revised Code if it provides all-day kindergarten;	21501

(2) The student is reported by the community school as	21502
enrolled in all-day kindergarten at the community school.	21503

(C) The department shall make no payments under this section	21504
to any internet- or computer-based community school.	21505

(D) If a student for whom payment is made under division (B)	21506
of this section is entitled to attend school in a district that	21507
receives any payment for all-day kindergarten under division (D)	21508
of section 3317.029 of the Revised Code, the department shall	21509
deduct the payment to the community school under this section from	21510
the amount paid that school district under that division. If that	21511
school district does not receive payment for all-day kindergarten	21512
under that division because it does not provide all-day	21513
kindergarten, the department shall pay the community school from	21514
state funds appropriated generally for ~~disadvantaged pupil impact~~	21515
~~aid~~poverty-based assistance to school districts.	21516

~~(D)~~(E) The department shall adjust the amounts deducted from	21517
school districts and paid to community schools under this section	21518
to reflect any enrollments of students in all-day kindergarten in	21519
community schools for less than the equivalent of a full school	21520
year.	21521

Sec. 3314.29. (A) The department of education shall	21522
establish, maintain, and administer a self-insurance surety	21523
program for community schools established under this chapter for	21524
the purpose of paying surety claims. The program shall be owned	21525
proportionally by contributing schools. The following apply to the	21526
program:	21527

(1) Such funds shall be reserved as are necessary, in the	21528
exercise of sound and prudent actuarial judgment, to cover all	21529
surety claims not to exceed one million dollars per occurrence or	21530
three million dollars aggregate. The surety limit applicable to	21531
all participating schools shall be twenty-five million dollars.	21532

(2) The department shall establish, by rules adopted in	21533
accordance with Chapter 119. of the Revised Code, a fair,	21534
self-adjusting mechanism by which to determine the amount each	21535
participating school is required to contribute to the program. The	21536
determination shall be made on the basis of relative exposure and	21537
loss experience and shall take into account the size of the	21538
school's enrollment and its academic and financial performance.	21539

(3) The department shall obtain a surety bond from a bonding	21540
company or insurance company authorized to do business in this	21541
state to pay claims in excess of one million dollars per	21542
occurrence or three million dollars aggregate.	21543

(4) The aggregate fees paid to brokers in any year under the	21544
program shall not exceed three hundred thousand dollars.	21545

(B) All contributions received from participating schools	21546
pursuant to division (A)(2) of this section shall be deposited	21547
into the community school surety fund, which is hereby created.	21548
The fund shall be in the custody of the treasurer of state but not	21549
part of the state treasury. Money credited to the fund shall be	21550
used for the administration of the program, including the payment	21551
of claims, broker fees, and other actual and necessary expenses	21552
incurred by the department in carrying out the purposes of this	21553
section.	21554

The treasurer of state shall disburse money from the fund on	21555
order of the superintendent of public instruction, or the	21556
superintendent's designee. All investment earnings of the fund	21557
shall be credited to the fund.	21558

Sec. 3315.17. (A) The board of education of each city,	21559
exempted village, local, and joint vocational school district	21560
shall establish a textbook and instructional materials fund. Each	21561
board annually shall deposit into that fund an amount derived from	21562
revenues received by the district for operating expenses that is	21563
equal to three per cent of the formula amount for the preceding	21564
fiscal year, as defined in section 3317.02 of the Revised Code, or	21565
another percentage if established by the auditor of state under	21566
division (C) of this section, multiplied by the district's student	21567
population for the preceding fiscal year. Money in the fund shall	21568
be used solely for textbooks, instructional software, and	21569
instructional materials, supplies, and equipment. Any money in the	21570
fund that is not used in any fiscal year shall carry forward to	21571
the next fiscal year.	21572

(B)(1) Notwithstanding division (A) of this section, if in a	21573
fiscal year a district board deposits in the textbook and	21574
instructional materials fund an amount of money greater than the	21575
amount required to be deposited by this section or the rules	21576
adopted under division (C) of this section, the board may deduct	21577
the excess amount of money from the amount of money required to be	21578
deposited in succeeding fiscal years.	21579

(2) Notwithstanding division (A) of this section, in any year	21580
a district is in fiscal emergency status as declared pursuant to	21581
section 3316.03 of the Revised Code, the district may deposit an	21582
amount less than required by division (A) of this section, or make	21583
no deposit, into the district textbook and instructional materials	21584
fund for that year.	21585

(C) The state superintendent of public instruction and the	21586
auditor of state jointly shall adopt rules in accordance with	21587
Chapter 119. of the Revised Code defining what constitutes	21588
textbooks, instructional software, and instructional materials,	21589
supplies, and equipment for which money in a school district's	21590
textbook and instructional materials fund may be used. The auditor	21591
of state also may designate a percentage, other than three per	21592
cent, of the formula amount multiplied by the district's student	21593
population that must be deposited into the fund.	21594

(D) Notwithstanding division (A) of this section, a district	21595
board of education in any fiscal year may appropriate money in the	21596
district textbook and instructional materials fund for purposes	21597
other than those permitted by that division if both of the	21598
following occur during that fiscal year:	21599

(1) All of the following certify to the district board in	21600
writing that the district has sufficient textbooks, instructional	21601
software, and instructional materials, supplies, and equipment to	21602
ensure a thorough and efficient education within the district:	21603

(a) The district superintendent;

21604

(b) In districts required to have a business advisory	21605
council, a person designated by vote of the business advisory	21606
council;	21607

(c) If the district teachers are represented by an exclusive	21608
bargaining representative for purposes of Chapter 4117. of the	21609
Revised Code, the president of that organization or the	21610
president's designee.	21611

(2) The district board adopts, by unanimous vote of all	21612
members of the board, a resolution stating that the district has	21613
sufficient textbooks, instructional software, and instructional	21614
materials, supplies, and equipment to ensure a thorough and	21615
efficient education within the district.	21616

(E) Notwithstanding any provision to the contrary in Chapter	21617
4117. of the Revised Code, the requirements of this section	21618
prevail over any conflicting provisions of agreements between	21619
employee organizations and public employers entered into on or	21620
after November 21, 1997.	21621

(F) As used in this section and in section 3315.18 of the	21622
Revised Code, "student population" means the average, daily,	21623
full-time-equivalent number of students in kindergarten through	21624
twelfth grade receiving any educational services from the school	21625
district during the first full school week in October, excluding	21626
students enrolled in adult education classes, but including all of	21627
the following:	21628

(1) Adjacent or other district students enrolled in the	21629
district under an open enrollment policy pursuant to section	21630
3313.98 of the Revised Code;	21631

(2) Students receiving services in the district pursuant to a	21632
compact, cooperative education agreement, or a contract, but who	21633
are entitled to attend school in another district pursuant to	21634
section 3313.64 or 3313.65 of the Revised Code;	21635

(3) Students for whom tuition is payable pursuant to sections	21636
3317.081 and 3323.141 of the Revised Code.	21637

The department of education shall determine a district's	21638
student population using data reported to it under section 3317.03	21639
of the Revised Code for the applicable fiscal year.	21640

Sec. 3315.18. (A) The board of education of each city,	21641
exempted village, local, and joint vocational school district	21642
shall establish a capital and maintenance fund. Each board	21643
annually shall deposit into that fund an amount derived from	21644
revenues received by the district that would otherwise have been	21645
deposited in the general fund that is equal to three per cent of	21646
the formula amount for the preceding fiscal year, as defined in	21647
section 3317.02 of the Revised Code, or another percentage if	21648
established by the auditor of state under division (B) of this	21649
section, multiplied by the district's student population for the	21650
preceding fiscal year, except that money received from a permanent	21651
improvement levy authorized by section 5705.21 of the Revised Code	21652
may replace general revenue moneys in meeting the requirements of	21653
this section. Money in the fund shall be used solely for	21654
acquisition, replacement, enhancement, maintenance, or repair of	21655
permanent improvements, as that term is defined in section 5705.01	21656
of the Revised Code. Any money in the fund that is not used in any	21657
fiscal year shall carry forward to the next fiscal year.	21658

(B) The state superintendent of public instruction and the	21659
auditor of state jointly shall adopt rules in accordance with	21660
Chapter 119. of the Revised Code defining what constitutes	21661
expenditures permitted by division (A) of this section. The	21662
auditor of state may designate a percentage, other than three per	21663
cent, of the formula amount multiplied by the district's student	21664
population that must be deposited into the fund.	21665

(C) Within its capital and maintenance fund, a school	21666
district board of education may establish a separate account	21667
solely for the purpose of depositing funds transferred from the	21668
district's reserve balance account established under former	21669
division (H) of section 5705.29 of the Revised Code. After ~~the~~	21670
~~effective date of this amendment~~April 10, 2001, a board may	21671
deposit all or part of the funds formerly included in such reserve	21672
balance account in the separate account established under this	21673
section. Funds deposited in this separate account and interest on	21674
such funds shall be utilized solely for the purpose of providing	21675
the district's portion of the basic project costs of any project	21676
undertaken in accordance with Chapter 3318. of the Revised Code.	21677

(D) Notwithstanding division (A) of this section, in any year	21678
a district is in fiscal emergency status as declared pursuant to	21679
section 3316.03 of the Revised Code, the district may deposit an	21680
amount less than required by division (A) of this section, or make	21681
no deposit, into the district capital and maintenance fund for	21682
that year.	21683

(E) Notwithstanding any provision to the contrary in Chapter	21684
4117. of the Revised Code, the requirements of this section	21685
prevail over any conflicting provisions of agreements between	21686
employee organizations and public employers entered into after	21687
November 21, 1997.	21688

Sec. 3315.37. The board of education of a school district	21689
may establish a teacher education loan program and may expend	21690
school funds for the program. The program shall be for the purpose	21691
of making loans to students who are residents of the school	21692
district or graduates of schools in the school district, who are	21693
enrolled in teacher preparation programs at institutions approved	21694
by the state board pursuant to section 3319.23 of the Revised	21695
Code, and who indicate an intent to teach in the school district	21696
providing the loan. The district board may forgive the obligation	21697
to repay any or all of the principal and interest on the loan if	21698
the borrower teaches in that school district.	21699

The district board shall adopt rules establishing eligibility	21700
criteria, application procedures, procedures for review of	21701
applications, loan amounts, interest, repayment schedules,	21702
conditions under which principal and interest obligations incurred	21703
under the program will be forgiven, and any other matter	21704
incidental to the operation of the program.	21705

The board may contract with a private, nonprofit foundation,	21706
one or more institutions of higher education, or other educational	21707
agencies to administer the program.	21708

The receipt of a loan under this section does not affect a	21709
student's eligibility for assistance, or the amount of such	21710
assistance, granted under section 3315.33, 3333.12, 3333.122,	21711
3333.22, 3333.26, 3333.27, 5910.04, or 5919.34 of the Revised	21712
Code, but the board's rules may provide for taking such assistance	21713
into consideration when determining a student's eligibility for a	21714
loan under this section.	21715

Sec. 3316.043. Upon the approval by the superintendent of	21716
public instruction of an initial financial plan under section	21717
3316.04 of the Revised Code or a financial recovery plan under	21718
section 3316.06 of the Revised Code, the board of education of the	21719
school district for which the plan was approved shall revise the	21720
district's five-year projection of revenues and expenditures in	21721
accordance with rules adopted under section 5705.391 of the	21722
Revised Code so that the five-year projection is consistent with	21723
the financial plan or financial recovery plan. In the case of a	21724
school district declared to be in a state of fiscal emergency, the	21725
five-year projection shall be revised by the financial planning	21726
and supervision commission for that district.	21727

Sec. 3316.06. (A) Within one hundred twenty days after the	21728
first meeting of a school district financial planning and	21729
supervision commission, the commission shall adopt a financial	21730
recovery plan regarding the school district for which the	21731
commission was created. During the formulation of the plan, the	21732
commission shall seek appropriate input from the school district	21733
board and from the community. This plan shall contain the	21734
following:	21735

(1) Actions to be taken to:

21736

(a) Eliminate all fiscal emergency conditions declared to	21737
exist pursuant to division (B) of section 3316.03 of the Revised	21738
Code;	21739

(b) Satisfy any judgments, past-due accounts payable, and all	21740
past-due and payable payroll and fringe benefits;	21741

(c) Eliminate the deficits in all deficit funds, except that	21742
any prior year deficits in the textbook and instructional	21743
materials fund established pursuant to section 3315.17 of the	21744
Revised Code and the capital and maintenance fund established	21745
pursuant to section 3315.18 of the Revised Code shall be forgiven;	21746

(d) Restore to special funds any moneys from such funds that	21747
were used for purposes not within the purposes of such funds, or	21748
borrowed from such funds by the purchase of debt obligations of	21749
the school district with the moneys of such funds, or missing from	21750
the special funds and not accounted for, if any;	21751

(e) Balance the budget, avoid future deficits in any funds,	21752
and maintain on a current basis payments of payroll, fringe	21753
benefits, and all accounts;	21754

(f) Avoid any fiscal emergency condition in the future;

21755

(g) Restore the ability of the school district to market	21756
long-term general obligation bonds under provisions of law	21757
applicable to school districts generally.	21758

(2) The management structure that will enable the school	21759
district to take the actions enumerated in division (A)(1) of this	21760
section. The plan shall specify the level of fiscal and management	21761
control that the commission will exercise within the school	21762
district during the period of fiscal emergency, and shall	21763
enumerate respectively, the powers and duties of the commission	21764
and the powers and duties of the school board during that period.	21765
The commission may elect to assume any of the powers and duties of	21766
the school board it considers necessary, including all powers	21767
related to personnel, curriculum, and legal issues in order to	21768
successfully implement the actions described in division (A)(1) of	21769
this section.	21770

(3) The target dates for the commencement, progress upon, and	21771
completion of the actions enumerated in division (A)(1) of this	21772
section and a reasonable period of time expected to be required to	21773
implement the plan. The commission shall prepare a reasonable time	21774
schedule for progress toward and achievement of the requirements	21775
for the plan, and the plan shall be consistent with that time	21776
schedule.	21777

(4) The amount and purpose of any issue of debt obligations	21778
that will be issued, together with assurances that any such debt	21779
obligations that will be issued will not exceed debt limits	21780
supported by appropriate certifications by the fiscal officer of	21781
the school district and the county auditor. Debt obligations	21782
issued pursuant to section 133.301 of the Revised Code shall	21783
include assurances that such debt shall be in an amount not to	21784
exceed the amount certified under division (B) of such section. If	21785
the commission considers it necessary in order to maintain or	21786
improve educational opportunities of pupils in the school	21787
district, the plan may include a proposal to restructure or	21788
refinance outstanding debt obligations incurred by the board under	21789
section 3313.483 of the Revised Code contingent upon the approval,	21790
during the period of the fiscal emergency, by district voters of a	21791
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	21792
5748.02, or 5748.08 of the Revised Code, that is not a renewal or	21793
replacement levy and that will provide new operating revenue.	21794
Notwithstanding any provision of Chapter 133. or sections 3313.483	21795
to 3313.4811 of the Revised Code, following the required approval	21796
of the district voters and with the approval of the commission,	21797
the school district may issue securities to evidence the	21798
restructuring or refinancing. Those securities may extend the	21799
original period for repayment, not to exceed ten years, and may	21800
alter the frequency and amount of repayments, interest or other	21801
financing charges, and other terms of agreements under which the	21802
debt originally was contracted, at the discretion of the	21803
commission, provided that any loans received pursuant to section	21804
3313.483 of the Revised Code shall be paid from funds the district	21805
would otherwise receive under sections 3317.022 to 3317.025 of the	21806
Revised Code, as required under division (E)(3) of section	21807
3313.483 of the Revised Code. The securities issued for the	21808
purpose of restructuring or refinancing the debt shall be repaid	21809
in equal payments and at equal intervals over the term of the debt	21810
and are not eligible to be included in any subsequent proposal for	21811
the purpose of restructuring or refinancing debt under this	21812
section.	21813

(B) Any financial recovery plan may be amended subsequent to	21814
its adoption. Each financial recovery plan shall be updated	21815
annually.	21816

(C) Each school district financial planning and supervision	21817
commission shall submit the financial recovery plan it adopts or	21818
updates under this section to the state superintendent of public	21819
instruction for approval immediately following its adoption or	21820
updating. The state superintendent shall evaluate the plan and	21821
either approve or disapprove it within thirty calendar days from	21822
the date of its submission. If the plan is disapproved, the state	21823
superintendent shall recommend modifications that will render it	21824
acceptable. No financial planning and supervision commission shall	21825
implement a financial recovery plan that is adopted or updated on	21826
or after ~~the effective date of this amendment~~April 10, 2001,	21827
unless the state superintendent has approved it.	21828

Sec. 3316.16. (A) A school district financial planning and	21829
supervision commission, with respect to its functions under this	21830
chapter, shall continue in existence until such time as a	21831
determination is made under division (B) of this section that all	21832
of the following have occurred:	21833

(1) An effective financial accounting and reporting system in	21834
accordance with section 3316.10 of the Revised Code is in the	21835
process of being implemented, and it is reasonably expected that	21836
this implementation will be completed within two years.	21837

(2) All of the fiscal emergency conditions determined	21838
pursuant to division (B) of section 3316.03 of the Revised Code	21839
have been corrected or eliminated, and no new fiscal emergency	21840
conditions have occurred.	21841

(3) The objectives of the financial recovery plan described	21842
in section 3316.06 of the Revised Code are being met.	21843

(4) The school district board has prepared a financial	21844
forecast for a five-year period in accordance with the standards	21845
issued by the auditor of state and an opinion has been rendered by	21846
the auditor of state that the financial forecast is considered to	21847
be nonadverse. The forecast shall display the district's projected	21848
compliance with sections 3315.17 and 3315.18 of the Revised Code	21849
beginning in the year the commission is proposed for termination.	21850

(B) The determination that all conditions listed in division	21851
(A) of this section for the termination of the existence of the	21852
commission and its functions exist may be made either by the	21853
auditor of state or by the commission and shall be certified to	21854
the commission, the auditor of state, the governor, the director	21855
of budget and management, and the budget commission, whereupon	21856
such commission and its functions under this chapter shall	21857
terminate. This determination shall be made by the auditor of	21858
state upon the filing with the auditor of state of a written	21859
request for such a determination by the school district board, the	21860
governor, or the commission, or may be made by the auditor of	21861
state upon the auditor of state's own initiative.	21862

(C) The commission shall prepare and submit at the time of	21863
such certification a final report of its activities, in such form	21864
as is appropriate for the purpose of providing a record of its	21865
activities and assisting other commissions created under this	21866
chapter in the conduct of their functions. All of the books and	21867
records of the commission shall be delivered to the auditor of	21868
state for retention and safekeeping.	21869

(D) Upon receipt of the certification provided for in	21870
division (B) of this section, the director of budget and	21871
management shall follow the procedures set forth in section 126.29	21872
of the Revised Code.	21873

(E) If, at the time of termination of the commission, an	21874
effective financial accounting and reporting system has not been	21875
fully implemented, the auditor of state shall monitor the progress	21876
of implementation and shall exercise authority under this section	21877
and Chapter 117. of the Revised Code to secure full implementation	21878
at the earliest time feasible but within two years after such	21879
termination.	21880

Sec. 3317.01. As used in this section and section 3317.011	21881
of the Revised Code, "school district," unless otherwise	21882
specified, means any city, local, exempted village, joint	21883
vocational, or cooperative education school district and any	21884
educational service center.	21885

This chapter shall be administered by the state board of	21886
education. The superintendent of public instruction shall	21887
calculate the amounts payable to each school district and shall	21888
certify the amounts payable to each eligible district to the	21889
treasurer of the district as provided by this chapter. No moneys	21890
shall be distributed pursuant to this chapter without the approval	21891
of the controlling board.	21892

The state board of education shall, in accordance with	21893
appropriations made by the general assembly, meet the financial	21894
obligations of this chapter.	21895

Annually, the department of education shall calculate and	21896
report to each school district the district's total state and	21897
local funds for providing an adequate basic education to the	21898
district's nonhandicapped students, utilizing the determination in	21899
section 3317.012 of the Revised Code. In addition, the department	21900
shall calculate and report separately for each school district the	21901
district's total state and local funds for providing an adequate	21902
education for its handicapped students, utilizing the	21903
determinations in both sections 3317.012 and 3317.013 of the	21904
Revised Code.	21905

Not later than the thirty-first day of August of each fiscal	21906
year, the department of education shall provide to each school	21907
district and county MR/DD board a preliminary estimate of the	21908
amount of funding that the department calculates the district will	21909
receive under each of divisions (C)(1) and (4) of section 3317.022	21910
of the Revised Code. No later than the first day of December of	21911
each fiscal year, the department shall update that preliminary	21912
estimate.	21913

Moneys distributed pursuant to this chapter shall be	21914
calculated and paid on a fiscal year basis, beginning with the	21915
first day of July and extending through the thirtieth day of June.	21916
The moneys appropriated for each fiscal year shall be distributed	21917
at least monthly to each school district unless otherwise provided	21918
for. The state board shall submit a yearly distribution plan to	21919
the controlling board at its first meeting in July. The state	21920
board shall submit any proposed midyear revision of the plan to	21921
the controlling board in January. Any year-end revision of the	21922
plan shall be submitted to the controlling board in June. If	21923
moneys appropriated for each fiscal year are distributed other	21924
than monthly, such distribution shall be on the same basis for	21925
each school district.	21926

The total amounts paid each month shall constitute, as nearly	21927
as possible, one-twelfth of the total amount payable for the	21928
entire year. ~~Payments~~	21929

Until fiscal year 2007, payments made during the first six	21930
months of the fiscal year may be based on an estimate of the	21931
amounts payable for the entire year. Payments made in the last six	21932
months shall be based on the final calculation of the amounts	21933
payable to each school district for that fiscal year. Payments	21934
made in the last six months may be adjusted, if necessary, to	21935
correct the amounts distributed in the first six months, and to	21936
reflect enrollment increases when such are at least three per	21937
cent. ~~Except~~	21938

Beginning in fiscal year 2007, payments shall be calculated	21939
to reflect the biannual reporting of formula ADM. Payments for	21940
July through December shall be based on the formula ADM, special	21941
education ADM, and vocational education ADM certified in the	21942
spring of the previous fiscal year, and payments for January	21943
through June shall be based on formula ADM, special education ADM,	21944
and vocational education ADM certified in October of the current	21945
fiscal year.	21946

Except as otherwise provided, payments under this chapter	21947
shall be made only to those school districts in which:	21948

(A) The school district, except for any educational service	21949
center and any joint vocational or cooperative education school	21950
district, levies for current operating expenses at least twenty	21951
mills. Levies for joint vocational or cooperative education school	21952
districts or county school financing districts, limited to or to	21953
the extent apportioned to current expenses, shall be included in	21954
this qualification requirement. School district income tax levies	21955
under Chapter 5748. of the Revised Code, limited to or to the	21956
extent apportioned to current operating expenses, shall be	21957
included in this qualification requirement to the extent	21958
determined by the tax commissioner under division (D) of section	21959
3317.021 of the Revised Code.	21960

(B) The school year next preceding the fiscal year for which	21961
such payments are authorized meets the requirement of section	21962
3313.48 or 3313.481 of the Revised Code, with regard to the	21963
minimum number of days or hours school must be open for	21964
instruction with pupils in attendance, for individualized	21965
parent-teacher conference and reporting periods, and for	21966
professional meetings of teachers. This requirement shall be	21967
waived by the superintendent of public instruction if it had been	21968
necessary for a school to be closed because of disease epidemic,	21969
hazardous weather conditions, inoperability of school buses or	21970
other equipment necessary to the school's operation, damage to a	21971
school building, or other temporary circumstances due to utility	21972
failure rendering the school building unfit for school use,	21973
provided that for those school districts operating pursuant to	21974
section 3313.48 of the Revised Code the number of days the school	21975
was actually open for instruction with pupils in attendance and	21976
for individualized parent-teacher conference and reporting periods	21977
is not less than one hundred seventy-five, or for those school	21978
districts operating on a trimester plan the number of days the	21979
school was actually open for instruction with pupils in attendance	21980
not less than seventy-nine days in any trimester, for those school	21981
districts operating on a quarterly plan the number of days the	21982
school was actually open for instruction with pupils in attendance	21983
not less than fifty-nine days in any quarter, or for those school	21984
districts operating on a pentamester plan the number of days the	21985
school was actually open for instruction with pupils in attendance	21986
not less than forty-four days in any pentamester.	21987

A school district shall not be considered to have failed to	21988
comply with this division or section 3313.481 of the Revised Code	21989
because schools were open for instruction but either twelfth grade	21990
students were excused from attendance for up to three days or only	21991
a portion of the kindergarten students were in attendance for up	21992
to three days in order to allow for the gradual orientation to	21993
school of such students.	21994

The superintendent of public instruction shall waive the	21995
requirements of this section with reference to the minimum number	21996
of days or hours school must be in session with pupils in	21997
attendance for the school year succeeding the school year in which	21998
a board of education initiates a plan of operation pursuant to	21999
section 3313.481 of the Revised Code. The minimum requirements of	22000
this section shall again be applicable to such a district	22001
beginning with the school year commencing the second July	22002
succeeding the initiation of one such plan, and for each school	22003
year thereafter.	22004

A school district shall not be considered to have failed to	22005
comply with this division or section 3313.48 or 3313.481 of the	22006
Revised Code because schools were open for instruction but the	22007
length of the regularly scheduled school day, for any number of	22008
days during the school year, was reduced by not more than two	22009
hours due to hazardous weather conditions.	22010

(C) The school district has on file, and is paying in	22011
accordance with, a teachers' salary schedule which complies with	22012
section 3317.13 of the Revised Code.	22013

A board of education or governing board of an educational	22014
service center which has not conformed with other law and the	22015
rules pursuant thereto, shall not participate in the distribution	22016
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	22017
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	22018
and sufficient reason established to the satisfaction of the state	22019
board of education and the state controlling board.	22020

All funds allocated to school districts under this chapter,	22021
except those specifically allocated for other purposes, shall be	22022
used to pay current operating expenses only.	22023

Sec. 3317.012. (A)(1) The general assembly, having analyzed	22024
school district expenditure and cost data for fiscal year 1999,	22025
performed the calculation described in division ~~(B)~~(C) of this	22026
section, adjusted the results for inflation, and added the amounts	22027
described in division (A)(2) of this section, hereby determines	22028
that the base cost of an adequate education per pupil for the	22029
fiscal year beginning July 1, 2001, is $4,814. The base cost per	22030
pupil, reflecting an annual rate of inflation of two and	22031
eight-tenths per cent, is $4,949 for fiscal year 2003. The base	22032
cost per pupil, reflecting an annual rate of inflation of two and	22033
two-tenths per cent, is $5,058 for fiscal year 2004 ~~and~~, $5,169	22034
for fiscal year 2005, $5,283 in fiscal year 2006, and $5,399 in	22035
fiscal year 2007.	22036

(2) The base cost per pupil amounts specified in division	22037
(A)(1) of this section include amounts to reflect the cost to	22038
school districts of increasing the minimum number of high school	22039
academic units required for graduation beginning September 15,	22040
2001, under section 3313.603 of the Revised Code. Analysis of	22041
fiscal year 1999 data revealed that the school districts meeting	22042
the requirements of division ~~(B)~~(C) of this section on average	22043
required high school students to complete a minimum of nineteen	22044
and eight-tenths units to graduate. The general assembly	22045
determines that the cost of funding the additional two-tenths unit	22046
required by section 3313.603 of the Revised Code is $12 per pupil	22047
in fiscal year 2002. This amount was added after the calculation	22048
described in division ~~(B)~~(C) of this section and the adjustment	22049
for inflation from fiscal year 1999 to fiscal year 2002. It is	22050
this total amount, the calculated base cost plus the supplement to	22051
pay for the additional partial unit, that constitutes the base	22052
cost amount specified in division (A)(1) of this section for	22053
fiscal year 2002 and that is inflated to produce the base cost	22054
amounts for fiscal years 2003 through 2005.	22055

(B) In addition, to the per-pupil base cost as determined	22056
under division (A) of this section, the general assembly	22057
determines that the following base funding supplements shall be	22058
paid to school districts in fiscal year 2007:	22059

(1) Base funding for academic intervention services,	22060
calculated according to the following formula:	22061

0.005 X the formula amount X formula ADM X multiple

22062

Where "multiple" equals 0.50 in fiscal year 2007.

22063

(2) Base funding for professional development, calculated	22064
according to the following formula:	22065

(formula ADM / 20) X (0.044484 X formula amount) X multiple

22066

Where "multiple" equals 0.50 in fiscal year 2007.

22067

(3) Base funding for data-based decision making, calculated	22068
according to the following formula:	22069

0.001087 X formula amount X formula ADM

22070

(4) Base funding for professional development regarding	22071
data-based decision making, calculated according to the following	22072
formula:	22073

(0.20 X the district's teacher factor X 0.079082 X

22074

formula amount) + (the district's principal factor X

22075

0.079082 X formula amount)

22076

Where:

22077

(a) For each urban school district, as defined in section	22078
3314.02 of the Revised Code, the district's "teacher factor" is	22079
the district's formula ADM divided by twelve;	22080

(b) For every other school district, the district's "teacher	22081
factor" is the district's formula ADM divided by seventeen;	22082

(c) For all school districts, a district's "principal factor"	22083
is the district's teacher factor divided by twenty.	22084

(C) In determining the base cost stated in division (A) of	22085
this section, capital and debt costs, costs paid for by federal	22086
funds, and costs covered by funds provided for disadvantaged pupil	22087
impact aid and transportation were excluded, as were the effects	22088
on the districts' state funds of the application of the	22089
cost-of-doing-business factors, assuming a seven and one-half per	22090
cent variance.	22091

The base cost for fiscal year 1999 was calculated as the	22092
unweighted average cost per student, on a school district basis,	22093
of educating students who were not receiving vocational education	22094
or services pursuant to Chapter 3323. of the Revised Code and who	22095
were enrolled in a city, exempted village, or local school	22096
district that in fiscal year 1999 met all of the following	22097
criteria:	22098

(1) The district met at least twenty of the following	22099
twenty-seven performance indicators:	22100

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

22101

(b) At least seventy-five per cent of fourth graders	22102
proficient on the mathematics test prescribed under former	22103
division (A)(1) of section 3301.0710 of the Revised Code;	22104

(c) At least seventy-five per cent of fourth graders	22105
proficient on the reading test prescribed under former division	22106
(A)(1) of section 3301.0710 of the Revised Code;	22107

(d) At least seventy-five per cent of fourth graders	22108
proficient on the writing test prescribed under former division	22109
(A)(1) of section 3301.0710 of the Revised Code;	22110

(e) At least seventy-five per cent of fourth graders	22111
proficient on the citizenship test prescribed under former	22112
division (A)(1) of section 3301.0710 of the Revised Code;	22113

(f) At least seventy-five per cent of fourth graders	22114
proficient on the science test prescribed under former division	22115
(A)(1) of section 3301.0710 of the Revised Code;	22116

(g) At least seventy-five per cent of sixth graders	22117
proficient on the mathematics test prescribed under former	22118
division (A)(2) of section 3301.0710 of the Revised Code;	22119

(h) At least seventy-five per cent of sixth graders	22120
proficient on the reading test prescribed under former division	22121
(A)(2) of section 3301.0710 of the Revised Code;	22122

(i) At least seventy-five per cent of sixth graders	22123
proficient on the writing test prescribed under former division	22124
(A)(2) of section 3301.0710 of the Revised Code;	22125

(j) At least seventy-five per cent of sixth graders	22126
proficient on the citizenship test prescribed under former	22127
division (A)(2) of section 3301.0710 of the Revised Code;	22128

(k) At least seventy-five per cent of sixth graders	22129
proficient on the science test prescribed under former division	22130
(A)(2) of section 3301.0710 of the Revised Code;	22131

(l) At least seventy-five per cent of ninth graders	22132
proficient on the mathematics test prescribed under Section 4 of	22133
Am. Sub. S.B. 55 of the 122nd general assembly;	22134

(m) At least seventy-five per cent of ninth graders	22135
proficient on the reading test prescribed under Section 4 of Am.	22136
Sub. S.B. 55 of the 122nd general assembly;	22137

(n) At least seventy-five per cent of ninth graders	22138
proficient on the writing test prescribed under Section 4 of Am.	22139
Sub. S.B. 55 of the 122nd general assembly;	22140

(o) At least seventy-five per cent of ninth graders	22141
proficient on the citizenship test prescribed under Section 4 of	22142
Am. Sub. S.B. 55 of the 122nd general assembly;	22143

(p) At least seventy-five per cent of ninth graders	22144
proficient on the science test prescribed under Section 4 of Am.	22145
Sub. S.B. 55 of the 122nd general assembly;	22146

(q) At least eighty-five per cent of tenth graders proficient	22147
on the mathematics test prescribed under Section 4 of Am. Sub.	22148
S.B. 55 of the 122nd general assembly;	22149

(r) At least eighty-five per cent of tenth graders proficient	22150
on the reading test prescribed under Section 4 of Am. Sub. S.B. 55	22151
of the 122nd general assembly;	22152

(s) At least eighty-five per cent of tenth graders proficient	22153
on the writing test prescribed under Section 4 of Am. Sub. S.B. 55	22154
of the 122nd general assembly;	22155

(t) At least eighty-five per cent of tenth graders proficient	22156
on the citizenship test prescribed under Section 4 of Am. Sub.	22157
S.B. 55 of the 122nd general assembly;	22158

(u) At least eighty-five per cent of tenth graders proficient	22159
on the science test prescribed under Section 4 of Am. Sub. S.B. 55	22160
of the 122nd general assembly;	22161

(v) At least sixty per cent of twelfth graders proficient on	22162
the mathematics test prescribed under former division (A)(3) of	22163
section 3301.0710 of the Revised Code;	22164

(w) At least sixty per cent of twelfth graders proficient on	22165
the reading test prescribed under former division (A)(3) of	22166
section 3301.0710 of the Revised Code;	22167

(x) At least sixty per cent of twelfth graders proficient on	22168
the writing test prescribed under former division (A)(3) of	22169
section 3301.0710 of the Revised Code;	22170

(y) At least sixty per cent of twelfth graders proficient on	22171
the citizenship test prescribed under former division (A)(3) of	22172
section 3301.0710 of the Revised Code;	22173

(z) At least sixty per cent of twelfth graders proficient on	22174
the science test prescribed under former division (A)(3) of	22175
section 3301.0710 of the Revised Code;	22176

(aa) An attendance rate for the year of at least ninety-three	22177
per cent.	22178

In determining whether a school district met any of the	22179
performance standards specified in divisions ~~(B)~~(C)(1)(a) to (aa)	22180
of this section, the general assembly used a rounding procedure	22181
previously recommended by the department of education. It is the	22182
same rounding procedure the general assembly used in 1998 to	22183
determine whether a district had met the standards of former	22184
divisions ~~(B)~~(C)(1)(a) to (r) of this section for purposes of	22185
constructing the previous model based on fiscal year 1996 data.	22186

(2) The district was not among the five per cent of all	22187
districts with the highest income, nor among the five per cent of	22188
all districts with the lowest income.	22189

(3) The district was not among the five per cent of all	22190
districts with the highest valuation per pupil, nor among the five	22191
per cent of all districts with the lowest valuation per pupil.	22192

This model for calculating the base cost of an adequate	22193
education is expenditure-based. The general assembly recognizes	22194
that increases in state funding to school districts since fiscal	22195
year 1996, the fiscal year upon which the general assembly based	22196
its model for calculating state funding to school districts for	22197
fiscal years 1999 through 2001, has increased school district base	22198
cost expenditures for fiscal year 1999, the fiscal year upon which	22199
the general assembly based its model for calculating state funding	22200
for fiscal years 2002 through 2005. In the case of school	22201
districts included in the fiscal year 1999 model that also had met	22202
the fiscal year 1996 performance criteria of former division	22203
~~(B)~~(C)(1) of this section, the increased state funding may have	22204
driven the districts' expenditures beyond the expenditures that	22205
were actually needed to maintain their educational programs at the	22206
level necessary to maintain their ability to meet the fiscal year	22207
1999 performance criteria of current division ~~(B)~~(C)(1) of this	22208
section. The general assembly has determined to control for this	22209
effect by stipulating in the later model that the fiscal year 1999	22210
base cost expenditures of the districts that also met the	22211
performance criteria of former division ~~(B)~~(C)(1) of this section	22212
equals their base cost expenditures per pupil for fiscal year	22213
1996, inflated to fiscal year 1999 using an annual rate of	22214
inflation of two and eight-tenths per cent. However, if this	22215
inflated amount exceeded the district's actual fiscal year 1999	22216
base cost expenditures per pupil, the district's actual fiscal	22217
year 1999 base cost expenditures per pupil were used in the	22218
calculation. For districts in the 1999 model that did not also	22219
meet the performance criteria of former division ~~(B)~~(C)(1) of this	22220
section, the actual 1999 base cost per pupil expenditures were	22221
used in the calculation of the average district per pupil costs of	22222
the model districts.	22223

Sec. 3317.013. This section does not apply to handicapped	22224
preschool students.	22225

Analysis of special education cost data has resulted in a	22226
finding that the average special education additional cost per	22227
pupil, including the costs of related services, can be expressed	22228
as a multiple of the base cost per pupil calculated under section	22229
3317.012 of the Revised Code. The multiples for the following	22230
categories of special education programs, as these programs are	22231
defined for purposes of Chapter 3323. of the Revised Code, and	22232
adjusted as provided in this section, are as follows:	22233

(A) A multiple of 0.2892 for students whose primary or only	22234
identified handicap is a speech and language handicap, as this	22235
term is defined pursuant to Chapter 3323. of the Revised Code;	22236

(B) A multiple of 0.3691 for students identified as specific	22237
learning disabled or developmentally handicapped, as these terms	22238
are defined pursuant to Chapter 3323. of the Revised Code, or	22239
other health handicapped-minor;	22240

(C) A multiple of 1.7695 for students identified as hearing	22241
handicapped, vision impaired, or severe behavior handicapped, as	22242
these terms are defined pursuant to Chapter 3323. of the Revised	22243
Code;	22244

(D) A multiple of 2.3646 for students identified as	22245
orthopedically handicapped, as this term is defined pursuant to	22246
Chapter 3323. of the Revised Code or other health handicapped -	22247
major;	22248

(E) A multiple of 3.1129 for students identified as	22249
multihandicapped, as this term is defined pursuant to Chapter	22250
3323. of the Revised Code;	22251

(F) A multiple of 4.7342 for students identified as autistic,	22252
having traumatic brain injuries, or as both visually and hearing	22253
disabled, as these terms are defined pursuant to Chapter 3323. of	22254
the Revised Code.	22255

In fiscal year 2004, the multiples specified in divisions (A)	22256
to (F) of this section shall be adjusted by multiplying them by	22257
0.88. In fiscal ~~year~~years 2005, 2006, and 2007, the multiples	22258
specified in those divisions shall be adjusted by multiplying them	22259
by 0.90.	22260

Not later than the thirtieth day of May ~~30,~~in 2004, ~~and May~~	22261
~~30,~~ 2005, 2006, and 2007, the department shall submit to the	22262
office of budget and management a report that specifies for each	22263
city, local, exempted village, and joint vocational school	22264
district the fiscal year allocation of the state and local shares	22265
of special education and related services additional weighted	22266
funding and federal special education funds passed through to the	22267
district.	22268

Sec. 3317.02. As used in this chapter:

22269

(A) Unless otherwise specified, "school district" means city,	22270
local, and exempted village school districts.	22271

(B) "Formula amount" means the base cost for the fiscal year	22272
specified in division (A)(1) of section 3317.012 of the Revised	22273
Code.	22274

(C) "FTE basis" means a count of students based on full-time	22275
equivalency, in accordance with rules adopted by the department of	22276
education pursuant to section 3317.03 of the Revised Code. In	22277
adopting its rules under this division, the department shall	22278
provide for counting any student in category one, two, three,	22279
four, five, or six special education ADM or in category one or two	22280
vocational education ADM in the same proportion the student is	22281
counted in formula ADM.	22282

(D)~~(1)~~ "Formula ADM" means, for a city, local, or exempted	22283
village school district, the number reported pursuant to division	22284
(A) of section 3317.03 of the Revised Code less any subtraction	22285
required under section 3317.034 of the Revised Code, and for a	22286
joint vocational school district, the number reported pursuant to	22287
division (D) of ~~that~~ section 3317.03 of the Revised Code less any	22288
subtraction required under section 3317.034 of the Revised Code.	22289

(2) "Adjusted formula ADM" for a city, local, or exempted	22290
village school district means the sum of formula ADM plus the	22291
number of internet- or computer-based community school students	22292
reported under division (B)(3)(e) of section 3317.03 of the	22293
Revised Code plus the number of scholarship students reported	22294
under division (B)(3)(f) of that section.	22295

(E) "Three-year average formula ADM" means the average of	22296
formula ADMs for the current and preceding two fiscal years.	22297
~~However, as applicable in fiscal years 1999 and 2000, the~~	22298
~~three-year average for city, local, and exempted village school~~	22299
~~districts shall be determined utilizing the FY 1997 ADM or FY 1998~~	22300
~~ADM in lieu of formula ADM for fiscal year 1997 or 1998. In fiscal~~	22301
~~years 2000 and 2001, the three-year average for joint vocational~~	22302
~~school districts shall be determined utilizing the average daily~~	22303
~~membership reported in fiscal years 1998 and 1999 under division~~	22304
~~(D) of section 3317.03 of the Revised Code in lieu of formula ADM~~	22305
~~for fiscal years 1998 and 1999.~~	22306

~~(E) "FY 1997 ADM" or "FY 1998 ADM" means the school~~	22307
~~district's average daily membership reported for the applicable~~	22308
~~fiscal year under the version of division (A) of section 3317.03~~	22309
~~of the Revised Code in effect during that fiscal year, adjusted as~~	22310
~~follows:~~	22311

~~(1) Minus the average daily membership of handicapped~~	22312
~~preschool children;~~	22313

~~(2) Minus one-half of the average daily membership attending~~	22314
~~kindergarten;~~	22315

~~(3) Minus three-fourths of the average daily membership~~	22316
~~attending a joint vocational school district;~~	22317

~~(4) Plus the average daily membership entitled under section~~	22318
~~3313.64 or 3313.65 of the Revised Code to attend school in the~~	22319
~~district but receiving educational services in approved units from~~	22320
~~an educational service center or another school district under a~~	22321
~~compact or a cooperative education agreement, as determined by the~~	22322
~~department;~~	22323

~~(5) Minus the average daily membership receiving educational~~	22324
~~services from the district in approved units but entitled under~~	22325
~~section 3313.64 or 3313.65 of the Revised Code to attend school in~~	22326
~~another school district, as determined by the department.~~	22327

(F)(1) "Category one special education ADM" means the average	22328
daily membership of handicapped children receiving special	22329
education services for the handicap specified in division (A) of	22330
section 3317.013 of the Revised Code and reported under division	22331
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	22332

(2) "Category two special education ADM" means the average	22333
daily membership of handicapped children receiving special	22334
education services for those handicaps specified in division (B)	22335
of section 3317.013 of the Revised Code and reported under	22336
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	22337
Code.	22338

(3) "Category three special education ADM" means the average	22339
daily membership of students receiving special education services	22340
for those handicaps specified in division (C) of section 3317.013	22341
of the Revised Code, and reported under division (B)(7) or	22342
(D)(2)(d) of section 3317.03 of the Revised Code.	22343

(4) "Category four special education ADM" means the average	22344
daily membership of students receiving special education services	22345
for those handicaps specified in division (D) of section 3317.013	22346
of the Revised Code and reported under division (B)(8) or	22347
(D)(2)(e) of section 3317.03 of the Revised Code.	22348

(5) "Category five special education ADM" means the average	22349
daily membership of students receiving special education services	22350
for the handicap specified in division (E) of section 3317.013 of	22351
the Revised Code and reported under division (B)(9) or (D)(2)(f)	22352
of section 3317.03 of the Revised Code.	22353

(6) "Category six special education ADM" means the average	22354
daily membership of students receiving special education services	22355
for the handicap specified in division (F) of section 3317.013 of	22356
the Revised Code and reported under division (B)(10) or (D)(2)(g)	22357
of section 3317.03 of the Revised Code.	22358

(7) "Category one vocational education ADM" means the average	22359
daily membership of students receiving vocational education	22360
services described in division (A) of section 3317.014 of the	22361
Revised Code and reported under division (B)(11) or (D)(2)(h) of	22362
section 3317.03 of the Revised Code.	22363

(8) "Category two vocational education ADM" means the average	22364
daily membership of students receiving vocational education	22365
services described in division (B) of section 3317.014 of the	22366
Revised Code and reported under division (B)(12) or (D)(2)(i) of	22367
section 3317.03 of the Revised Code.	22368

(G) "Handicapped preschool child" means a handicapped child,	22369
as defined in section 3323.01 of the Revised Code, who is at least	22370
age three but is not of compulsory school age, as defined in	22371
section 3321.01 of the Revised Code, and who is not currently	22372
enrolled in kindergarten.	22373

(H) "County MR/DD board" means a county board of mental	22374
retardation and developmental disabilities.	22375

(I) "Recognized valuation" means the amount calculated for a	22376
school district pursuant to section 3317.015 of the Revised Code.	22377

(J) "Transportation ADM" means the number of children	22378
reported under division (B)(13) of section 3317.03 of the Revised	22379
Code.	22380

(K) "Average efficient transportation use cost per student"	22381
means a statistical representation of transportation costs as	22382
calculated under division (D)(2) of section 3317.022 of the	22383
Revised Code.	22384

(L) "Taxes charged and payable" means the taxes charged and	22385
payable against real and public utility property after making the	22386
reduction required by section 319.301 of the Revised Code, plus	22387
the taxes levied against tangible personal property.	22388

(M) "Total taxable value" means the sum of the amounts	22389
certified for a city, local, exempted village, or joint vocational	22390
school district under divisions (A)(1) and (2) of section 3317.021	22391
of the Revised Code.	22392

(N) "Cost-of-doing-business factor" means the amount	22393
indicated in this division for the county in which a city, local,	22394
exempted village, or joint vocational school district is located.	22395
If a city, local, or exempted village school district is located	22396
in more than one county, the factor is the amount indicated for	22397
the county to which the district is assigned by the state	22398
department of education. If a joint vocational school district is	22399
located in more than one county, the factor is the amount	22400
indicated for the county in which the joint vocational school with	22401
the greatest formula ADM operated by the district is located.	22402

	COST-OF-DOING-BUSINESS	22403
COUNTY	FACTOR AMOUNT	22404
Adams	1.0035	22405
Allen	1.0206	22406
Ashland	1.0297	22407
Ashtabula	1.0397	22408
Athens	1.0014	22409
Auglaize	1.0247	22410
Belmont	1.0064	22411
Brown	1.0177	22412
Butler	1.0646	22413
Carroll	1.0137	22414
Champaign	1.0446	22415
Clark	1.0447	22416
Clermont	1.0541	22417
Clinton	1.0329	22418
Columbiana	1.0214	22419
Coshocton	1.0173	22420
Crawford	1.0164	22421
Cuyahoga	1.0626	22422
Darke	1.0338	22423
Defiance	1.0146	22424
Delaware	1.0528	22425
Erie	1.0388	22426
Fairfield	1.0366	22427
Fayette	1.0319	22428
Franklin	1.0608	22429
Fulton	1.0330	22430
Gallia	1.0000	22431
Geauga	1.0501	22432
Greene	1.0444	22433
Guernsey	1.0066	22434
Hamilton	1.0750	22435
Hancock	1.0215	22436
Hardin	1.0356	22437
Harrison	1.0074	22438
Henry	1.0318	22439
Highland	1.0148	22440
Hocking	1.0188	22441
Holmes	1.0178	22442
Huron	1.0293	22443
Jackson	1.0138	22444
Jefferson	1.0073	22445
Knox	1.0279	22446
Lake	1.0524	22447
Lawrence	1.0081	22448
Licking	1.0381	22449
Logan	1.0385	22450
Lorain	1.0515	22451
Lucas	1.0390	22452
Madison	1.0488	22453
Mahoning	1.0346	22454
Marion	1.0306	22455
Medina	1.0536	22456
Meigs	1.0026	22457
Mercer	1.0203	22458
Miami	1.0411	22459
Monroe	1.0050	22460
Montgomery	1.0453	22461
Morgan	1.0089	22462
Morrow	1.0301	22463
Muskingum	1.0127	22464
Noble	1.0073	22465
Ottawa	1.0486	22466
Paulding	1.0115	22467
Perry	1.0160	22468
Pickaway	1.0391	22469
Pike	1.0103	22470
Portage	1.0472	22471
Preble	1.0442	22472
Putnam	1.0216	22473
Richland	1.0199	22474
Ross	1.0151	22475
Sandusky	1.0321	22476
Scioto	1.0012	22477
Seneca	1.0223	22478
Shelby	1.0278	22479
Stark	1.0255	22480
Summit	1.0542	22481
Trumbull	1.0351	22482
Tuscarawas	1.0089	22483
Union	1.0500	22484
Van Wert	1.0133	22485
Vinton	1.0095	22486
Warren	1.0658	22487
Washington	1.0060	22488
Wayne	1.0348	22489
Williams	1.0228	22490
Wood	1.0360	22491
Wyandot	1.0171	22492

(O) "Tax exempt value" of a school district means the amount	22493
certified for a school district under division (A)(4) of section	22494
3317.021 of the Revised Code.	22495

(P) "Potential value" of a school district means the	22496
recognized valuation of a school district plus the tax exempt	22497
value of the district.	22498

(Q) "District median income" means the median Ohio adjusted	22499
gross income certified for a school district. On or before the	22500
first day of July of each year, the tax commissioner shall certify	22501
to the department of education for each city, exempted village,	22502
and local school district the median Ohio adjusted gross income of	22503
the residents of the school district determined on the basis of	22504
tax returns filed for the second preceding tax year by the	22505
residents of the district.	22506

(R) "Statewide median income" means the median district	22507
median income of all city, exempted village, and local school	22508
districts in the state.	22509

(S) "Income factor" for a city, exempted village, or local	22510
school district means the quotient obtained by dividing that	22511
district's median income by the statewide median income.	22512

(T) "Medically fragile child" means a child to whom all of	22513
the following apply:	22514

(1) The child requires the services of a doctor of medicine	22515
or osteopathic medicine at least once a week due to the	22516
instability of the child's medical condition.	22517

(2) The child requires the services of a registered nurse on	22518
a daily basis.	22519

(3) The child is at risk of institutionalization in a	22520
hospital, skilled nursing facility, or intermediate care facility	22521
for the mentally retarded.	22522

(U) A child may be identified as "other health	22523
handicapped-major" if the child's condition meets the definition	22524
of "other health impaired" established in rules adopted by the	22525
state board of education prior to July 1, 2001, and if either of	22526
the following apply:	22527

(1) The child is identified as having a medical condition	22528
that is among those listed by the superintendent of public	22529
instruction as conditions where a substantial majority of cases	22530
fall within the definition of "medically fragile child." The	22531
superintendent of public instruction shall issue an initial list	22532
no later than September 1, 2001.	22533

(2) The child is determined by the superintendent of public	22534
instruction to be a medically fragile child. A school district	22535
superintendent may petition the superintendent of public	22536
instruction for a determination that a child is a medically	22537
fragile child.	22538

(V) A child may be identified as "other health	22539
handicapped-minor" if the child's condition meets the definition	22540
of "other health impaired" established in rules adopted by the	22541
state board of education prior to July 1, 2001, but the child's	22542
condition does not meet either of the conditions specified in	22543
division (U)(1) or (2) of this section.	22544

(W) "SF-3 payment" means the sum of the payments to a school	22545
district in a fiscal year under divisions (A), (C)(1), (C)(4),	22546
(D), (E), and (F) of section 3317.022, divisions (J), (P), and (R)	22547
of section 3317.024, and sections 3317.029, 3317.0212, 3317.0216,	22548
3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised	22549
Code after making the adjustments required by sections 3313.981	22550
and 3313.979 of the Revised Code, divisions (B), (C), (D), (E),	22551
(K), (L), (M), and (N) of section 3317.023, and division (C) of	22552
section 3317.20 of the Revised Code.	22553

(X) "Payments in lieu of taxes" means the amount certified by	22554
the director of development for each school district under	22555
division (E) of section 3317.021 of the Revised Code.	22556

(Y) "Incentive district tax-exempt value" means the amount	22557
certified for a school district under division (A)(6) of section	22558
3317.021 of the Revised Code.	22559

Sec. 3317.021. (A) On or before the first day of June of	22560
each year, the tax commissioner shall certify to the department of	22561
education the following information for each city, exempted	22562
village, and local school district, and the information required	22563
by divisions (A)(1) and (2) of this section for each joint	22564
vocational school district, and it shall be used, along with the	22565
information certified under division (B) of this section, in	22566
making the computations for the district under sections 3317.022	22567
and 3317.0217 or section 3317.16 of the Revised Code:	22568

(1) The taxable value of real and public utility real	22569
property in the school district subject to taxation in the	22570
preceding tax year, by class and by county of location;	22571

(2) The taxable value of tangible personal property,	22572
including public utility personal property, subject to taxation by	22573
the district for the preceding tax year;	22574

(3)(a) The total property tax rate and total taxes charged	22575
and payable for the current expenses for the preceding tax year	22576
and the total property tax rate and the total taxes charged and	22577
payable to a joint vocational district for the preceding tax year	22578
that are limited to or to the extent apportioned to current	22579
expenses;	22580

(b) The portion of the amount of taxes charged and payable	22581
reported for each city, local, and exempted village school	22582
district under division (A)(3)(a) of this section attributable to	22583
a joint vocational school district.	22584

(4) The value of all real and public utility real property in	22585
the school district exempted from taxation minus both of the	22586
following:	22587

(a) The value of real and public utility real property in the	22588
district owned by the United States government and used	22589
exclusively for a public purpose;	22590

(b) The value of real and public utility real property in the	22591
district exempted from taxation under Chapter 725. or 1728. or	22592
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	22593
5709.73, or 5709.78 of the Revised Code.	22594

(5) The total federal adjusted gross income of the residents	22595
of the school district, based on tax returns filed by the	22596
residents of the district, for the most recent year for which this	22597
information is available.	22598

(6) The total value of real property in the school district	22599
exempted from taxation under division (C) of section 5709.40,	22600
division (C) of section 5709.73, or division (B) of section	22601
5709.78 of the Revised Code as indicated on the list of exempted	22602
property for the preceding tax year under section 5713.08 of the	22603
Revised Code and as if such property had been assessed for	22604
taxation that year.	22605

(B) On or before the first day of May each year, the tax	22606
commissioner shall certify to the department of education the	22607
total taxable real property value of railroads and, separately,	22608
the total taxable tangible personal property value of all public	22609
utilities for the preceding tax year, by school district and by	22610
county of location.	22611

(C) If a public utility has properly and timely filed a	22612
petition for reassessment under section 5727.47 of the Revised	22613
Code with respect to an assessment issued under section 5727.23 of	22614
the Revised Code affecting taxable property apportioned by the tax	22615
commissioner to a school district, the taxable value of public	22616
utility tangible personal property included in the certification	22617
under divisions (A)(2) and (B) of this section for the school	22618
district shall include only the amount of taxable value on the	22619
basis of which the public utility paid tax for the preceding year	22620
as provided in division (B)(1) or (2) of section 5727.47 of the	22621
Revised Code.	22622

(D) If on the basis of the information certified under	22623
division (A) of this section, the department determines that any	22624
district fails in any year to meet the qualification requirement	22625
specified in division (A) of section 3317.01 of the Revised Code,	22626
the department shall immediately request the tax commissioner to	22627
determine the extent to which any school district income tax	22628
levied by the district under Chapter 5748. of the Revised Code	22629
shall be included in meeting that requirement. Within five days of	22630
receiving such a request from the department, the tax commissioner	22631
shall make the determination required by this division and report	22632
the quotient obtained under division (D)(3) of this section to the	22633
department. This quotient represents the number of mills that the	22634
department shall include in determining whether the district meets	22635
the qualification requirement of division (A) of section 3317.01	22636
of the Revised Code.	22637

The tax commissioner shall make the determination required by	22638
this division as follows:	22639

(1) Multiply one mill times the total taxable value of the	22640
district as determined in divisions (A)(1) and (2) of this	22641
section;	22642

(2) Estimate the total amount of tax liability for the	22643
current tax year under taxes levied by Chapter 5748. of the	22644
Revised Code that are apportioned to current operating expenses of	22645
the district;	22646

(3) Divide the amount estimated under division (D)(2) of this	22647
section by the product obtained under division (D)(1) of this	22648
section.	22649

(E) On or before the thirty-first day after the effective	22650
date of this amendment, and on or before the first day of June of	22651
each year thereafter, the director of development shall certify to	22652
the department of education the total amount of payments in lieu	22653
of taxes received by each city, exempted village, and local school	22654
district during the preceding tax year under division (B) of	22655
section 5709.82 of the Revised Code or otherwise in relation to	22656
exemptions from taxation granted under Chapter 725. or 1728. of	22657
the Revised Code, sections 3735.65 to 3735.70 of the Revised Code,	22658
or section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	22659
Revised Code. For this purpose, whenever any city, exempted	22660
village, or local school district enters into a contract or	22661
agreement with another party to receive such payments, the	22662
treasurer of the district shall report to the director of	22663
development the total amounts of such payments the district will	22664
receive each tax year pursuant to the contract or agreement. The	22665
state board of education, in accordance with sections 3319.31 and	22666
3319.311 of the Revised Code, may suspend or revoke the license of	22667
a school district treasurer found to have willfully reported	22668
erroneous, inaccurate, or incomplete data under this division.	22669

Sec. 3317.022. (A)~~(1)~~ The department of education shall	22670
compute and distribute state base cost funding to each school	22671
district for the fiscal year in accordance with ~~the following~~	22672
~~formula~~division (A) of this section, making any adjustment	22673
required by division (A)~~(2)~~(3) of this section and using the	22674
information obtained under section 3317.021 of the Revised Code in	22675
the calendar year in which the fiscal year begins.	22676

~~Compute the following~~(1) In fiscal year 2006, state base	22677
cost funding for each eligible district shall be computed as	22678
follows:	22679

(cost-of-doing-business factor X

22680

the formula amount X

22681

adjusted formula ADM) -

22682

[(.023 X recognized valuation)

22683

plus (0.50 X payments in lieu of taxes)]

22684

(2) Beginning in fiscal year 2007, state base cost funding	22685
for each eligible district shall be computed as the greater of the	22686
amount calculated under division (A)(2)(a) or (b) of this section	22687
minus [(0.023 times recognized valuation) plus (0.50 X payments in	22688
lieu of taxes)].	22689

Accordingly, beginning in fiscal year 2007, the department	22690
shall calculate both of the following for each eligible district:	22691

(a) Cost-of-doing-business factor for fiscal year 2006 X	22692
formula amount for fiscal year 2006 X adjusted formula ADM for	22693
fiscal year 2006;	22694

(b) (Formula amount for the current fiscal year X current	22695
adjusted formula ADM) + the sum of the base funding supplements	22696
prescribed in divisions (B)(1) to (4) of section 3317.012 of the	22697
Revised Code.	22698

A district's base cost funding shall be the greater of the	22699
amount computed under division (A)(1)(a) or (b) of this section	22700
minus (0.023 times the sum of recognized valuation and incentive	22701
district tax exempt value).	22702

If the difference obtained is a negative number, the	22703
district's computation shall be zero.	22704

~~(2)~~(3)(a) For each school district for which the tax exempt	22705
value of the district equals or exceeds twenty-five per cent of	22706
the potential value of the district, the department of education	22707
shall calculate the difference between the district's tax exempt	22708
value and twenty-five per cent of the district's potential value.	22709

(b) For each school district to which division (A)~~(2)~~(3)(a)	22710
of this section applies, the department shall adjust the	22711
recognized valuation used in the calculation under division (A)(1)	22712
or (2) of this section by subtracting from it the amount	22713
calculated under division (A)~~(2)~~(3)(a) of this section.	22714

(B) As used in this section:

22715

(1) The "total special education weight" for a district means	22716
the sum of the following amounts:	22717

(a) The district's category one special education ADM	22718
multiplied by the multiple specified in division (A) of section	22719
3317.013 of the Revised Code;	22720

(b) The district's category two special education ADM	22721
multiplied by the multiple specified in division (B) of section	22722
3317.013 of the Revised Code;	22723

(c) The district's category three special education ADM	22724
multiplied by the multiple specified in division (C) of section	22725
3317.013 of the Revised Code;	22726

(d) The district's category four special education ADM	22727
multiplied by the multiple specified in division (D) of section	22728
3317.013 of the Revised Code;	22729

(e) The district's category five special education ADM	22730
multiplied by the multiple specified in division (E) of section	22731
3317.013 of the Revised Code;	22732

(f) The district's category six special education ADM	22733
multiplied by the multiple specified in division (F) of section	22734
3317.013 of the Revised Code.	22735

(2) "State share percentage" means the percentage calculated	22736
for a district as follows:	22737

(a) Calculate the state base cost funding amount for the	22738
district for the fiscal year under division (A) of this section.	22739
If the district would not receive any state base cost funding for	22740
that year under that division, the district's state share	22741
percentage is zero.	22742

(b) If the district would receive state base cost funding	22743
under that division, in fiscal year 2006 divide that amount by an	22744
amount equal to the following:	22745

Cost-of-doing-business factor X

22746

the formula amount X

22747

adjusted formula ADM

22748

(c) If the district would receive base cost funding under	22749
that division, in fiscal year 2007 or thereafter divide that	22750
amount by an amount equal to the greater of the following:	22751

(i) Cost-of-doing-business factor for fiscal year 2006 X	22752
formula amount for fiscal year 2006 X adjusted formula ADM for	22753
fiscal year 2006;	22754

(ii) (Formula amount for the current fiscal year X current	22755
adjusted formula ADM) + the sum of the base funding supplements	22756
prescribed in divisions (B)(1) to (4) of section 3317.012 of the	22757
Revised Code.	22758

The resultant number in division (B)(2)(b) or (c) of this	22759
section is the district's state share percentage.	22760

(3) "Related services" includes:

22761

(a) Child study, special education supervisors and	22762
coordinators, speech and hearing services, adaptive physical	22763
development services, occupational or physical therapy, teacher	22764
assistants for handicapped children whose handicaps are described	22765
in division (B) of section 3317.013 or division (F)(3) of section	22766
3317.02 of the Revised Code, behavioral intervention, interpreter	22767
services, work study, nursing services, and specialized	22768
integrative services as those terms are defined by the department;	22769

(b) Speech and language services provided to any student with	22770
a handicap, including any student whose primary or only handicap	22771
is a speech and language handicap;	22772

(c) Any related service not specifically covered by other	22773
state funds but specified in federal law, including but not	22774
limited to, audiology and school psychological services;	22775

(d) Any service included in units funded under former	22776
division (O)(1) of section 3317.023 of the Revised Code;	22777

(e) Any other related service needed by handicapped children	22778
in accordance with their individualized education plans.	22779

(4) The "total vocational education weight" for a district	22780
means the sum of the following amounts:	22781

(a) The district's category one vocational education ADM	22782
multiplied by the multiple specified in division (A) of section	22783
3317.014 of the Revised Code;	22784

(b) The district's category two vocational education ADM	22785
multiplied by the multiple specified in division (B) of section	22786
3317.014 of the Revised Code.	22787

(C)(1) The department shall compute and distribute state	22788
special education and related services additional weighted costs	22789
funds to each school district in accordance with the following	22790
formula:	22791

The district's state share percentage

22792

X the formula amount for the year

22793

for which the aid is calculated

22794

X the district's total special education weight

22795

(2) The attributed local share of special education and	22796
related services additional weighted costs equals:	22797

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

22798

the district's total special education weight X

22799

the formula amount

22800

(3)(a) The department shall compute and pay in accordance	22801
with this division additional state aid to school districts for	22802
students in categories two through six special education ADM. If a	22803
district's costs for the fiscal year for a student in its	22804
categories two through six special education ADM exceed the	22805
threshold catastrophic cost for serving the student, the district	22806
may submit to the superintendent of public instruction	22807
documentation, as prescribed by the superintendent, of all its	22808
costs for that student. Upon submission of documentation for a	22809
student of the type and in the manner prescribed, the department	22810
shall pay to the district an amount equal to the sum of the	22811
following:	22812

(i) One-half of the district's costs for the student in	22813
excess of the threshold catastrophic cost;	22814

(ii) The product of one-half of the district's costs for the	22815
student in excess of the threshold catastrophic cost multiplied by	22816
the district's state share percentage.	22817

(b) For purposes of division (C)(3)(a) of this section, the	22818
threshold catastrophic cost for serving a student equals:	22819

(i) For a student in the school district's category two,	22820
three, four, or five special education ADM, twenty-five thousand	22821
dollars in fiscal year 2002 ~~and~~, twenty-five thousand seven	22822
hundred dollars in fiscal years 2003, 2004, and 2005, and	22823
twenty-six thousand five hundred dollars in fiscal years 2006 and	22824
2007;	22825

(ii) For a student in the district's category six special	22826
education ADM, thirty thousand dollars in fiscal year 2002 ~~and~~,	22827
thirty thousand eight hundred forty dollars in fiscal years 2003,	22828
2004, and 2005, and thirty-one thousand eight hundred dollars in	22829
fiscal years 2006 and 2007.	22830

(c) The district shall only report under division (C)(3)(a)	22831
of this section, and the department shall only pay for, the costs	22832
of educational expenses and the related services provided to the	22833
student in accordance with the student's individualized education	22834
program. Any legal fees, court costs, or other costs associated	22835
with any cause of action relating to the student may not be	22836
included in the amount.	22837

(4)(a) As used in this division, the "personnel allowance"	22838
means thirty thousand dollars in fiscal years 2002, 2003, 2004,	22839
~~and~~, 2005, 2006, and 2007.	22840

(b) For the provision of speech language pathology services	22841
to students, including students who do not have individualized	22842
education programs prepared for them under Chapter 3323. of the	22843
Revised Code, and for no other purpose, the department of	22844
education shall pay each school district an amount calculated	22845
under the following formula:	22846

(formula ADM divided by 2000) X

22847

the personnel allowance X the state share percentage

22848

(5) In ~~any~~ fiscal year 2006, a school district shall spend	22849
for purposes that the department designates as approved for	22850
special education and related services expenses at least the	22851
amount calculated as follows:	22852

(cost-of-doing-business factor X

22853

formula amount X the sum of categories

22854

one through six special education ADM) +	22855

(total special education weight X formula amount)

22856

In fiscal year 2007 and thereafter, a school district shall	22857
spend for those purposes at least the greater of the amount	22858
calculated under division (C)(5)(a) or (b) of this section +	22859
(total special education weight X formula amount).	22860

In making the calculation required under division (C)(5) of	22861
this section, the department shall calculate for each school	22862
district both of the following:	22863

(a) Cost-of-doing-business factor for fiscal year 2006 X	22864
formula amount for fiscal year 2006 X the sum of categories one	22865
through six special education ADM for fiscal year 2006;	22866

(b) Formula amount for the current fiscal year X the sum of	22867
categories one through six special education ADM for the current	22868
fiscal year.	22869

The purposes approved by the department for special education	22870
expenses shall include, but shall not be limited to,	22871
identification of handicapped children, compliance with state	22872
rules governing the education of handicapped children and	22873
prescribing the continuum of program options for handicapped	22874
children, provision of speech language pathology services, and the	22875
portion of the school district's overall administrative and	22876
overhead costs that are attributable to the district's special	22877
education student population.	22878

The department shall require school districts to report data	22879
annually to allow for monitoring compliance with division (C)(5)	22880
of this section. The department shall annually report to the	22881
governor and the general assembly the amount of money spent by	22882
each school district for special education and related services.	22883

(6) In any fiscal year, a school district shall spend for the	22884
provision of speech language pathology services not less than the	22885
sum of the amount calculated under division (C)(1) of this section	22886
for the students in the district's category one special education	22887
ADM and the amount calculated under division (C)(4) of this	22888
section.	22889

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

22890

(a) "Daily bus miles per student" equals the number of bus	22891
miles traveled per day, divided by transportation base.	22892

(b) "Transportation base" equals total student count as	22893
defined in section 3301.011 of the Revised Code, minus the number	22894
of students enrolled in preschool handicapped units, plus the	22895
number of nonpublic school students included in transportation	22896
ADM.	22897

(c) "Transported student percentage" equals transportation	22898
ADM divided by transportation base.	22899

(d) "Transportation cost per student" equals total operating	22900
costs for board-owned or contractor-operated school buses divided	22901
by transportation base.	22902

(2) Analysis of student transportation cost data has resulted	22903
in a finding that an average efficient transportation use cost per	22904
student can be calculated by means of a regression formula that	22905
has as its two independent variables the number of daily bus miles	22906
per student and the transported student percentage. For fiscal	22907
year 1998 transportation cost data, the average efficient	22908
transportation use cost per student is expressed as follows:	22909

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

22910

(116.25573 X transported student percentage)

22911

The department of education shall annually determine the	22912
average efficient transportation use cost per student in	22913
accordance with the principles stated in division (D)(2) of this	22914
section, updating the intercept and regression coefficients of the	22915
regression formula modeled in this division, based on an annual	22916
statewide analysis of each school district's daily bus miles per	22917
student, transported student percentage, and transportation cost	22918
per student data. The department shall conduct the annual update	22919
using data, including daily bus miles per student, transported	22920
student percentage, and transportation cost per student data, from	22921
the prior fiscal year. The department shall notify the office of	22922
budget and management of such update by the fifteenth day of	22923
February of each year.	22924

(3) In addition to funds paid under divisions (A), (C), and	22925
(E) of this section, each district with a transported student	22926
percentage greater than zero shall receive a payment equal to a	22927
percentage of the product of the district's transportation base	22928
from the prior fiscal year times the annually updated average	22929
efficient transportation use cost per student, times an inflation	22930
factor of two and eight tenths per cent to account for the	22931
one-year difference between the data used in updating the formula	22932
and calculating the payment and the year in which the payment is	22933
made. The percentage shall be the following percentage of that	22934
product specified for the corresponding fiscal year:	22935

FISCAL YEAR	PERCENTAGE	22936
2000	52.5%	22937
2001	55%	22938
2002	57.5%	22939
2003 and thereafter	The greater of 60% or the district's state share percentage	22940

The payments made under division (D)(3) of this section each	22941
year shall be calculated based on all of the same prior year's	22942
data used to update the formula.	22943

(4) In addition to funds paid under divisions (D)(2) and (3)	22944
of this section, a school district shall receive a rough road	22945
subsidy if both of the following apply:	22946

(a) Its county rough road percentage is higher than the	22947
statewide rough road percentage, as those terms are defined in	22948
division (D)(5) of this section;	22949

(b) Its district student density is lower than the statewide	22950
student density, as those terms are defined in that division.	22951

(5) The rough road subsidy paid to each district meeting the	22952
qualifications of division (D)(4) of this section shall be	22953
calculated in accordance with the following formula:	22954

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

22955

density multiplier

22956

where:

22957

(a) "Per rough mile subsidy" equals the amount calculated in	22958
accordance with the following formula:	22959

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

22960

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

22961

statewide rough road percentage)]}

22962

(i) "Maximum rough road percentage" means the highest county	22963
rough road percentage in the state.	22964

(ii) "County rough road percentage" equals the percentage of	22965
the mileage of state, municipal, county, and township roads that	22966
is rated by the department of transportation as type A, B, C, E2,	22967
or F in the county in which the school district is located or, if	22968
the district is located in more than one county, the county to	22969
which it is assigned for purposes of determining its	22970
cost-of-doing-business factor.	22971

(iii) "Statewide rough road percentage" means the percentage	22972
of the statewide total mileage of state, municipal, county, and	22973
township roads that is rated as type A, B, C, E2, or F by the	22974
department of transportation.	22975

(b) "Total rough road miles" means a school district's total	22976
bus miles traveled in one year times its county rough road	22977
percentage.	22978

(c) "Density multiplier" means a figure calculated in	22979
accordance with the following formula:	22980

1 - [(minimum student density - district student

22981

density)/(minimum student density -

22982

statewide student density)]

22983

(i) "Minimum student density" means the lowest district	22984
student density in the state.	22985

(ii) "District student density" means a school district's	22986
transportation base divided by the number of square miles in the	22987
district.	22988

(iii) "Statewide student density" means the sum of the	22989
transportation bases for all school districts divided by the sum	22990
of the square miles in all school districts.	22991

(6) In addition to funds paid under divisions (D)(2) to (5)	22992
of this section, each district shall receive in accordance with	22993
rules adopted by the state board of education a payment for	22994
students transported by means other than board-owned or	22995
contractor-operated buses and whose transportation is not funded	22996
under division (J) of section 3317.024 of the Revised Code. The	22997
rules shall include provisions for school district reporting of	22998
such students.	22999

(E)(1) The department shall compute and distribute state	23000
vocational education additional weighted costs funds to each	23001
school district in accordance with the following formula:	23002

state share percentage X

23003

the formula amount X

23004

total vocational education weight

23005

In any fiscal year, a school district receiving funds under	23006
division (E)(1) of this section shall spend those funds only for	23007
the purposes that the department designates as approved for	23008
vocational education expenses. Vocational educational expenses	23009
approved by the department shall include only expenses connected	23010
to the delivery of career-technical programming to	23011
career-technical students. The department shall require the school	23012
district to report data annually so that the department may	23013
monitor the district's compliance with the requirements regarding	23014
the manner in which funding received under division (E)(1) of this	23015
section may be spent.	23016

(2) The department shall compute for each school district	23017
state funds for vocational education associated services in	23018
accordance with the following formula:	23019

state share percentage X .05 X

23020

the formula amount X the sum of categories one and two

23021

vocational education ADM

23022

In any fiscal year, a school district receiving funds under	23023
division (E)(2) of this section, or through a transfer of funds	23024
pursuant to division (L) of section 3317.023 of the Revised Code,	23025
shall spend those funds only for the purposes that the department	23026
designates as approved for vocational education associated	23027
services expenses, which may include such purposes as	23028
apprenticeship coordinators, coordinators for other vocational	23029
education services, vocational evaluation, and other purposes	23030
designated by the department. The department may deny payment	23031
under division (E)(2) of this section to any district that the	23032
department determines is not operating those services or is using	23033
funds paid under division (E)(2) of this section, or through a	23034
transfer of funds pursuant to division (L) of section 3317.023 of	23035
the Revised Code, for other purposes.	23036

(F) The actual local share in any fiscal year for the	23037
combination of special education and related services additional	23038
weighted costs funding calculated under division (C)(1) of this	23039
section, transportation funding calculated under divisions (D)(2)	23040
and (3) of this section, and vocational education and associated	23041
services additional weighted costs funding calculated under	23042
divisions (E)(1) and (2) of this section shall not exceed for any	23043
school district the product of three and three-tenths mills times	23044
the district's recognized valuation. The department annually shall	23045
pay each school district as an excess cost supplement any amount	23046
by which the sum of the district's attributed local shares for	23047
that funding exceeds that product. For purposes of calculating the	23048
excess cost supplement:	23049

(1) The attributed local share for special education and	23050
related services additional weighted costs funding is the amount	23051
specified in division (C)(2) of this section.	23052

(2) The attributed local share of transportation funding	23053
equals the difference of the total amount calculated for the	23054
district using the formula developed under division (D)(2) of this	23055
section minus the actual amount paid to the district after	23056
applying the percentage specified in division (D)(3) of this	23057
section.	23058

(3) The attributed local share of vocational education and	23059
associated services additional weighted costs funding is the	23060
amount determined as follows:	23061

(1 - state share percentage) X

23062

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

23063

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

23064

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	23065
Revised Code, the amounts required to be paid to a district under	23066
this chapter shall be adjusted by the amount of the computations	23067
made under divisions (B) to ~~(M)~~(N) of this section.	23068

As used in this section:

23069

(1) "Classroom teacher" means a licensed employee who	23070
provides direct instruction to pupils, excluding teachers funded	23071
from money paid to the district from federal sources; educational	23072
service personnel; and vocational and special education teachers.	23073

(2) "Educational service personnel" shall not include such	23074
specialists funded from money paid to the district from federal	23075
sources or assigned full-time to vocational or special education	23076
students and classes and may only include those persons employed	23077
in the eight specialist areas in a pattern approved by the	23078
department of education under guidelines established by the state	23079
board of education.	23080

(3) "Annual salary" means the annual base salary stated in	23081
the state minimum salary schedule for the performance of the	23082
teacher's regular teaching duties that the teacher earns for	23083
services rendered for the first full week of October of the fiscal	23084
year for which the adjustment is made under division (C) of this	23085
section. It shall not include any salary payments for supplemental	23086
teachers contracts.	23087

(4) "Regular student population" means the formula ADM plus	23088
the number of students reported as enrolled in the district	23089
pursuant to division (A)(1) of section 3313.981 of the Revised	23090
Code; minus the number of students reported under division (A)(2)	23091
of section 3317.03 of the Revised Code; minus the FTE of students	23092
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	23093
of that section who are enrolled in a vocational education class	23094
or receiving special education; and minus twenty per cent of the	23095
students enrolled concurrently in a joint vocational school	23096
district.	23097

(5) "State share percentage" has the same meaning as in	23098
section 3317.022 of the Revised Code.	23099

(6) "VEPD" means a school district or group of school	23100
districts designated by the department of education as being	23101
responsible for the planning for and provision of vocational	23102
education services to students within the district or group.	23103

(7) "Lead district" means a school district, including a	23104
joint vocational school district, designated by the department as	23105
a VEPD, or designated to provide primary vocational education	23106
leadership within a VEPD composed of a group of districts.	23107

(B) If the district employs less than one full-time	23108
equivalent classroom teacher for each twenty-five pupils in the	23109
regular student population in any school district, deduct the sum	23110
of the amounts obtained from the following computations:	23111

(1) Divide the number of the district's full-time equivalent	23112
classroom teachers employed by one twenty-fifth;	23113

(2) Subtract the quotient in (1) from the district's regular	23114
student population;	23115

(3) Multiply the difference in (2) by seven hundred fifty-two	23116
dollars.	23117

(C) If a positive amount, add one-half of the amount obtained	23118
by multiplying the number of full-time equivalent classroom	23119
teachers by:	23120

(1) The mean annual salary of all full-time equivalent	23121
classroom teachers employed by the district at their respective	23122
training and experience levels minus;	23123

(2) The mean annual salary of all such teachers at their	23124
respective levels in all school districts receiving payments under	23125
this section.	23126

The number of full-time equivalent classroom teachers used in	23127
this computation shall not exceed one twenty-fifth of the	23128
district's regular student population. In calculating the	23129
district's mean salary under this division, those full-time	23130
equivalent classroom teachers with the highest training level	23131
shall be counted first, those with the next highest training level	23132
second, and so on, in descending order. Within the respective	23133
training levels, teachers with the highest years of service shall	23134
be counted first, the next highest years of service second, and so	23135
on, in descending order.	23136

(D) This division does not apply to a school district that	23137
has entered into an agreement under division (A) of section	23138
3313.42 of the Revised Code. Deduct the amount obtained from the	23139
following computations if the district employs fewer than five	23140
full-time equivalent educational service personnel, including	23141
elementary school art, music, and physical education teachers,	23142
counselors, librarians, visiting teachers, school social workers,	23143
and school nurses for each one thousand pupils in the regular	23144
student population:	23145

(1) Divide the number of full-time equivalent educational	23146
service personnel employed by the district by five	23147
one-thousandths;	23148

(2) Subtract the quotient in (1) from the district's regular	23149
student population;	23150

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

23151

(E) If a local school district, or a city or exempted village	23152
school district to which a governing board of an educational	23153
service center provides services pursuant to section 3313.843 of	23154
the Revised Code, deduct the amount of the payment required for	23155
the reimbursement of the governing board under section 3317.11 of	23156
the Revised Code.	23157

(F)(1) If the district is required to pay to or entitled to	23158
receive tuition from another school district under division (C)(2)	23159
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	23160
or if the superintendent of public instruction is required to	23161
determine the correct amount of tuition and make a deduction or	23162
credit under section 3317.08 of the Revised Code, deduct and	23163
credit such amounts as provided in division (J) of section 3313.64	23164
or section 3317.08 of the Revised Code.	23165

(2) For each child for whom the district is responsible for	23166
tuition or payment under division (A)(1) of section 3317.082 or	23167
section 3323.091 of the Revised Code, deduct the amount of tuition	23168
or payment for which the district is responsible.	23169

(G) If the district has been certified by the superintendent	23170
of public instruction under section 3313.90 of the Revised Code as	23171
not in compliance with the requirements of that section, deduct an	23172
amount equal to ten per cent of the amount computed for the	23173
district under section 3317.022 of the Revised Code.	23174

(H) If the district has received a loan from a commercial	23175
lending institution for which payments are made by the	23176
superintendent of public instruction pursuant to division (E)(3)	23177
of section 3313.483 of the Revised Code, deduct an amount equal to	23178
such payments.	23179

(I)(1) If the district is a party to an agreement entered	23180
into under division (D), (E), or (F) of section 3311.06 or	23181
division (B) of section 3311.24 of the Revised Code and is	23182
obligated to make payments to another district under such an	23183
agreement, deduct an amount equal to such payments if the district	23184
school board notifies the department in writing that it wishes to	23185
have such payments deducted.	23186

(2) If the district is entitled to receive payments from	23187
another district that has notified the department to deduct such	23188
payments under division (I)(1) of this section, add the amount of	23189
such payments.	23190

(J) If the district is required to pay an amount of funds to	23191
a cooperative education district pursuant to a provision described	23192
by division (B)(4) of section 3311.52 or division (B)(8) of	23193
section 3311.521 of the Revised Code, deduct such amounts as	23194
provided under that provision and credit those amounts to the	23195
cooperative education district for payment to the district under	23196
division (B)(1) of section 3317.19 of the Revised Code.	23197

(K)(1) If a district is educating a student entitled to	23198
attend school in another district pursuant to a shared education	23199
contract, compact, or cooperative education agreement other than	23200
an agreement entered into pursuant to section 3313.842 of the	23201
Revised Code, credit to that educating district on an FTE basis	23202
the amounts prescribed in division (K)(1)(a) or (b) of this	23203
section as follows:	23204

(a) In fiscal year 2006, credit both of the following:

23205

~~(a)~~(i) An amount equal to the formula amount times the cost	23206
of doing business factor of the school district where the student	23207
is entitled to attend school pursuant to section 3313.64 or	23208
3313.65 of the Revised Code;	23209

~~(b)~~(ii) An amount equal to the formula amount times the state	23210
share percentage times any multiple applicable to the student	23211
pursuant to section 3317.013 or 3317.014 of the Revised Code.	23212

(b) In fiscal year 2007 and thereafter, credit both of the	23213
following:	23214

(i) An amount equal to the greater of either the product of	23215
the fiscal year 2006 formula amount times the fiscal year 2006	23216
cost-of-doing-business factor of the school district where the	23217
student is entitled to attend school pursuant to section 3313.64	23218
or 3313.65 of the Revised Code or the sum of the current formula	23219
amount plus the per pupil amount of the base funding supplements	23220
specified in divisions (B)(1) to (4) of section 3317.012 of the	23221
Revised Code.	23222

(ii) An amount equal to the current formula amount times the	23223
state share percentage times any multiple applicable to the	23224
student pursuant to section 3317.013 or 3317.014 of the Revised	23225
Code.	23226

(2) Deduct any amount credited pursuant to division (K)(1) of	23227
this section from amounts paid to the school district in which the	23228
student is entitled to attend school pursuant to section 3313.64	23229
or 3313.65 of the Revised Code.	23230

(3) If the district is required by a shared education	23231
contract, compact, or cooperative education agreement to make	23232
payments to an educational service center, deduct the amounts from	23233
payments to the district and add them to the amounts paid to the	23234
service center pursuant to section 3317.11 of the Revised Code.	23235

(L)(1) If a district, including a joint vocational school	23236
district, is a lead district of a VEPD, credit to that district	23237
the amounts calculated for all the school districts within that	23238
VEPD pursuant to division (E)(2) of section 3317.022 of the	23239
Revised Code.	23240

(2) Deduct from each appropriate district that is not a lead	23241
district, the amount attributable to that district that is	23242
credited to a lead district under division (L)(1) of this section.	23243

(M) If the department pays a joint vocational school district	23244
under division (G)(4) of section 3317.16 of the Revised Code for	23245
excess costs of providing special education and related services	23246
to a handicapped student, as calculated under division (G)(2) of	23247
that section, the department shall deduct the amount of that	23248
payment from the city, local, or exempted village school district	23249
that is responsible as specified in that section for the excess	23250
costs.	23251

(N)(1) If the district reports an amount of excess cost for	23252
special education services for a child under division (C) of	23253
section 3323.14 of the Revised Code, the department shall pay that	23254
amount to the district.	23255

(2) If the district reports an amount of excess cost for	23256
special education services for a child under division (C) of	23257
section 3323.14 of the Revised Code, the department shall deduct	23258
that amount from the district of residence of that child.	23259

Sec. 3317.024. In addition to the moneys paid to eligible	23260
school districts pursuant to section 3317.022 of the Revised Code,	23261
moneys appropriated for the education programs in divisions (A) to	23262
(H), (J) to (L), (O), (P), and (R) of this section shall be	23263
distributed to school districts meeting the requirements of	23264
section 3317.01 of the Revised Code; in the case of divisions (J)	23265
and (P) of this section, to educational service centers as	23266
provided in section 3317.11 of the Revised Code; in the case of	23267
divisions (E), (M), and (N) of this section, to county MR/DD	23268
boards; in the case of division (R) of this section, to joint	23269
vocational school districts; in the case of division (K) of this	23270
section, to cooperative education school districts; and in the	23271
case of division (Q) of this section, to the institutions defined	23272
under section 3317.082 of the Revised Code providing elementary or	23273
secondary education programs to children other than children	23274
receiving special education under section 3323.091 of the Revised	23275
Code. The following shall be distributed monthly, quarterly, or	23276
annually as may be determined by the state board of education:	23277

(A) A per pupil amount to each school district that	23278
establishes a summer school remediation program that complies with	23279
rules of the state board of education.	23280

(B) An amount for each island school district and each joint	23281
state school district for the operation of each high school and	23282
each elementary school maintained within such district and for	23283
capital improvements for such schools. Such amounts shall be	23284
determined on the basis of standards adopted by the state board of	23285
education.	23286

(C) An amount for each school district operating classes for	23287
children of migrant workers who are unable to be in attendance in	23288
an Ohio school during the entire regular school year. The amounts	23289
shall be determined on the basis of standards adopted by the state	23290
board of education, except that payment shall be made only for	23291
subjects regularly offered by the school district providing the	23292
classes.	23293

(D) An amount for each school district with guidance,	23294
testing, and counseling programs approved by the state board of	23295
education. The amount shall be determined on the basis of	23296
standards adopted by the state board of education.	23297

(E) An amount for the emergency purchase of school buses as	23298
provided for in section 3317.07 of the Revised Code;	23299

(F) An amount for each school district required to pay	23300
tuition for a child in an institution maintained by the department	23301
of youth services pursuant to section 3317.082 of the Revised	23302
Code, provided the child was not included in the calculation of	23303
the district's average daily membership for the preceding school	23304
year.	23305

(G) In fiscal year 2000 only, an amount to each school	23306
district for supplemental salary allowances for each licensed	23307
employee except those licensees serving as superintendents,	23308
assistant superintendents, principals, or assistant principals,	23309
whose term of service in any year is extended beyond the term of	23310
service of regular classroom teachers, as described in section	23311
3301.0725 of the Revised Code;	23312

(H) An amount for adult basic literacy education for each	23313
district participating in programs approved by the state board of	23314
education. The amount shall be determined on the basis of	23315
standards adopted by the state board of education.	23316

(I) Notwithstanding section 3317.01 of the Revised Code, but	23317
only until June 30, 1999, to each city, local, and exempted	23318
village school district, an amount for conducting driver education	23319
courses at high schools for which the state board of education	23320
prescribes minimum standards and to joint vocational and	23321
cooperative education school districts and educational service	23322
centers, an amount for conducting driver education courses to	23323
pupils enrolled in a high school for which the state board	23324
prescribes minimum standards. No payments shall be made under this	23325
division after June 30, 1999.	23326

(J) An amount for the approved cost of transporting	23327
~~developmentally handicapped~~eligible pupils with disabilities	23328
attending a special education program approved by the department	23329
of education whom it is impossible or impractical to transport by	23330
regular school bus in the course of regular route transportation	23331
provided by the district or service center. No district or service	23332
center is eligible to receive a payment under this division for	23333
the cost of transporting any pupil whom it transports by regular	23334
school bus and who is included in the district's transportation	23335
ADM. The state board of education shall establish standards and	23336
guidelines for use by the department of education in determining	23337
the approved cost of such transportation for each district or	23338
service center.	23339

(K) An amount to each school district, including each	23340
cooperative education school district, pursuant to section 3313.81	23341
of the Revised Code to assist in providing free lunches to needy	23342
children and an amount to assist needy school districts in	23343
purchasing necessary equipment for food preparation. The amounts	23344
shall be determined on the basis of rules adopted by the state	23345
board of education.	23346

(L) An amount to each school district, for each pupil	23347
attending a chartered nonpublic elementary or high school within	23348
the district. The amount shall equal the amount appropriated for	23349
the implementation of section 3317.06 of the Revised Code divided	23350
by the average daily membership in grades kindergarten through	23351
twelve in nonpublic elementary and high schools within the state	23352
as determined during the first full week in October of each school	23353
year.	23354

(M) An amount for each county MR/DD board, distributed on the	23355
basis of standards adopted by the state board of education, for	23356
the approved cost of transportation required for children	23357
attending special education programs operated by the county MR/DD	23358
board under section 3323.09 of the Revised Code;	23359

(N) An amount for each county MR/DD board, distributed on the	23360
basis of standards adopted by the state board of education, for	23361
supportive home services for preschool children;	23362

(O) An amount for each school district that establishes a	23363
mentor teacher program that complies with rules of the state board	23364
of education. No school district shall be required to establish or	23365
maintain such a program in any year unless sufficient funds are	23366
appropriated to cover the district's total costs for the program.	23367

(P) An amount to each school district or educational service	23368
center for the total number of gifted units approved pursuant to	23369
section 3317.05 of the Revised Code. The amount for each such unit	23370
shall be the sum of the minimum salary for the teacher of the	23371
unit, calculated on the basis of the teacher's training level and	23372
years of experience pursuant to the salary schedule prescribed in	23373
the version of section 3317.13 of the Revised Code in effect prior	23374
to July 1, 2001, plus fifteen per cent of that minimum salary	23375
amount, plus two thousand six hundred seventy-eight dollars.	23376

(Q) An amount to each institution defined under section	23377
3317.082 of the Revised Code providing elementary or secondary	23378
education to children other than children receiving special	23379
education under section 3323.091 of the Revised Code. This amount	23380
for any institution in any fiscal year shall equal the total of	23381
all tuition amounts required to be paid to the institution under	23382
division (A)(1) of section 3317.082 of the Revised Code.	23383

(R) A grant to each school district and joint vocational	23384
school district that operates a "graduation, reality, and	23385
dual-role skills" (GRADS) program for pregnant and parenting	23386
students that is approved by the department. The amount of the	23387
payment shall be the district's state share percentage, as defined	23388
in section 3317.022 or 3317.16 of the Revised Code, times the	23389
GRADS personnel allowance times the full-time-equivalent number of	23390
GRADS teachers approved by the department. The GRADS personnel	23391
allowance is $47,555 in fiscal years 2004 ~~and~~, 2005, 2006, and	23392
2007.	23393

The state board of education or any other board of education	23394
or governing board may provide for any resident of a district or	23395
educational service center territory any educational service for	23396
which funds are made available to the board by the United States	23397
under the authority of public law, whether such funds come	23398
directly or indirectly from the United States or any agency or	23399
department thereof or through the state or any agency, department,	23400
or political subdivision thereof.	23401

Sec. 3317.026. (A) As used in this section, "refunded taxes"	23402
means taxes charged and payable from real and tangible personal	23403
property, including public utility property, that have been found	23404
to have been overpaid as the result of reductions in the taxable	23405
value of such property and that have been refunded, including any	23406
interest or penalty refunded with those taxes. If taxes are	23407
refunded over a period of time pursuant to division (B)(2), (3),	23408
or (4) of section 319.36 or division (C) of section 5727.471 of	23409
the Revised Code, the total amount of taxes required to be	23410
refunded, excluding any interest accruing after the day the	23411
undertaking is entered into, shall be considered to have been	23412
refunded on the day the first portion of the overpayment is paid	23413
or credited.	23414

(B) Not later than the last day of February each year, each	23415
county auditor shall certify to the tax commissioner, for each	23416
school district in the county, the amount of refunded taxes	23417
refunded in the preceding calendar year and the reductions in	23418
taxable value that resulted in those refunds, except for	23419
reductions in taxable value that previously have been reported to	23420
the tax commissioner on an abstract. If the tax commissioner	23421
determines that the amount of refunded taxes certified for a	23422
school district exceeds three per cent of the total taxes charged	23423
and payable for current expenses of the school district for the	23424
calendar year in which those taxes were refunded, the tax	23425
commissioner shall certify the reductions in taxable value that	23426
resulted in those refunds on or before the first day of June to	23427
the department of education. Upon receiving the certification by	23428
the tax commissioner, the department of education shall reduce the	23429
total taxable value of the school district, as defined in section	23430
3317.02 of the Revised Code, by the total amount of the reductions	23431
in taxable value that resulted in those refunds for the purpose of	23432
computing the ~~state aid~~SF-3 payment for the school district for	23433
the current fiscal year ~~under section 3317.022 of the Revised~~	23434
~~Code~~. The increase in the amount of such aid resulting from the	23435
adjustment required by this section shall be paid to the school	23436
district on or before the ~~thirtieth~~thirty-first day of ~~June~~July	23437
of the ~~current~~following fiscal year.	23438

If an adjustment is made under this division in the amount of	23439
state aid paid to a school district, the tax value reductions from	23440
which that adjustment results shall not be used in recomputing aid	23441
to a school district under section 3317.027 of the Revised Code.	23442

~~(D)~~(C) If a school district received a grant from the	23443
catastrophic expenditures account pursuant to division (C) of	23444
section 3316.20 of the Revised Code on the basis of the same	23445
circumstances for which an adjustment is made under this section,	23446
the amount of the adjustment shall be reduced and transferred in	23447
accordance with division (C) of section 3316.20 of the Revised	23448
Code.	23449

(D) Not later than the first day of June each year, the tax	23450
commissioner shall certify to the department of education for each	23451
school district the total of the increases in taxable value above	23452
the amount of taxable value on which tax was paid, as provided in	23453
division (B)(1) or (2) of section 5727.47 of the Revised Code, as	23454
determined by the commissioner, and for which a notification was	23455
sent pursuant to section 5727.471 of the Revised Code, in the	23456
preceding calendar year. Upon receiving the certification, the	23457
department shall increase the total taxable value, as defined in	23458
section 3317.02 of the Revised Code, of the school district by the	23459
total amount of the increase in taxable value certified by the	23460
commissioner for the school district for the purpose of computing	23461
the school district's ~~state aid~~SF-3 payment for the following	23462
fiscal year ~~under sections 3317.022 and 3317.0212 of the Revised~~	23463
~~Code~~.	23464

Sec. 3317.027. On or before the fifteenth day of May of each	23465
year, the tax commissioner shall certify to the department of	23466
education:	23467

(A) The amount by which applications filed under section	23468
5713.38 of the Revised Code or complaints filed under section	23469
5715.19 of the Revised Code resulted in a reduction in the second	23470
preceding year's taxable value in each school district in which	23471
such a reduction occurred, and the amount by which such reduction	23472
reduced the district's taxes charged and payable for such year;	23473
and	23474

(B) The taxes charged and payable for the second preceding	23475
tax year that were remitted under section 5713.081 of the Revised	23476
Code and the taxable value against which such taxes were imposed.	23477

Upon receipt of such certifications, the department shall	23478
recompute the ~~state aid for such year under section 3317.022 of~~	23479
~~the Revised Code~~district's SF-3 payment and determine the amount	23480
~~of aid~~ that the SF-3 payment would have been paid had the taxable	23481
value not been used in the computation made under division (A)(1)	23482
of section 3317.021 of the Revised Code and had the taxes charged	23483
and payable not been included in the certification made under	23484
division (A)(3) of such section. The department shall ~~adjust~~	23485
calculate the amount that the remainder of the fiscal year's	23486
payments ~~so the district's total payments~~should have been for the	23487
fiscal year ~~equal~~including the amount of the ~~recomputation~~SF-3	23488
payment as recomputed. The increase or decrease in the amount of	23489
aid resulting from the adjustment required under this section	23490
shall be paid to the school district on or before the thirty-first	23491
day of July of the following fiscal year.	23492

If a school district received a grant from the catastrophic	23493
expenditures account pursuant to division (C) of section 3316.20	23494
of the Revised Code on the basis of the same circumstances for	23495
which a recomputation is made under this section, the amount of	23496
the recomputation shall be reduced and transferred in accordance	23497
with division (C) of section 3316.20 of the Revised Code.	23498

Sec. 3317.028. (A) On or before the fifteenth day of May in	23499
each calendar year prior to calendar year 2007, the tax	23500
commissioner shall determine for each school district whether the	23501
taxable value of all tangible personal property, including utility	23502
tangible personal property, subject to taxation by the district in	23503
the preceding tax year was less or greater than the taxable value	23504
of such property during the second preceding tax year. If any such	23505
decrease exceeds five per cent of the district's tangible personal	23506
property taxable value included in the total taxable value used in	23507
computing the district's ~~state aid computation~~SF-3 payment for	23508
the fiscal year that ends in the current calendar year, or if any	23509
such increase exceeds five per cent of the district's total	23510
taxable value used in computing the district's ~~state aid~~	23511
~~computation~~SF-3 payment for the fiscal year that ends in the	23512
current calendar year, the tax commissioner shall certify both of	23513
the following to the department of education:	23514

(1) The taxable value of the tangible personal property	23515
increase or decrease, including utility tangible personal property	23516
increase or decrease, which shall be considered a change in	23517
valuation;	23518

(2) The decrease or increase in taxes charged and payable on	23519
such change in taxable value calculated in the same manner as in	23520
division (A)(3) of section 3317.021 of the Revised Code.	23521

(B) ~~Notwithstanding division (A) of this section, when~~	23522
~~determining under that division in calendar year 2002 whether the~~	23523
~~taxable value of tangible personal property subject to taxation by~~	23524
~~each school district in the preceding tax year was less or greater~~	23525
~~than the taxable value of such property during the second~~	23526
~~preceding tax year, the tax commissioner shall exclude from the~~	23527
~~taxable value for both years the tax value loss, as defined in~~	23528
~~section 5727.84 of the Revised Code~~On or before May 15, 2007, and	23529
the fifteenth day of May in each calendar year thereafter, the tax	23530
commissioner shall determine for each school district whether the	23531
taxable value of all utility tangible personal property subject to	23532
taxation by the district in the preceding tax year was less or	23533
greater than the taxable value of such property during the second	23534
preceding tax year. If any decrease exceeds five per cent of the	23535
district's tangible personal property taxable value included in	23536
the total taxable value used in the district's state aid	23537
computation for the fiscal year that ends in the current calendar	23538
year, or if any increase exceeds five per cent of the district's	23539
total taxable value used in the district's state aid computation	23540
for the fiscal year that ends in the current calendar year, the	23541
tax commissioner shall certify both of the following to the	23542
department of education:	23543

(1) The taxable value of the utility tangible personal	23544
property increase or decrease, which shall be considered a change	23545
in valuation;	23546

(2) The decrease or increase in taxes charged and payable on	23547
such change in taxable value calculated in the same manner as in	23548
division (A)(3) of section 3317.021 of the Revised Code.	23549

(C) Upon receipt of ~~such~~a certification specified in this	23550
section, the department of education shall reduce or increase by	23551
the respective amounts certified,and the taxable value and the	23552
taxes charged and payable that were used in computing the	23553
district's ~~state aid computation under section 3317.022 of the~~	23554
~~Revised Code~~SF-3 payment for the fiscal year that ends in the	23555
current calendar year and shall recompute the ~~state aid~~SF-3	23556
payment for such fiscal year. ~~During the last six months of the~~	23557
~~fiscal year, the~~The department shall pay the district a sum equal	23558
to one-half of the recomputed payments in lieu of the payments	23559
otherwise required under ~~such sections~~that section on or before	23560
the thirty-first day of July of the following fiscal year.	23561

(D) If a school district received a grant from the	23562
catastrophic expenditures account pursuant to division (C) of	23563
section 3316.20 of the Revised Code on the basis of the same	23564
circumstances for which a recomputation is made under this	23565
section, the amount of the recomputation shall be reduced and	23566
transferred in accordance with division (C) of section 3316.20 of	23567
the Revised Code.	23568

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

23569

(1) "~~DPIA~~Poverty percentage" means:

23570

~~(a) In fiscal years prior to fiscal year 2004, the quotient~~	23571
~~obtained by dividing the five-year average number of children ages~~	23572
~~five to seventeen residing in the school district and living in a~~	23573
~~family receiving assistance under the Ohio works first program or~~	23574
~~an antecedent program known as TANF or ADC, as certified or~~	23575
~~adjusted under section 3317.10 of the Revised Code, by the~~	23576
~~district's three-year average formula ADM.~~	23577

~~(b) Beginning in fiscal year 2004,~~ the unduplicated number of	23578
children ages five to seventeen residing in the school district	23579
and living in a family that has family income not exceeding the	23580
federal poverty guidelines and that receives family assistance, as	23581
certified or adjusted under section 3317.10 of the Revised Code,	23582
divided by the district's three-year average formula ADM.	23583

(2) "Family assistance" means assistance received under one	23584
of the following:	23585

(a) The Ohio works first program;

23586

(b) The food stamp program;

23587

(c) The medical assistance program, including the healthy	23588
start program, established under Chapter 5111. of the Revised	23589
Code;	23590

(d) The children's health insurance program part I	23591
established under section 5101.50 of the Revised Code or, prior to	23592
fiscal year 2000, an executive order issued under section 107.17	23593
of the Revised Code;	23594

(e) The disability financial assistance program established	23595
under Chapter 5115. of the Revised Code;	23596

~~(f) The disability medical assistance program established~~	23597
~~under Chapter 5115. of the Revised Code~~.	23598

(3) "Statewide ~~DPIA~~poverty percentage" means:

23599

~~(a) In fiscal years prior to fiscal year 2004, the five-year~~	23600
~~average of the total number of children ages five to seventeen~~	23601
~~years residing in the state and receiving assistance under the~~	23602
~~Ohio works first program or an antecedent program known as TANF or~~	23603
~~ADC, divided by the sum of the three-year average formula ADMs for~~	23604
~~all school districts in the state.~~	23605

~~(b) Beginning in fiscal year 2004,~~ the total unduplicated	23606
number of children ages five to seventeen residing in the state	23607
and living in a family that has family income not exceeding the	23608
federal poverty guidelines and that receives family assistance,	23609
divided by the sum of the three-year average formula ADMs for all	23610
school districts in the state.	23611

(4) "~~DPIA~~Poverty index" means the quotient obtained by	23612
dividing the school district's ~~DPIA~~poverty percentage by the	23613
statewide ~~DPIA~~poverty percentage.	23614

(5) "Federal poverty guidelines" has the same meaning as in	23615
section 5101.46 of the Revised Code.	23616

(6) "~~DPIA~~Poverty student count" means:

23617

~~(a) In fiscal years prior to fiscal year 2004, the five-year~~	23618
~~average number of children ages five to seventeen residing in the~~	23619
~~school district and living in a family receiving assistance under~~	23620
~~the Ohio works first program or an antecedent program known as~~	23621
~~TANF or ADC, as certified under section 3317.10 of the Revised~~	23622
~~Code;~~	23623

~~(b) Beginning in fiscal year 2004,~~ the unduplicated number of	23624
children ages five to seventeen residing in the school district	23625
and living in a family that has family income not exceeding the	23626
federal poverty guidelines and that receives family assistance, as	23627
certified or adjusted under section 3317.10 of the Revised Code.	23628

(7) "Kindergarten ADM" means the number of students reported	23629
under section 3317.03 of the Revised Code as enrolled in	23630
kindergarten.	23631

(8) "Kindergarten through third grade ADM" means the amount	23632
calculated as follows:	23633

(a) Multiply the kindergarten ADM by the sum of one plus the	23634
all-day kindergarten percentage;	23635

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

23636

(c) Subtract from the sum calculated under division (A)(6)(b)	23637
of this section the number of special education students in grades	23638
kindergarten through three.	23639

(9) ~~"Statewide average teacher salary" means forty-two~~	23640
~~thousand four hundred sixty-nine dollars in fiscal year 2002, and~~	23641
~~forty-three thousand six hundred fifty-eight dollars in fiscal~~	23642
~~year 2003, which includes an amount for the value of fringe~~	23643
~~benefits.~~	23644

~~(10)~~ "All-day kindergarten" means a kindergarten class that	23645
is in session five days per week for not less than the same number	23646
of clock hours each day as for pupils in grades one through six.	23647

~~(11)~~(10) "All-day kindergarten percentage" means the	23648
percentage of a district's actual total number of students	23649
enrolled in kindergarten who are enrolled in all-day kindergarten.	23650

~~(12)~~(11) "Buildings with the highest concentration of need"	23651
means:	23652

~~(a) In fiscal years prior to fiscal year 2004, the school~~	23653
~~buildings in a district with percentages of students in grades~~	23654
~~kindergarten through three receiving assistance under Ohio works~~	23655
~~first at least as high as the district-wide percentage of students~~	23656
~~receiving such assistance.~~	23657

~~(b) Beginning in fiscal year 2004,~~ the school buildings in a	23658
district with percentages of students in grades kindergarten	23659
through three receiving family assistance at least as high as the	23660
district-wide percentage of students receiving family assistance.	23661

~~(c)~~ If, in any fiscal year, the information provided by the	23662
department of job and family services under section 3317.10 of the	23663
Revised Code is insufficient to determine the ~~Ohio works first or~~	23664
family assistance percentage in each building, "buildings with the	23665
highest concentration of need" has the meaning given in rules that	23666
the department of education shall adopt. The rules shall base the	23667
definition of "buildings with the highest concentration of need"	23668
on family income of students in grades kindergarten through three	23669
in a manner that, to the extent possible with available data,	23670
approximates the intent of this division and division ~~(G)~~(K) of	23671
this section to designate buildings where the ~~Ohio works first or~~	23672
family assistance percentage in those grades equals or exceeds the	23673
district-wide ~~Ohio works first or~~ family assistance percentage.	23674

(B) In addition to the amounts required to be paid to a	23675
school district under section 3317.022 of the Revised Code, athe	23676
department of education shall compute and distribute to each	23677
school district ~~shall receive~~for poverty-based assistance the	23678
greater of the amount the district received in fiscal year ~~1998~~	23679
2005 for disadvantaged pupil impact aid pursuant to ~~division (B)~~	23680
~~of section 3317.023 of the Revised Code as it existed at that time~~	23681
Section 41.10 of Am. Sub. H.B. 95 of the 125th General Assembly,	23682
as amended, or the sum of the computations made under divisions	23683
(C) to ~~(E)~~(I) of this section.	23684

(C) A ~~supplemental~~ payment ~~that may be utilized~~ for measures	23685
related to safety and security and for remediation or similar	23686
programs, if the district's poverty index is greater than or equal	23687
to 0.25, calculated as follows:	23688

~~(1) If the DPIA index of the school district is greater than~~	23689
~~or equal to thirty-five-hundredths, but less than one, an amount~~	23690
~~obtained by multiplying the district's DPIA student count by two~~	23691
~~hundred thirty dollars;~~	23692

~~(2) If the DPIA index of the school district is greater than~~	23693
~~or equal to one, an amount obtained by multiplying the DPIA index~~	23694
~~by two hundred thirty dollars and multiplying that product by the~~	23695
~~district's DPIA student count.~~	23696

~~Except as otherwise provided in division (F) of this section,~~	23697
~~beginning with the school year that starts July 1, 2002, each~~	23698
~~school district annually shall use at least twenty per cent of the~~	23699
~~funds calculated for the district under this division for~~	23700
~~intervention services required by section 3313.608 of the Revised~~	23701
~~Code.~~	23702

(1) If the district's poverty index is greater than or equal	23703
to 0.25, calculate the level-one amount as follows:	23704

(a) If the district's poverty index is greater than or equal	23705
to 0.25, but less than 1.25, determine the level-one amount per	23706
poverty student as follows:	23707

(0.005 X formula amount) + {(poverty index – 0.25) X [(0.02 X	23708
formula amount) – (0.005 X formula amount)]}	23709

(b) If the district's poverty index is greater than or equal	23710
to 1.25, the level-one amount per poverty student equals:	23711

0.02 X formula amount

23712

23713

level-one amount per poverty student determined under division	23714
(C)(1)(a) or (b) of this section X poverty student count X	23715
multiple	23716

Where "multiple" equals 0.50 in fiscal year 2007.

23717

(2) If the district's poverty index is greater than or equal	23718
to 1.25, determine the level-two amount, which shall be paid in	23719
addition to the level-one amount, as follows:	23720

(a) If the district's poverty index is greater than or equal	23721
to 1.25, but less than 1.75, determine the level-two amount per	23722
poverty student, as follows:	23723

(0.04 X formula amount) + {[(poverty index – 1.25)/0.50] X [(0.14	23724
X formula amount) – (0.04 X formula amount)]}	23725

(b) If the district's poverty index is greater than or equal	23726
to 1.75, the level-two amount per poverty student equals:	23727

0.14 X formula amount

23728

23729

level-two amount per poverty student determined under division	23730
(C)(2)(a) or (b) of this section X poverty student count X	23731
multiple	23732

Where "multiple" equals 0.50 in fiscal year 2007.

23733

(D) A payment for all-day kindergarten if the ~~DPIA~~poverty	23734
index of the school district is greater than or equal to ~~one~~1.0	23735
or if the district's three-year average formula ADM exceeded	23736
seventeen thousand five hundred, calculated by multiplying the	23737
all-day kindergarten percentage by the kindergarten ADM and	23738
multiplying that product by the formula amount.	23739

(E) A class-size reduction payment based on calculating the	23740
number of new teachers necessary to achieve a lower	23741
student-teacher ratio, as follows:	23742

(1) Determine or calculate a formula number of teachers per	23743
one thousand students based on the ~~DPIA~~poverty index of the	23744
school district as follows:	23745

(a) If the ~~DPIA~~poverty index of the school district is less	23746
than ~~six-tenths~~1.0, the formula number of teachers is ~~43.478~~	23747
50.0, which is the number of teachers per one thousand students at	23748
a student-teacher ratio of ~~twenty-three~~twenty to one;	23749

(b) If the ~~DPIA~~poverty index of the school district is	23750
greater than or equal to ~~six-tenths~~1.0, but less than ~~two and~~	23751
~~one-half~~1.5, the formula number of teachers is calculated as	23752
follows:	23753

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

23754

50.0 + {[(poverty index – 1.0)/0.5] X 16.667}

23755

Where ~~43.478~~50.0 is the number of teachers per one thousand	23756
students at a student-teacher ratio of ~~twenty-three~~twenty to one;	23757
~~1.9~~0.5 is the interval from a ~~DPIA~~poverty index of ~~six-tenths~~	23758
1.0 to a ~~DPIA~~poverty index of ~~two and one-half~~1.5; and ~~23.188~~	23759
16.667 is the difference in the number of teachers per one	23760
thousand students at a student-teacher ratio of fifteen to one and	23761
the number of teachers per one thousand students at a	23762
student-teacher ratio of ~~twenty-three~~twenty to one.	23763

(c) If the ~~DPIA~~poverty index of the school district is	23764
greater than or equal to ~~two and one-half~~1.5, the formula number	23765
of teachers is 66.667, which is the number of teachers per one	23766
thousand students at a student-teacher ratio of fifteen to one.	23767

(2) Multiply the formula number of teachers determined or	23768
calculated in division (E)(1) of this section by the kindergarten	23769
through third grade ADM for the district and divide that product	23770
by one thousand;	23771

(3) Calculate the number of new teachers as follows:

23772

(a) Multiply the kindergarten through third grade ADM by	23773
~~43.478~~50.0, which is the number of teachers per one thousand	23774
students at a student-teacher ratio of ~~twenty-three~~twenty to one,	23775
and divide that product by one thousand;	23776

(b) Subtract the quotient obtained in division (E)(3)(a) of	23777
this section from the product in division (E)(2) of this section.	23778

(4) Multiply the greater of the difference obtained under	23779
division (E)(3) of this section or zero by the statewide average	23780
teachers salary. For this purpose, the "statewide average teacher	23781
salary" is $56,465 in fiscal year 2006 and $58,667 in fiscal year	23782
2007, which includes an amount for the value of fringe benefits.	23783

(F) A payment for services to limited English proficient	23784
students, if the district's poverty index is greater than or equal	23785
to 1.0 and the proportion of its students who are limited English	23786
proficient, as reported in 2003 on its school district report	23787
issued under section 3302.03 of the Revised Code for the 2002-2003	23788
school year, is greater than or equal to 2.0%, calculated as	23789
follows:	23790

(1) If the district's poverty index is greater than or equal	23791
to 1.0, but less than 2.0, determine the amount per limited	23792
English proficient student as follows:	23793

(0.12851 X formula amount) + {(poverty index – 1.0) X [(0.25702 X	23794
formula amount) – (0.12851 X formula amount)]}	23795

(2) If the district's poverty index is greater than or equal	23796
to 2.0, the amount per limited English proficient student equals:	23797

0.25702 X formula amount

23798

(3) Multiply the per student amount determined for the	23799
district under division (F)(1) or (2) of this section by the	23800
number of the district's limited English proficient students,	23801
times a multiple of 0.50 in fiscal year 2007. For purposes of this	23802
calculation in fiscal year 2007, the number of limited English	23803
proficient students for each district shall be the number	23804
determined by the department when it calculated the district's	23805
percentage of limited English students for its school district	23806
report issued in 2003 for the 2002-2003 school year.	23807

Not later than December 31, 2006, the department of education	23808
shall recommend to the general assembly and the director of budget	23809
and management a method of identifying the number of limited	23810
English proficient students for purposes of calculating payments	23811
under this division after fiscal year 2007.	23812

(G) A payment for professional development of teachers, if	23813
the district's poverty index is greater than or equal to 1.0,	23814
calculated as follows:	23815

(1) If the district's poverty index is greater than or equal	23816
to 1.0, but less than 2.0, determine the amount per teacher as	23817
follows:	23818

(poverty index – 1.0) X (0.044484 X formula amount)

23819

(2) If the district's poverty index is greater than or equal	23820
to 2.0, the amount per teacher equals:	23821

0.044484 X formula amount

23822

(3) Determine the number of teachers, as follows:

23823

(formula ADM/20)

23824

(4) Multiply the per teacher amount determined for the	23825
district under division (G)(1) or (2) of this section by the	23826
number of teachers determined under division (G)(3) of this	23827
section, times a multiple of 0.50 in fiscal year 2007.	23828

(H) A payment for dropout prevention, if the district is a	23829
big eight school district as defined in section 3314.02 of the	23830
Revised Code, calculated as follows:	23831

0.005 X formula amount X poverty index

23832

X formula ADM X multiple

23833

Where "multiple" equals 0.50 in fiscal year 2007.

23834

(I) An amount for community outreach, if the district is an	23835
urban school district as defined in section 3314.02 of the Revised	23836
Code, calculated as follows:	23837

(formula ADM/1,000) X community liaison

23838

personnel allowance X multiple

23839

Where:

23840

(1) "Community liaison personnel allowance" equals $42,729 in	23841
fiscal year 2006 and $44,396 in fiscal year 2007, which includes	23842
an amount for the value of fringe benefits.	23843

(2) "Multiple" equals 0.50 in fiscal year 2007.

23844

(J) This division applies only to school districts whose ~~DPIA~~	23845
poverty index is ~~one~~1.0 or greater.	23846

(1) Each school district subject to this division shall first	23847
utilize funds received under this section so that, when combined	23848
with other funds of the district, sufficient funds exist to	23849
provide all-day kindergarten to at least the number of children in	23850
the district's all-day kindergarten percentage.	23851

(2) ~~Up to an amount equal to the district's DPIA index~~	23852
~~multiplied by its DPIA student count multiplied by two hundred~~	23853
~~thirty dollars of the money distributed under this section may be~~	23854
~~utilized~~Each school district shall use its payment under division	23855
(F) of this section for one or more of the following purposes:	23856

(a) To hire teachers for limited English proficient students	23857
or other personnel to provide intervention services for those	23858
students;	23859

(b) To contract for intervention services for those students;

23860

(c) To provide other services to assist those students in	23861
passing the third-grade reading achievement test, and to provide	23862
for those students the intervention services required by section	23863
3313.608 of the Revised Code.	23864

(3) Each school district may, but is not required to, use all	23865
or part of its payment under division (G) of this section for	23866
professional development of teachers or other licensed personnel	23867
providing educational services to students. Each district that	23868
elects to use its payment under division (G) of this section for	23869
that purpose shall use the payment to provide professional	23870
development only in one or more of the following areas:	23871

(a) Data-based decision making;

23872

(b) Standards-based curriculum models;

23873

(c) Job-embedded professional development activities that are	23874
research-based, as defined in federal law.	23875

In addition, each district that elects to use its payment	23876
under division (G) of this section for such professional	23877
development shall use the payment only to implement programs	23878
identified on a list of eligible professional development programs	23879
provided by the department of education. The department annually	23880
shall provide the list to each district receiving a payment under	23881
division (G) of this section. However, a district may apply to the	23882
department for a waiver to implement an alternative professional	23883
development program in one or more of the areas specified in	23884
divisions (J)(3)(a) to (c) of this section. If the department	23885
grants the waiver, the district may use its payment under division	23886
(G) of this section to implement the alternative program.	23887

(4) Each big eight school district shall use its payment	23888
under division (H) of this section either for preventing at-risk	23889
students from dropping out of school or for the safety, security,	23890
or remediation activities described in divisions (J)(6)(a) and (b)	23891
of this section, or for a combination of those purposes. Not later	23892
than September 1, 2006, the department of education shall provide	23893
each big eight school district with a list of dropout prevention	23894
programs that it has determined are successful. The department	23895
subsequently may update the list. Each district that elects to use	23896
its payment under division (H) of this section for dropout	23897
prevention shall use the payment only to implement a dropout	23898
prevention program specified on the department's list. However, a	23899
district may apply to the department for a waiver to implement an	23900
alternative dropout prevention program. If the department grants	23901
the waiver, the district may use its payment under division (H) of	23902
this section to implement the alternative program.	23903

(5) Each urban school district that has a poverty index	23904
greater than or equal to 1.0 shall use its payment under division	23905
(I) of this section either to hire or contract for community	23906
liaison officers, attendance or truant officers, or safety and	23907
security personnel, or for the safety, security, or remediation	23908
activities described in divisions (J)(6)(a) and (b) of this	23909
section, or for a combination of those purposes.	23910

(6) Each school district with a poverty index greater than or	23911
equal to 1.0 shall use the amount of its payment under division	23912
(C) of this section, plus any amount of its payment under division	23913
(H) of this section that it does not use for dropout prevention	23914
programs as described in division (J)(4) of this section, plus any	23915
amount of its payment under division (I) of this section that it	23916
does not use for the community outreach purposes described in	23917
division (J)(5) of this section, for one or both of the following:	23918

(a) Programs designed to ensure that schools are free of	23919
drugs and violence and have a disciplined environment conducive to	23920
learning;	23921

(b) Remediation for students who have failed or are in danger	23922
of failing any of the tests administered pursuant to section	23923
3301.0710 of the Revised Code.	23924

~~Beginning with the school year that starts on July 1, 2002,~~	23925
~~each~~In addition, a school district may use all or a portion of	23926
its payment under division (G) of this section for the activities	23927
described in divisions (J)(6)(a) and (b) of this section.	23928

Each school district shall use at least twenty per cent of	23929
the funds set aside for the purposes of divisions ~~(F)(2)~~(J)(6)(a)	23930
and (b) of this section to provide intervention services required	23931
by section 3313.608 of the Revised Code.	23932

~~(3)~~(7) Except as otherwise required by division ~~(G)~~(K) or	23933
permitted under division ~~(K)~~(O) of this section, all ~~other~~	23934
remaining funds distributed under this section to districts	23935
~~subject to this division~~with a poverty index greater than or	23936
equal to 1.0 shall be utilized for the purpose of the third grade	23937
guarantee. The third grade guarantee consists of increasing the	23938
amount of instructional attention received per pupil in	23939
kindergarten through third grade, either by reducing the ratio of	23940
students to instructional personnel or by increasing the amount of	23941
instruction and curriculum-related activities by extending the	23942
length of the school day or the school year.	23943

School districts may implement a reduction of the ratio of	23944
students to instructional personnel through any or all of the	23945
following methods:	23946

(a) Reducing the number of students in a classroom taught by	23947
a single teacher;	23948

(b) Employing full-time educational aides or educational	23949
paraprofessionals issued a permit or license under section	23950
3319.088 of the Revised Code;	23951

(c) Instituting a team-teaching method that will result in a	23952
lower student-teacher ratio in a classroom.	23953

Districts may extend the school day either by increasing the	23954
amount of time allocated for each class, increasing the number of	23955
classes provided per day, offering optional academic-related	23956
after-school programs, providing curriculum-related extra	23957
curricular activities, or establishing tutoring or remedial	23958
services for students who have demonstrated an educational need.	23959
In accordance with section 3319.089 of the Revised Code, a	23960
district extending the school day pursuant to this division may	23961
utilize a participant of the work experience program who has a	23962
child enrolled in a public school in that district and who is	23963
fulfilling the work requirements of that program by volunteering	23964
or working in that public school. If the work experience program	23965
participant is compensated, the school district may use the funds	23966
distributed under this section for all or part of the	23967
compensation.	23968

Districts may extend the school year either through adding	23969
regular days of instruction to the school calendar or by providing	23970
summer programs.	23971

~~(G)~~(K) Each district ~~subject to division (F) of this section~~	23972
shall not expend any funds received under division (E) of this	23973
section in any school buildings that are not buildings with the	23974
highest concentration of need, unless there is a ratio of	23975
instructional personnel to students of no more than fifteen to one	23976
in each kindergarten and first grade class in all buildings with	23977
the highest concentration of need. This division does not require	23978
that the funds used in buildings with the highest concentration of	23979
need be spent solely to reduce the ratio of instructional	23980
personnel to students in kindergarten and first grade. A school	23981
district may spend the funds in those buildings in any manner	23982
permitted by division ~~(F)(3)~~(J)(7) of this section, but may not	23983
spend the money in other buildings unless the fifteen-to-one ratio	23984
required by this division is attained.	23985

~~(H)~~(L)(1) By the first day of August of each fiscal year,	23986
each school district wishing to receive any funds under division	23987
(D) of this section shall submit to the department of education an	23988
estimate of its all-day kindergarten percentage. Each district	23989
shall update its estimate throughout the fiscal year in the form	23990
and manner required by the department, and the department shall	23991
adjust payments under this section to reflect the updates.	23992

(2) Annually by the end of December, the department of	23993
education, utilizing data from the information system established	23994
under section 3301.0714 of the Revised Code and after consultation	23995
with the legislative office of education oversight, shall	23996
determine for each school district subject to division ~~(F)~~(J) of	23997
this section whether in the preceding fiscal year the district's	23998
ratio of instructional personnel to students and its number of	23999
kindergarten students receiving all-day kindergarten appear	24000
reasonable, given the amounts of money the district received for	24001
that fiscal year pursuant to divisions (D) and (E) of this	24002
section. If the department is unable to verify from the data	24003
available that students are receiving reasonable amounts of	24004
instructional attention and all-day kindergarten, given the funds	24005
the district has received under this section and that class-size	24006
reduction funds are being used in school buildings with the	24007
highest concentration of need as required by division ~~(G)~~(K) of	24008
this section, the department shall conduct a more intensive	24009
investigation to ensure that funds have been expended as required	24010
by this section. The department shall file an annual report of its	24011
findings under this division with the chairpersons of the	24012
committees in each house of the general assembly dealing with	24013
finance and education.	24014

~~(I) Any~~(M)(1) Each school district with a ~~DPIA~~poverty index	24015
less than ~~one~~1.0 and a three-year average formula ADM exceeding	24016
seventeen thousand five hundred shall first utilize funds received	24017
under this section so that, when combined with other funds of the	24018
district, sufficient funds exist to provide all-day kindergarten	24019
to at least the number of children in the district's all-day	24020
kindergarten percentage. ~~Such a district~~	24021

(2) Each school district with a poverty index less than 1.0	24022
that receives a payment under division (I) of this section shall	24023
use its payment under that division for one or both of the	24024
following purposes:	24025

(a) To hire or contract for community liaison officers,	24026
attendance or truant officers, or safety and security personnel;	24027

(b) To implement any of the safety, security, or remediation	24028
activities described in divisions (J)(6)(a) and (b) of this	24029
section.	24030

(3) Each school district to which division (M)(1) or (2) of	24031
this section applies shall expend ~~at least seventy per cent of~~ the	24032
remaining funds received under this section, and any other	24033
district with a ~~DPIA~~poverty index less than ~~one~~1.0 shall expend	24034
~~at least seventy per cent of~~ all funds received under this	24035
section, for any of the following purposes:	24036

~~(1)~~(a) The purchase of technology for instructional purposes	24037
for remediation;	24038

~~(2)~~(b) All-day kindergarten;

24039

~~(3)~~(c) Reduction of class sizes in grades kindergarten	24040
through three, as described in division (J)(7) of this section;	24041

~~(4)~~(d) Summer school remediation;

24042

~~(5)~~(e) Dropout prevention programs approved by the department	24043
of education under division (J)(4) of this section;	24044

~~(6)~~(f) Guaranteeing that all third graders are ready to	24045
progress to more advanced work;	24046

~~(7)~~(g) Summer education and work programs;

24047

~~(8)~~(h) Adolescent pregnancy programs;

24048

~~(9)~~(i) Head start or preschool programs;

24049

~~(10)~~(j) Reading improvement and remediation programs	24050
described by the department of education;	24051

~~(11)~~(k) Programs designed to ensure that schools are free of	24052
drugs and violence and have a disciplined environment conducive to	24053
learning;	24054

~~(12)~~(l) Furnishing, free of charge, materials used in courses	24055
of instruction, except for the necessary textbooks or electronic	24056
textbooks required to be furnished without charge pursuant to	24057
section 3329.06 of the Revised Code, to pupils living in families	24058
participating in Ohio works first in accordance with section	24059
3313.642 of the Revised Code;	24060

~~(13)~~(m) School breakfasts provided pursuant to section	24061
3313.813 of the Revised Code.	24062

~~Each district shall submit to the department, in such format~~	24063
~~and at such time as the department shall specify, a report on the~~	24064
~~programs for which it expended funds under this division.~~	24065

~~(J)~~(N) If at any time the superintendent of public	24066
instruction determines that a school district receiving funds	24067
under division (D) of this section has enrolled less than the	24068
all-day kindergarten percentage reported for that fiscal year, the	24069
superintendent shall withhold from the funds otherwise due the	24070
district under this section a proportional amount as determined by	24071
the difference in the certified all-day kindergarten percentage	24072
and the percentage actually enrolled in all-day kindergarten.	24073

The superintendent shall also withhold an appropriate amount	24074
of funds otherwise due a district for any other misuse of funds	24075
not in accordance with this section.	24076

~~(K)~~(O)(1) A district may use a portion of the funds	24077
calculated for it under division (D) of this section to modify or	24078
purchase classroom space to provide all-day kindergarten, if both	24079
of the following conditions are met:	24080

(a) The district certifies to the department, in a manner	24081
acceptable to the department, that it has a shortage of space for	24082
providing all-day kindergarten.	24083

(b) The district provides all-day kindergarten to the number	24084
of children in the all-day kindergarten percentage it certified	24085
under this section.	24086

(2) A district may use a portion of the funds described in	24087
division ~~(F)(3)~~(J)(7) of this section to modify or purchase	24088
classroom space to enable it to further reduce class size in	24089
grades kindergarten through two with a goal of attaining class	24090
sizes of fifteen students per licensed teacher. To do so, the	24091
district must certify its need for additional space to the	24092
department, in a manner satisfactory to the department.	24093

Sec. 3317.0212. Division (B) of this section does not apply	24094
to a school district with a formula ADM of one hundred fifty or	24095
less.	24096

(A) As used in this section:

24097

(1) "Fundamental FY 1997 state aid" or "fundamental FY 1998	24098
state aid" for a district means the total amount of state money	24099
received by the district for the applicable fiscal year as	24100
reported on the department of education's form "SF-12," adjusted	24101
as follows:	24102

(a) Minus the amount for transportation;

24103

(b) Minus any amounts for approved preschool handicapped	24104
units;	24105

(c) Minus any additional amount attributable to the	24106
reappraisal guarantee of division (C) of section 3317.04 of the	24107
Revised Code;	24108

(d) Plus the amount deducted for payments to an educational	24109
service center;	24110

(e) Plus an estimated portion of the state money distributed	24111
in the applicable fiscal year to other school districts or	24112
educational service centers for approved units, other than	24113
preschool handicapped or gifted education units, attributable to	24114
the costs of providing services in those units to students	24115
entitled to attend school in the district;	24116

(f) Minus an estimated portion of the state money distributed	24117
to the school district in the applicable fiscal year for approved	24118
units, other than preschool handicapped units or gifted education	24119
units, attributable to the costs of providing services in those	24120
units to students entitled to attend school in another school	24121
district;	24122

(g) Plus any additional amount paid in the applicable fiscal	24123
year pursuant to the vocational education recomputation required	24124
by Section 45.12 of Amended Substitute House Bill No. 117 of the	24125
121st general assembly or former Section 50.22 of Amended	24126
Substitute House Bill No. 215 of the 122nd general assembly;	24127

(h) Plus any additional amount paid in the applicable fiscal	24128
year pursuant to the special education recomputation required by	24129
former division (I) of section 3317.023 of the Revised Code;	24130

(i) Plus any amount paid for equity aid in the applicable	24131
fiscal year under former section 3317.0213 of the Revised Code;	24132

(j) Plus any amount received for the applicable fiscal year	24133
pursuant to section 3317.027 of the Revised Code;	24134

(k) Plus any amount received for the applicable fiscal year	24135
resulting from a recomputation made under division (B) of section	24136
3317.022 of the Revised Code, as that section existed in the	24137
applicable fiscal year.	24138

(2) "State basic aid" for a district for any fiscal year	24139
after fiscal year 1999 means the sum of the following:	24140

(a) The amount computed for the district for base cost	24141
funding, special education funding, and vocational education	24142
funding under divisions (A), (C)(1) and (4), and (E) of section	24143
3317.022 and sections 3317.025 and 3317.027 of the Revised Code	24144
and ~~DPIA aid under~~the subsidy prescribed in section 3317.029 of	24145
the Revised Code in the current fiscal year before any deduction	24146
or credit required by division (B), (D), (E), (F), (G), (H), (I),	24147
(J), (K), or (L), (M), or (N) of section 3317.023 or division	24148
~~(J)~~(N) of section 3317.029 of the Revised Code;	24149

(b) Any amounts for which the district is eligible pursuant	24150
to division (C) of section 3317.023, divisions (G), (P), and (R)	24151
of section 3317.024, and the supplemental unit allowance paid for	24152
gifted units under division (B) of section 3317.053 of the Revised	24153
Code;	24154

~~(c) Any equity aid for which the district is eligible under~~	24155
~~section 3317.0213 of the Revised Code~~.	24156

(B) Upon request of the department of education, the	24157
treasurer of any school district or educational service center	24158
shall furnish data needed to calculate the amounts specified in	24159
divisions (A)(1)(e) and (f) of this section. The department shall	24160
compute and pay the state basic aid guarantee for each school	24161
district for the fiscal year as follows:	24162

(1) Subtract the amount of state basic aid from the amount of	24163
fundamental FY 1998 state aid. If a negative number, this	24164
computation shall be deemed to be zero.	24165

(2) Pay the district the following:

24166

(a) In any fiscal year prior to fiscal year 2007, any	24167
positive amount calculated under division (B)(1) of this section;	24168

(b) In fiscal year 2007, any positive amount calculated under	24169
division (B)(1) of this section times 0.50.	24170

(C)(1) The state basic aid guarantee in any fiscal year for a	24171
school district with a formula ADM of one hundred fifty or less	24172
shall be the greatest of the following amounts:	24173

(a) The district's state basic aid for the fiscal year;

24174

(b) The district's fundamental FY 1998 state aid;

24175

24176

(2) If in any fiscal year the state basic aid for a school	24177
district with a formula ADM of one hundred fifty or less is less	24178
than the guarantee amount determined for the district under	24179
division (C)(1) of this section, the department of education shall	24180
pay the district the amount of the difference.	24181

Sec. 3317.0216. (A) As used in this section:

24182

(1) "Total taxes charged and payable for current expenses"	24183
means the sum of the taxes charged and payable as certified under	24184
division (A)(3)(a) of section 3317.021 of the Revised Code less	24185
any amounts reported under division (A)(3)(b) of that section, and	24186
the tax distribution for the preceding year under any school	24187
district income tax levied by the district pursuant to Chapter	24188
5748. of the Revised Code to the extent the revenue from the	24189
income tax is allocated or apportioned to current expenses.	24190

(2) "Charge-off amount" means ~~the product obtained by~~	24191
~~multiplying~~[two and three-tenths per cent multiplied by (the sum	24192
of recognized valuation and incentive district tax-exempt value)]	24193
plus (fifty per cent multiplied by payments in lieu of taxes).	24194

(3) Until fiscal year 2003, the "actual local share of	24195
special education, transportation, and vocational education	24196
funding" for any school district means the sum of the district's	24197
attributed local shares described in divisions (F)(1) to (3) of	24198
section 3317.022 of the Revised Code. Beginning in fiscal year	24199
2003, the "actual local share of special education,	24200
transportation, and vocational education funding" means that sum	24201
minus the amount of any excess cost supplement payment calculated	24202
for the district under division (F) of section 3317.022 of the	24203
Revised Code.	24204

(B) Upon receiving the certifications under section 3317.021	24205
of the Revised Code, the department of education shall determine	24206
for each city, local, and exempted village school district whether	24207
the district's charge-off amount is greater than the district's	24208
total taxes charged and payable for current expenses, and if it	24209
is, shall pay the district the amount of the difference. A payment	24210
shall not be made to any school district for which the computation	24211
under division (A) of section 3317.022 of the Revised Code equals	24212
zero.	24213

(C)(1) If a district's charge-off amount is equal to or	24214
greater than its total taxes charged and payable for current	24215
expenses, the department shall, in addition to the payment	24216
required under division (B) of this section, pay the district the	24217
amount of its actual local share of special education,	24218
transportation, and vocational education funding.	24219

(2) If a district's charge-off amount is less than its total	24220
taxes charged and payable for current expenses, the department	24221
shall pay the district any amount by which its actual local share	24222
of special education, transportation, and vocational education	24223
funding exceeds its total taxes charged and payable for current	24224
expenses minus its charge-off amount.	24225

(D) If a school district that received a payment under	24226
division (B) or (C) of this section in the prior fiscal year is	24227
ineligible for payment under those divisions in the current fiscal	24228
year, the department shall determine if the ineligibility is the	24229
result of a property tax or income tax levy approved by the	24230
district's voters to take effect in tax year 2005 or thereafter.	24231
If the department determines that is the case, and calculates that	24232
the levy causing the ineligibility exceeded by at least one mill	24233
the equivalent millage of the prior year's payment under divisions	24234
(B) and (C) of this section, the department shall make a payment	24235
to the district for the first three years that the district loses	24236
eligibility for payment under divisions (B) and (C) of this	24237
section, as follows:	24238

(1) In the first year of ineligibility, the department shall	24239
pay the district seventy-five per cent of the amount it last paid	24240
the district under divisions (B) and (C) of this section.	24241

(2) In the second year of ineligibility, the department shall	24242
pay the district fifty per cent of the amount it last paid the	24243
district under those divisions.	24244

(3) In the third year of ineligibility, the department shall	24245
pay the district twenty-five per cent of the amount it last paid	24246
the district under those divisions.	24247

(E) A district that receives payment under division (D) of	24248
this section and subsequently qualifies for payment under division	24249
(B) or (C) of this section is ineligible for future payments under	24250
division (D) of this section.	24251

Sec. 3317.0217. The department of education shall annually	24252
compute and pay state parity aid to school districts, as follows:	24253

(A) Calculate the local wealth per pupil of each school	24254
district, which equals the following sum:	24255

(1) Two-thirds times the quotient of (a) the district's	24256
recognized valuation divided by (b) its adjusted formula ADM; plus	24257

(2) One-third times the quotient of (a) the average of the	24258
total federal adjusted gross income of the school district's	24259
residents for the three years most recently reported under section	24260
3317.021 of the Revised Code divided by (b) its adjusted formula	24261
ADM.	24262

(B) Rank all school districts in order of local wealth per	24263
pupil, from the district with the lowest local wealth per pupil to	24264
the district with the highest local wealth per pupil.	24265

(C) Compute the per pupil state parity aid funding for each	24266
school district in accordance with the following formula:	24267

Payment percentage X (threshold local wealth

24268

per pupil - the district's local

24269

wealth per pupil) X 0.0095

24270

Where:

24271

(1) "Payment percentage," for purposes of division (C) of	24272
this section, equals 20% in fiscal year 2002, 40% in fiscal year	24273
2003, 58% in fiscal year 2004, 76% in fiscal year 2005, ~~and 100%~~	24274
~~after fiscal year 2005~~80% in fiscal year 2006, and 85% in fiscal	24275
year 2007.	24276

(2) Nine and one-half mills (0.0095) is the general	24277
assembly's determination of the average number of effective	24278
operating mills that districts in the seventieth to ninetieth	24279
percentiles of valuations per pupil collected in fiscal year 2001	24280
above the revenues required to finance their attributed local	24281
shares of the calculated cost of an adequate education. This was	24282
determined by (a) adding the district revenues from operating	24283
property tax levies and income tax levies, (b) subtracting from	24284
that total the sum of (i) twenty-three mills times adjusted	24285
recognized valuation plus (ii) the attributed local shares of	24286
special education, transportation, and vocational education	24287
funding as described in divisions (F)(1) to (3) of section	24288
3317.022 of the Revised Code, and (c) converting the result to an	24289
effective operating property tax rate.	24290

(3) The "threshold local wealth per pupil" is the local	24291
wealth per pupil of the school district with the	24292
four-hundred-ninetieth lowest local wealth per pupil.	24293

If the result of the calculation for a school district under	24294
division (C) of this section is less than zero, the district's per	24295
pupil parity aid shall be zero.	24296

(D) Compute the per pupil alternative parity aid for each	24297
school district that has a combination of an income factor of 1.0	24298
or less, a ~~DPIA~~poverty index of 1.0 or greater, and a fiscal year	24299
2006 cost-of-doing-business factor of 1.0375 or greater, in	24300
accordance with the following formula:	24301

Payment percentage X $60,000 X

24302

(1 - income factor) X 4/15 X 0.023

24303

Where:

24304

(1) "~~DPIA~~Poverty index" has the same meaning as in section	24305
3317.029 of the Revised Code.	24306

(2) "Payment percentage," for purposes of division (D) of	24307
this section, equals 50% in fiscal year 2002 and 100% after fiscal	24308
year 2002.	24309

(E) Pay each district that has a combination of an income	24310
factor of 1.0 or less, a ~~DPIA~~poverty index of 1.0 or greater, and	24311
a fiscal year 2006 cost-of-doing-business factor of 1.0375 or	24312
greater, the greater of the following:	24313

(1) The product of the district's per pupil parity aid	24314
calculated under division (C) of this section times its formula	24315
ADM;	24316

(2) The product of its per pupil alternative parity aid	24317
calculated under division (D) of this section times its formula	24318
ADM.	24319

(F) Pay every other district the product of its per pupil	24320
parity aid calculated under division (C) of this section times its	24321
formula ADM.	24322

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	24323
(C) of this section, any student enrolled in kindergarten more	24324
than half time shall be reported as one-half student under this	24325
section.	24326

(A) The superintendent of each city and exempted village	24327
school district and of each educational service center shall, for	24328
the schools under the superintendent's supervision, certify to the	24329
state board of education on or before the fifteenth day of October	24330
in each year for the first full school week in October the formula	24331
ADM~~, which~~. Beginning in fiscal year 2006, each superintendent	24332
also shall certify to the state board, for the schools under the	24333
superintendent's supervision, the formula ADM for the week	24334
established for regular administration of the achievement tests	24335
prescribed under divisions (A)(1)(b) to (f) of section 3301.0710	24336
of the Revised Code. Each superintendent shall certify the second	24337
annual formula ADM no later than two weeks after the regular test	24338
administration. The formula ADM shall consist of the average daily	24339
membership during such week of the sum of the following:	24340

(1) On an FTE basis, the number of students in grades	24341
kindergarten through twelve receiving any educational services	24342
from the district, except that the following categories of	24343
students shall not be included in the determination:	24344

(a) Students enrolled in adult education classes;

24345

(b) Adjacent or other district students enrolled in the	24346
district under an open enrollment policy pursuant to section	24347
3313.98 of the Revised Code;	24348

(c) Students receiving services in the district pursuant to a	24349
compact, cooperative education agreement, or a contract, but who	24350
are entitled to attend school in another district pursuant to	24351
section 3313.64 or 3313.65 of the Revised Code;	24352

(d) Students for whom tuition is payable pursuant to sections	24353
3317.081 and 3323.141 of the Revised Code.	24354

(2) On an FTE basis, the number of students entitled to	24355
attend school in the district pursuant to section 3313.64 or	24356
3313.65 of the Revised Code, but receiving educational services in	24357
grades kindergarten through twelve from one or more of the	24358
following entities:	24359

(a) A community school pursuant to Chapter 3314. of the	24360
Revised Code, including any participation in a college pursuant to	24361
Chapter 3365. of the Revised Code while enrolled in such community	24362
school;, but excluding any enrollment in an internet- or	24363
computer-based community school as defined in section 3314.02 of	24364
the Revised Code. No school district shall include in formula ADM	24365
any enrollment in an internet- or computer-based community school.	24366

(b) An alternative school pursuant to sections 3313.974 to	24367
3313.979 of the Revised Code as described in division (I)(2)(a) or	24368
(b) of this section;	24369

(c) A college pursuant to Chapter 3365. of the Revised Code,	24370
except when the student is enrolled in the college while also	24371
enrolled in a community school pursuant to Chapter 3314. of the	24372
Revised Code;	24373

(d) An adjacent or other school district under an open	24374
enrollment policy adopted pursuant to section 3313.98 of the	24375
Revised Code;	24376

(e) An educational service center or cooperative education	24377
district;	24378

(f) Another school district under a cooperative education	24379
agreement, compact, or contract.	24380

(3) Twenty per cent of the number of students enrolled in a	24381
joint vocational school district or under a vocational education	24382
compact, excluding any students entitled to attend school in the	24383
district under section 3313.64 or 3313.65 of the Revised Code who	24384
are enrolled in another school district through an open enrollment	24385
policy as reported under division (A)(2)(d) of this section and	24386
then enroll in a joint vocational school district or under a	24387
vocational education compact;	24388

(4) The number of handicapped children, other than	24389
handicapped preschool children, entitled to attend school in the	24390
district pursuant to section 3313.64 or 3313.65 of the Revised	24391
Code who are placed with a county MR/DD board, minus the number of	24392
such children placed with a county MR/DD board in fiscal year	24393
1998. If this calculation produces a negative number, the number	24394
reported under division (A)(4) of this section shall be zero.	24395

(B) To enable the department of education to obtain the data	24396
needed to complete the calculation of payments pursuant to this	24397
chapter, in addition to the formula ADM, each superintendent shall	24398
report separately the following student counts for the same week	24399
for which formula ADM is certified:	24400

(1) The total average daily membership in regular day classes	24401
included in the report under division (A)(1) or (2) of this	24402
section for kindergarten, and each of grades one through twelve in	24403
schools under the superintendent's supervision;	24404

(2) The number of all handicapped preschool children enrolled	24405
as of the first day of December in classes in the district that	24406
are eligible for approval under division (B) of section 3317.05 of	24407
the Revised Code and the number of those classes, which shall be	24408
reported not later than the fifteenth day of December, in	24409
accordance with rules adopted under that section;	24410

(3) The number of children entitled to attend school in the	24411
district pursuant to section 3313.64 or 3313.65 of the Revised	24412
Code who are ~~participating~~:	24413

(a) Participating in a pilot project scholarship program	24414
established under sections 3313.974 to 3313.979 of the Revised	24415
Code as described in division (I)(2)(a) or (b) of this section,	24416
~~are enrolled~~;	24417

(b) Enrolled in a college under Chapter 3365. of the Revised	24418
Code, except when the student is enrolled in the college while	24419
also enrolled in a community school pursuant to Chapter 3314. of	24420
the Revised Code~~, are enrolled~~;	24421

(c) Enrolled in an adjacent or other school district under	24422
section 3313.98 of the Revised Code~~, are enrolled~~;	24423

(d) Enrolled in a community school established under Chapter	24424
3314. of the Revised Code that is not an internet- or	24425
computer-based community school as defined in section 3314.02 of	24426
the Revised Code, including any participation in a college	24427
pursuant to Chapter 3365. of the Revised Code while enrolled in	24428
such community school~~, or are participating~~;	24429

(e) Enrolled in an internet- or computer-based community	24430
school, as defined in section 3314.02 of the Revised Code,	24431
including any participation in a college pursuant to Chapter 3365.	24432
of the Revised Code while enrolled in the school;	24433

(f) Enrolled in a registered private school with a	24434
scholarship paid under section 3310.08 of the Revised Code;	24435

(g) Participating in a program operated by a county MR/DD	24436
board or a state institution;	24437

(4) The number of pupils enrolled in joint vocational	24438
schools;	24439

(5) The average daily membership of handicapped children	24440
reported under division (A)(1) or (2) or (B)(3)(e) of this section	24441
receiving special education services for the category one handicap	24442
described in division (A) of section 3317.013 of the Revised Code;	24443

(6) The average daily membership of handicapped children	24444
reported under division (A)(1) or (2) or (B)(3)(e) of this section	24445
receiving special education services for category two handicaps	24446
described in division (B) of section 3317.013 of the Revised Code;	24447

(7) The average daily membership of handicapped children	24448
reported under division (A)(1) or (2) or (B)(3)(e) of this section	24449
receiving special education services for category three handicaps	24450
described in division (C) of section 3317.013 of the Revised Code;	24451

(8) The average daily membership of handicapped children	24452
reported under division (A)(1) or (2) or (B)(3)(e) of this section	24453
receiving special education services for category four handicaps	24454
described in division (D) of section 3317.013 of the Revised Code;	24455

(9) The average daily membership of handicapped children	24456
reported under division (A)(1) or (2) or (B)(3)(e) of this section	24457
receiving special education services for the category five	24458
handicap described in division (E) of section 3317.013 of the	24459
Revised Code;	24460

(10) The average daily membership of handicapped children	24461
reported under division (A)(1) or (2) or (B)(3)(e) of this section	24462
receiving special education services for category six handicaps	24463
described in division (F) of section 3317.013 of the Revised Code;	24464

(11) The average daily membership of pupils reported under	24465
division (A)(1) or (2) of this section enrolled in category one	24466
vocational education programs or classes, described in division	24467
(A) of section 3317.014 of the Revised Code, operated by the	24468
school district or by another district, other than a joint	24469
vocational school district, or by an educational service center;	24470

(12) The average daily membership of pupils reported under	24471
division (A)(1) or (2) of this section enrolled in category two	24472
vocational education programs or services, described in division	24473
(B) of section 3317.014 of the Revised Code, operated by the	24474
school district or another school district, other than a joint	24475
vocational school district, or by an educational service center;	24476

(13) The average number of children transported by the school	24477
district on board-owned or contractor-owned and -operated buses,	24478
reported in accordance with rules adopted by the department of	24479
education;	24480

(14)(a) The number of children, other than handicapped	24481
preschool children, the district placed with a county MR/DD board	24482
in fiscal year 1998;	24483

(b) The number of handicapped children, other than	24484
handicapped preschool children, placed with a county MR/DD board	24485
in the current fiscal year to receive special education services	24486
for the category one handicap described in division (A) of section	24487
3317.013 of the Revised Code;	24488

(c) The number of handicapped children, other than	24489
handicapped preschool children, placed with a county MR/DD board	24490
in the current fiscal year to receive special education services	24491
for category two handicaps described in division (B) of section	24492
3317.013 of the Revised Code;	24493

(d) The number of handicapped children, other than	24494
handicapped preschool children, placed with a county MR/DD board	24495
in the current fiscal year to receive special education services	24496
for category three handicaps described in division (C) of section	24497
3317.013 of the Revised Code;	24498

(e) The number of handicapped children, other than	24499
handicapped preschool children, placed with a county MR/DD board	24500
in the current fiscal year to receive special education services	24501
for category four handicaps described in division (D) of section	24502
3317.013 of the Revised Code;	24503

(f) The number of handicapped children, other than	24504
handicapped preschool children, placed with a county MR/DD board	24505
in the current fiscal year to receive special education services	24506
for the category five handicap described in division (E) of	24507
section 3317.013 of the Revised Code;	24508

(g) The number of handicapped children, other than	24509
handicapped preschool children, placed with a county MR/DD board	24510
in the current fiscal year to receive special education services	24511
for category six handicaps described in division (F) of section	24512
3317.013 of the Revised Code.	24513

(C)(1) Except as otherwise provided in this section for	24514
kindergarten students, the average daily membership in divisions	24515
(B)(1) to (12) of this section shall be based upon the number of	24516
full-time equivalent students. The state board of education shall	24517
adopt rules defining full-time equivalent students and for	24518
determining the average daily membership therefrom for the	24519
purposes of divisions (A), (B), and (D) of this section.	24520

(2) A student enrolled in a community school established	24521
under Chapter 3314. of the Revised Code shall be counted in the	24522
formula ADM and, if applicable, the category one, two, three,	24523
four, five, or six special education ADM of the school district in	24524
which the student is entitled to attend school under section	24525
3313.64 or 3313.65 of the Revised Code for the same proportion of	24526
the school year that the student is counted in the enrollment of	24527
the community school for purposes of section 3314.08 of the	24528
Revised Code.	24529

(3) No child shall be counted as more than a total of one	24530
child in the sum of the average daily memberships of a school	24531
district under division (A), divisions (B)(1) to (12), or division	24532
(D) of this section, except as follows:	24533

(a) A child with a handicap described in section 3317.013 of	24534
the Revised Code may be counted both in formula ADM and in	24535
category one, two, three, four, five, or six special education ADM	24536
and, if applicable, in category one or two vocational education	24537
ADM. As provided in division (C) of section 3317.02 of the Revised	24538
Code, such a child shall be counted in category one, two, three,	24539
four, five, or six special education ADM in the same proportion	24540
that the child is counted in formula ADM.	24541

(b) A child enrolled in vocational education programs or	24542
classes described in section 3317.014 of the Revised Code may be	24543
counted both in formula ADM and category one or two vocational	24544
education ADM and, if applicable, in category one, two, three,	24545
four, five, or six special education ADM. Such a child shall be	24546
counted in category one or two vocational education ADM in the	24547
same proportion as the percentage of time that the child spends in	24548
the vocational education programs or classes.	24549

(4) Based on the information reported under this section, the	24550
department of education shall determine the total student count,	24551
as defined in section 3301.011 of the Revised Code, for each	24552
school district.	24553

(D)(1) The superintendent of each joint vocational school	24554
district shall certify to the superintendent of public instruction	24555
on or before the fifteenth day of October in each year for the	24556
first full school week in October the formula ADM~~, which~~.	24557
Beginning in fiscal year 2006, each superintendent also shall	24558
certify to the state superintendent the formula ADM for the week	24559
established for regular administration of the achievement tests	24560
prescribed under divisions (A)(1)(b) to (f) of section 3301.0710	24561
of the Revised Code. Each superintendent shall certify the second	24562
annual formula ADM no later than two weeks after the regular test	24563
administration. The formula ADM, except as otherwise provided in	24564
this division, shall consist of the average daily membership	24565
during such week, on an FTE basis, of the number of students	24566
receiving any educational services from the district, including	24567
students enrolled in a community school established under Chapter	24568
3314. of the Revised Code who are attending the joint vocational	24569
district under an agreement between the district board of	24570
education and the governing authority of the community school and	24571
are entitled to attend school in a city, local, or exempted	24572
village school district whose territory is part of the territory	24573
of the joint vocational district.	24574

The following categories of students shall not be included in	24575
the determination made under division (D)(1) of this section:	24576

(a) Students enrolled in adult education classes;

24577

(b) Adjacent or other district joint vocational students	24578
enrolled in the district under an open enrollment policy pursuant	24579
to section 3313.98 of the Revised Code;	24580

(c) Students receiving services in the district pursuant to a	24581
compact, cooperative education agreement, or a contract, but who	24582
are entitled to attend school in a city, local, or exempted	24583
village school district whose territory is not part of the	24584
territory of the joint vocational district;	24585

(d) Students for whom tuition is payable pursuant to sections	24586
3317.081 and 3323.141 of the Revised Code.	24587

(2) To enable the department of education to obtain the data	24588
needed to complete the calculation of payments pursuant to this	24589
chapter, in addition to the formula ADM, each superintendent shall	24590
report separately the average daily membership included in the	24591
report under division (D)(1) of this section for each of the	24592
following categories of students for the same week for which	24593
formula ADM is certified:	24594

(a) Students enrolled in each grade included in the joint	24595
vocational district schools;	24596

(b) Handicapped children receiving special education services	24597
for the category one handicap described in division (A) of section	24598
3317.013 of the Revised Code;	24599

(c) Handicapped children receiving special education services	24600
for the category two handicaps described in division (B) of	24601
section 3317.013 of the Revised Code;	24602

(d) Handicapped children receiving special education services	24603
for category three handicaps described in division (C) of section	24604
3317.013 of the Revised Code;	24605

(e) Handicapped children receiving special education services	24606
for category four handicaps described in division (D) of section	24607
3317.013 of the Revised Code;	24608

(f) Handicapped children receiving special education services	24609
for the category five handicap described in division (E) of	24610
section 3317.013 of the Revised Code;	24611

(g) Handicapped children receiving special education services	24612
for category six handicaps described in division (F) of section	24613
3317.013 of the Revised Code;	24614

(h) Students receiving category one vocational education	24615
services, described in division (A) of section 3317.014 of the	24616
Revised Code;	24617

(i) Students receiving category two vocational education	24618
services, described in division (B) of section 3317.014 of the	24619
Revised Code.	24620

The superintendent of each joint vocational school district	24621
shall also indicate the city, local, or exempted village school	24622
district in which each joint vocational district pupil is entitled	24623
to attend school pursuant to section 3313.64 or 3313.65 of the	24624
Revised Code.	24625

(E) In each school of each city, local, exempted village,	24626
joint vocational, and cooperative education school district there	24627
shall be maintained a record of school membership, which record	24628
shall accurately show, for each day the school is in session, the	24629
actual membership enrolled in regular day classes. For the purpose	24630
of determining average daily membership, the membership figure of	24631
any school shall not include any pupils except those pupils	24632
described by division (A) of this section. The record of	24633
membership for each school shall be maintained in such manner that	24634
no pupil shall be counted as in membership prior to the actual	24635
date of entry in the school and also in such manner that where for	24636
any cause a pupil permanently withdraws from the school that pupil	24637
shall not be counted as in membership from and after the date of	24638
such withdrawal. There shall not be included in the membership of	24639
any school any of the following:	24640

(1) Any pupil who has graduated from the twelfth grade of a	24641
public high school;	24642

(2) Any pupil who is not a resident of the state;

24643

(3) Any pupil who was enrolled in the schools of the district	24644
during the previous school year when tests were administered under	24645
section 3301.0711 of the Revised Code but did not take one or more	24646
of the tests required by that section and was not excused pursuant	24647
to division (C)(1) or (3) of that section;	24648

(4) Any pupil who has attained the age of twenty-two years,	24649
except for veterans of the armed services whose attendance was	24650
interrupted before completing the recognized twelve-year course of	24651
the public schools by reason of induction or enlistment in the	24652
armed forces and who apply for reenrollment in the public school	24653
system of their residence not later than four years after	24654
termination of war or their honorable discharge.	24655

If, however, any veteran described by division (E)(4) of this	24656
section elects to enroll in special courses organized for veterans	24657
for whom tuition is paid under the provisions of federal laws, or	24658
otherwise, that veteran shall not be included in average daily	24659
membership.	24660

Notwithstanding division (E)(3) of this section, the	24661
membership of any school may include a pupil who did not take a	24662
test required by section 3301.0711 of the Revised Code if the	24663
superintendent of public instruction grants a waiver from the	24664
requirement to take the test to the specific pupil. The	24665
superintendent may grant such a waiver only for good cause in	24666
accordance with rules adopted by the state board of education.	24667

Except as provided in divisions (B)(2) and (F) of this	24668
section, the average daily membership figure of any local, city,	24669
exempted village, or joint vocational school district shall be	24670
determined by dividing the figure representing the sum of the	24671
number of pupils enrolled during each day the school of attendance	24672
is actually open for instruction during the ~~first full school~~ week	24673
~~in October~~for which the formula ADM is being certified by the	24674
total number of days the school was actually open for instruction	24675
during that week. For purposes of state funding, "enrolled"	24676
persons are only those pupils who are attending school, those who	24677
have attended school during the current school year and are absent	24678
for authorized reasons, and those handicapped children currently	24679
receiving home instruction.	24680

The average daily membership figure of any cooperative	24681
education school district shall be determined in accordance with	24682
rules adopted by the state board of education.	24683

(F)(1) If the formula ADM for the first full school week in	24684
February is at least three per cent greater than that certified	24685
for the first full school week in the preceding October, the	24686
superintendent of schools of any city, exempted village, or joint	24687
vocational school district or educational service center shall	24688
certify such increase to the superintendent of public instruction.	24689
Such certification shall be submitted no later than the fifteenth	24690
day of February. For the balance of the fiscal year, beginning	24691
with the February payments, the superintendent of public	24692
instruction shall use the increased formula ADM in calculating or	24693
recalculating the amounts to be allocated in accordance with	24694
section 3317.022 or 3317.16 of the Revised Code. In no event shall	24695
the superintendent use an increased membership certified to the	24696
superintendent after the fifteenth day of February. Division	24697
(F)(1) of this section does not apply after fiscal year 2006.	24698

(2) If on the first school day of April the total number of	24699
classes or units for handicapped preschool children that are	24700
eligible for approval under division (B) of section 3317.05 of the	24701
Revised Code exceeds the number of units that have been approved	24702
for the year under that division, the superintendent of schools of	24703
any city, exempted village, or cooperative education school	24704
district or educational service center shall make the	24705
certifications required by this section for that day. If the	24706
department determines additional units can be approved for the	24707
fiscal year within any limitations set forth in the acts	24708
appropriating moneys for the funding of such units, the department	24709
shall approve additional units for the fiscal year on the basis of	24710
such average daily membership. For each unit so approved, the	24711
department shall pay an amount computed in the manner prescribed	24712
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	24713
Code.	24714

(3) If a student attending a community school under Chapter	24715
3314. of the Revised Code is not included in the formula ADM	24716
certified ~~for the first full school week of October~~ for the school	24717
district in which the student is entitled to attend school under	24718
section 3313.64 or 3313.65 of the Revised Code, the department of	24719
education shall adjust the formula ADM of that school district to	24720
include the community school student in accordance with division	24721
(C)(2) of this section, and shall recalculate the school	24722
district's payments under this chapter for the entire fiscal year	24723
on the basis of that adjusted formula ADM. This requirement	24724
applies regardless of whether the student was enrolled, as defined	24725
in division (E) of this section, in the community school during	24726
the first full school week in October.	24727

(G)(1)(a) The superintendent of an institution operating a	24728
special education program pursuant to section 3323.091 of the	24729
Revised Code shall, for the programs under such superintendent's	24730
supervision, certify to the state board of education ~~the~~, in the	24731
manner prescribed by the superintendent of public instruction,	24732
both of the following:	24733

(i) The average daily membership of all handicapped children	24734
other than handicapped preschool children receiving services at	24735
the institution for each category of handicap described in	24736
divisions (A) to (F) of section 3317.013 of the Revised Code;	24737

(ii) The average daily membership of all handicapped	24738
preschool children in classes or programs approved annually by the	24739
department of education~~, in the manner prescribed by the~~	24740
~~superintendent of public instruction~~for unit funding under	24741
section 3317.05 of the Revised Code.	24742

(b) The superintendent of an institution with vocational	24743
education units approved under division (A) of section 3317.05 of	24744
the Revised Code shall, for the units under the superintendent's	24745
supervision, certify to the state board of education the average	24746
daily membership in those units, in the manner prescribed by the	24747
superintendent of public instruction.	24748

(2) The superintendent of each county MR/DD board that	24749
maintains special education classes under section 3317.20 of the	24750
Revised Code or units approved pursuant to section 3317.05 of the	24751
Revised Code shall do both of the following:	24752

(a) Certify to the state board, in the manner prescribed by	24753
the board, the average daily membership in classes under section	24754
3317.20 of the Revised Code for each school district that has	24755
placed children in the classes;	24756

(b) Certify to the state board, in the manner prescribed by	24757
the board, the number of all handicapped preschool children	24758
enrolled as of the first day of December in classes eligible for	24759
approval under division (B) of section 3317.05 of the Revised	24760
Code, and the number of those classes.	24761

(3)(a) If on the first school day of April the number of	24762
classes or units maintained for handicapped preschool children by	24763
the county MR/DD board that are eligible for approval under	24764
division (B) of section 3317.05 of the Revised Code is greater	24765
than the number of units approved for the year under that	24766
division, the superintendent shall make the certification required	24767
by this section for that day.	24768

(b) If the department determines that additional classes or	24769
units can be approved for the fiscal year within any limitations	24770
set forth in the acts appropriating moneys for the funding of the	24771
classes and units described in division (G)(3)(a) of this section,	24772
the department shall approve and fund additional units for the	24773
fiscal year on the basis of such average daily membership. For	24774
each unit so approved, the department shall pay an amount computed	24775
in the manner prescribed in sections 3317.052 and 3317.053 of the	24776
Revised Code.	24777

(H) Except as provided in division (I) of this section, when	24778
any city, local, or exempted village school district provides	24779
instruction for a nonresident pupil whose attendance is	24780
unauthorized attendance as defined in section 3327.06 of the	24781
Revised Code, that pupil's membership shall not be included in	24782
that district's membership figure used in the calculation of that	24783
district's formula ADM or included in the determination of any	24784
unit approved for the district under section 3317.05 of the	24785
Revised Code. The reporting official shall report separately the	24786
average daily membership of all pupils whose attendance in the	24787
district is unauthorized attendance, and the membership of each	24788
such pupil shall be credited to the school district in which the	24789
pupil is entitled to attend school under division (B) of section	24790
3313.64 or section 3313.65 of the Revised Code as determined by	24791
the department of education.	24792

(I)(1) A city, local, exempted village, or joint vocational	24793
school district admitting a scholarship student of a pilot project	24794
district pursuant to division (C) of section 3313.976 of the	24795
Revised Code may count such student in its average daily	24796
membership.	24797

(2) In any year for which funds are appropriated for pilot	24798
project scholarship programs, a school district implementing a	24799
state-sponsored pilot project scholarship program that year	24800
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	24801
count in average daily membership:	24802

(a) All children residing in the district and utilizing a	24803
scholarship to attend kindergarten in any alternative school, as	24804
defined in section 3313.974 of the Revised Code;	24805

(b) All children who were enrolled in the district in the	24806
preceding year who are utilizing a scholarship to attend any such	24807
alternative school.	24808

(J) The superintendent of each cooperative education school	24809
district shall certify to the superintendent of public	24810
instruction, in a manner prescribed by the state board of	24811
education, the applicable average daily memberships for all	24812
students in the cooperative education district, also indicating	24813
the city, local, or exempted village district where each pupil is	24814
entitled to attend school under section 3313.64 or 3313.65 of the	24815
Revised Code.	24816

Sec. 3317.034. (A) The superintendent of each city, local,	24817
exempted village, and joint vocational school district shall	24818
notify the department of education once any student included in	24819
the district's formula ADM has been absent from the student's	24820
assigned school without legitimate excuse for twenty-one	24821
consecutive days the school is open for instruction or, if the	24822
school operates under an alternative attendance schedule adopted	24823
under section 3313.481 of the Revised Code, for one hundred five	24824
consecutive hours the school is open for instruction.	24825

(B) The department shall subtract from a school district's	24826
formula ADM each student reported under division (A) of this	24827
section and shall recalculate the district's payments under this	24828
chapter using the adjusted formula ADM.	24829

(C) If the department determines that a school district has	24830
failed to report a student as required under division (A) of this	24831
section, the department shall subtract that student from the	24832
district's formula ADM and shall subtract the equivalent of one	24833
additional student for each student the district fails to report	24834
and shall recalculate the district's payments under this chapter	24835
using the adjusted formula ADM.	24836

Sec. 3317.035. The auditor of state annually shall conduct	24837
audits of the information certified under section 3317.03 of the	24838
Revised Code by a number of school districts determined by the	24839
auditor of state and selected at random.	24840

Sec. 3317.05. (A) For the purpose of calculating payments	24841
under sections 3317.052 and 3317.053 of the Revised Code, the	24842
department of education shall determine for each institution, by	24843
the last day of January of each year and based on information	24844
certified under section 3317.03 of the Revised Code, the number of	24845
vocational education units or fractions of units approved by the	24846
department on the basis of standards and rules adopted by the	24847
state board of education. As used in this division, "institution"	24848
means an institution operated by a department specified in section	24849
3323.091 of the Revised Code and that provides vocational	24850
education programs under the supervision of the division of	24851
vocational education of the department that meet the standards and	24852
rules for these programs, including licensure of professional	24853
staff involved in the programs, as established by the state board.	24854

(B) For the purpose of calculating payments under sections	24855
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	24856
department shall determine, based on information certified under	24857
section 3317.03 of the Revised Code, the following by the last day	24858
of January of each year for each educational service center, for	24859
each school district, including each cooperative education school	24860
district, for each institution eligible for payment under section	24861
3323.091 of the Revised Code, and for each county MR/DD board: the	24862
number of classes operated by the school district, service center,	24863
institution, or county MR/DD board for handicapped preschool	24864
children, or fraction thereof, including in the case of a district	24865
or service center that is a funding agent, classes taught by a	24866
licensed teacher employed by that district or service center under	24867
section 3313.841 of the Revised Code, approved annually by the	24868
department on the basis of standards and rules adopted by the	24869
state board.	24870

(C) For the purpose of calculating payments under sections	24871
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	24872
department shall determine, based on information certified under	24873
section 3317.03 of the Revised Code, the following by the last day	24874
of January of each year for each school district, including each	24875
cooperative education school district, for each institution	24876
eligible for payment under section 3323.091 of the Revised Code,	24877
and for each county MR/DD board: the number of preschool	24878
handicapped related services units for child study, occupational,	24879
physical, or speech and hearing therapy, special education	24880
supervisors, and special education coordinators approved annually	24881
by the department on the basis of standards and rules adopted by	24882
the state board.	24883

(D) ~~For the purpose of calculating payments under sections~~	24884
~~3317.052 and 3317.053 of the Revised Code, the department shall~~	24885
~~determine, based on information certified under section 3317.03 of~~	24886
~~the Revised Code, the following by the last day of January of each~~	24887
~~year for each institution eligible for payment under section~~	24888
~~3323.091 of the Revised Code:~~	24889

~~(1) The number of classes operated by an institution for~~	24890
~~handicapped children other than handicapped preschool children, or~~	24891
~~fraction thereof, approved annually by the department on the basis~~	24892
~~of standards and rules adopted by the state board;~~	24893

~~(2) The number of related services units for children other~~	24894
~~than handicapped preschool children for child study, occupational,~~	24895
~~physical, or speech and hearing therapy, special education~~	24896
~~supervisors, and special education coordinators approved annually~~	24897
~~by the department on the basis of standards and rules adopted by~~	24898
~~the state board.~~	24899

~~(E)~~ All of the arithmetical calculations made under this	24900
section shall be carried to the second decimal place. The total	24901
number of units for school districts, service centers, and	24902
institutions approved annually under this section shall not exceed	24903
the number of units included in the estimate of cost for these	24904
units and appropriations made for them by the general assembly.	24905

~~In the case of units described in division (D)(1) of this~~	24906
~~section operated by institutions eligible for payment under~~	24907
~~section 3323.091 of the Revised Code, the department shall approve~~	24908
~~only units for persons who are under age twenty-two on the first~~	24909
~~day of the academic year, but not less than six years of age on~~	24910
~~the thirtieth day of September of that year, except that such a~~	24911
~~unit may include one or more children who are under six years of~~	24912
~~age on the thirtieth day of September if such children have been~~	24913
~~admitted to the unit pursuant to rules of the state board.~~ In the	24914
case of handicapped preschool units described in division (B) of	24915
this section, the department shall approve only preschool units	24916
for children who are under age six but not less than age three on	24917
the ~~first~~thirtieth day of ~~December~~September of the academic	24918
year, or on the first day of August of the academic year if the	24919
school district in which the child is enrolled has adopted a	24920
resolution under division (A)(3) of section 3321.01 of the Revised	24921
Code, except that such a unit may include one or more children who	24922
are under age three or are age six or over on the ~~first day of~~	24923
~~December~~applicable date, as reported under division (B)(2) or	24924
(G)(2)(b) of section 3317.03 of the Revised Code, if such children	24925
have been admitted to the unit pursuant to rules of the state	24926
board. The number of units for county MR/DD boards and	24927
institutions eligible for payment under section 3323.091 of the	24928
Revised Code approved under this section shall not exceed the	24929
number that can be funded with appropriations made for such	24930
purposes by the general assembly.	24931

No unit shall be approved under divisions (B) ~~to (D)~~and (C)	24932
of this section unless a plan has been submitted and approved	24933
under Chapter 3323. of the Revised Code.	24934

~~(F)~~(E) The department shall approve units or fractions	24935
thereof for gifted children on the basis of standards and rules	24936
adopted by the state board.	24937

Sec. 3317.052. As used in this section, "institution" means	24938
an institution operated by a department specified in division (A)	24939
of section 3323.091 of the Revised Code.	24940

(A)(1) The department of education shall pay each school	24941
district, educational service center, institution eligible for	24942
payment under section 3323.091 of the Revised Code, or county	24943
MR/DD board an amount for the total of all classroom units for	24944
handicapped preschool children approved under division (B) of	24945
section 3317.05 of the Revised Code. For each unit, the amount	24946
shall be the sum of the minimum salary for the teacher of the	24947
unit, calculated on the basis of the teacher's training level and	24948
years of experience pursuant to the salary schedule prescribed in	24949
the version of section 3317.13 of the Revised Code in effect prior	24950
to ~~the effective date of this amendment~~July 1, 2001, plus fifteen	24951
per cent of that minimum salary amount, and eight thousand	24952
twenty-three dollars.	24953

(2) The department shall pay each school district,	24954
educational service center, institution eligible for payment under	24955
section 3323.091 of the Revised Code, or county MR/DD board an	24956
amount for the total of all related services units for handicapped	24957
preschool children approved under division (C) of section 3317.05	24958
of the Revised Code. For each such unit, the amount shall be the	24959
sum of the minimum salary for the teacher of the unit calculated	24960
on the basis of the teacher's training level and years of	24961
experience pursuant to the salary schedule prescribed in the	24962
version of section 3317.13 of the Revised Code in effect prior to	24963
~~the effective date of this amendment~~July 1, 2001, fifteen per	24964
cent of that minimum salary amount, and two thousand one hundred	24965
thirty-two dollars.	24966

(B) If a school district, educational service center, or	24967
county MR/DD board has had additional handicapped preschool units	24968
approved for the year under division (F)(2) or (G)(3) of section	24969
3317.03 of the Revised Code, the district, educational service	24970
center, or board shall receive an additional amount during the	24971
last half of the fiscal year. For each district, center, or board,	24972
the additional amount for each unit shall equal fifty per cent of	24973
the amounts computed for the unit in the manner prescribed by	24974
division (A) of this section and division (C) of section 3317.053	24975
of the Revised Code.	24976

(C)~~(1) The department shall pay each institution eligible for~~	24977
~~payment under section 3323.091 of the Revised Code or county MR/DD~~	24978
~~board an amount for the total of all special education units~~	24979
~~approved under division (D)(1) of section 3317.05 of the Revised~~	24980
~~Code. The amount for each unit shall be the sum of the minimum~~	24981
~~salary for the teacher of the unit, calculated on the basis of the~~	24982
~~teacher's training level and years of experience pursuant to the~~	24983
~~salary schedule prescribed in the version of section 3317.13 of~~	24984
~~the Revised Code in effect prior to the effective date of this~~	24985
~~amendment, plus fifteen per cent of that minimum salary amount,~~	24986
~~and eight thousand twenty-three dollars.~~	24987

~~(2) The department shall pay each institution eligible for~~	24988
~~payment under section 3323.091 of the Revised Code an amount for~~	24989
~~the total of all related services units approved under division~~	24990
~~(D)(2) of section 3317.05 of the Revised Code. The amount for each~~	24991
~~unit shall be the sum of the minimum salary for the teacher of the~~	24992
~~unit, calculated on the basis of the teacher's training level and~~	24993
~~years of experience pursuant to the salary schedule prescribed in~~	24994
~~the version of section 3317.13 of the Revised Code in effect prior~~	24995
~~to the effective date of this amendment, plus fifteen per cent of~~	24996
~~that minimum salary amount, and two thousand one hundred~~	24997
~~thirty-two dollars.~~	24998

~~(D)~~ The department shall pay each institution approved for	24999
vocational education units under division (A) of section 3317.05	25000
of the Revised Code an amount for the total of all the units	25001
approved under that division. The amount for each unit shall be	25002
the sum of the minimum salary for the teacher of the unit,	25003
calculated on the basis of the teacher's training level and years	25004
of experience pursuant to the salary schedule prescribed in the	25005
version of section 3317.13 of the Revised Code in effect prior to	25006
~~the effective date of this amendment~~July 1, 2001, plus fifteen	25007
per cent of that minimum salary amount, and nine thousand five	25008
hundred ten dollars.	25009

Sec. 3317.053. (A) As used in this section:

25010

(1) "State share percentage" has the same meaning as in	25011
section 3317.022 of the Revised Code.	25012

(2) "Dollar amount" means the amount shown in the following	25013
table for the corresponding type of unit:	25014

TYPE OF UNIT	DOLLAR AMOUNT	25015
Division (B) of section 3317.05		25016
of the Revised Code	$8,334	25017
Division (C) of that section	$3,234	25018
Division ~~(F)~~(E) of that section	$5,550	25019

(3) "Average unit amount" means the amount shown in the	25020
following table for the corresponding type of unit:	25021

		25022
TYPE OF UNIT	AVERAGE UNIT AMOUNT	25023
Division (B) of section 3317.05		25024
of the Revised Code	$7,799	25025
Division (C) of that section	$2,966	25026
Division ~~(F)~~(E) of that section	$5,251	25027

(B) In the case of each unit described in division (B), (C),	25028
or ~~(F)~~(E) of section 3317.05 of the Revised Code and allocated to	25029
a city, local, or exempted village school district, the department	25030
of education, in addition to the amounts specified in division (P)	25031
of section 3317.024 and sections 3317.052 and 3317.19 of the	25032
Revised Code, shall pay a supplemental unit allowance equal to the	25033
sum of the following amounts:	25034

(1) An amount equal to 50% of the average unit amount for the	25035
unit;	25036

(2) An amount equal to the percentage of the dollar amount	25037
for the unit that equals the district's state share percentage.	25038

If, prior to the fifteenth day of May of a fiscal year, a	25039
school district's aid computed under section 3317.022 of the	25040
Revised Code is recomputed pursuant to section 3317.027 or	25041
3317.028 of the Revised Code, the department shall also recompute	25042
the district's entitlement to payment under this section utilizing	25043
a new state share percentage. Such new state share percentage	25044
shall be determined using the district's recomputed basic aid	25045
amount pursuant to section 3317.027 or 3317.028 of the Revised	25046
Code. During the last six months of the fiscal year, the	25047
department shall pay the district a sum equal to one-half of the	25048
recomputed payment in lieu of one-half the payment otherwise	25049
calculated under this section.	25050

(C)(1) In the case of each unit allocated to an institution	25051
pursuant to division (A) of section 3317.05 of the Revised Code,	25052
the department, in addition to the amount specified in section	25053
3317.052 of the Revised Code, shall pay a supplemental unit	25054
allowance of $7,227.	25055

(2) In the case of each unit described in division (B) or	25056
~~(D)(1)~~ of section 3317.05 of the Revised Code that is allocated to	25057
any entity other than a city, exempted village, or local school	25058
district, the department, in addition to the amount specified in	25059
section 3317.052 of the Revised Code, shall pay a supplemental	25060
unit allowance of $7,799.	25061

(3) In the case of each unit described in division (C) or	25062
~~(D)(2)~~ of section 3317.05 of the Revised Code and allocated to any	25063
entity other than a city, exempted village, or local school	25064
district, the department, in addition to the amounts specified in	25065
section 3317.052 of the Revised Code, shall pay a supplemental	25066
unit allowance of $2,966.	25067

(4) In the case of each unit described in division ~~(F)~~(E) of	25068
section 3317.05 of the Revised Code and allocated to an	25069
educational service center, the department, in addition to the	25070
amounts specified in division (P) of section 3317.024 of the	25071
Revised Code, shall pay a supplemental unit allowance of $5,251.	25072

Sec. 3317.06. Moneys paid to school districts under division	25073
(L) of section 3317.024 of the Revised Code shall be used for the	25074
following independent and fully severable purposes:	25075

(A) To purchase such secular textbooks or electronic	25076
textbooks as have been approved by the superintendent of public	25077
instruction for use in public schools in the state and to loan	25078
such textbooks or electronic textbooks to pupils attending	25079
nonpublic schools within the district or to their parents and to	25080
hire clerical personnel to administer such lending program. Such	25081
loans shall be based upon individual requests submitted by such	25082
nonpublic school pupils or parents. Such requests shall be	25083
submitted to the school district in which the nonpublic school is	25084
located. Such individual requests for the loan of textbooks or	25085
electronic textbooks shall, for administrative convenience, be	25086
submitted by the nonpublic school pupil or the pupil's parent to	25087
the nonpublic school, which shall prepare and submit collective	25088
summaries of the individual requests to the school district. As	25089
used in this section:	25090

(1) "Textbook" means any book or book substitute that a pupil	25091
uses as a consumable or nonconsumable text, text substitute, or	25092
text supplement in a particular class or program in the school the	25093
pupil regularly attends.	25094

(2) "Electronic textbook" means computer software,	25095
interactive videodisc, magnetic media, CD-ROM, computer	25096
courseware, local and remote computer assisted instruction,	25097
on-line service, electronic medium, or other means of conveying	25098
information to the student or otherwise contributing to the	25099
learning process through electronic means.	25100

(B) To provide speech and hearing diagnostic services to	25101
pupils attending nonpublic schools within the district. Such	25102
service shall be provided in the nonpublic school attended by the	25103
pupil receiving the service.	25104

(C) To provide physician, nursing, dental, and optometric	25105
services to pupils attending nonpublic schools within the	25106
district. Such services shall be provided in the school attended	25107
by the nonpublic school pupil receiving the service.	25108

(D) To provide diagnostic psychological services to pupils	25109
attending nonpublic schools within the district. Such services	25110
shall be provided in the school attended by the pupil receiving	25111
the service.	25112

(E) To provide therapeutic psychological and speech and	25113
hearing services to pupils attending nonpublic schools within the	25114
district. Such services shall be provided in the public school, in	25115
nonpublic schools, in public centers, or in mobile units located	25116
on or off of the nonpublic premises. If such services are provided	25117
in the public school or in public centers, transportation to and	25118
from such facilities shall be provided by the school district in	25119
which the nonpublic school is located.	25120

(F) To provide guidance and counseling services to pupils	25121
attending nonpublic schools within the district. Such services	25122
shall be provided in the public school, in nonpublic schools, in	25123
public centers, or in mobile units located on or off of the	25124
nonpublic premises. If such services are provided in the public	25125
school or in public centers, transportation to and from such	25126
facilities shall be provided by the school district in which the	25127
nonpublic school is located.	25128

(G) To provide remedial services to pupils attending	25129
nonpublic schools within the district. Such services shall be	25130
provided in the public school, in nonpublic schools, in public	25131
centers, or in mobile units located on or off of the nonpublic	25132
premises. If such services are provided in the public school or in	25133
public centers, transportation to and from such facilities shall	25134
be provided by the school district in which the nonpublic school	25135
is located.	25136

(H) To supply for use by pupils attending nonpublic schools	25137
within the district such standardized tests and scoring services	25138
as are in use in the public schools of the state;	25139

(I) To provide programs for children who attend nonpublic	25140
schools within the district and are handicapped children as	25141
defined in division (A) of section 3323.01 of the Revised Code or	25142
gifted children. Such programs shall be provided in the public	25143
school, in nonpublic schools, in public centers, or in mobile	25144
units located on or off of the nonpublic premises. If such	25145
programs are provided in the public school or in public centers,	25146
transportation to and from such facilities shall be provided by	25147
the school district in which the nonpublic school is located.	25148

(J) To hire clerical personnel to assist in the	25149
administration of programs pursuant to divisions (B), (C), (D),	25150
(E), (F), (G), and (I) of this section and to hire supervisory	25151
personnel to supervise the providing of services and textbooks	25152
pursuant to this section.	25153

(K) To purchase or lease any secular, neutral, and	25154
nonideological computer software (including site-licensing),	25155
prerecorded video laserdiscs, digital video on demand (DVD),	25156
compact discs, and video cassette cartridges, wide area	25157
connectivity and related technology as it relates to internet	25158
access, mathematics or science equipment and materials,	25159
instructional materials, and school library materials that are in	25160
general use in the public schools of the state and loan such items	25161
to pupils attending nonpublic schools within the district or to	25162
their parents, and to hire clerical personnel to administer the	25163
lending program. Only such items that are incapable of diversion	25164
to religious use and that are susceptible of loan to individual	25165
pupils and are furnished for the use of individual pupils shall be	25166
purchased and loaned under this division. As used in this section,	25167
"instructional materials" means prepared learning materials that	25168
are secular, neutral, and nonideological in character and are of	25169
benefit to the instruction of school children, and may include	25170
educational resources and services developed by the agency	25171
designated by the governor to assume the functions of the Ohio	25172
schoolnet commission.	25173

(L) To purchase or lease instructional equipment, including	25174
computer hardware and related equipment in general use in the	25175
public schools of the state, for use by pupils attending nonpublic	25176
schools within the district and to loan such items to pupils	25177
attending nonpublic schools within the district or to their	25178
parents, and to hire clerical personnel to administer the lending	25179
program.	25180

(M) To purchase mobile units to be used for the provision of	25181
services pursuant to divisions (E), (F), (G), and (I) of this	25182
section and to pay for necessary repairs and operating costs	25183
associated with these units.	25184

Clerical and supervisory personnel hired pursuant to division	25185
(J) of this section shall perform their services in the public	25186
schools, in nonpublic schools, public centers, or mobile units	25187
where the services are provided to the nonpublic school pupil,	25188
except that such personnel may accompany pupils to and from the	25189
service sites when necessary to ensure the safety of the children	25190
receiving the services.	25191

All services provided pursuant to this section may be	25192
provided under contract with educational service centers, the	25193
department of health, city or general health districts, or private	25194
agencies whose personnel are properly licensed by an appropriate	25195
state board or agency.	25196

Transportation of pupils provided pursuant to divisions (E),	25197
(F), (G), and (I) of this section shall be provided by the school	25198
district from its general funds and not from moneys paid to it	25199
under division (L) of section 3317.024 of the Revised Code unless	25200
a special transportation request is submitted by the parent of the	25201
child receiving service pursuant to such divisions. If such an	25202
application is presented to the school district, it may pay for	25203
the transportation from moneys paid to it under division (L) of	25204
section 3317.024 of the Revised Code.	25205

No school district shall provide health or remedial services	25206
to nonpublic school pupils as authorized by this section unless	25207
such services are available to pupils attending the public schools	25208
within the district.	25209

Materials, equipment, computer hardware or software,	25210
textbooks, electronic textbooks, and health and remedial services	25211
provided for the benefit of nonpublic school pupils pursuant to	25212
this section and the admission of pupils to such nonpublic schools	25213
shall be provided without distinction as to race, creed, color, or	25214
national origin of such pupils or of their teachers.	25215

No school district shall provide services, materials, or	25216
equipment that contain religious content for use in religious	25217
courses, devotional exercises, religious training, or any other	25218
religious activity.	25219

As used in this section, "parent" includes a person standing	25220
in loco parentis to a child.	25221

Notwithstanding section 3317.01 of the Revised Code, payments	25222
shall be made under this section to any city, local, or exempted	25223
village school district within which is located one or more	25224
nonpublic elementary or high schools and any payments made to	25225
school districts under division (L) of section 3317.024 of the	25226
Revised Code for purposes of this section may be disbursed without	25227
submission to and approval of the controlling board.	25228

The allocation of payments for materials, equipment,	25229
textbooks, electronic textbooks, health services, and remedial	25230
services to city, local, and exempted village school districts	25231
shall be on the basis of the state board of education's estimated	25232
annual average daily membership in nonpublic elementary and high	25233
schools located in the district.	25234

Payments made to city, local, and exempted village school	25235
districts under this section shall be equal to specific	25236
appropriations made for the purpose. All interest earned by a	25237
school district on such payments shall be used by the district for	25238
the same purposes and in the same manner as the payments may be	25239
used.	25240

The department of education shall adopt guidelines and	25241
procedures under which such programs and services shall be	25242
provided, under which districts shall be reimbursed for	25243
administrative costs incurred in providing such programs and	25244
services, and under which any unexpended balance of the amounts	25245
appropriated by the general assembly to implement this section may	25246
be transferred to the auxiliary services personnel unemployment	25247
compensation fund established pursuant to section 4141.47 of the	25248
Revised Code. The department shall also adopt guidelines and	25249
procedures limiting the purchase and loan of the items described	25250
in division (K) of this section to items that are in general use	25251
in the public schools of the state, that are incapable of	25252
diversion to religious use, and that are susceptible to individual	25253
use rather than classroom use. Within thirty days after the end of	25254
each biennium, each board of education shall remit to the	25255
department all moneys paid to it under division (L) of section	25256
3317.024 of the Revised Code and any interest earned on those	25257
moneys that are not required to pay expenses incurred under this	25258
section during the biennium for which the money was appropriated	25259
and during which the interest was earned. If a board of education	25260
subsequently determines that the remittal of moneys leaves the	25261
board with insufficient money to pay all valid expenses incurred	25262
under this section during the biennium for which the remitted	25263
money was appropriated, the board may apply to the department of	25264
education for a refund of money, not to exceed the amount of the	25265
insufficiency. If the department determines the expenses were	25266
lawfully incurred and would have been lawful expenditures of the	25267
refunded money, it shall certify its determination and the amount	25268
of the refund to be made to the director of job and family	25269
services who shall make a refund as provided in section 4141.47 of	25270
the Revised Code.	25271

Sec. 3317.081. (A) Tuition shall be computed in accordance	25272
with this section if:	25273

(1) The tuition is required by division (C)(3)(b) of section	25274
3313.64 of the Revised Code; or	25275

(2) Neither the child nor the child's parent resides in this	25276
state and tuition is required by section 3327.06 of the Revised	25277
Code.	25278

(B) Tuition computed in accordance with this section shall	25279
equal the attendance district's tuition rate computed under	25280
section 3317.08 of the Revised Code plus the amount that district	25281
would have received for the child pursuant to sections 3317.022,	25282
3317.023, and 3317.025 to ~~3317.0213~~3317.0212 of the Revised Code	25283
during the school year had the attendance district been authorized	25284
to count the child in its formula ADM for that school year under	25285
section 3317.03 of the Revised Code.	25286

Sec. 3317.09. All moneys distributed to a school district,	25287
including any cooperative education or joint vocational school	25288
district and all moneys distributed to any educational service	25289
center, by the state whether from a state or federal source, shall	25290
be accounted for by the division of school finance of the	25291
department of education. All moneys distributed shall be coded as	25292
to county, school district or educational service center, source,	25293
and other pertinent information, and at the end of each month, a	25294
report of such distribution shall be made by such division of	25295
school finance ~~to the clerk of the senate and the chief~~	25296
~~administrative officer of the house of representatives, to the~~	25297
~~Ohio legislative service commission to be available for~~	25298
~~examination by any member of either house,~~ to each school district	25299
and educational service center~~, and to the governor.~~	25300

~~On or before the first day of September in each year, a copy~~	25301
~~of the annual statistical report required in section 3319.33 of~~	25302
~~the Revised Code shall be filed by the state board of education~~	25303
~~with the clerk of the senate and the chief administrative officer~~	25304
~~of the house of representatives, the Ohio legislative service~~	25305
~~commission, the governor, and the auditor of state. The report~~	25306
~~shall contain an analysis for the prior fiscal year on an accrual~~	25307
~~basis of revenue receipts from all sources and expenditures for~~	25308
~~all purposes for each school district, including each joint~~	25309
~~vocational and cooperative education school district, in the~~	25310
~~state~~. If any board of education fails to make the report required	25311
in section 3319.33 of the Revised Code, the superintendent of	25312
public instruction shall be without authority to distribute funds	25313
to that school district or educational service center pursuant to	25314
sections 3317.022 to 3317.0212, 3317.11, 3317.16, 3317.17, or	25315
3317.19 of the Revised Code until such time as the required	25316
reports are filed with all specified officers, boards, or	25317
agencies.	25318

Sec. 3317.10. (A) On or before the first day of March of	25319
each year, the department of job and family services shall certify	25320
to the state board of education the unduplicated number of	25321
children ages five through seventeen residing in each school	25322
district and living in a family that, during the preceding	25323
October, had family income not exceeding the federal poverty	25324
guidelines as defined in section 5101.46 of the Revised Code and	25325
participated in one of the following:	25326

(1) Ohio works first;

25327

(2) The food stamp program;

25328

(3) The medical assistance program, including the healthy	25329
start program, established under Chapter 5111. of the Revised	25330
Code;	25331

(4) The children's health insurance program part I	25332
established under section 5101.50 of the Revised Code;	25333

(5) The disability financial assistance program established	25334
under Chapter 5115. of the Revised Code;	25335

~~(6) The disability medical assistance program established~~	25336
~~under Chapter 5115. of the Revised Code~~.	25337

The department of job and family services shall certify this	25338
information according to the school district of residence for each	25339
child. Except as provided under division (B) of this section, the	25340
number of children so certified in any year shall be used by the	25341
department of education in calculating the distribution of moneys	25342
for the ensuing fiscal year as provided in section 3317.029 of the	25343
Revised Code.	25344

(B) Upon the transfer of part of the territory of one school	25345
district to the territory of one or more other school districts,	25346
the department of education may adjust the number of children	25347
certified under division (A) of this section for any district	25348
gaining or losing territory in such a transfer in order to take	25349
into account the effect of the transfer on the number of such	25350
children who reside in the district. Within sixty days of receipt	25351
of a request for information from the department of education, the	25352
department of job and family services shall provide any	25353
information the department of education determines is necessary to	25354
make such adjustments. The department of education may use the	25355
adjusted number for any district for the applicable fiscal year,	25356
in lieu of the number certified for the district for that fiscal	25357
year under division (A) of this section, in the calculation of the	25358
distribution of moneys provided in section 3317.029 of the Revised	25359
Code.	25360

Sec. 3317.16. (A) As used in this section:

25361

(1) "State share percentage" means the percentage calculated	25362
for a joint vocational school district as follows:	25363

(a) Calculate the state base cost funding amount for the	25364
district under division (B) of this section. If the district would	25365
not receive any base cost funding for that year under that	25366
division, the district's state share percentage is zero.	25367

(b) If the district would receive base cost funding under	25368
that division, in fiscal year 2006 divide that base cost amount by	25369
an amount equal to the following:	25370

cost-of-doing-business factor X

25371

the formula amount X

25372

formula ADM

25373

(c) If the district would receive base cost funding under	25374
that division, in fiscal year 2007 and thereafter divide that	25375
amount by an amount equal to the greater of the following:	25376

(i) Cost-of-doing-business factor for fiscal year 2006 X	25377
formula amount for fiscal year 2006 X formula ADM for fiscal year	25378
2006;	25379

(ii) Formula amount for the current fiscal year X current	25380
formula ADM.	25381

The resultant number in division (A)(1)(b) or (c) of this	25382
section is the district's state share percentage.	25383

(2) The "total special education weight" for a joint	25384
vocational school district shall be calculated in the same manner	25385
as prescribed in division (B)(1) of section 3317.022 of the	25386
Revised Code.	25387

(3) The "total vocational education weight" for a joint	25388
vocational school district shall be calculated in the same manner	25389
as prescribed in division (B)(4) of section 3317.022 of the	25390
Revised Code.	25391

(4) The "total recognized valuation" of a joint vocational	25392
school district shall be determined by adding the recognized	25393
valuations of all its constituent school districts for the	25394
applicable fiscal year.	25395

(5) "Resident district" means the city, local, or exempted	25396
village school district in which a student is entitled to attend	25397
school under section 3313.64 or 3313.65 of the Revised Code.	25398

(6) "Community school" means a community school established	25399
under Chapter 3314. of the Revised Code.	25400

(B) The department of education shall compute and distribute	25401
state base cost funding to each joint vocational school district	25402
for the fiscal year in accordance with division (B) of this	25403
section.	25404

(1) In fiscal year 2006, state base cost funding for each	25405
eligible joint vocational school district shall be computed	25406
according to the following formula:	25407

(cost-of-doing-business factor X

25408

formula amount X

25409

formula ADM) -

25410

(.0005 X total recognized valuation)

25411

(2) Beginning in fiscal year 2007, state base cost funding	25412
for each joint vocational school district shall be the greater of	25413
the amount computed under division (B)(2)(a) or (b) of this	25414
section minus (0.0005 times recognized valuation).	25415

Accordingly, beginning in fiscal year 2007, the department	25416
shall compute both of the following for each joint vocational	25417
school district:	25418

(a) Cost-of-doing-business factor for fiscal year 2006 X	25419
formula amount for fiscal year 2006 X formula ADM for fiscal year	25420
2006;	25421

(b) Formula amount for the current fiscal year X current	25422
formula ADM.	25423

If the difference obtained under this division is a negative	25424
number, the district's computation shall be zero.	25425

(C)(1) The department shall compute and distribute state	25426
vocational education additional weighted costs funds to each joint	25427
vocational school district in accordance with the following	25428
formula:	25429

state share percentage X formula amount X

25430

total vocational education weight

25431

In each fiscal year, a joint vocational school district	25432
receiving funds under division (C)(1) of this section shall spend	25433
those funds only for the purposes the department designates as	25434
approved for vocational education expenses. Vocational educational	25435
expenses approved by the department shall include only expenses	25436
connected to the delivery of career-technical programming to	25437
career-technical students. The department shall require the joint	25438
vocational school district to report data annually so that the	25439
department may monitor the district's compliance with the	25440
requirements regarding the manner in which funding received under	25441
division (C)(1) of this section may be spent.	25442

(2) The department shall compute for each joint vocational	25443
school district state funds for vocational education associated	25444
services costs in accordance with the following formula:	25445

state share percentage X .05 X

25446

the formula amount X the sum of

25447

categories one and two vocational

25448

education ADM

25449

In any fiscal year, a joint vocational school district	25450
receiving funds under division (C)(2) of this section, or through	25451
a transfer of funds pursuant to division (L) of section 3317.023	25452
of the Revised Code, shall spend those funds only for the purposes	25453
that the department designates as approved for vocational	25454
education associated services expenses, which may include such	25455
purposes as apprenticeship coordinators, coordinators for other	25456
vocational education services, vocational evaluation, and other	25457
purposes designated by the department. The department may deny	25458
payment under division (C)(2) of this section to any district that	25459
the department determines is not operating those services or is	25460
using funds paid under division (C)(2) of this section, or through	25461
a transfer of funds pursuant to division (L) of section 3317.023	25462
of the Revised Code, for other purposes.	25463

(D)(1) The department shall compute and distribute state	25464
special education and related services additional weighted costs	25465
funds to each joint vocational school district in accordance with	25466
the following formula:	25467

state share percentage X formula amount X

25468

total special education weight

25469

(2)(a) As used in this division, the "personnel allowance"	25470
means thirty thousand dollars in fiscal years 2002, 2003, 2004,	25471
~~and~~ 2005, 2006, and 2007.	25472

(b) For the provision of speech language pathology services	25473
to students, including students who do not have individualized	25474
education programs prepared for them under Chapter 3323. of the	25475
Revised Code, and for no other purpose, the department shall pay	25476
each joint vocational school district an amount calculated under	25477
the following formula:	25478

(formula ADM divided by 2000) X the personnel

25479

allowance X state share percentage

25480

(3) In ~~any~~ fiscal year 2006, a joint vocational school	25481
district shall spend for purposes that the department designates	25482
as approved for special education and related services expenses at	25483
least the amount calculated as follows:	25484

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

25485

X the sum of categories one through

25486

six special education ADM) +

25487

(total special education weight X

25488

formula amount)

25489

In fiscal year 2007 and thereafter, a school district shall	25490
spend for those purposes at least the greater of the amount	25491
calculated under division (D)(3)(a) or (b) of this section +	25492
(total special education weight X formula amount).	25493

In making the calculation required under division (D)(3) of	25494
this section, the department shall calculate for each joint	25495
vocational school district both of the following:	25496

(a) Cost-of-doing-business factor for fiscal year 2006 X	25497
formula amount for fiscal year 2006 X the sum of categories one	25498
through six special education ADM for fiscal year 2006;	25499

(b) Formula amount for the current fiscal year X the sum of	25500
categories one through six special education ADM for the current	25501
fiscal year.	25502

The purposes approved by the department for special education	25503
expenses shall include, but shall not be limited to, compliance	25504
with state rules governing the education of handicapped children,	25505
providing services identified in a student's individualized	25506
education program as defined in section 3323.01 of the Revised	25507
Code, provision of speech language pathology services, and the	25508
portion of the district's overall administrative and overhead	25509
costs that are attributable to the district's special education	25510
student population.	25511

The department shall require joint vocational school	25512
districts to report data annually to allow for monitoring	25513
compliance with division (D)(3) of this section. The department	25514
shall annually report to the governor and the general assembly the	25515
amount of money spent by each joint vocational school district for	25516
special education and related services.	25517

(4) In any fiscal year, a joint vocational school district	25518
shall spend for the provision of speech language pathology	25519
services not less than the sum of the amount calculated under	25520
division (D)(1) of this section for the students in the district's	25521
category one special education ADM and the amount calculated under	25522
division (D)(2) of this section.	25523

(E)(1) If a joint vocational school district's costs for a	25524
fiscal year for a student in its categories two through six	25525
special education ADM exceed the threshold catastrophic cost for	25526
serving the student, as specified in division (C)(3)(b) of section	25527
3317.022 of the Revised Code, the district may submit to the	25528
superintendent of public instruction documentation, as prescribed	25529
by the superintendent, of all of its costs for that student. Upon	25530
submission of documentation for a student of the type and in the	25531
manner prescribed, the department shall pay to the district an	25532
amount equal to the sum of the following:	25533

(a) One-half of the district's costs for the student in	25534
excess of the threshold catastrophic cost;	25535

(b) The product of one-half of the district's costs for the	25536
student in excess of the threshold catastrophic cost multiplied by	25537
the district's state share percentage.	25538

(2) The district shall only report under division (E)(1) of	25539
this section, and the department shall only pay for, the costs of	25540
educational expenses and the related services provided to the	25541
student in accordance with the student's individualized education	25542
program. Any legal fees, court costs, or other costs associated	25543
with any cause of action relating to the student may not be	25544
included in the amount.	25545

(F) Each fiscal year, the department shall pay each joint	25546
vocational school district an amount for adult technical and	25547
vocational education and specialized consultants.	25548

(G)(1) A joint vocational school district's local share of	25549
special education and related services additional weighted costs	25550
equals:	25551

(1 - state share percentage) X

25552

Total special education weight X

25553

the formula amount

25554

(2) For each handicapped student receiving special education	25555
and related services under an individualized education program, as	25556
defined in section 3323.01 of the Revised Code, at a joint	25557
vocational district, the resident district or, if the student is	25558
enrolled in a community school, the community school shall be	25559
responsible for the amount of any costs of providing those special	25560
education and related services to that student that exceed the sum	25561
of the amount calculated for those services attributable to that	25562
student under divisions (B), (D), (E), and (G)(1) of this section.	25563

Those excess costs shall be calculated by subtracting the sum	25564
of the following from the actual cost to provide special education	25565
and related services to the student:	25566

(a) The ~~product of the~~ formula amount ~~times the~~	25567
~~cost-of-doing-business factor~~;	25568

(b) The product of the formula amount times the applicable	25569
multiple specified in section 3317.013 of the Revised Code;	25570

(c) Any funds paid under division (E) of this section for the	25571
student;	25572

(d) Any other funds received by the joint vocational school	25573
district under this chapter to provide special education and	25574
related services to the student, not including the amount	25575
calculated under division (G)(2) of this section.	25576

(3) The board of education of the joint vocational school	25577
district ~~shall~~may report the excess costs calculated under	25578
division (G)(2) of this section to the department of education.	25579

(4) ~~The~~If the board of education of the joint vocational	25580
school district reports excess costs under division (G)(3) of this	25581
section, the department shall pay the amount of excess cost	25582
calculated under division (G)(2) of this section to the joint	25583
vocational school district and shall deduct that amount as	25584
provided in division (G)(4)(a) or (b) of this section, as	25585
applicable:	25586

(a) If the student is not enrolled in a community school, the	25587
department shall deduct the amount from the account of the	25588
student's resident district pursuant to division (M) of section	25589
3317.023 of the Revised Code.	25590

(b) If the student is enrolled in a community school, the	25591
department shall deduct the amount from the account of the	25592
community school pursuant to section 3314.083 of the Revised Code.	25593

(H) In any fiscal year, if the total of all payments made to	25594
a joint vocational school district under divisions (B) to (D) of	25595
this section and division (R) of section 3317.024 of the Revised	25596
Code is less than the amount that district received in fiscal year	25597
1999 under the version of this section in effect that year, plus	25598
the amount that district received under the version of section	25599
3317.162 of the Revised Code in effect that year and minus the	25600
amounts received that year for driver education and adult	25601
education, the department shall pay the district an additional	25602
amount equal to the following:	25603

(1) In any fiscal year prior to fiscal year 2007, the	25604
difference between those two amounts;	25605

(2) In fiscal year 2007, the difference between those two	25606
amounts X 0.50.	25607

Sec. 3317.20. This section does not apply to handicapped	25608
preschool children.	25609

(A) As used in this section:

25610

(1) "Applicable weight" means the multiple specified in	25611
section 3317.013 of the Revised Code for a handicap described in	25612
that section.	25613

(2) "Child's school district" means the school district in	25614
which a child is entitled to attend school pursuant to section	25615
3313.64 or 3313.65 of the Revised Code.	25616

(3) "State share percentage" means the state share percentage	25617
of the child's school district as defined in section 3317.022 of	25618
the Revised Code.	25619

(B) Except as provided in division (C) of this section, the	25620
department shall annually pay each county MR/DD board ~~an amount~~	25621
~~calculated under the following formula~~ for each handicapped child,	25622
other than a handicapped preschool child, for whom the county	25623
MR/DD board provides special education and related services the	25624
amount calculated under division (B)(1) or (2) of this section.	25625

(1) In fiscal year 2006, the amount for each handicapped	25626
child shall be calculated according to the following formula:	25627

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

25628

for the child's school district) +

25629

(state share percentage X formula amount X

25630

the applicable weight)

25631

(2) In fiscal year 2007 and thereafter, the amount for each	25632
handicapped child shall be the greater of the amount calculated	25633
under division (B)(2)(a) or (b) of this section.	25634

In fiscal year 2007 and thereafter, the department shall	25635
calculate both of the following for each county MR/DD board:	25636

(a) (The formula amount for fiscal year 2006 X the	25637
cost-of-doing-business factor for the child's school district for	25638
fiscal year 2006) + (state share percentage for fiscal year 2006 X	25639
formula amount for fiscal year 2006 X the applicable weight);	25640

(b) The formula amount + (state share percentage X formula	25641
amount X the applicable weight).	25642

(C) If any school district places with a county MR/DD board	25643
more handicapped children than it had placed with a county MR/DD	25644
board in fiscal year 1998, the department shall not make a payment	25645
under division (B) of this section for the number of children	25646
exceeding the number placed in fiscal year 1998. The department	25647
instead shall deduct from the district's payments under this	25648
chapter, and pay to the county MR/DD board, an amount calculated	25649
in accordance with the formula prescribed in division (B) of this	25650
section for each child over the number of children placed in	25651
fiscal year 1998.	25652

(D) The department shall calculate for each county MR/DD	25653
board receiving payments under divisions (B) and (C) of this	25654
section the following amounts:	25655

(1) The amount received by the county MR/DD board for	25656
approved special education and related services units, other than	25657
preschool handicapped units, in fiscal year 1998, divided by the	25658
total number of children served in the units that year;	25659

(2) The product of the quotient calculated under division	25660
(D)(1) of this section times the number of children for whom	25661
payments are made under divisions (B) and (C) of this section.	25662

If the amount calculated under division (D)(2) of this	25663
section is greater than the total amount calculated under	25664
divisions (B) and (C) of this section, the department shall pay	25665
the county MR/DD board one hundred per cent of the difference in	25666
addition to the payments under divisions (B) and (C) of this	25667
section.	25668

Sec. 3317.201. This section does not apply to handicapped	25669
preschool children.	25670

(A) As used in this section, the "total special education	25671
weight" for an institution means the sum of the following amounts:	25672

(1) The number of children reported by the institution under	25673
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25674
receiving services for a handicap described in division (A) of	25675
section 3317.013 of the Revised Code multiplied by the multiple	25676
specified in that division;	25677

(2) The number of children reported by the institution under	25678
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25679
receiving services for a handicap described in division (B) of	25680
section 3317.013 of the Revised Code multiplied by the multiple	25681
specified in that division;	25682

(3) The number of children reported by the institution under	25683
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25684
receiving services for a handicap described in division (C) of	25685
section 3317.013 of the Revised Code multiplied by the multiple	25686
specified in that division;	25687

(4) The number of children reported by the institution under	25688
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25689
receiving services for a handicap described in division (D) of	25690
section 3317.013 of the Revised Code multiplied by the multiple	25691
specified in that division;	25692

(5) The number of children reported by the institution under	25693
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25694
receiving services for a handicap described in division (E) of	25695
section 3317.013 of the Revised Code multiplied by the multiple	25696
specified in that division;	25697

(6) The number of children reported by the institution under	25698
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25699
receiving services for a handicap described in division (F) of	25700
section 3317.013 of the Revised Code multiplied by the multiple	25701
specified in that division.	25702

(B) The department of education annually shall pay each state	25703
institution required to provide special education services under	25704
division (A) of section 3323.091 of the Revised Code an amount	25705
equal to the greater of:	25706

(1) The formula amount times the institution's total special	25707
education weight;	25708

(2) The aggregate amount of special education and related	25709
services unit funding the institution received for all handicapped	25710
children other than handicapped preschool children in fiscal year	25711
2005 under sections 3317.052 and 3317.053 of the Revised Code, as	25712
those sections existed prior to the effective date of this	25713
section.	25714

Sec. 3317.50. The ~~Ohio schoolnet~~ telecommunity education	25715
fund is hereby created in the state treasury. The fund shall	25716
consist of certain excess local exchange telephone company	25717
contributions transferred from the reserve fund of the Ohio	25718
telecommunications advisory board pursuant to an agreement between	25719
the public utilities commission of Ohio and the Ohio department of	25720
education. The fund shall be used to finance technology grants to	25721
state-chartered elementary and secondary schools. Investment	25722
earnings of the fund shall be credited to the fund.	25723

Sec. 3317.51. (A) The distance learning fund is hereby	25724
created in the state treasury. The fund shall consist of moneys	25725
paid to the agency designated by the governor to assume the	25726
functions of the Ohio SchoolNet commission by any telephone	25727
company as a part of a settlement agreement between such company	25728
and the public utilities commission in fiscal year 1995 in part to	25729
establish distance learning throughout the state. The ~~authority~~	25730
agency shall administer the fund and expend moneys from it to	25731
finance technology grants to eligible schools chartered by the	25732
state board of education to establish distance learning in those	25733
schools. Chartered schools are eligible for funds if they are	25734
within the service area of the telephone company. Investment	25735
earnings of the fund shall be credited to the fund.	25736

(B) For purposes of this section, "distance learning" means	25737
the creation of a learning environment involving a school setting	25738
and at least one other location outside of the school which allows	25739
for information available at one site to be accessed at the other	25740
through the use of such educational applications as one-way or	25741
two-way transmission of data, voice, and video, singularly or in	25742
appropriate combinations.	25743

Sec. 3318.011. For purposes of providing assistance under	25744
sections 3318.01 to 3318.20 of the Revised Code, the department of	25745
education shall annually do all of the following:	25746

(A) Calculate the adjusted valuation per pupil of each city,	25747
local, and exempted village school district according to the	25748
following formula:	25749

The district's valuation per pupil -

25750

[$30,000 X (1 - the district's income factor)].

25751

For purposes of this calculation:

25752

(1) "Valuation per pupil" for a district means its average	25753
taxable value, divided by its adjusted formula ADM ~~reported under~~,	25754
as defined in section ~~3317.03~~3317.02 of the Revised Code, for the	25755
previous fiscal year.	25756

(2) "Average taxable value" means the average of the amounts	25757
certified for a district in the second, third, and fourth	25758
preceding fiscal years under divisions (A)(1) and (2) of section	25759
3317.021 of the Revised Code.	25760

(3) "Income factor" has the same meaning as in section	25761
3317.02 of the Revised Code.	25762

(B) Calculate for each district the three-year average of the	25763
adjusted valuations per pupil calculated for the district for the	25764
current and two preceding fiscal years;	25765

(C) Rank all such districts in order of adjusted valuation	25766
per pupil from the district with the lowest three-year average	25767
adjusted valuation per pupil to the district with the highest	25768
three-year average adjusted valuation per pupil;	25769

(D) Divide such ranking into percentiles with the first	25770
percentile containing the one per cent of school districts having	25771
the lowest three-year average adjusted valuations per pupil and	25772
the one-hundredth percentile containing the one per cent of school	25773
districts having the highest three-year average adjusted	25774
valuations per pupil;	25775

(E) Determine the school districts that have three-year	25776
average adjusted valuations per pupil that are greater than the	25777
median three-year average adjusted valuation per pupil for all	25778
school districts in the state;	25779

(F) On or before the first day of September, certify the	25780
information described in divisions (A) to (E) of this section to	25781
the Ohio school facilities commission.	25782

Sec. 3318.111. (A) As used in this section:

25783

(1) "Valuation" of a school district means the sum of the	25784
amounts described in divisions (A)(1) and (2) of section 3317.021	25785
of the Revised Code as most recently certified for the district	25786
before the annual computation is made under division (B) of this	25787
section.	25788

(2) "One-half-mill yield" of a school district means the	25789
amount of taxes that would be charged and payable against the	25790
district's valuation from a tax of one-half mill per dollar of	25791
that valuation.	25792

(3) "One-half-mill yield per pupil" of a school district	25793
means the district's one-half-mill yield divided by the district's	25794
formula ADM as most recently reported under section 3317.03 of the	25795
Revised Code before the annual computation is made under division	25796
(B) of this section.	25797

(4) "Statewide average yield per pupil" means the amount of	25798
taxes that would be charged and payable from a tax levied on the	25799
valuation of all school districts at the rate of one-half mill per	25800
dollar of that valuation divided by the total of the formula ADMs	25801
of all school districts as most recently reported under section	25802
3317.03 of the Revised Code before the annual computation is made	25803
under division (C) of this section.	25804

(5) "Maintenance levy requirement" means the tax required to	25805
be levied pursuant to division (C)(2)(a) of section 3318.08 and	25806
division (B) of section 3318.05 of the Revised Code or the	25807
application of proceeds of another levy to paying the costs of	25808
maintaining classroom facilities pursuant to division (A)(2) of	25809
section 3318.052, division (C)(1) or (C)(2)(b) of section 3318.08,	25810
or division (D)(2) of section 3318.36 of the Revised Code, or a	25811
combination thereof.	25812

(6) "Project agreement" means an agreement between a school	25813
district and the Ohio school facilities commission under section	25814
3318.08 or division (B)(1) of section 3318.36 of the Revised Code.	25815

(B) On or before July 1, 2006, the department of education	25816
shall compute the statewide average yield per pupil and the	25817
one-half-mill yield per pupil of each school district, and provide	25818
them to the Ohio school facilities commission. On or before the	25819
first day of July each year beginning in 2007, the department of	25820
education shall compute the statewide average yield per pupil and	25821
the one-half-mill yield per pupil of each school district that has	25822
already entered into a project agreement, and provide the results	25823
of those computations to the commission.	25824

(C)(1) At the time the Ohio school facilities commission	25825
enters into a project agreement with a school district, the	25826
commission shall compute the difference between the district's	25827
one-half-mill yield per pupil and the statewide average yield per	25828
pupil as most recently provided to the commission under division	25829
(B) of this section. If the school district's one-half-mill yield	25830
per pupil is less than the average statewide yield per pupil, the	25831
commission shall multiply the difference between those amounts by	25832
the formula ADM of the district as most recently reported to the	25833
department of education under division (A) of section 3317.03 of	25834
the Revised Code. The commission shall certify the resulting	25835
product to the department of education, along with the date on	25836
which the maintenance levy requirement terminates as provided in	25837
the project agreement between the school district board and the	25838
commission.	25839

(2) In the case of a school district that entered into a	25840
project agreement after July 1, 1997, but before July 1, 2006, the	25841
commission shall make the computation described in division (C)(1)	25842
of this section on the basis of the district's one-half-mill yield	25843
per pupil and the statewide average yield per pupil computed as of	25844
September 1, 2006.	25845

(3) The amount computed for a school district under division	25846
(C)(1) or (2) of this section shall not change for the period	25847
during which payments are made to the district under division (D)	25848
of this section.	25849

(4) A computation need not be made under division (C)(1) or	25850
(2) of this section for a school district that certified a	25851
resolution to the commission under division (D)(3) of section	25852
3318.36 of the Revised Code until the district becomes eligible	25853
for state assistance as provided in that division.	25854

(D) In the fourth quarter of each fiscal year, for each	25855
school district for which a computation has been made under	25856
division (C) of this section, the department of education shall	25857
pay the amount computed to each such school district. Payments	25858
shall be made to a school district each year until and including	25859
the tax year in which the district's maintenance levy requirement	25860
terminates. Payments shall be paid from the half-mill equalization	25861
fund, subject to appropriation by the general assembly.	25862

(E) Payments made to a school district under this section	25863
shall be credited to the district's classroom facilities	25864
maintenance fund and shall be used only for the purpose of	25865
maintaining facilities constructed or renovated under the project	25866
agreement.	25867

(F) There is hereby created in the state treasury the	25868
half-mill equalization fund. The fund shall receive transfers	25869
pursuant to section 5727.85 of the Revised Code. The fund shall be	25870
used first to make annual payments under division (D) of this	25871
section. If a balance remains in the fund after such payments are	25872
made in full for a year, the Ohio school facilities commission may	25873
request the controlling board to transfer a reasonable amount from	25874
such remaining balance to the public school building fund created	25875
under section 3318.15 of the Revised Code for the purposes of this	25876
chapter.	25877

All investment earnings arising from investment of money in	25878
the half-mill equalization fund shall be credited to the fund.	25879

Sec. 3318.33. (A) There is hereby created in the state	25880
treasury the Ohio school facilities commission fund, which shall	25881
consist of transfers of moneys authorized by the general assembly	25882
and revenues received by the Ohio school facilities commission	25883
under section 3318.31 of the Revised Code. Investment earnings on	25884
moneys in the fund shall be credited to the fund. Moneys in the	25885
fund may be used by the commission to pay personnel and other	25886
administrative expenses, to pay the cost of conducting evaluations	25887
of classroom facilities, to pay the cost of preparing building	25888
design specifications, to pay the cost of providing project	25889
management services, and for other purposes determined by the	25890
commission to be necessary to fulfill its duties under ~~Chapter~~	25891
~~3318. of the Revised Code~~this chapter.	25892

(B) The director of budget and management may transfer to the	25893
Ohio school facilities commission fund the investment earnings on	25894
the public school building fund, created in section 3318.15 of the	25895
Revised Code, the investment earnings on the education facilities	25896
trust fund created in section 183.26 of the Revised Code, or both.	25897
The director of budget and management may transfer to the Ohio	25898
school facilities commission fund the investment earnings on the	25899
school building program assistance fund, created under section	25900
3318.25 of the Revised Code, in excess of the amounts needed to	25901
meet estimated federal arbitrage rebate requirements.	25902

~~Sec. 3317.21.~~ Sec. 3318.47. There is hereby created in the state	25903
treasury the ~~vocational~~career-technical school building	25904
assistance fund. Money in the fund shall be used solely to provide	25905
interest-free loans to school districts, including joint	25906
vocational school districts, under sections ~~3317.22~~3318.48 and	25907
~~3317.23~~3318.49 of the Revised Code to assist in financing the	25908
construction of new vocational classroom facilities, the	25909
renovation of existing vocational classroom facilities, or the	25910
purchase of vocational education equipment or facilities. Moneys	25911
in the fund shall consist of transfers made to the fund, any	25912
interest earned by the fund, and repayments of loans made under	25913
sections ~~3317.22~~3318.48 and ~~3317.23~~3318.49 of the Revised Code.	25914
Investment earnings of the fund shall be credited to the fund.	25915

~~Sec. 3317.22.~~ Sec. 3318.48. The ~~state board of education~~Ohio	25916
school facilities commission shall adopt rules in accordance with	25917
Chapter 119. of the Revised Code under which, in any fiscal year	25918
that funds are appropriated from the ~~vocational~~career-technical	25919
school building assistance fund for such purpose, the ~~state board~~	25920
commission may make interest-free loans to school districts. The	25921
rules shall include all of the following:	25922

(A) Application procedures, including the date by which	25923
applications shall be made;	25924

(B) Eligibility criteria, which shall include at least the	25925
following provisions:	25926

(1) A requirement that an applicant district demonstrate	25927
financial need for the loan. Indicators of need may include, but	25928
need not be limited to, levels of assessed valuation, enrollment	25929
levels and enrollment changes, ability of the district to maintain	25930
minimum educational standards, and demonstrated good faith efforts	25931
by the district to secure funds from sources other than the state.	25932

(2) A requirement that an applicant district demonstrate the	25933
ability to repay the loan within the maximum period permitted by	25934
division (D) of this section;	25935

(3) A requirement that an applicant district is not eligible	25936
for a loan, other than a loan for the purchase of any vocational	25937
education equipment that is not an approved project cost under	25938
this chapter, if the district, on the date of application for the	25939
loan, has at any time received any state assistance under sections	25940
3318.01 to 3318.20, section 3318.37 or 3318.38, or sections	25941
3318.40 to 3318.45 of the Revised Code or is reasonably expected	25942
to receive state assistance under any of those sections within	25943
three fiscal years;	25944

(4) A requirement that an applicant district agree to comply	25945
with all applicable design specifications and policies of the	25946
commission established pursuant to this chapter in the	25947
construction, renovation, or purchase of facilities or equipment	25948
paid for with the loan, unless such specifications or policies are	25949
waived by the commission.	25950

(C) Loan approval procedures and criteria, including criteria	25951
for prioritizing eligible applications. Criteria for such	25952
prioritization shall include:	25953

(1) Preference for applicant districts that demonstrate	25954
commitment and innovative approaches to the implementation of the	25955
department of education's vocational education modernization plan	25956
pursuant to section 3313.901 of the Revised Code;	25957

(2) Preference for applicant districts that have entered into	25958
or are in the process of entering into cooperative agreements with	25959
technical colleges or other institutions of higher education	25960
either to coordinate secondary vocational education and	25961
post-secondary technical education programs, or to share	25962
facilities and equipment.	25963

(D) Provisions governing the repayment of loans, including a	25964
provision that loans for construction, acquisition, or renovation	25965
of facilities shall be repaid within a maximum of fifteen years	25966
and loans for vocational education equipment shall be repaid	25967
within a maximum of five years;	25968

(E) A requirement that no loan shall be applied to the local	25969
resources a district expends as a condition of participation in a	25970
program established under section 3318.36 or 3318.46 of the	25971
Revised Code.	25972

~~Sec. 3317.23.~~ Sec. 3318.49. The ~~state board of education~~Ohio	25973
school facilities commission shall enter into a loan agreement	25974
with each school district it approves for a loan under section	25975
~~3317.22~~3318.48 of the Revised Code. The agreement shall specify	25976
the amount of the loan, the purposes for which it is to be used,	25977
the duration of the loan, and the repayment schedule. Every such	25978
agreement shall contain a provision ~~authorizing~~directing the	25979
state board of education, upon the request of the executive	25980
director of the commission, to deduct from payments due to the	25981
district under Chapter 3317. of the Revised Code or from any other	25982
funds appropriated to the district by the general assembly, the	25983
amount of any scheduled loan payment due but not paid by the	25984
district and, within ten days, to transfer that amount to the	25985
commission.	25986

A copy of each loan agreement shall be furnished to the	25987
controlling board. No money shall be released from the ~~vocational~~	25988
career-technical school building assistance fund without the	25989
approval of the controlling board.	25990

Sec. 3319.081. Except as otherwise provided in division (G)	25991
of this section, in all school districts wherein the provisions of	25992
Chapter 124. of the Revised Code do not apply, the following	25993
employment contract system shall control for employees whose	25994
contracts of employment are not otherwise provided by law:	25995

(A) Newly hired regular nonteaching school employees,	25996
including regular hourly rate and per diem employees, shall enter	25997
into written contracts for their employment which shall be for a	25998
period of not more than one year. If such employees are rehired,	25999
their subsequent contract shall be for a period of two years.	26000

(B) After the termination of the two-year contract provided	26001
in division (A) of this section, if the contract of a nonteaching	26002
employee is renewed, the employee shall be continued in	26003
employment, and the salary provided in the contract may be	26004
increased but not reduced unless such reduction is a part of a	26005
uniform plan affecting the nonteaching employees of the entire	26006
district.	26007

(C) The contracts as provided for in this section may be	26008
terminated by a majority vote of the board of education. ~~Such~~	26009
Except as provided in sections 3319.0810 and 3319.172 of the	26010
Revised Code, the contracts may be terminated only for violation	26011
of written rules and regulations as set forth by the board of	26012
education or for incompetency, inefficiency, dishonesty,	26013
drunkenness, immoral conduct, insubordination, discourteous	26014
treatment of the public, neglect of duty, or any other acts of	26015
misfeasance, malfeasance, or nonfeasance. In addition to the right	26016
of the board of education to terminate the contract of an	26017
employee, the board may suspend an employee for a definite period	26018
of time or demote the employee for the reasons set forth in this	26019
division. The action of the board of education terminating the	26020
contract of an employee or suspending or demoting ~~him~~the employee	26021
shall be served upon the employee by certified mail. Within ten	26022
days following the receipt of such notice by the employee, the	26023
employee may file an appeal, in writing, with the court of common	26024
pleas of the county in which such school board is situated. After	26025
hearing the appeal the common pleas court may affirm, disaffirm,	26026
or modify the action of the school board.	26027

A violation of division (A)(7) of section 2907.03 of the	26028
Revised Code is grounds for termination of employment of a	26029
nonteaching employee under this division.	26030

(D) All employees who have been employed by a school district	26031
where the provisions of Chapter 124. of the Revised Code do not	26032
apply, for a period of at least three years on November 24, 1967,	26033
shall hold continuing contracts of employment pursuant to this	26034
section.	26035

(E) Any nonteaching school employee may terminate ~~his~~the	26036
nonteaching school employee's contract of employment thirty days	26037
subsequent to the filing of a written notice of such termination	26038
with the treasurer of the board.	26039

(F) A person hired exclusively for the purpose of replacing a	26040
nonteaching school employee while such employee is on leave of	26041
absence granted under section 3319.13 of the Revised Code is not a	26042
regular nonteaching school employee under this section.	26043

(G) All nonteaching employees employed pursuant to this	26044
section and Chapter 124. of the Revised Code shall be paid for all	26045
time lost when the schools in which they are employed are closed	26046
owing to an epidemic or other public calamity. Nothing in this	26047
division shall be construed as requiring payment in excess of an	26048
employee's regular wage rate or salary for any time worked while	26049
the school in which hethe employee is employed is officially	26050
closed for the reasons set forth in this division.	26051

Sec. 3319.0810. (A) The board of education of any school	26052
district wherein the provisions of Chapter 124. of the Revised	26053
Code do not apply may terminate any of its transportation staff	26054
positions for reasons of economy and efficiency if the board	26055
instead of employing its own staff to transport some or all of the	26056
students enrolled in the district schools enters into a contract	26057
with an independent agent for the provision of transportation	26058
services for such students. Such a contract may be entered into	26059
only if all of the following conditions are satisfied:	26060

(1) Any collective bargaining agreement between the employee	26061
organization representing the employees whose positions are	26062
terminated under this section and the board has expired or will	26063
expire within sixty days and has not been renewed in conformance	26064
with provisions of that agreement and with Chapter 4117. of the	26065
Revised Code, or the agreement contains provisions permitting the	26066
termination of positions for reasons of economy and efficiency	26067
while the agreement is in force and the board is in conformance	26068
with those provisions.	26069

(2) The board permits any employee whose position is	26070
terminated under this section to fill any vacancy within the	26071
district's organization for which the employee is qualified. The	26072
board shall select from among similarly qualified employees to	26073
fill such vacancies pursuant to procedures established under any	26074
collective bargaining agreement between the employee organization	26075
representing the terminated employees and the board that is in	26076
force at the time of the termination, or in absence of such	26077
provisions on the basis of seniority of employment by the board	26078
with the employee with the greatest seniority having highest	26079
priority.	26080

(3) Unless a collective bargaining agreement between the	26081
employee organization representing the terminated employees and	26082
the board that is in force at the time of the termination provides	26083
otherwise, the board permits any employee whose position is	26084
terminated under this section to fill the employee's former	26085
position in the event that the board reinstates that position	26086
within one year after the date the position is terminated under	26087
this section.	26088

(4) The board permits any employee whose position is	26089
terminated under this section to appeal in accordance with section	26090
119.12 of the Revised Code the board's decision to terminate the	26091
employee's position, not to hire that employee for another	26092
position pursuant to division (A)(2) of this section, or not to	26093
rehire that employee for the position if it is reinstated within	26094
one year after the position is terminated pursuant to division	26095
(A)(3) of this section.	26096

(5) The contract entered into by the board and an independent	26097
agent for the provision of transportation services contains a	26098
stipulation requiring the agent to consider hiring any employees	26099
of the school district whose positions are terminated under this	26100
section for similar positions within the agent's organization.	26101

(6) The contract entered into by the board and an independent	26102
agent for the provision of transportation services contains a	26103
stipulation requiring the agent to recognize for purposes of	26104
employee representation in collective bargaining any employee	26105
organization that represented the employees whose positions are	26106
terminated under this section in collective bargaining with the	26107
board at the time of the termination provided:	26108

(a) A majority of all employees in the bargaining unit agree	26109
to such representation;	26110

(b) Such representation is not prohibited by federal law,	26111
including any ruling of the national labor relations board;	26112

(c) The employee organization is not prohibited from	26113
representing nonpublic employees by other provisions of law or its	26114
own governing instruments.	26115

However, any employee whose position is terminated under this	26116
section shall not be compelled to be included in such bargaining	26117
unit if there is another bargaining unit within the agent's	26118
organization that is applicable to the employee.	26119

(B) If after terminating any positions of employment under	26120
this section the board fails to comply with any condition	26121
prescribed in division (A) of this section or fails to enforce on	26122
the agent its contractual obligations prescribed in divisions	26123
(A)(5) and (6) of this section, the terminations shall be void and	26124
the board shall reinstate the positions and fill them with the	26125
employees who filled those positions just prior to the	26126
terminations. Such employees shall be compensated at a rate equal	26127
to their rate of compensation in those positions just prior to the	26128
terminations plus any increases paid since the terminations to	26129
other nonteaching employees. The employees shall also be entitled	26130
to back pay at such rate for the period from the date of the	26131
terminations to the date of the reinstatements minus any pay	26132
received by the employees during any time the board was in	26133
compliance with such conditions or during any time the board	26134
enforced those obligations.	26135

Any employee aggrieved by the failure of the board to comply	26136
with any condition prescribed in division (A) of this section or	26137
to enforce on the agent its contractual obligations prescribed in	26138
divisions (A)(5) and (6) of this section shall have the right to	26139
sue the board for reinstatement of the employee's former position	26140
as provided for in this division in the court of common pleas for	26141
the county in which the school district is located or, if the	26142
school district is located in more than one county, in the court	26143
of common pleas for the county in which the majority of the	26144
territory of the school district is located.	26145

Sec. 3319.17. (A) As used in this section, "interdistrict	26146
contract" means any contract or agreement entered into by an	26147
educational service center governing board and another board or	26148
other public entity pursuant to section 3313.17, 3313.841,	26149
3313.842, 3313.843, 3313.91, or 3323.08 of the Revised Code,	26150
including any such contract or agreement for the provision of	26151
services funded under division (L) of section 3317.024 of the	26152
Revised Code or provided in any unit approved under section	26153
3317.05 of the Revised Code.	26154

(B) When, for any of the following reasons that apply to any	26155
city, exempted village, local, or joint vocational school district	26156
or any educational service center, the board decides that it will	26157
be necessary to reduce the number of teachers it employs, it may	26158
make a reasonable reduction:	26159

(1) In the case of any district or service center, return to	26160
duty of regular teachers after leaves of absence including leaves	26161
provided pursuant to division (B) of section 3314.10 of the	26162
Revised Code, suspension of schools, or territorial changes	26163
affecting the district or center, or financial reasons;	26164

(2) In the case of any city, exempted village, local, or	26165
joint vocational school district, decreased enrollment of pupils	26166
in the district;	26167

(3) In the case of any governing board of a service center	26168
providing any particular service directly to pupils pursuant to	26169
one or more interdistrict contracts requiring such service,	26170
reduction in the total number of pupils the governing board is	26171
required to provide with the service under all interdistrict	26172
contracts as a result of the termination or nonrenewal of one or	26173
more of these interdistrict contracts;	26174

(4) In the case of any governing board providing any	26175
particular service that it does not provide directly to pupils	26176
pursuant to one or more interdistrict contracts requiring such	26177
service, reduction in the total level of the service the governing	26178
board is required to provide under all interdistrict contracts as	26179
a result of the termination or nonrenewal of one or more of these	26180
interdistrict contracts.	26181

(C) In making any such reduction, any city, exempted village,	26182
local, or joint vocational school board shall proceed to suspend	26183
contracts in accordance with the recommendation of the	26184
superintendent of schools who shall, within each teaching field	26185
affected, give preference first to teachers on continuing	26186
contracts and then to teachers who have greater seniority. In	26187
making any such reduction, any governing board of a service center	26188
shall proceed to suspend contracts in accordance with the	26189
recommendation of the superintendent who shall, within each	26190
teaching field or service area affected, give preference first to	26191
teachers on continuing contracts and then to teachers who have	26192
greater seniority.	26193

On a case-by-case basis, in lieu of suspending a contract in	26194
whole, a board may suspend a contract in part, so that an	26195
individual is required to work a percentage of the time the	26196
employee otherwise is required to work under the contract and	26197
receives a commensurate percentage of the full compensation the	26198
employee otherwise would receive under the contract.	26199

The teachers whose continuing contracts are suspended by any	26200
board pursuant to this section shall have the right of restoration	26201
to continuing service status by that board in the order of	26202
seniority of service in the district or service center if and when	26203
teaching positions become vacant or are created for which any of	26204
such teachers are or become qualified. No teacher whose continuing	26205
contract has been suspended pursuant to this section shall lose	26206
that right of restoration to continuing service status by reason	26207
of having declined recall to a position that is less than	26208
full-time or, if the teacher was not employed full-time just prior	26209
to suspension of the teacher's continuing contract, to a position	26210
requiring a lesser percentage of full-time employment than the	26211
position the teacher last held while employed in the district or	26212
service center.	26213

Sec. 3319.172. The board of education of each school district	26214
wherein the provisions of Chapter 124. of the Revised Code do not	26215
apply and the governing board of each educational service center	26216
may adopt a resolution ordering reasonable reductions in the	26217
number of nonteaching employees for any of the reasons for which	26218
the board of education or governing board may make reductions in	26219
teaching employees, as set forth in division (B) of section	26220
3319.17 of the Revised Code.	26221

In making any reduction under this section, the board of	26222
education or governing board shall proceed to suspend contracts in	26223
accordance with the recommendation of the superintendent of the	26224
district or service center who shall, within each pay	26225
classification affected, give preference first to employees under	26226
continuing contracts and then to employees on the basis of	26227
seniority. On a case-by-case basis, in lieu of suspending a	26228
contract in whole, a board may suspend a contract in part, so that	26229
an individual is required to work a percentage of the time the	26230
employee otherwise is required to work under the contract and	26231
receives a commensurate percentage of the full compensation the	26232
employee otherwise would receive under the contract.	26233

Any nonteaching employee whose continuing contract is	26234
suspended under this section shall have the right of restoration	26235
to continuing service status by the board of education or	26236
governing board that suspended that contract in order of seniority	26237
of service in the district or service center, if and when a	26238
nonteaching position for which the employee is qualified becomes	26239
vacant or is created. No nonteaching employee whose continuing	26240
contract has been suspended under this section shall lose that	26241
right of restoration to continuing service status by reason of	26242
having declined recall to a position requiring fewer regularly	26243
scheduled hours of work than required by the position the employee	26244
last held while employed in the district or service center.	26245

Sec. 3319.22. (A)(1) The state board of education shall	26246
adopt rules establishing the standards and requirements for	26247
obtaining temporary, associate, provisional, and professional	26248
educator licenses of any categories, types, and levels the board	26249
elects to provide. However, no educator license shall be required	26250
for teaching children two years old or younger.	26251

(2) If the state board requires any examinations for educator	26252
licensure, the department of education shall provide the results	26253
of such examinations received by the department to the Ohio board	26254
of regents, in the manner and to the extent permitted by state and	26255
federal law.	26256

(B) Any rules the state board of education adopts, amends, or	26257
rescinds for educator licenses under this section, division (D) of	26258
section 3301.07 of the Revised Code, or any other law shall be	26259
adopted, amended, or rescinded under Chapter 119. of the Revised	26260
Code except as follows:	26261

(1) Notwithstanding division (D) of section 119.03 and	26262
division (A)(1) of section 119.04 of the Revised Code, in the case	26263
of the adoption of any rule or the amendment or rescission of any	26264
rule that necessitates institutions' offering teacher preparation	26265
programs that are approved by the state board of education under	26266
section 3319.23 of the Revised Code to revise the curriculum of	26267
those programs, the effective date shall not be as prescribed in	26268
division (D) of section 119.03 and division (A)(1) of section	26269
119.04 of the Revised Code. Instead, the effective date of such	26270
rules, or the amendment or rescission of such rules, shall be the	26271
date prescribed by section 3319.23 of the Revised Code.	26272

(2) Notwithstanding the authority to adopt, amend, or rescind	26273
emergency rules in division (F) of section 119.03 of the Revised	26274
Code, this authority shall not apply to the state board of	26275
education with regard to rules for educator licenses.	26276

(C)(1) The rules adopted under this section establishing	26277
standards requiring additional coursework for the renewal of any	26278
educator license shall require a school district and a chartered	26279
nonpublic school to establish local professional development	26280
committees. In a nonpublic school, the chief administrative	26281
officer shall establish the committees in any manner acceptable to	26282
such officer. The committees established under this division shall	26283
determine whether coursework that a district or chartered	26284
nonpublic school teacher proposes to complete meets the	26285
requirement of the rules. The department of education shall	26286
provide technical assistance and support to committees as the	26287
committees incorporate the professional development standards	26288
adopted by the state board of education pursuant to section	26289
3319.61 of the Revised Code into their review of coursework that	26290
is appropriate for license renewal. The rules shall establish a	26291
procedure by which a teacher may appeal the decision of a local	26292
professional development committee.	26293

(2) In any school district in which there is no exclusive	26294
representative established under Chapter 4117. of the Revised	26295
Code, the professional development committees shall be established	26296
as described in division (C)(2) of this section.	26297

Not later than the effective date of the rules adopted under	26298
this section, the board of education of each school district shall	26299
establish the structure for one or more local professional	26300
development committees to be operated by such school district. The	26301
committee structure so established by a district board shall	26302
remain in effect unless within thirty days prior to an anniversary	26303
of the date upon which the current committee structure was	26304
established, the board provides notice to all affected district	26305
employees that the committee structure is to be modified.	26306
Professional development committees may have a district-level or	26307
building-level scope of operations, and may be established with	26308
regard to particular grade or age levels for which an educator	26309
license is designated.	26310

Each professional development committee shall consist of at	26311
least three classroom teachers employed by the district, one	26312
principal employed by the district, and one other employee of the	26313
district appointed by the district superintendent. For committees	26314
with a building-level scope, the teacher and principal members	26315
shall be assigned to that building, and the teacher members shall	26316
be elected by majority vote of the classroom teachers assigned to	26317
that building. For committees with a district-level scope, the	26318
teacher members shall be elected by majority vote of the classroom	26319
teachers of the district, and the principal member shall be	26320
elected by a majority vote of the principals of the district,	26321
unless there are two or fewer principals employed by the district,	26322
in which case the one or two principals employed shall serve on	26323
the committee. If a committee has a particular grade or age level	26324
scope, the teacher members shall be licensed to teach such grade	26325
or age levels, and shall be elected by majority vote of the	26326
classroom teachers holding such a license and the principal shall	26327
be elected by all principals serving in buildings where any such	26328
teachers serve. The district superintendent shall appoint a	26329
replacement to fill any vacancy that occurs on a professional	26330
development committee, except in the case of vacancies among the	26331
elected classroom teacher members, which shall be filled by vote	26332
of the remaining members of the committee so selected.	26333

Terms of office on professional development committees shall	26334
be prescribed by the district board establishing the committees.	26335
The conduct of elections for members of professional development	26336
committees shall be prescribed by the district board establishing	26337
the committees. A professional development committee may include	26338
additional members, except that the majority of members on each	26339
such committee shall be classroom teachers employed by the	26340
district. Any member appointed to fill a vacancy occurring prior	26341
to the expiration date of the term for which a predecessor was	26342
appointed shall hold office as a member for the remainder of that	26343
term.	26344

The initial meeting of any professional development	26345
committee, upon election and appointment of all committee members,	26346
shall be called by a member designated by the district	26347
superintendent. At this initial meeting, the committee shall	26348
select a chairperson and such other officers the committee deems	26349
necessary, and shall adopt rules for the conduct of its meetings.	26350
Thereafter, the committee shall meet at the call of the	26351
chairperson or upon the filing of a petition with the district	26352
superintendent signed by a majority of the committee members	26353
calling for the committee to meet.	26354

(3) In the case of a school district in which an exclusive	26355
representative has been established pursuant to Chapter 4117. of	26356
the Revised Code, professional development committees shall be	26357
established in accordance with any collective bargaining agreement	26358
in effect in the district that includes provisions for such	26359
committees.	26360

If the collective bargaining agreement does not specify a	26361
different method for the selection of teacher members of the	26362
committees, the exclusive representative of the district's	26363
teachers shall select the teacher members.	26364

If the collective bargaining agreement does not specify a	26365
different structure for the committees, the board of education of	26366
the school district shall establish the structure, including the	26367
number of committees and the number of teacher and administrative	26368
members on each committee; the specific administrative members to	26369
be part of each committee; whether the scope of the committees	26370
will be district levels, building levels, or by type of grade or	26371
age levels for which educator licenses are designated; the lengths	26372
of terms for members; the manner of filling vacancies on the	26373
committees; and the frequency and time and place of meetings.	26374
However, in all cases, except as provided in division (C)(4) of	26375
this section, there shall be a majority of teacher members of any	26376
professional development committee, there shall be at least five	26377
total members of any professional development committee, and the	26378
exclusive representative shall designate replacement members in	26379
the case of vacancies among teacher members, unless the collective	26380
bargaining agreement specifies a different method of selecting	26381
such replacements.	26382

(4) Whenever an administrator's coursework plan is being	26383
discussed or voted upon, the local professional development	26384
committee shall, at the request of one of its administrative	26385
members, cause a majority of the committee to consist of	26386
administrative members by reducing the number of teacher members	26387
voting on the plan.	26388

(D)(1) The department of education, educational service	26389
centers, county boards of mental retardation and developmental	26390
disabilities, regional professional development centers, special	26391
education regional resource centers, college and university	26392
departments of education, head start programs, the agency	26393
designated by the governor to assume the functions of the Ohio	26394
SchoolNet commission, and the Ohio education computer network may	26395
establish local professional development committees to determine	26396
whether the coursework proposed by their employees who are	26397
licensed or certificated under this section or section 3319.222 of	26398
the Revised Code meet the requirements of the rules adopted under	26399
this section. They may establish local professional development	26400
committees on their own or in collaboration with a school district	26401
or other agency having authority to establish them.	26402

Local professional development committees established by	26403
county boards of mental retardation and developmental disabilities	26404
shall be structured in a manner comparable to the structures	26405
prescribed for school districts in divisions (C)(2) and (3) of	26406
this section, as shall the committees established by any other	26407
entity specified in division (D)(1) of this section that provides	26408
educational services by employing or contracting for services of	26409
classroom teachers licensed or certificated under this section or	26410
section 3319.222 of the Revised Code. All other entities specified	26411
in division (D)(1) of this section shall structure their	26412
committees in accordance with guidelines which shall be issued by	26413
the state board.	26414

(2) Any public agency that is not specified in division	26415
(D)(1) of this section but provides educational services and	26416
employs or contracts for services of classroom teachers licensed	26417
or certificated under this section or section 3319.222 of the	26418
Revised Code may establish a local professional development	26419
committee, subject to the approval of the department of education.	26420
The committee shall be structured in accordance with guidelines	26421
issued by the state board.	26422

Sec. 3319.235. (A) The standards for the preparation of	26423
teachers adopted under section 3319.23 of the Revised Code shall	26424
require any institution that provides a course of study for the	26425
training of teachers to ensure that graduates of such course of	26426
study are skilled at integrating educational technology in the	26427
instruction of children, as evidenced by the graduate having	26428
either demonstrated proficiency in such skills in a manner	26429
prescribed by the department of education or completed a course	26430
that includes training in such skills.	26431

(B) The agency designated by the governor to assume the	26432
functions of the Ohio SchoolNet commission~~, established pursuant~~	26433
~~to section 3301.80 of the Revised Code,~~ shall establish model	26434
professional development programs to assist teachers who completed	26435
their teacher preparation prior to the effective date of division	26436
(A) of this section to become skilled at integrating educational	26437
technology in the instruction of children. The ~~commission~~agency	26438
shall provide technical assistance to school districts wishing to	26439
establish such programs.	26440

Sec. 3319.55. (A) A grant program is hereby established to	26441
recognize and reward teachers in public and chartered nonpublic	26442
schools who hold valid teaching certificates or licenses issued by	26443
the national board for professional teaching standards. The	26444
superintendent of public instruction shall administer this program	26445
in accordance with this section and rules which the state board of	26446
education shall adopt in accordance with Chapter 119. of the	26447
Revised Code.	26448

In each fiscal year that the general assembly appropriates	26449
funds for purposes of this section, the superintendent of public	26450
instruction shall award a grant to each person who, by the first	26451
day of April of that year and in accordance with the rules adopted	26452
under this section, submits to the superintendent evidence	26453
indicating all of the following:	26454

(1) The person holds a valid certificate or license issued by	26455
the national board for professional teaching standards;	26456

(2) The person has been employed full-time as a teacher by	26457
the board of education of a school district or by a chartered	26458
nonpublic school in this state during the current school year;	26459

(3) The date the person was accepted into the national board	26460
certification or licensure program.	26461

An individual may receive a grant under this section in each	26462
fiscal year the person is eligible for a grant and submits	26463
evidence of that eligibility in accordance with this section. No	26464
person may receive a grant after the expiration of the person's	26465
initial certification or license issued by the national board.	26466

(B) The amount of the grant awarded to each eligible person	26467
under division (A) of this section in any fiscal year shall equal	26468
the following:	26469

(1) Two thousand five hundred dollars for any teacher	26470
accepted as a candidate for certification or licensure by the	26471
national board on or before May 31, 2003, and issued a certificate	26472
or license by the national board on or before December 31, 2004;	26473

(2) One thousand dollars for any other teacher issued a	26474
certificate or license by the national board.	26475

However, if the funds appropriated for purposes of this	26476
section in any fiscal year are not sufficient to award the full	26477
grant amount to each person who is eligible in that fiscal year,	26478
the superintendent shall prorate the amount of the grant awarded	26479
in that fiscal year to each eligible person.	26480

Sec. 3323.021. As used in this section, "participating	26481
county MR/DD board" means a county board of mental retardation and	26482
developmental disabilities electing to participate in the	26483
provision of or contracting for educational services for children	26484
under division (D) of section 5126.05 of the Revised Code.	26485

(A) When a school district, educational service center, or	26486
participating county MR/DD board enters into an agreement or	26487
contract with another school district, educational service center,	26488
or participating county MR/DD board to provide educational	26489
services to a disabled child during a school year, both of the	26490
following shall apply:	26491

(1) Beginning with fiscal year 1999, if the provider of the	26492
services intends to increase the amount it charges for some or all	26493
of those services during the next school year or if the provider	26494
intends to cease offering all or part of those services during the	26495
next school year, the provider shall notify the entity for which	26496
the services are provided of these intended changes no later that	26497
the first day of March of the current fiscal year.	26498

(2) Beginning with fiscal year 1999, if the entity for which	26499
services are provided intends to cease obtaining those services	26500
from the provider for the next school year or intends to change	26501
the type or amount of services it obtains from the provider for	26502
the next school year, the entity shall notify the service provider	26503
of these intended changes no later than the first day of March of	26504
the current fiscal year.	26505

(B) School districts, educational service centers,	26506
participating county MR/DD boards, and other applicable	26507
governmental entities shall collaborate where possible to maximize	26508
federal sources of revenue~~, including the community alternative~~	26509
~~funding system of the medical assistance program established under~~	26510
~~Chapter 5111. of the Revised Code,~~ to provide additional funds for	26511
special education related services for disabled children.	26512
Annually, each school district shall report to the department of	26513
education any amounts of money the district received through such	26514
medical assistance program.	26515

(C) The state board of education, the department of mental	26516
retardation and developmental disabilities, and the department of	26517
job and family services shall develop working agreements for	26518
pursuing additional funds for services for disabled children.	26519

Sec. 3323.091. (A) The department of mental health, the	26520
department of mental retardation and developmental disabilities,	26521
the department of youth services, and the department of	26522
rehabilitation and correction shall establish and maintain special	26523
education programs for handicapped children in institutions under	26524
their jurisdiction according to standards adopted by the state	26525
board of education. ~~The~~	26526

(B) The superintendent of each state institution required to	26527
provide services under division (A) of this section, and each	26528
county MR/DD board, providing special education for handicapped	26529
preschool children under this chapter may apply to the state	26530
department of education for unit funding, which shall be paid in	26531
accordance with sections 3317.052 and 3317.053 of the Revised	26532
Code.	26533

~~(B) On~~The superintendent of each state institution required	26534
to provide services under division (A) of this section may apply	26535
to the department of education for special education and related	26536
services weighted funding for handicapped children other than	26537
handicapped preschool children, calculated in accordance with	26538
section 3317.201 of the Revised Code.	26539

Each county MR/DD board providing special education for	26540
handicapped children other than handicapped preschool children may	26541
apply to the department of education for base cost and special	26542
education and related services weighted funding calculated in	26543
accordance with section 3317.20 of the Revised Code.	26544

(C) In addition to the authorization to apply for state	26545
funding described in division (B) of this section, each state	26546
institution required to provide services under division (A) of	26547
this section is entitled to tuition payments calculated in the	26548
manner described in division (C) of this section.	26549

On or before the thirtieth day of June of each year, the	26550
superintendent of each institution that during the school year	26551
provided special education pursuant to this section shall prepare	26552
a statement for each handicapped child under twenty-two years of	26553
age who has received special education. The statement shall	26554
contain the child's name and the name of the child's school	26555
district of residence. Within sixty days after receipt of such	26556
statement, the department of education shall perform one of the	26557
following:	26558

(1) For any child except a handicapped preschool child	26559
described in division ~~(B)~~(C)(2) of this section, pay to the	26560
institution submitting the statement an amount equal to the	26561
tuition calculated under division (A) of section 3317.08 of the	26562
Revised Code for the period covered by the statement, and deduct	26563
the same from the amount of state funds, if any, payable under	26564
sections 3317.022 and 3317.023 of the Revised Code, to the child's	26565
school district of residence or, if the amount of such state funds	26566
is insufficient, require the child's school district of residence	26567
to pay the institution submitting the statement an amount equal to	26568
the amount determined under this division.	26569

(2) For any handicapped preschool child not included in a	26570
unit approved under division (B) of section 3317.05 of the Revised	26571
Code, perform the following:	26572

(a) Pay to the institution submitting the statement an amount	26573
equal to the tuition calculated under division (B) of section	26574
3317.08 of the Revised Code for the period covered by the	26575
statement, except that in calculating the tuition under that	26576
section the operating expenses of the institution submitting the	26577
statement under this section shall be used instead of the	26578
operating expenses of the school district of residence;	26579

(b) Deduct from the amount of state funds, if any, payable	26580
under sections 3317.022 and 3317.023 of the Revised Code to the	26581
child's school district of residence an amount equal to the amount	26582
paid under division ~~(B)~~(C)(2)(a) of this section.	26583

Sec. 3323.14. This section does not apply to any handicapped	26584
preschool child except if included in a unit approved under	26585
division (B) of section 3317.05 of the Revised Code.	26586

(A) Where a child who is a school resident of one school	26587
district receives special education from another district and the	26588
per capita cost to the educating district for that child exceeds	26589
the sum of the amount received by the educating district for that	26590
child under division (A) of section 3317.08 of the Revised Code	26591
and the amount received by the district from the state board of	26592
education for that child, then the board of education of the	26593
district of residence shall pay ~~directly~~ to the board of the	26594
school district that is providing the special education such	26595
excess cost as is determined by using a formula approved by the	26596
department of education and agreed upon in contracts entered into	26597
by the boards of the district concerned at the time the district	26598
providing such special education accepts the child for enrollment.	26599
The department of education shall certify the amount of the	26600
payments under Chapter 3317. of the Revised Code for such	26601
handicapped pupils for each school year ending on the thirtieth	26602
day of July.	26603

(B) In the case of a child described in division (A) of this	26604
section who has been placed in a home, as defined in section	26605
3313.64 of the Revised Code, pursuant to the order of a court and	26606
who is not subject to section 3323.141 of the Revised Code, the	26607
district providing the child with special education and related	26608
services may charge to the child's district of residence the	26609
excess cost determined by formula approved by the department,	26610
regardless of whether the district of residence has entered into a	26611
contract with the district providing the services. If the district	26612
providing the services chooses to charge excess costs, the	26613
district may report the amount calculated under this division to	26614
the department.	26615

(C) If a district providing special education for a child	26616
reports an amount for the excess cost of those services, as	26617
authorized and calculated under division (A) or (B) of this	26618
section, the department shall pay that amount of excess cost to	26619
the district providing the services and shall deduct that amount	26620
from the child's district of residence in accordance with division	26621
(N) of section 3317.023 of the Revised Code.	26622

Sec. 3323.16. No unit for deaf children shall be disapproved	26623
for funding under division (B) ~~or (D)(1)~~ of section 3317.05 of the	26624
Revised Code on the basis of the methods of instruction used in	26625
educational programs in the school district or institution to	26626
teach deaf children to communicate, and no preference in approving	26627
units for funding shall be given for teaching deaf children by the	26628
oral, manual, total communication, or other method of instruction.	26629

Sec. 3323.20. On July 1, 2006, and on each first day of July	26630
thereafter, the department of education shall electronically	26631
report to the general assembly the number of handicapped preschool	26632
children who received services for which the department made a	26633
payment to any provider during the previous fiscal year,	26634
disaggregated according to each category of handicap described in	26635
divisions (A) to (F) of section 3317.013 of the Revised Code,	26636
regardless of whether payment for services was based on the	26637
multiples prescribed in those divisions.	26638

Sec. 3323.30. The Ohio center for autism and low incidence	26639
is hereby established within the department of education's office	26640
for exceptional children, or any successor of that office. The	26641
center shall administer programs and coordinate services for	26642
infants, preschool and school-age children, and adults with autism	26643
and low incidence disabilities. The center's principal focus shall	26644
be programs and services for persons with autism. The center shall	26645
be under the direction of an executive director, appointed by the	26646
superintendent of public instruction in consultation with the	26647
advisory board established under section 3323.31 of the Revised	26648
Code. The department shall use state and federal funds	26649
appropriated to the department for operation of the center.	26650

As used in this section and in sections 3323.31 to 3323.33 of	26651
the Revised Code, "autism and low incidence disabilities" includes	26652
any of the following:	26653

(A) Autism;

26654

(B) Deafness or hearing handicap;

26655

26656

(D) Orthopedic handicap;

26657

(E) Other health handicap;

26658

(F) Traumatic brain injury;

26659

(G) Visual disability.

26660

Sec. 3323.31. The superintendent of public instruction shall	26661
establish an advisory board to assist and advise the department of	26662
education in the operation of the Ohio center for autism and low	26663
incidence. As determined by the superintendent, the advisory board	26664
shall consist of individuals who are stakeholders in the service	26665
to persons with autism and low incidence disabilities, including,	26666
but not limited to, the following:	26667

(A) Persons with autism and low incidence disabilities;

26668

(B) Parents and family members;

26669

26670

(D) Higher education instructors;

26671

(E) Representatives of state agencies.

26672

The advisory board shall be organized as determined by the	26673
superintendent.	26674

Members of the advisory board shall receive no compensation	26675
for their services.	26676

Sec. 3323.32. The Ohio center for autism and low incidence	26677
shall do all of the following:	26678

(A) Collaborate and consult with state agencies that serve	26679
persons with autism and low incidence disabilities;	26680

(B) Collaborate and consult with institutions of higher	26681
education in development and implementation of courses for	26682
educators and other professionals serving persons with autism and	26683
low incidence disabilities;	26684

26685

(D) Create and implement programs for professional	26686
development, technical assistance, intervention services, and	26687
research in the treatment of persons with autism and low incidence	26688
disabilities;	26689

(E) Create a regional network for communication and	26690
dissemination of information among educators and professionals	26691
serving persons with autism and low incidence disabilities. The	26692
regional network shall address educational services, evaluation,	26693
diagnosis, assistive technology, family support, leisure and	26694
recreational activities, transition, employment and adult	26695
services, and medical care for persons with autism and low	26696
incidence disabilities.	26697

(F) Develop a statewide clearinghouse for information about	26698
autism spectrum disorders and low incidence disabilities, as	26699
described in section 3323.33 of the Revised Code.	26700

Sec. 3323.33. In developing a clearinghouse for information	26701
about autism spectrum disorders and low incidence disabilities, as	26702
required under section 3323.32 of the Revised Code, the Ohio	26703
center for autism and low incidence shall do all of the following:	26704

(A) Maintain a collection of resources for public	26705
distribution;	26706

(B) Monitor information on resources, trends, policies,	26707
services, and current educational interventions;	26708

(C) Respond to requests for information from parents and	26709
educators of children with autism and low incidence disabilities.	26710

Sec. 3324.10. (A) As used in this section, "grade	26711
acceleration" means the promotion of a student to a grade higher	26712
than the grade that would generally follow the one the student has	26713
completed.	26714

(B) Not later than March 31, 2006, the superintendent of	26715
public instruction shall review the grade acceleration policies of	26716
school districts throughout the state and adopt as the state's	26717
policy the policy from among that group that represents the best	26718
practices for a statewide grade acceleration policy, as determined	26719
by the superintendent. The superintendent shall provide each	26720
district with a copy of the policy upon its adoption. Any school	26721
district board of education that has not adopted a grade	26722
acceleration policy for use in its district shall comply with the	26723
statewide grade acceleration policy.	26724

(C) The statewide grade acceleration policy adopted pursuant	26725
to this section shall be effective beginning with the 2006-2007	26726
school year.	26727

Sec. 3325.10. The state school for the blind may receive and	26728
administer any federal funds relating to the education of blind or	26729
visually impaired students. The school for the blind also may	26730
accept and administer any gifts, donations, or bequests made to it	26731
for programs or services relating to the education of blind or	26732
visually impaired students.	26733

Sec. 3325.11. There is hereby created in the state treasury	26734
the state school for the blind student activity and work-study	26735
fund. Moneys received from donations, bequests, the school	26736
vocational program, and any other moneys designated for deposit in	26737
the fund by the superintendent of the state school for the blind	26738
shall be credited to the fund. Notwithstanding section 3325.01 of	26739
the Revised Code, the approval of the state board of education is	26740
not required to designate money for deposit into the fund. The	26741
school for the blind shall use money in the fund for school	26742
operating expenses, including, but not limited to, personal	26743
services, maintenance, and equipment related to student support,	26744
activities, and vocational programs, and for providing	26745
scholarships to students for further training upon graduation.	26746

Sec. 3325.12. There is hereby created the state school for	26747
the blind student account fund, which shall be in the custody of	26748
the treasurer of state but shall not be part of the state	26749
treasury. The fund shall consist of all moneys received from the	26750
parents or guardians of students attending the state school for	26751
the blind that are designated for use by the respective students	26752
in activities of their choice. The treasurer of state may invest	26753
any portion of the fund not needed for immediate use in the same	26754
manner as, and subject to laws regarding the investment of, state	26755
funds. The treasurer of state shall disburse money from the fund	26756
on order of the superintendent of the state school for the blind	26757
or the superintendent's designee. All investment earnings of the	26758
fund shall be credited to the fund and allocated among the student	26759
accounts in proportion to the amount invested from each student's	26760
account.	26761

Sec. 3325.15. The state school for the deaf may receive and	26762
administer any federal funds relating to the education of deaf or	26763
hearing-impaired students. The school for the deaf also may accept	26764
and administer any gifts, donations, or bequests given to it for	26765
programs or services relating to the education of deaf or	26766
hearing-impaired students.	26767

Sec. 3325.16. There is hereby created in the state treasury	26768
the state school for the deaf educational program expenses fund.	26769
Moneys received by the school from donations, bequests, student	26770
fundraising activities, fees charged for camps and workshops, gate	26771
receipts from athletic contests, and the student work experience	26772
program operated by the school, and any other moneys designated	26773
for deposit in the fund by the superintendent of the school, shall	26774
be credited to the fund. Notwithstanding section 3325.01 of the	26775
Revised Code, the approval of the state board of education is not	26776
required to designate money for deposit into the fund. The state	26777
school for the deaf shall use moneys in the fund for educational	26778
programs, after-school activities, and expenses associated with	26779
student activities and clubs.	26780

Sec. 3325.17. There is hereby created the state school for	26781
the deaf student account fund, which shall be in the custody of	26782
the treasurer of state but shall not be part of the state	26783
treasury. The fund shall consist of all moneys received from the	26784
parents or guardians of students attending the state school for	26785
the deaf that are designated for use by the respective students in	26786
activities of their choice. The treasurer of state may invest any	26787
portion of the fund not needed for immediate use in the same	26788
manner as, and subject to laws regarding the investment of, state	26789
funds. The treasurer of state shall disburse money from the fund	26790
on order of the superintendent of the state school for the deaf or	26791
the superintendent's designee. All investment earnings of the fund	26792
shall be credited to the fund and allocated among the student	26793
accounts in proportion to the amount invested from each student's	26794
account.	26795

Sec. 3327.01. Notwithstanding division (D) of section	26796
3311.19 and division (D) of section 3311.52 of the Revised Code,	26797
this section and sections 3327.011, 3327.012, and 3327.02 of the	26798
Revised Code do not apply to any joint vocational or cooperative	26799
education school district.	26800

In all city, local, and exempted village school districts	26801
where resident school pupils in grades kindergarten through eight	26802
live more than two miles from the school for which the state board	26803
of education prescribes minimum standards pursuant to division (D)	26804
of section 3301.07 of the Revised Code and to which they are	26805
assigned by the board of education of the district of residence or	26806
to and from the nonpublic or community school which they attend	26807
the board of education shall provide transportation for such	26808
pupils to and from such school except as provided in section	26809
3327.02 of the Revised Code.	26810

In all city, local, and exempted village school districts	26811
where pupil transportation is required under a career-technical	26812
plan approved by the state board of education under section	26813
3313.90 of the Revised Code, for any student attending a	26814
career-technical program operated by another school district,	26815
including a joint vocational school district, as prescribed under	26816
that section, the board of education of the student's district of	26817
residence shall provide transportation from the public high school	26818
operated by that district to which the student is assigned to the	26819
career-technical program.	26820

In all city, local, and exempted village school districts the	26821
board may provide transportation for resident school pupils in	26822
grades nine through twelve to and from the high school to which	26823
they are assigned by the board of education of the district of	26824
residence or to and from the nonpublic or community high school	26825
which they attend for which the state board of education	26826
prescribes minimum standards pursuant to division (D) of section	26827
3301.07 of the Revised Code.	26828

A board of education shall not be required to transport	26829
elementary or high school pupils to and from a nonpublic or	26830
community school where such transportation would require more than	26831
thirty minutes of direct travel time as measured by school bus	26832
from the public school building to which the pupils would be	26833
assigned if attending the public school designated by the district	26834
of residence.	26835

Where it is impractical to transport a pupil by school	26836
conveyance, a board of education may offer payment, in lieu of	26837
providing such transportation in accordance with section 3327.02	26838
of the Revised Code.	26839

In all city, local, and exempted village school districts the	26840
board shall provide transportation for all children who are so	26841
crippled that they are unable to walk to and from the school for	26842
which the state board of education prescribes minimum standards	26843
pursuant to division (D) of section 3301.07 of the Revised Code	26844
and which they attend. In case of dispute whether the child is	26845
able to walk to and from the school, the health commissioner shall	26846
be the judge of such ability. In all city, exempted village, and	26847
local school districts the board shall provide transportation to	26848
and from school or special education classes for educable mentally	26849
retarded children in accordance with standards adopted by the	26850
state board of education.	26851

When transportation of pupils is provided the conveyance	26852
shall be run on a time schedule that shall be adopted and put in	26853
force by the board not later than ten days after the beginning of	26854
the school term.	26855

The cost of any transportation service authorized by this	26856
section shall be paid first out of federal funds, if any,	26857
available for the purpose of pupil transportation, and secondly	26858
out of state appropriations, in accordance with regulations	26859
adopted by the state board of education.	26860

No transportation of any pupils shall be provided by any	26861
board of education to or from any school which in the selection of	26862
pupils, faculty members, or employees, practices discrimination	26863
against any person on the grounds of race, color, religion, or	26864
national origin.	26865

Sec. 3332.092. Any school subject to this chapter receiving	26866
money under section 3333.12 or 3333.122 of the Revised Code on	26867
behalf of a student who is determined by the state board of career	26868
colleges and schools to be ineligible under such section because	26869
the program in which the student is enrolled does not lead to an	26870
associate or baccalaureate degree, shall be liable to the state	26871
for the amount specified in section 3333.12 or 3333.122 of the	26872
Revised Code. The state board of career colleges and schools shall	26873
suspend the certificate of registration of a school receiving	26874
money under section 3333.12 or 3333.122 of the Revised Code for	26875
such ineligible student until such time as the money is repaid to	26876
the Ohio board of regents.	26877

Sec. 3333.04. The Ohio board of regents shall:

26878

(A) Make studies of state policy in the field of higher	26879
education and formulate a master plan for higher education for the	26880
state, considering the needs of the people, the needs of the	26881
state, and the role of individual public and private institutions	26882
within the state in fulfilling these needs;	26883

(B)(1) Report annually to the governor and the general	26884
assembly on the findings from its studies and the master plan for	26885
higher education for the state;	26886

(2) Report at least semiannually to the general assembly and	26887
the governor the enrollment numbers at each state-assisted	26888
institution of higher education.	26889

(C) Approve or disapprove the establishment of new branches	26890
or academic centers of state colleges and universities;	26891

(D) Approve or disapprove the establishment of state	26892
technical colleges or any other state institution of higher	26893
education;	26894

(E) Recommend the nature of the programs, undergraduate,	26895
graduate, professional, state-financed research, and public	26896
services which should be offered by the state colleges,	26897
universities, and other state-assisted institutions of higher	26898
education in order to utilize to the best advantage their	26899
facilities and personnel;	26900

(F) Recommend to the state colleges, universities, and other	26901
state-assisted institutions of higher education graduate or	26902
professional programs, including, but not limited to, doctor of	26903
philosophy, doctor of education, and juris doctor programs, that	26904
could be eliminated because they constitute unnecessary	26905
duplication, as shall be determined using the process developed	26906
pursuant to this section, or for other good and sufficient cause.	26907
For purposes of determining the amounts of any state instructional	26908
subsidies paid to these colleges, universities, and institutions,	26909
the board may exclude students enrolled in any program that the	26910
board has recommended for elimination pursuant to this division	26911
except that the board shall not exclude any such student who	26912
enrolled in the program prior to the date on which the board	26913
initially commences to exclude students under this division. The	26914
board of regents and these colleges, universities, and	26915
institutions shall jointly develop a process for determining which	26916
existing graduate or professional programs constitute unnecessary	26917
duplication.	26918

(G) Recommend to the state colleges, universities, and other	26919
state-assisted institutions of higher education programs which	26920
should be added to their present programs;	26921

(H) Conduct studies for the state colleges, universities, and	26922
other state-assisted institutions of higher education to assist	26923
them in making the best and most efficient use of their existing	26924
facilities and personnel;	26925

(I) Make recommendations to the governor and general assembly	26926
concerning the development of state-financed capital plans for	26927
higher education; the establishment of new state colleges,	26928
universities, and other state-assisted institutions of higher	26929
education; and the establishment of new programs at the existing	26930
state colleges, universities, and other institutions of higher	26931
education;	26932

(J) Review the appropriation requests of the public community	26933
colleges and the state colleges and universities and submit to the	26934
office of budget and management and to the chairpersons of the	26935
finance committees of the house of representatives and of the	26936
senate its recommendations in regard to the biennial higher	26937
education appropriation for the state, including appropriations	26938
for the individual state colleges and universities and public	26939
community colleges. For the purpose of determining the amounts of	26940
instructional subsidies to be paid to state-assisted colleges and	26941
universities, the board shall define "full-time equivalent	26942
student" by program per academic year. The definition may take	26943
into account the establishment of minimum enrollment levels in	26944
technical education programs below which support allowances will	26945
not be paid. Except as otherwise provided in this section, the	26946
board shall make no change in the definition of "full-time	26947
equivalent student" in effect on November 15, 1981, which would	26948
increase or decrease the number of subsidy-eligible full-time	26949
equivalent students, without first submitting a fiscal impact	26950
statement to the president of the senate, the speaker of the house	26951
of representatives, ~~the legislative budget office of~~ the	26952
legislative service commission, and the director of budget and	26953
management. The board shall work in close cooperation with the	26954
director of budget and management in this respect and in all other	26955
matters concerning the expenditures of appropriated funds by state	26956
colleges, universities, and other institutions of higher	26957
education.	26958

(K) Seek the cooperation and advice of the officers and	26959
trustees of both public and private colleges, universities, and	26960
other institutions of higher education in the state in performing	26961
its duties and making its plans, studies, and recommendations;	26962

(L) Appoint advisory committees consisting of persons	26963
associated with public or private secondary schools, members of	26964
the state board of education, or personnel of the state department	26965
of education;	26966

(M) Appoint advisory committees consisting of college and	26967
university personnel, or other persons knowledgeable in the field	26968
of higher education, or both, in order to obtain their advice and	26969
assistance in defining and suggesting solutions for the problems	26970
and needs of higher education in this state;	26971

(N) Approve or disapprove all new degrees and new degree	26972
programs at all state colleges, universities, and other	26973
state-assisted institutions of higher education;	26974

(O) Adopt such rules as are necessary to carry out its duties	26975
and responsibilities;	26976

(P) Establish and submit to the governor and the general	26977
assembly a clear and measurable set of goals and timetables for	26978
their achievement for each program under the supervision of the	26979
board that is designed to accomplish any of the following:	26980

(1) Increased access to higher education;

26981

(2) Job training;

26982

(3) Adult literacy;

26983

(4) Research;

26984

(5) Excellence in higher education;

26985

(6) Reduction in the number of graduate programs within the	26986
same subject area.	26987

In July of each odd-numbered year, the board of regents shall	26988
submit to the governor and the general assembly a report on	26989
progress made toward these goals.	26990

(Q) Make recommendations to the governor and the general	26991
assembly regarding the design and funding of the student financial	26992
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	26993
3333.27, and 5910.02 of the Revised Code;	26994

(R) Participate in education-related state or federal	26995
programs on behalf of the state and assume responsibility for the	26996
administration of such programs in accordance with applicable	26997
state or federal law;	26998

(S) Adopt rules for student financial aid programs as	26999
required by sections 3333.12, 3333.122, 3333.21 to 3333.27,	27000
3333.28, 3333.29, and 5910.02 of the Revised Code, and perform any	27001
other administrative functions assigned to the board by those	27002
sections;	27003

(T) Administer contracts under sections 3702.74 and 3702.75	27004
of the Revised Code in accordance with rules adopted by the	27005
director of health under section 3702.79 of the Revised Code;	27006

(U) Conduct enrollment audits of state-supported institutions	27007
of higher education;	27008

(V) Appoint consortiums of college and university personnel	27009
to participate in the development and operation of statewide	27010
collaborative efforts, including the Ohio supercomputer center,	27011
the Ohio academic resources network, OhioLink, and the Ohio	27012
learning network. For each consortium, the board shall designate a	27013
college or university to serve as that consortium's fiscal agent,	27014
financial officer, and employer. Any funds appropriated to the	27015
board for consortiums shall be distributed to the fiscal agents	27016
for the operation of the consortiums. A consortium shall follow	27017
the rules of the college or university that serves as its fiscal	27018
agent.	27019

Sec. 3333.044. (A) The Ohio board of regents may contract	27020
with any consultants that are necessary for the discharge of the	27021
board's duties under this chapter.	27022

(B) The Ohio board of regents may purchase, upon the terms	27023
that the board determines to be advisable, one or more policies of	27024
insurance from insurers authorized to do business in this state	27025
that insure consultants who have contracted with the board under	27026
division (A) of this section or members of an advisory committee	27027
appointed under section 3333.04 of the Revised Code, with respect	27028
to the activities of the consultants or advisory committee members	27029
in the course of the performance of their responsibilities as	27030
consultants or advisory committee members.	27031

(C) Subject to the approval of the controlling board, the	27032
Ohio board of regents may contract with any entities for the	27033
discharge of the board's duties and responsibilities under any of	27034
the programs established pursuant to sections 3333.12, 3333.122,	27035
3333.21 to 3333.28, 3702.71 to 3702.81, and 5120.55, and Chapter	27036
5910. of the Revised Code. The board shall not enter into a	27037
contract under this division unless the proposed contractor	27038
demonstrates that its primary purpose is to promote access to	27039
higher education by providing student financial assistance through	27040
loans, grants, or scholarships, and by providing high quality	27041
support services and information to students and their families	27042
with regard to such financial assistance.	27043

Chapter 125. of the Revised Code does not apply to contracts	27044
entered into pursuant to this section. In awarding contracts under	27045
this division, the board shall consider factors such as the cost	27046
of the administration of the contract, the experience of the	27047
contractor, and the contractor's ability to properly execute the	27048
contract.	27049

Sec. 3333.047. With regard to any state student financial aid	27050
program established in this chapter, Chapter 5910., or section	27051
5919.34 of the Revised Code, the Ohio board of regents shall	27052
conduct audits to:	27053

(A) Determine the validity of information provided by	27054
students and parents regarding eligibility for state student	27055
financial aid. If the board determines that eligibility data has	27056
been reported incorrectly or inaccurately, and where the board	27057
determines an adjustment to be appropriate, the institution of	27058
higher education shall adjust the financial aid awarded to the	27059
student.	27060

(B) Ensure that institutions of higher education are in	27061
compliance with the board's rules governing state student	27062
financial aid programs. An institution that fails to comply with	27063
the board's rules in the administration of any state student	27064
financial aid program shall be fully liable to reimburse the board	27065
for the unauthorized use of student financial aid funds.	27066

Sec. 3333.12. (A) As used in this section:

27067

(1) "Eligible student" means an undergraduate student who is:

27068

(a) An Ohio resident enrolled in an undergraduate program	27069
before July 1, 2006;	27070

(b) Enrolled in either of the following:

27071

(i) An accredited institution of higher education in this	27072
state that meets the requirements of Title VI of the Civil Rights	27073
Act of 1964 and is state-assisted, is nonprofit and has a	27074
certificate of authorization from the Ohio board of regents	27075
pursuant to Chapter 1713. of the Revised Code, has a certificate	27076
of registration from the state board of career colleges and	27077
schools and program authorization to award an associate or	27078
bachelor's degree, or is a private institution exempt from	27079
regulation under Chapter 3332. of the Revised Code as prescribed	27080
in section 3333.046 of the Revised Code. Students who attend an	27081
institution that holds a certificate of registration shall be	27082
enrolled in a program leading to an associate or bachelor's degree	27083
for which associate or bachelor's degree program the institution	27084
has program authorization issued under section 3332.05 of the	27085
Revised Code.	27086

(ii) A technical education program of at least two years	27087
duration sponsored by a private institution of higher education in	27088
this state that meets the requirements of Title VI of the Civil	27089
Rights Act of 1964.	27090

(c) Enrolled as a full-time student or enrolled as a less	27091
than full-time student for the term expected to be the student's	27092
final term of enrollment and is enrolled for the number of credit	27093
hours necessary to complete the requirements of the program in	27094
which the student is enrolled.	27095

(2) "Gross income" includes all taxable and nontaxable income	27096
of the parents, the student, and the student's spouse, except	27097
income derived from an Ohio academic scholarship, income earned by	27098
the student between the last day of the spring term and the first	27099
day of the fall term, and other income exclusions designated by	27100
the board. Gross income may be verified to the board by the	27101
institution in which the student is enrolled using the federal	27102
financial aid eligibility verification process or by other means	27103
satisfactory to the board.	27104

(3) "Resident," "full-time student," "dependent,"	27105
"financially independent," and "accredited" shall be defined by	27106
rules adopted by the board.	27107

(B) The Ohio board of regents shall establish and administer	27108
an instructional grant program and may adopt rules to carry out	27109
this section. The general assembly shall support the instructional	27110
grant program by such sums and in such manner as it may provide,	27111
but the board may also receive funds from other sources to support	27112
the program. If the amounts available for support of the program	27113
are inadequate to provide grants to all eligible students,	27114
preference in the payment of grants shall be given in terms of	27115
income, beginning with the lowest income category of gross income	27116
and proceeding upward by category to the highest gross income	27117
category.	27118

An instructional grant shall be paid to an eligible student	27119
through the institution in which the student is enrolled, except	27120
that no instructional grant shall be paid to any person serving a	27121
term of imprisonment. Applications for such grants shall be made	27122
as prescribed by the board, and such applications may be made in	27123
conjunction with and upon the basis of information provided in	27124
conjunction with student assistance programs funded by agencies of	27125
the United States government or from financial resources of the	27126
institution of higher education. The institution shall certify	27127
that the student applicant meets the requirements set forth in	27128
divisions (A)(1)(b) and (c) of this section. Instructional grants	27129
shall be provided to an eligible student only as long as the	27130
student is making appropriate progress toward a nursing diploma or	27131
an associate or bachelor's degree. No student shall be eligible to	27132
receive a grant for more than ten semesters, fifteen quarters, or	27133
the equivalent of five academic years. A grant made to an eligible	27134
student on the basis of less than full-time enrollment shall be	27135
based on the number of credit hours for which the student is	27136
enrolled and shall be computed in accordance with a formula	27137
adopted by the board. No student shall receive more than one grant	27138
on the basis of less than full-time enrollment.	27139

An instructional grant shall not exceed the total	27140
instructional and general charges of the institution.	27141

(C) The tables in this division prescribe the maximum grant	27142
amounts covering two semesters, three quarters, or a comparable	27143
portion of one academic year. Grant amounts for additional terms	27144
in the same academic year shall be determined under division (D)	27145
of this section.	27146

For a full-time student who is a dependent and enrolled in a	27147
nonprofit educational institution that is not a state-assisted	27148
institution and that has a certificate of authorization issued	27149
pursuant to Chapter 1713. of the Revised Code, the amount of the	27150
instructional grant for two semesters, three quarters, or a	27151
comparable portion of the academic year shall be determined in	27152
accordance with the following table:	27153

Private Institution

27154

Table of Grants

27155

	Maximum Grant $5,466		27156
Gross Income	Number of Dependents		27157

5 or more

27158

$0 - $15,000	$5,466	$5,466	$5,466	$5,466	$5,466	27159
$15,001 - $16,000	4,920	5,466	5,466	5,466	5,466	27160
$16,001 - $17,000	4,362	4,920	5,466	5,466	5,466	27161
$17,001 - $18,000	3,828	4,362	4,920	5,466	5,466	27162
$18,001 - $19,000	3,288	3,828	4,362	4,920	5,466	27163
$19,001 - $22,000	2,736	3,288	3,828	4,362	4,920	27164
$22,001 - $25,000	2,178	2,736	3,288	3,828	4,362	27165
$25,001 - $28,000	1,626	2,178	2,736	3,288	3,828	27166
$28,001 - $31,000	1,344	1,626	2,178	2,736	3,288	27167
$31,001 - $32,000	1,080	1,344	1,626	2,178	2,736	27168
$32,001 - $33,000	984	1,080	1,344	1,626	2,178	27169
$33,001 - $34,000	888	984	1,080	1,344	1,626	27170
$34,001 - $35,000	444	888	984	1,080	1,344	27171
$35,001 - $36,000	--	444	888	984	1,080	27172
$36,001 - $37,000	--	--	444	888	984	27173
$37,001 - $38,000	--	--	--	444	888	27174
$38,001 - $39,000	--	--	--	--	444	27175

For a full-time student who is financially independent and	27176
enrolled in a nonprofit educational institution that is not a	27177
state-assisted institution and that has a certificate of	27178
authorization issued pursuant to Chapter 1713. of the Revised	27179
Code, the amount of the instructional grant for two semesters,	27180
three quarters, or a comparable portion of the academic year shall	27181
be determined in accordance with the following table:	27182

Private Institution

27183

Table of Grants

27184

	Maximum Grant $5,466		27185
Gross Income	Number of Dependents		27186

5 or more

27187

$0 - $4,800	$5,466	$5,466	$5,466	$5,466	$5,466	$5,466	27188
$4,801 - $5,300	4,920	5,466	5,466	5,466	5,466	5,466	27189
$5,301 - $5,800	4,362	5,196	5,466	5,466	5,466	5,466	27190
$5,801 - $6,300	3,828	4,914	5,196	5,466	5,466	5,466	27191
$6,301 - $6,800	3,288	4,650	4,914	5,196	5,466	5,466	27192
$6,801 - $7,300	2,736	4,380	4,650	4,914	5,196	5,466	27193
$7,301 - $8,300	2,178	4,104	4,380	4,650	4,914	5,196	27194
$8,301 - $9,300	1,626	3,822	4,104	4,380	4,650	4,914	27195
$9,301 - $10,300	1,344	3,546	3,822	4,104	4,380	4,650	27196
$10,301 - $11,800	1,080	3,408	3,546	3,822	4,104	4,380	27197
$11,801 - $13,300	984	3,276	3,408	3,546	3,822	4,104	27198
$13,301 - $14,800	888	3,228	3,276	3,408	3,546	3,822	27199
$14,801 - $16,300	444	2,904	3,228	3,276	3,408	3,546	27200
$16,301 - $19,300	--	2,136	2,628	2,952	3,276	3,408	27201
$19,301 - $22,300	--	1,368	1,866	2,358	2,676	3,000	27202
$22,301 - $25,300	--	1,092	1,368	1,866	2,358	2,676	27203
$25,301 - $30,300	--	816	1,092	1,368	1,866	2,358	27204
$30,301 - $35,300	--	492	540	672	816	1,314	27205

For a full-time student who is a dependent and enrolled in an	27206
educational institution that holds a certificate of registration	27207
from the state board of career colleges and schools or a private	27208
institution exempt from regulation under Chapter 3332. of the	27209
Revised Code as prescribed in section 3333.046 of the Revised	27210
Code, the amount of the instructional grant for two semesters,	27211
three quarters, or a comparable portion of the academic year shall	27212
be determined in accordance with the following table:	27213

Career Institution

27214

Table of Grants

27215

	Maximum Grant $4,632		27216
Gross Income	Number of Dependents		27217

5 or more

27218

$0 - $15,000	$4,632	$4,632	$4,632	$4,632	$4,632	27219
$15,001 - $16,000	4,182	4,632	4,632	4,632	4,632	27220
$16,001 - $17,000	3,684	4,182	4,632	4,632	4,632	27221
$17,001 - $18,000	3,222	3,684	4,182	4,632	4,632	27222
$18,001 - $19,000	2,790	3,222	3,684	4,182	4,632	27223
$19,001 - $22,000	2,292	2,790	3,222	3,684	4,182	27224
$22,001 - $25,000	1,854	2,292	2,790	3,222	3,684	27225
$25,001 - $28,000	1,416	1,854	2,292	2,790	3,222	27226
$28,001 - $31,000	1,134	1,416	1,854	2,292	2,790	27227
$31,001 - $32,000	906	1,134	1,416	1,854	2,292	27228
$32,001 - $33,000	852	906	1,134	1,416	1,854	27229
$33,001 - $34,000	750	852	906	1,134	1,416	27230
$34,001 - $35,000	372	750	852	906	1,134	27231
$35,001 - $36,000	--	372	750	852	906	27232
$36,001 - $37,000	--	--	372	750	852	27233
$37,001 - $38,000	--	--	--	372	750	27234
$38,001 - $39,000	--	--	--	--	372	27235

For a full-time student who is financially independent and	27236
enrolled in an educational institution that holds a certificate of	27237
registration from the state board of career colleges and schools	27238
or a private institution exempt from regulation under Chapter	27239
3332. of the Revised Code as prescribed in section 3333.046 of the	27240
Revised Code, the amount of the instructional grant for two	27241
semesters, three quarters, or a comparable portion of the academic	27242
year shall be determined in accordance with the following table:	27243

Career Institution

27244

Table of Grants

27245

	Maximum Grant $4,632		27246
Gross Income	Number of Dependents		27247

5 or more

27248

$0 - $4,800	$4,632	$4,632	$4,632	$4,632	$4,632	$4,632	27249
$4,801 - $5,300	4,182	4,632	4,632	4,632	4,632	4,632	27250
$5,301 - $5,800	3,684	4,410	4,632	4,632	4,632	4,632	27251
$5,801 - $6,300	3,222	4,158	4,410	4,632	4,632	4,632	27252
$6,301 - $6,800	2,790	3,930	4,158	4,410	4,632	4,632	27253
$6,801 - $7,300	2,292	3,714	3,930	4,158	4,410	4,632	27254
$7,301 - $8,300	1,854	3,462	3,714	3,930	4,158	4,410	27255
$8,301 - $9,300	1,416	3,246	3,462	3,714	3,930	4,158	27256
$9,301 - $10,300	1,134	3,024	3,246	3,462	3,714	3,930	27257
$10,301 - $11,800	906	2,886	3,024	3,246	3,462	3,714	27258
$11,801 - $13,300	852	2,772	2,886	3,024	3,246	3,462	27259
$13,301 - $14,800	750	2,742	2,772	2,886	3,024	3,246	27260
$14,801 - $16,300	372	2,466	2,742	2,772	2,886	3,024	27261
$16,301 - $19,300	--	1,800	2,220	2,520	2,772	2,886	27262
$19,301 - $22,300	--	1,146	1,584	1,986	2,268	2,544	27263
$22,301 - $25,300	--	930	1,146	1,584	1,986	2,268	27264
$25,301 - $30,300	--	708	930	1,146	1,584	1,986	27265
$30,301 - $35,300	--	426	456	570	708	1,116	27266

For a full-time student who is a dependent and enrolled in a	27267
state-assisted educational institution, the amount of the	27268
instructional grant for two semesters, three quarters, or a	27269
comparable portion of the academic year shall be determined in	27270
accordance with the following table:	27271

Public Institution

27272

Table of Grants

27273

	Maximum Grant $2,190		27274
Gross Income	Number of Dependents		27275

5 or more

27276

$0 - $15,000	$2,190	$2,190	$2,190	$2,190	$2,190	27277
$15,001 - $16,000	1,974	2,190	2,190	2,190	2,190	27278
$16,001 - $17,000	1,740	1,974	2,190	2,190	2,190	27279
$17,001 - $18,000	1,542	1,740	1,974	2,190	2,190	27280
$18,001 - $19,000	1,320	1,542	1,740	1,974	2,190	27281
$19,001 - $22,000	1,080	1,320	1,542	1,740	1,974	27282
$22,001 - $25,000	864	1,080	1,320	1,542	1,740	27283
$25,001 - $28,000	648	864	1,080	1,320	1,542	27284
$28,001 - $31,000	522	648	864	1,080	1,320	27285
$31,001 - $32,000	420	522	648	864	1,080	27286
$32,001 - $33,000	384	420	522	648	864	27287
$33,001 - $34,000	354	384	420	522	648	27288
$34,001 - $35,000	174	354	384	420	522	27289
$35,001 - $36,000	--	174	354	384	420	27290
$36,001 - $37,000	--	--	174	354	384	27291
$37,001 - $38,000	--	--	--	174	354	27292
$38,001 - $39,000	--	--	--	--	174	27293

For a full-time student who is financially independent and	27294
enrolled in a state-assisted educational institution, the amount	27295
of the instructional grant for two semesters, three quarters, or a	27296
comparable portion of the academic year shall be determined in	27297
accordance with the following table:	27298

Public Institution

27299

Table of Grants

27300

	Maximum Grant $2,190		27301
Gross Income	Number of Dependents		27302

5 or more

27303

$0 - $4,800	$2,190	$2,190	$2,190	$2,190	$2,190	$2,190	27304
$4,801 - $5,300	1,974	2,190	2,190	2,190	2,190	2,190	27305
$5,301 - $5,800	1,740	2,082	2,190	2,190	2,190	2,190	27306
$5,801 - $6,300	1,542	1,968	2,082	2,190	2,190	2,190	27307
$6,301 - $6,800	1,320	1,866	1,968	2,082	2,190	2,190	27308
$6,801 - $7,300	1,080	1,758	1,866	1,968	2,082	2,190	27309
$7,301 - $8,300	864	1,638	1,758	1,866	1,968	2,082	27310
$8,301 - $9,300	648	1,530	1,638	1,758	1,866	1,968	27311
$9,301 - $10,300	522	1,422	1,530	1,638	1,758	1,866	27312
$10,301 - $11,800	420	1,356	1,422	1,530	1,638	1,758	27313
$11,801 - $13,300	384	1,308	1,356	1,422	1,530	1,638	27314
$13,301 - $14,800	354	1,290	1,308	1,356	1,422	1,530	27315
$14,801 - $16,300	174	1,164	1,290	1,308	1,356	1,422	27316
$16,301 - $19,300	--	858	1,050	1,182	1,308	1,356	27317
$19,301 - $22,300	--	540	750	948	1,062	1,200	27318
$22,301 - $25,300	--	432	540	750	948	1,062	27319
$25,301 - $30,300	--	324	432	540	750	948	27320
$30,301 - $35,300	--	192	210	264	324	522	27321

(D) For a full-time student enrolled in an eligible	27322
institution for a semester or quarter in addition to the portion	27323
of the academic year covered by a grant determined under division	27324
(C) of this section, the maximum grant amount shall be a	27325
percentage of the maximum prescribed in the applicable table of	27326
that division. The maximum grant for a fourth quarter shall be	27327
one-third of the maximum amount prescribed under that division.	27328
The maximum grant for a third semester shall be one-half of the	27329
maximum amount prescribed under that division.	27330

(E) No grant shall be made to any student in a course of	27331
study in theology, religion, or other field of preparation for a	27332
religious profession unless such course of study leads to an	27333
accredited bachelor of arts, bachelor of science, associate of	27334
arts, or associate of science degree.	27335

(F)(1) Except as provided in division (F)(2) of this section,	27336
no grant shall be made to any student for enrollment during a	27337
fiscal year in an institution with a cohort default rate	27338
determined by the United States secretary of education pursuant to	27339
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	27340
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	27341
preceding the fiscal year, equal to or greater than thirty per	27342
cent for each of the preceding two fiscal years.	27343

(2) Division (F)(1) of this section does not apply to the	27344
following:	27345

(a) Any student enrolled in an institution that under the	27346
federal law appeals its loss of eligibility for federal financial	27347
aid and the United States secretary of education determines its	27348
cohort default rate after recalculation is lower than the rate	27349
specified in division (F)(1) of this section or the secretary	27350
determines due to mitigating circumstances the institution may	27351
continue to participate in federal financial aid programs. The	27352
board shall adopt rules requiring institutions to provide	27353
information regarding an appeal to the board.	27354

(b) Any student who has previously received a grant under	27355
this section who meets all other requirements of this section.	27356

(3) The board shall adopt rules for the notification of all	27357
institutions whose students will be ineligible to participate in	27358
the grant program pursuant to division (F)(1) of this section.	27359

(4) A student's attendance at an institution whose students	27360
lose eligibility for grants under division (F)(1) of this section	27361
shall not affect that student's eligibility to receive a grant	27362
when enrolled in another institution.	27363

(G) Institutions of higher education that enroll students	27364
receiving instructional grants under this section shall report to	27365
the board all students who have received instructional grants but	27366
are no longer eligible for all or part of such grants and shall	27367
refund any moneys due the state within thirty days after the	27368
beginning of the quarter or term immediately following the quarter	27369
or term in which the student was no longer eligible to receive all	27370
or part of the student's grant. There shall be an interest charge	27371
of one per cent per month on all moneys due and payable after such	27372
thirty-day period. The board shall immediately notify the office	27373
of budget and management and the legislative service commission of	27374
all refunds so received.	27375

Sec. 3333.121. There is hereby established in the state	27376
treasury the ~~instructional grant~~state need-based financial aid	27377
reconciliation fund, which shall consist of refunds of	27378
instructional grant payments made pursuant to section 3333.12 of	27379
the Revised Code and refunds of state need-based financial aid	27380
payments made pursuant to section 3333.122 of the Revised Code.	27381
Revenues credited to the fund shall be used by the Ohio board of	27382
regents to pay to higher education institutions any outstanding	27383
obligations from the prior year owed for the Ohio instructional	27384
grant program and the Ohio college opportunity grant program that	27385
are identified through the annual reconciliation and financial	27386
audit. Any amount in the fund that is in excess of the amount	27387
certified to the director of budget and management by the board of	27388
regents as necessary to reconcile prior year payments under the	27389
program shall be transferred to the general revenue fund.	27390

Sec. 3333.122. (A) As used in this section:

27391

(1) "Eligible student" means a student who is:

27392

(a) An Ohio resident who first enrolls in an undergraduate	27393
program after July 1, 2006;	27394

(b) Enrolled in either of the following:

27395

(i) An accredited institution of higher education in this	27396
state that meets the requirements of Title VI of the Civil Rights	27397
Act of 1964 and is state-assisted, is nonprofit and has a	27398
certificate of authorization from the Ohio board of regents	27399
pursuant to Chapter 1713. of the Revised Code, has a certificate	27400
of registration from the state board of career colleges and	27401
schools and program authorization to award an associate or	27402
bachelor's degree, or is a private institution exempt from	27403
regulation under Chapter 3332. of the Revised Code as prescribed	27404
in section 3333.046 of the Revised Code. Students who attend an	27405
institution that holds a certificate of registration shall be	27406
enrolled in a program leading to an associate or bachelor's degree	27407
for which associate or bachelor's degree program the institution	27408
has program authorization issued under section 3332.05 of the	27409
Revised Code.	27410

(ii) A technical education program of at least two years	27411
duration sponsored by a private institution of higher education in	27412
this state that meets the requirements of Title VI of the Civil	27413
Rights Act of 1964.	27414

(2) A student who participated in either the early college	27415
high school program administered by the department of education or	27416
in the post-secondary enrollment options program pursuant to	27417
Chapter 3365. of the Revised Code before July 1, 2006, shall not	27418
be excluded from eligibility for a need based grant under this	27419
section.	27420

(3) "Resident," "expected family contribution" or "EFC,"	27421
"full-time student," "three-quarters-time student," "half-time	27422
student," "one-quarter-time student," and "accredited" shall be	27423
defined by rules adopted by the board.	27424

(B) The Ohio board of regents shall establish and administer	27425
a needs-based financial aid program based on the United States	27426
department of education's method of determining financial need and	27427
may adopt rules to carry out this section. The program shall be	27428
known as the Ohio college opportunity grant program. The general	27429
assembly shall support the needs-based financial aid program by	27430
such sums and in such manner as it may provide, but the board may	27431
also receive funds from other sources to support the program. If	27432
the amounts available for support of the program are inadequate to	27433
provide grants to all eligible students, preference in the payment	27434
of grants shall be given in terms of expected family contribution,	27435
beginning with the lowest expected family contribution category	27436
and proceeding upward by category to the highest expected family	27437
contribution category.	27438

A needs-based financial aid grant shall be paid to an	27439
eligible student through the institution in which the student is	27440
enrolled, except that no needs-based financial aid grant shall be	27441
paid to any person serving a term of imprisonment. Applications	27442
for such grants shall be made as prescribed by the board, and such	27443
applications may be made in conjunction with and upon the basis of	27444
information provided in conjunction with student assistance	27445
programs funded by agencies of the United States government or	27446
from financial resources of the institution of higher education.	27447
The institution shall certify that the student applicant meets the	27448
requirements set forth in divisions (A)(1)(a) and (b) of this	27449
section. Needs-based financial aid grants shall be provided to an	27450
eligible student only as long as the student is making appropriate	27451
progress toward a nursing diploma or an associate or bachelor's	27452
degree. No student shall be eligible to receive a grant for more	27453
than ten semesters, fifteen quarters, or the equivalent of five	27454
academic years. A grant made to an eligible student on the basis	27455
of less than full-time enrollment shall be based on the number of	27456
credit hours for which the student is enrolled and shall be	27457
computed in accordance with a formula adopted by the board. No	27458
student shall receive more than one grant on the basis of less	27459
than full-time enrollment.	27460

A needs-based financial aid grant shall not exceed the total	27461
instructional and general charges of the institution.	27462

(C) The tables in this division prescribe the maximum grant	27463
amounts covering two semesters, three quarters, or a comparable	27464
portion of one academic year. Grant amounts for additional terms	27465
in the same academic year shall be determined under division (D)	27466
of this section.	27467

As used in the tables in division (C) of this section:

27468

(1) "Private institution" means an institution that is	27469
nonprofit and has a certificate of authorization from the Ohio	27470
board of regents pursuant to Chapter 1713. of the Revised Code.	27471

(2) "Career college" means either an institution that holds a	27472
certificate of registration from the state board of career	27473
colleges and schools or a private institution exempt from	27474
regulation under Chapter 3332. of the Revised Code as prescribed	27475
in section 3333.046 of the Revised Code.	27476

Full-time students shall be eligible to receive awards	27477
according to the following table:	27478

Full-Time Enrollment

27479

If the EFC is equal to or greater than:	And if the EFC is no more than:	If the student attends a public institution, the annual award shall be:	If the student attends a private institution, the annual award shall be:	If the student attends a career college, the annual award shall be:	27480
$2,101	$2,190	$300	$600	$480	27481
2,001	2,100	402	798	642	27482
1,901	2,000	498	1,002	798	27483
1,801	1,900	600	1,200	960	27484
1,701	1,800	702	1,398	1,122	27485
1,601	1,700	798	1,602	1,278	27486
1,501	1,600	900	1,800	1,440	27487
1,401	1,500	1,002	1,998	1,602	27488
1,301	1,400	1,098	2,202	1,758	27489
1,201	1,300	1,200	2,400	1,920	27490
1,101	1,200	1,302	2,598	2,082	27491
1,001	1,100	1,398	2,802	2,238	27492
901	1,000	1,500	3,000	2,400	27493
801	900	1,602	3,198	2,562	27494
701	800	1,698	3,402	2,718	27495
601	700	1,800	3,600	2,280	27496
501	600	1,902	3,798	3,042	27497
401	500	1,998	4,002	3,198	27498
301	400	2,100	4,200	3,360	27499
201	300	2,202	4,398	3,522	27500
101	200	2,298	4,602	3,678	27501
1	100	2,400	4,800	3,840	27502
0	0	2,496	4,992	3,996	27503

Three-quarters-time students shall be eligible to receive	27504
awards according to the following table:	27505

Three-Quarters-Time Enrollment

27506

If the EFC is equal to or greater than:	And the EFC is no more than:	If the student attends a public institution, the annual award shall be:	If the student attends a private institution, the annual award shall be:	If the student attends a career college, the annual award shall be:	27507
$2,101	$2,190	$228	$450	$360	27508
2,001	2,100	300	600	480	27509
1,901	2,000	372	750	600	27510
1,801	1,900	450	900	720	27511
1,701	1,800	528	1,050	840	27512
1,601	1,700	600	1,200	960	27513
1,501	1,600	678	1,350	1,080	27514
1,401	1,500	750	1,500	1,200	27515
1,301	1,400	822	1,650	1,320	27516
1,201	1,300	900	1,800	1,440	27517
1,101	1,200	978	1,950	1,560	27518
1,001	1,100	1,050	2,100	1,680	27519
901	1,000	1,128	2,250	1,800	27520
801	900	1,200	2,400	1,920	27521
701	800	1,272	2,550	2,040	27522
601	700	1,350	2,700	2,160	27523
501	600	1,428	2,850	2,280	27524
401	500	1,500	3,000	2,400	27525
301	400	1,578	3,150	2,520	27526
201	300	1,650	3,300	2,640	27527
101	200	1,722	3,450	2,760	27528
1	100	1,800	3,600	2,880	27529
0	0	1,872	3,744	3,000	27530

Half-time students shall be eligible to receive awards	27531
according to the following table:	27532

Half-Time Enrollment

27533

If the EFC is equal to or greater than:	And if the EFC is no more than:	If the student attends a public institution, the annual award shall be:	If the student attends a private institution, the annual award shall be:	If the student attends a career college, the annual award shall be:	27534
$2,101	$2,190	$150	$300	$240	27535
2,001	2,100	204	402	324	27536
1,901	2,000	252	504	402	27537
1,801	1,900	300	600	480	27538
1,701	1,800	354	702	564	27539
1,601	1,700	402	804	642	27540
1,501	1,600	450	900	720	27541
1,401	1,500	504	1,002	804	27542
1,301	1,400	552	1,104	882	27543
1,201	1,300	600	1,200	960	27544
1,101	1,200	654	1,302	1,044	27545
1,001	1,100	702	1,404	1,122	27546
901	1,000	750	1,500	1,200	27547
801	900	804	1,602	1,284	27548
701	800	852	1,704	1,362	27549
601	700	900	1,800	1,440	27550
501	600	954	1,902	1,524	27551
401	500	1,002	2,004	1,602	27552
301	400	1,050	2,100	1,680	27553
201	300	1,104	2,202	1,764	27554
101	200	1,152	2,304	1,842	27555
1	100	1,200	2,400	1,920	27556
0	0	1,248	2,496	1,998	27557

One-quarter-time students shall be eligible to receive awards	27558
according to the following table:	27559

One-Quarter-Time Enrollment

27560

If the EFC is equal to or greater than:	And if the EFC is no more than:	If the student attends a public institution, the annual award shall be:	If the student attends a private institution, the annual award shall be:	If the student attends a career college, the annual award shall be:	27561
$2,101	$2,190	$78	$150	$120	27562
2,001	2,100	102	198	162	27563
1,901	2,000	126	252	198	27564
1,801	1,900	150	300	240	27565
1,701	1,800	174	348	282	27566
1,601	1,700	198	402	318	27567
1,501	1,600	228	450	360	27568
1,401	1,500	252	498	402	27569
1,301	1,400	276	552	438	27570
1,201	1,300	300	600	480	27571
1,101	1,200	324	648	522	27572
1,001	1,100	348	702	558	27573
901	1,000	378	750	600	27574
801	900	402	798	642	27575
701	800	426	852	678	27576
601	700	450	900	720	27577
501	600	474	948	762	27578
401	500	498	1,002	798	27579
301	400	528	1,050	840	27580
201	300	552	1,098	882	27581
101	200	576	1,152	918	27582
1	100	600	1,200	960	27583
0	0	624	1,248	1,002	27584

(D) For a full-time student enrolled in an eligible	27585
institution for a semester or quarter in addition to the portion	27586
of the academic year covered by a grant determined under division	27587
(C) of this section, the maximum grant amount shall be a	27588
percentage of the maximum prescribed in the applicable table of	27589
that division. The maximum grant for a fourth quarter shall be	27590
one-third of the maximum amount prescribed under that division.	27591
The maximum grant for a third semester shall be one-half of the	27592
maximum amount prescribed under that division.	27593

(E) No grant shall be made to any student in a course of	27594
study in theology, religion, or other field of preparation for a	27595
religious profession unless such course of study leads to an	27596
accredited bachelor of arts, bachelor of science, associate of	27597
arts, or associate of science degree.	27598

(F)(1) Except as provided in division (F)(2) of this section,	27599
no grant shall be made to any student for enrollment during a	27600
fiscal year in an institution with a cohort default rate	27601
determined by the United States secretary of education pursuant to	27602
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	27603
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	27604
preceding the fiscal year, equal to or greater than thirty per	27605
cent for each of the preceding two fiscal years.	27606

(2) Division (F)(1) of this section does not apply to the	27607
following:	27608

(a) Any student enrolled in an institution that under the	27609
federal law appeals its loss of eligibility for federal financial	27610
aid and the United States secretary of education determines its	27611
cohort default rate after recalculation is lower than the rate	27612
specified in division (F)(1) of this section or the secretary	27613
determines due to mitigating circumstances the institution may	27614
continue to participate in federal financial aid programs. The	27615
board shall adopt rules requiring institutions to provide	27616
information regarding an appeal to the board.	27617

(b) Any student who has previously received a grant under	27618
this section who meets all other requirements of this section.	27619

(3) The board shall adopt rules for the notification of all	27620
institutions whose students will be ineligible to participate in	27621
the grant program pursuant to division (F)(1) of this section.	27622

(4) A student's attendance at an institution whose students	27623
lose eligibility for grants under division (F)(1) of this section	27624
shall not affect that student's eligibility to receive a grant	27625
when enrolled in another institution.	27626

(G) Institutions of higher education that enroll students	27627
receiving needs-based financial aid grants under this section	27628
shall report to the board all students who have received	27629
needs-based financial aid grants but are no longer eligible for	27630
all or part of such grants and shall refund any moneys due the	27631
state within thirty days after the beginning of the quarter or	27632
term immediately following the quarter or term in which the	27633
student was no longer eligible to receive all or part of the	27634
student's grant. There shall be an interest charge of one per cent	27635
per month on all moneys due and payable after such thirty-day	27636
period. The board shall immediately notify the office of budget	27637
and management and the legislative service commission of all	27638
refunds so received.	27639

Sec. 3333.162. (A) As used in this section, "state	27640
institution of higher education" means an institution of higher	27641
education as defined in section 3345.12 of the Revised Code.	27642

(B) By April 15, 2007, the Ohio board of regents, in	27643
consultation with the department of education, public adult and	27644
secondary career-technical education institutions, and	27645
institutions of higher education, shall establish criteria,	27646
policies, and procedures that enable students to transfer	27647
technical courses completed through an adult career-technical	27648
education institution or a public secondary career-technical	27649
institution to a state institution of higher education that offers	27650
such programs without unnecessary duplication or institutional	27651
barriers. The courses to which the criteria, policies, and	27652
procedures apply shall be those that adhere to recognized industry	27653
standards and equivalent coursework common to the secondary career	27654
pathway and adult career-technical education system and regionally	27655
accredited state institutions of higher education. Where	27656
applicable, the policies and procedures shall build upon the	27657
articulation agreement and transfer initiative course equivalency	27658
system required by section 3333.16 of the Revised Code.	27659

(C) By April 15, 2006, the board shall report to the general	27660
assembly on its progress in establishing these policies and	27661
procedures.	27662

Sec. 3333.27. As used in this section:

27663

(A) "Eligible institution" means a nonprofit Ohio institution	27664
of higher education that holds a certificate of authorization	27665
issued under section 1713.02 of the Revised Code and meets the	27666
requirements of Title VI of the Civil Rights Act of 1964.	27667

(B) "Resident" and "full-time student" have the meanings	27668
established for purposes of this section by rule of the Ohio board	27669
of regents.	27670

The board shall establish and administer a student choice	27671
grant program and shall adopt rules for the administration of the	27672
program.	27673

The board may make a grant to any resident of this state who	27674
is enrolled as a full-time student in a bachelor's degree program	27675
at an eligible institution and maintains an academic record that	27676
meets or exceeds the standard established pursuant to this section	27677
by rule of the board, except that no grant shall be made to any	27678
individual who was enrolled as a student in an institution of	27679
higher education on or before July 1, 1984, or is serving a term	27680
of imprisonment. The grant shall not exceed the lesser of the	27681
total instructional and general charges of the institution in	27682
which the student is enrolled, or an amount equal to one-fourth of	27683
the total of any state instructional subsidy amount distributed by	27684
the board in the second fiscal year of the preceding biennium for	27685
all full-time students enrolled in bachelor's degree programs at	27686
four-year state-assisted institutions of higher education divided	27687
by the sum of the actual number of full-time students enrolled in	27688
bachelor's degree programs at four-year state-assisted	27689
institutions of higher education reported to the board for such	27690
year by the institutions to which the subsidy was distributed.	27691

The board shall prescribe the form and manner of application	27692
for grants including the manner of certification by eligible	27693
institutions that each applicant from such institution is enrolled	27694
in a bachelor's degree program as a full-time student and has an	27695
academic record that meets or exceeds the standard established by	27696
the board.	27697

A grant awarded to an eligible student shall be paid to the	27698
institution in which the student is enrolled, and the institution	27699
shall reduce the student's instructional and general charges by	27700
the amount of the grant. Each grant awarded shall be prorated and	27701
paid in equal installments at the time of enrollment for each term	27702
of the academic year for which the grant is awarded. No student	27703
shall be eligible to receive a grant for more than ten semesters,	27704
fifteen quarters, or the equivalent of five academic years.	27705

The receipt of an Ohio student choice grant shall not affect	27706
a student's eligibility for assistance, or the amount of such	27707
assistance, granted under section 3315.33, 3333.12, 3333.122,	27708
3333.22, 3333.26, 5910.03, 5910.032, or 5919.34 of the Revised	27709
Code. If a student receives assistance under one or more of such	27710
sections, the student choice grant made to the student shall not	27711
exceed the difference between the amount of assistance received	27712
under such sections and the total instructional and general	27713
charges of the institution in which the student is enrolled.	27714

The general assembly shall support the student choice grant	27715
program by such sums and in such manner as it may provide, but the	27716
board may also receive funds from other sources to support the	27717
program.	27718

No grant shall be made to any student enrolled in a course of	27719
study leading to a degree in theology, religion, or other field of	27720
preparation for a religious profession unless the course of study	27721
leads to an accredited bachelor of arts or bachelor of science	27722
degree.	27723

Institutions of higher education that enroll students	27724
receiving grants under this section shall report to the board the	27725
name of each student who has received such a grant but who is no	27726
longer eligible for all or part of such grant and shall refund all	27727
moneys due to the state within thirty days after the beginning of	27728
the term immediately following the term in which the student was	27729
no longer eligible to receive all or part of the grant. There	27730
shall be an interest charge of one per cent per month on all	27731
moneys due and payable after such thirty-day period. The board	27732
shall immediately notify the office of budget and management and	27733
~~the legislative budget office of~~ the legislative service	27734
commission of all refunds received.	27735

Sec. 3333.28. (A) The Ohio board of regents shall establish	27736
the nurse education assistance program, the purpose of which shall	27737
be to make loans to students enrolled in prelicensure nurse	27738
education programs at institutions approved by the board of	27739
nursing under section 4723.06 of the Revised Code and	27740
postlicensure nurse education programs approved by the board of	27741
regents under section 3333.04 of the Revised Code or offered by an	27742
institution holding a certificate of authorization issued by the	27743
board of regents under Chapter 1713. of the Revised Code. The	27744
board of nursing shall assist the board of regents in	27745
administering the program.	27746

(B) There is hereby created in the state treasury the nurse	27747
education assistance fund, which shall consist of all money	27748
transferred to it pursuant to section 4743.05 of the Revised Code.	27749
The fund shall be used by the board of regents for loans made	27750
under division (A) of this section and for expenses of	27751
administering the loan program.	27752

(C) The board of regents shall adopt rules in accordance with	27753
Chapter 119. of the Revised Code establishing:	27754

(1) Eligibility criteria for receipt of a loan;

27755

(2) Loan application procedures;

27756

(3) The amounts in which loans may be made and the total	27757
amount that may be loaned to an individual;	27758

(4) The total amount of loans that can be made each year;

27759

(5) The percentage of the money in the fund that must remain	27760
in the fund at all times as a fund balance;	27761

(6) Interest and principal repayment schedules;

27762

(7) Conditions under which a portion of principal and	27763
interest obligations incurred by an individual under the program	27764
will be forgiven;	27765

(8) Ways that the program may be used to encourage	27766
individuals who are members of minority groups to enter the	27767
nursing profession;	27768

(9) Any other matters incidental to the operation of the	27769
program.	27770

(D) The obligation to repay a portion of the principal and	27771
interest on a loan made under this section shall be forgiven if	27772
the recipient of the loan meets the criteria for forgiveness	27773
established by the board of regents by rule adopted under division	27774
(C)(7) of this section.	27775

(E) The receipt of a loan under this section shall not affect	27776
a student's eligibility for assistance, or the amount of that	27777
assistance, granted under section 3333.12, 3333.122, 3333.22,	27778
3333.26, 3333.27, 5910.03, 5910.032, or 5919.34 of the Revised	27779
Code, but the rules of the board of regents may provide for taking	27780
assistance received under those sections into consideration when	27781
determining a student's eligibility for a loan under this section.	27782

Sec. 3333.36. ~~The~~Provided that sufficient unencumbered and	27783
unexpended funds are available from general revenue fund	27784
appropriations made to the Ohio board of regents, the chancellor	27785
of the Ohio board of regents ~~may~~shall allocate up to seventy	27786
thousand dollars in each fiscal year to make payments to the	27787
Columbus program in intergovernmental issues, an Ohio internship	27788
program at Kent state university, for scholarships of up to two	27789
thousand dollars for each student enrolled in the program. The	27790
chancellor may utilize any general revenue funds appropriated to	27791
the board of regents that the chancellor determines to be	27792
available for purposes of this section.	27793

Sec. 3333.38. (A) As used in this section:

27794

(1) "Institution of higher education" includes all of the	27795
following:	27796

(a) A state institution of higher education, as defined in	27797
section 3345.011 of the Revised Code;	27798

(b) A nonprofit institution issued a certificate of	27799
authorization by the Ohio board of regents under Chapter 1713. of	27800
the Revised Code;	27801

(c) A private institution exempt from regulation under	27802
Chapter 3332. of the Revised Code, as prescribed in section	27803
3333.046 of the Revised Code;	27804

(d) An institution of higher education with a certificate of	27805
registration from the state board of career colleges and schools	27806
under Chapter 3332. of the Revised Code.	27807

(2) "Student financial assistance supported by state funds"	27808
includes assistance granted under sections 3315.33, 3333.12,	27809
3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372,	27810
5910.03, 5910.032, and 5919.34 of the Revised Code and any other	27811
post-secondary student financial assistance supported by state	27812
funds.	27813

(B) An individual who is convicted of, pleads guilty to, or	27814
is adjudicated a delinquent child for one of the following	27815
violations shall be ineligible to receive any student financial	27816
assistance supported by state funds at an institution of higher	27817
education for two calendar years from the time the individual	27818
applies for assistance of that nature:	27819

(1) A violation of section 2917.02 or 2917.03 of the Revised	27820
Code;	27821

(2) A violation of section 2917.04 of the Revised Code that	27822
is a misdemeanor of the fourth degree;	27823

(3) A violation of section 2917.13 of the Revised Code that	27824
is a misdemeanor of the fourth or first degree and occurs within	27825
the proximate area where four or more others are acting in a	27826
course of conduct in violation of section 2917.11 of the Revised	27827
Code.	27828

(C) If an individual is convicted of, pleads guilty to, or is	27829
adjudicated a delinquent child for committing a violation of	27830
section 2917.02 or 2917.03 of the Revised Code, and if the	27831
individual is enrolled in a state-supported institution of higher	27832
education, the institution in which the individual is enrolled	27833
shall immediately dismiss the individual. No state-supported	27834
institution of higher education shall admit an individual of that	27835
nature for one academic year after the individual applies for	27836
admission to a state-supported institution of higher education.	27837
This division does not limit or affect the ability of a	27838
state-supported institution of higher education to suspend or	27839
otherwise discipline its students.	27840

Sec. 3334.01. As used in this chapter:

27841

(A) "Aggregate original principal amount" means the aggregate	27842
of the initial offering prices to the public of college savings	27843
bonds, exclusive of accrued interest, if any. "Aggregate original	27844
principal amount" does not mean the aggregate accreted amount	27845
payable at maturity or redemption of such bonds.	27846

(B) "Beneficiary" means:

27847

(1) An individual designated by the purchaser under a tuition	27848
payment contract or through a scholarship program as the	27849
individual on whose behalf tuition ~~credits~~units purchased under	27850
the contract or awarded through the scholarship program will be	27851
applied toward the payment of undergraduate, graduate, or	27852
professional tuition; or	27853

(2) An individual designated by the contributor under a	27854
variable college savings program contract as the individual whose	27855
tuition and other higher education expenses will be paid from a	27856
variable college savings program account.	27857

(C) "Capital appreciation bond" means a bond for which the	27858
following is true:	27859

(1) The principal amount is less than the amount payable at	27860
maturity or early redemption; and	27861

(2) No interest is payable on a current basis.

27862

(D) "Tuition ~~credit~~unit" means a credit of the Ohio tuition	27863
trust authority purchased under section 3334.09 of the Revised	27864
Code. "Tuition unit" includes a tuition credit purchased prior to	27865
July 1, 1994.	27866

(E) "College savings bonds" means revenue and other	27867
obligations issued on behalf of the state or any agency or issuing	27868
authority thereof as a zero-coupon or capital appreciation bond,	27869
and designated as college savings bonds as provided in this	27870
chapter. "College savings bond issue" means any issue of bonds of	27871
which any part has been designated as college savings bonds.	27872

(F) "Institution of higher education" means a state	27873
institution of higher education, a private college, university, or	27874
other postsecondary institution located in this state that	27875
possesses a certificate of authorization issued by the Ohio board	27876
of regents pursuant to Chapter 1713. of the Revised Code or a	27877
certificate of registration issued by the state board of career	27878
colleges and schools under Chapter 3332. of the Revised Code, or	27879
an accredited college, university, or other postsecondary	27880
institution located outside this state that is accredited by an	27881
accrediting organization or professional association recognized by	27882
the authority. To be considered an institution of higher	27883
education, an institution shall meet the definition of an eligible	27884
educational institution under section 529 of the Internal Revenue	27885
Code.	27886

(G) "Issuing authority" means any authority, commission,	27887
body, agency, or individual empowered by the Ohio Constitution or	27888
the Revised Code to issue bonds or any other debt obligation of	27889
the state or any agency or department thereof. "Issuer" means the	27890
issuing authority or, if so designated under division (B) of	27891
section 3334.04 of the Revised Code, the treasurer of state.	27892

(H) "Tuition" means the charges imposed to attend an	27893
institution of higher education as an undergraduate, graduate, or	27894
professional student and all fees required as a condition of	27895
enrollment, as determined by the Ohio tuition trust authority.	27896
"Tuition" does not include laboratory fees, room and board, or	27897
other similar fees and charges.	27898

(I) "Weighted average tuition" means the tuition cost	27899
resulting from the following calculation:	27900

(1) Add the products of the annual undergraduate tuition	27901
charged to Ohio residents at each four-year state university	27902
multiplied by that institution's total number of undergraduate	27903
fiscal year equated students; and	27904

(2) Divide the gross total of the products from division	27905
(I)(1) of this section by the total number of undergraduate fiscal	27906
year equated students attending four-year state universities.	27907

When making this calculation, the "annual undergraduate	27908
tuition charged to Ohio residents" shall not incorporate any	27909
tuition reductions that vary in amount among individual recipients	27910
and that are awarded to Ohio residents based upon their particular	27911
circumstances, beyond any minimum amount awarded uniformly to all	27912
Ohio residents. In addition, any tuition reductions awarded	27913
uniformly to all Ohio residents shall be incorporated into this	27914
calculation.	27915

(J) "Zero-coupon bond" means a bond which has a stated	27916
interest rate of zero per cent and on which no interest is payable	27917
until the maturity or early redemption of the bond, and is offered	27918
at a substantial discount from its original stated principal	27919
amount.	27920

(K) "State institution of higher education" includes the	27921
state universities listed in section 3345.011 of the Revised Code,	27922
community colleges created pursuant to Chapter 3354. of the	27923
Revised Code, university branches created pursuant to Chapter	27924
3355. of the Revised Code, technical colleges created pursuant to	27925
Chapter 3357. of the Revised Code, state community colleges	27926
created pursuant to Chapter 3358. of the Revised Code, the medical	27927
university of Ohio at Toledo, and the northeastern Ohio	27928
universities college of medicine.	27929

(L) "Four-year state university" means those state	27930
universities listed in section 3345.011 of the Revised Code.	27931

(M) "Principal amount" refers to the initial offering price	27932
to the public of an obligation, exclusive of the accrued interest,	27933
if any. "Principal amount" does not refer to the aggregate	27934
accreted amount payable at maturity or redemption of an	27935
obligation.	27936

(N) "Scholarship program" means a program registered with the	27937
Ohio tuition trust authority pursuant to section 3334.17 of the	27938
Revised Code.	27939

(O) "Internal Revenue Code" means the "Internal Revenue Code	27940
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	27941

(P) "Other higher education expenses" means room and board	27942
and books, supplies, equipment, and nontuition-related fees	27943
associated with the cost of attendance of a beneficiary at an	27944
institution of higher education, but only to the extent that such	27945
expenses meet the definition of "qualified higher education	27946
expenses" under section 529 of the Internal Revenue Code. "Other	27947
higher education expenses" does not include tuition as defined in	27948
division (H) of this section.	27949

(Q) "Purchaser" means the person signing the tuition payment	27950
contract, who controls the account and acquires tuition ~~credits~~	27951
units for an account under the terms and conditions of the	27952
contract.	27953

(R) "Contributor" means a person who signs a variable college	27954
savings program contract with the Ohio tuition trust authority and	27955
contributes to and owns the account created under the contract.	27956

(S) "Contribution" means any payment directly allocated to an	27957
account for the benefit of the designated beneficiary of the	27958
account.	27959

Sec. 3334.02. (A) In order to help make higher education	27960
affordable and accessible to all citizens of Ohio, to maintain	27961
state institutions of higher education by helping to provide a	27962
stable financial base to these institutions, to provide the	27963
citizens of Ohio with financing assistance for higher education	27964
and protection against rising tuition costs, to encourage saving	27965
to enhance the ability of citizens of Ohio to obtain financial	27966
access to institutions of higher education, to encourage	27967
elementary and secondary students in this state to achieve	27968
academic excellence, and to promote a well-educated and	27969
financially secure population to the ultimate benefit of all	27970
citizens of the state of Ohio, there is hereby created the Ohio	27971
college savings program. The program shall consist of the issuance	27972
of college savings bonds and the sale of tuition ~~credits and, if~~	27973
~~offered, supplemental credits~~units.	27974

(B) The provisions of Chapter 1707. of the Revised Code shall	27975
not apply to tuition ~~credits~~units or any agreement or transaction	27976
related thereto.	27977

(C) To provide the citizens of Ohio with a choice of	27978
tax-advantaged college savings programs and the opportunity to	27979
participate in more than one type of college savings program at a	27980
time, the Ohio tuition trust authority shall establish and	27981
administer a variable college savings program as a qualified state	27982
tuition program under section 529 of the Internal Revenue Code.	27983
The program shall allow contributors to make cash contributions to	27984
variable college savings program accounts created for the purpose	27985
of paying future tuition and other higher education expenses and	27986
providing variable rates of return on contributions.	27987

(D) A person may participate simultaneously in both the Ohio	27988
college savings program and the variable college savings program.	27989

Sec. 3334.03. (A) There is hereby created the Ohio tuition	27990
trust authority, which shall have the powers enumerated in this	27991
chapter and which shall operate as a qualified state tuition	27992
program within the meaning of section 529 of the Internal Revenue	27993
Code. The exercise by the authority of its powers shall be and is	27994
hereby declared an essential state governmental function. The	27995
authority is subject to all provisions of law generally applicable	27996
to state agencies which do not conflict with the provisions of	27997
this chapter.	27998

(B) The Ohio tuition trust authority shall consist of eleven	27999
members, no more than six of whom shall be of the same political	28000
party. Six members shall be appointed by the governor with the	28001
advice and consent of the senate as follows: one shall represent	28002
state institutions of higher education, one shall represent	28003
private nonprofit colleges and universities located in Ohio, one	28004
shall have experience in the field of marketing or public	28005
relations, one shall have experience in the field of information	28006
systems design or management, and two shall have experience in the	28007
field of banking, investment banking, insurance, or law. Four	28008
members shall be appointed by the speaker of the house of	28009
representatives and the president of the senate as follows: the	28010
speaker of the house of representatives shall appoint one member	28011
of the house from each political party and the president of the	28012
senate shall appoint one member of the senate from each political	28013
party. The chancellor of the board of regents shall be an ex	28014
officio voting member; provided, however, that the chancellor may	28015
designate a vice-chancellor of the board of regents to serve as	28016
the chancellor's representative. The political party of the	28017
chancellor shall be deemed the political party of the designee for	28018
purposes of determining that no more than six members are of the	28019
same political party.	28020

Initial gubernatorial appointees to the authority shall serve	28021
staggered terms, with two terms expiring on January 31, 1991, one	28022
term expiring on January 31, 1992, and one term expiring on	28023
January 31, 1993. The governor shall appoint two additional	28024
members to the authority no later than thirty days after ~~the~~	28025
~~effective date of this amendment~~March 30, 1999, and their initial	28026
terms shall expire January 31, 2002. Thereafter, terms of office	28027
for gubernatorial appointees shall be for four years. The initial	28028
terms of the four legislative members shall expire on January 31,	28029
1991. Thereafter legislative members shall serve two-year terms,	28030
provided that legislative members may continue to serve on the	28031
authority only if they remain members of the general assembly. Any	28032
vacancy on the authority shall be filled in the same manner as the	28033
original appointment, except that any person appointed to fill a	28034
vacancy shall be appointed to the remainder of the unexpired term.	28035
Any member is eligible for reappointment.	28036

(C) Any member may be removed by the appointing authority for	28037
misfeasance, malfeasance, or willful neglect of duty or for other	28038
cause after notice and a public hearing, unless the notice and	28039
hearing are waived in writing by the member. Members shall serve	28040
without compensation but shall receive their reasonable and	28041
necessary expenses incurred in the conduct of authority business.	28042

(D) The speaker of the house of representatives and the	28043
president of the senate shall each designate a member of the	28044
authority to serve as co-chairpersons. The six gubernatorial	28045
appointees and the chancellor of the board of regents or the	28046
chancellor's designee shall serve as the executive committee of	28047
the authority, and shall elect an executive chairperson from among	28048
the executive committee members. The authority and the executive	28049
committee may elect such other officers as determined by the	28050
authority or the executive committee respectively. The authority	28051
shall meet at least annually at the call of either co-chairperson	28052
and at such other times as either co-chairperson or the authority	28053
determines necessary. In the absence of both co-chairpersons, the	28054
executive chairperson shall serve as the presiding officer of the	28055
authority. The executive committee shall meet at the call of the	28056
executive chairperson or as the executive committee determines	28057
necessary. The authority may delegate to the executive committee	28058
such duties and responsibilities as the authority determines	28059
appropriate, except that the authority may not delegate to the	28060
executive committee the final determination of the annual price of	28061
a tuition ~~credit~~unit, the final designation of bonds as college	28062
savings bonds, or the employment of an executive director of the	28063
authority. Upon such delegation, the executive committee shall	28064
have the authority to act pursuant to such delegation without	28065
further approval or action by the authority. A majority of the	28066
authority shall constitute a quorum of the authority, and the	28067
affirmative vote of a majority of the members present shall be	28068
necessary for any action taken by the authority. A majority of the	28069
executive committee shall constitute a quorum of the executive	28070
committee, and the affirmative vote of a majority of the members	28071
present shall be necessary for any action taken by the executive	28072
committee. No vacancy in the membership of the authority or the	28073
executive committee shall impair the rights of a quorum to	28074
exercise all rights and perform all duties of the authority or the	28075
executive committee respectively.	28076

Sec. 3334.07. (A) The Ohio tuition trust authority shall	28077
develop a plan for the sale of tuition ~~credits~~units. The Ohio	28078
board of regents shall cooperate with the authority and provide	28079
technical assistance upon request.	28080

(B) Annually, the authority shall determine the weighted	28081
average tuition of four-year state universities in the academic	28082
year that begins on or after the first day of August of the	28083
current calendar year, and shall establish the price of a tuition	28084
~~credit~~unit in the ensuing sales period. Such price shall be based	28085
on sound actuarial principles, and shall, to the extent	28086
actuarially possible, reasonably approximate one per cent of the	28087
weighted average tuition for that academic year plus the costs of	28088
administering the ~~tuition credit~~ program that are in excess of	28089
general revenue fund appropriations for administrative costs. The	28090
sales period to which such price applies shall consist of twelve	28091
months, and the authority by rule shall establish the date on	28092
which the sales period begins. If circumstances arise during a	28093
sales period that the authority determines causes the price of	28094
tuition ~~credits~~units to be insufficient to ensure the actuarial	28095
soundness of the Ohio tuition trust fund, the authority may adjust	28096
the price of tuition ~~credits~~units purchased during the remainder	28097
of the sales period. To promote the purchase of tuition ~~credits~~	28098
units and in accordance with actuarially sound principles, the	28099
authority may adjust the sales price as part of incentive	28100
programs, such as discounting for ~~lump-sum~~lump sum purchases and	28101
multi-year installment plans at a fixed rate of purchase.	28102

Sec. 3334.08. (A) Subject to division (B) of this section,	28103
in addition to any other powers conferred by this chapter, the	28104
Ohio tuition trust authority may do any of the following:	28105

(1) Impose reasonable residency requirements for	28106
beneficiaries of tuition ~~credits~~units;	28107

(2) Impose reasonable limits on the number of tuition ~~credit~~	28108
unit participants;	28109

(3) Impose and collect administrative fees and charges in	28110
connection with any transaction under this chapter;	28111

(4) Purchase insurance from insurers licensed to do business	28112
in this state providing for coverage against any loss in	28113
connection with the authority's property, assets, or activities or	28114
to further ensure the value of tuition ~~credits~~units;	28115

(5) Indemnify or purchase policies of insurance on behalf of	28116
members, officers, and employees of the authority from insurers	28117
licensed to do business in this state providing for coverage for	28118
any liability incurred in connection with any civil action,	28119
demand, or claim against a director, officer, or employee by	28120
reason of an act or omission by the director, officer, or employee	28121
that was not manifestly outside the scope of the employment or	28122
official duties of the director, officer, or employee or with	28123
malicious purpose, in bad faith, or in a wanton or reckless	28124
manner;	28125

(6) Make, execute, and deliver contracts, conveyances, and	28126
other instruments necessary to the exercise and discharge of the	28127
powers and duties of the authority;	28128

(7) Promote, advertise, and publicize the Ohio college	28129
savings program and the variable college savings program;	28130

(8) Adopt rules under section 111.15 of the Revised Code for	28131
the implementation of the Ohio college savings program;	28132

(9) Contract, for the provision of all or part of the	28133
services necessary for the management and operation of the Ohio	28134
college savings program and the variable college savings program,	28135
with a bank, trust company, savings and loan association,	28136
insurance company, or licensed dealer in securities if the bank,	28137
company, association, or dealer is authorized to do business in	28138
this state and information about the contract is filed with the	28139
controlling board pursuant to division (D)(6) of section 127.16 of	28140
the Revised Code;	28141

(10) Contract for other services, or for goods, needed by the	28142
authority in the conduct of its business, including but not	28143
limited to credit card services;	28144

(11) Employ an executive director and other personnel as	28145
necessary to carry out its responsibilities under this chapter,	28146
and fix the compensation of these persons. All employees of the	28147
authority shall be in the unclassified civil service and shall be	28148
eligible for membership in the public employees retirement system.	28149

(12) Contract with financial consultants, actuaries,	28150
auditors, and other consultants as necessary to carry out its	28151
responsibilities under this chapter;	28152

(13) Enter into agreements with any agency of the state or	28153
its political subdivisions or with private employers under which	28154
an employee may agree to have a designated amount deducted in each	28155
payroll period from the wages or salary due the employee for the	28156
purpose of purchasing tuition ~~credits~~units pursuant to a tuition	28157
payment contract or making contributions pursuant to a variable	28158
college savings program contract;	28159

(14) Enter into an agreement with the treasurer of state	28160
under which the treasurer of state will receive, and credit to the	28161
Ohio tuition trust fund or variable college savings program fund,	28162
from any bank or savings and loan association authorized to do	28163
business in this state, amounts that a depositor of the bank or	28164
association authorizes the bank or association to withdraw	28165
periodically from the depositor's account for the purpose of	28166
purchasing tuition ~~credits~~units pursuant to a tuition payment	28167
contract or making contributions pursuant to a variable college	28168
savings program contract;	28169

(15) Solicit and accept gifts, grants, and loans from any	28170
person or governmental agency and participate in any governmental	28171
program;	28172

(16) Impose limits on the number of ~~credits~~units which may	28173
be purchased on behalf of or assigned or awarded to any	28174
beneficiary and on the total amount of contributions that may be	28175
made on behalf of a beneficiary;	28176

(17) Impose restrictions on the substitution of another	28177
individual for the original beneficiary under the Ohio college	28178
savings program;	28179

(18) Impose a limit on the age of a beneficiary, above which	28180
tuition ~~credits~~units may not be purchased on behalf of that	28181
beneficiary;	28182

(19) Enter into a cooperative agreement with the treasurer of	28183
state to provide for the direct disbursement of payments under	28184
tuition payment or variable college savings program contracts;	28185

(20) Determine the other higher education expenses for which	28186
tuition ~~credits~~units or contributions may be used;	28187

(21) Terminate any tuition payment or variable college	28188
savings program contract if no purchases or contributions are made	28189
for a period of three years or more and there are fewer than a	28190
total of five tuition units ~~or tuition credits~~ or less than a	28191
dollar amount set by rule on account, provided that notice of a	28192
possible termination shall be provided in advance, explaining any	28193
options to prevent termination, and a reasonable amount of time	28194
shall be provided within which to act to prevent a termination;	28195

(22) Maintain a separate account for each tuition payment or	28196
variable college savings program contract;	28197

(23) Perform all acts necessary and proper to carry out the	28198
duties and responsibilities of the authority pursuant to this	28199
chapter.	28200

(B) The authority shall adopt rules under section 111.15 of	28201
the Revised Code for the implementation and administration of the	28202
variable college savings program. The rules shall provide	28203
taxpayers with the maximum tax advantages and flexibility	28204
consistent with section 529 of the Internal Revenue Code and	28205
regulations adopted thereunder with regard to disposition of	28206
contributions and earnings, designation of beneficiaries, and	28207
rollover of account assets to other programs.	28208

(C) Except as otherwise specified in this chapter, the	28209
provisions of Chapters 123., 125., and 4117. of the Revised Code	28210
shall not apply to the authority. The department of administrative	28211
services shall, upon the request of the authority, act as the	28212
authority's agent for the purchase of equipment, supplies,	28213
insurance, or services, or the performance of administrative	28214
services pursuant to Chapter 125. of the Revised Code.	28215

Sec. 3334.09. (A) Except in the case of a scholarship	28216
program established in accordance with section 3334.17 of the	28217
Revised Code, the Ohio tuition trust authority may enter into a	28218
tuition payment contract with any person for the purchase of	28219
tuition ~~credits~~units if either the purchaser or the beneficiary	28220
is a resident of this state at the time the contract is entered	28221
into. A tuition payment contract shall allow any person to	28222
purchase tuition ~~credits~~units at the price determined by the	28223
authority pursuant to section 3334.07 or 3334.12 of the Revised	28224
Code for the year in which the tuition ~~credit~~unit is purchased.	28225
The purchaser shall name in the payment contract one specific	28226
individual as the beneficiary for the tuition ~~credits~~units.	28227

In accordance with rules of the authority, ~~credits~~units may	28228
be transferred to the credit of another beneficiary and a new	28229
beneficiary may be substituted for the beneficiary originally	28230
named in the contract.	28231

(B) Each tuition ~~credit~~unit shall entitle the beneficiary to	28232
an amount equal to one per cent of the weighted average tuition.	28233

(C) Nothing in this chapter or in any tuition payment	28234
contract entered into pursuant to this chapter shall be construed	28235
as a guarantee by the state, the authority, or any institution of	28236
higher education that a beneficiary will be admitted to an	28237
institution of higher education, or, upon admission to an	28238
institution of higher education, will be permitted to continue to	28239
attend or will receive a degree from an institution of higher	28240
education. Nothing in this chapter or in any tuition payment	28241
contract entered into pursuant to this chapter shall be considered	28242
a guarantee that the beneficiary's cost of tuition at an	28243
institution of higher education other than a state institution of	28244
higher education will be covered in full by the proceeds of the	28245
beneficiary's tuition ~~credits~~units.	28246

(D) The following information shall be disclosed in writing	28247
to each purchaser of tuition ~~credits~~units and, where appropriate,	28248
to each entity establishing a scholarship program under section	28249
3334.17 of the Revised Code:	28250

(1) The terms and conditions for the purchase and use of	28251
tuition ~~credits~~units;	28252

(2) In the case of a contract described by division (A) of	28253
this section, any restrictions on the substitution of another	28254
individual for the original beneficiary and any restrictions on	28255
the transfer of ownership of ~~credits~~units in the payment account;	28256

(3) The person or entity entitled to terminate the contract;

28257

(4) The terms and conditions under which the contract may be	28258
terminated and the amount of the refund, if any, to which the	28259
person or entity terminating the contract, or that person's or	28260
entity's designee, is entitled upon termination;	28261

(5) The obligation of the authority to make payments to a	28262
beneficiary, or an institution of higher education on behalf of a	28263
beneficiary, under division (B) of this section based upon the	28264
number of tuition ~~credits~~units purchased on behalf of the	28265
beneficiary or awarded to the beneficiary pursuant to a	28266
scholarship program;	28267

(6) The method by which tuition ~~credits~~units shall be	28268
applied toward payment of tuition and other higher education	28269
expenses if in any academic term the beneficiary is a part-time	28270
student;	28271

(7) The period of time during which a beneficiary may receive	28272
benefits under the contract;	28273

(8) The terms and conditions under which money may be wholly	28274
or partially withdrawn from the program, including, but not	28275
limited to, any reasonable charges and fees that may be imposed	28276
for withdrawal;	28277

(9) All other rights and obligations of the purchaser and the	28278
authority, including the provisions of division (A) of section	28279
3334.12 of the Revised Code, and any other terms, conditions, and	28280
provisions the authority considers necessary and appropriate.	28281

(E) A tuition payment contract may provide that the authority	28282
will pay directly to the institution of higher education in which	28283
a beneficiary is enrolled during a term the amount represented by	28284
the tuition ~~credits~~units being used that term.	28285

(F) A tuition payment contract described by division (A) of	28286
this section may provide that if the contract has not been	28287
terminated or ~~credits~~units purchased under the contract have not	28288
been applied toward the payment of tuition or other higher	28289
education expenses within a specified period of time, the	28290
authority may, after making a reasonable effort to locate the	28291
purchaser of the tuition ~~credits~~units, the beneficiary, and any	28292
person designated in the contract to act on behalf of the	28293
purchaser of the ~~credits~~units or the beneficiary, terminate the	28294
contract and retain the amounts payable under the contract.	28295

(G) If, at any time after tuition ~~credits~~units are purchased	28296
on behalf of a beneficiary or awarded to a beneficiary or pursuant	28297
to a scholarship program, the beneficiary becomes a nonresident of	28298
this state, or, if the beneficiary was not a resident of this	28299
state at the time the tuition payment contract was entered into,	28300
the purchaser becomes a nonresident of this state, ~~credits~~units	28301
purchased or awarded while the beneficiary was a resident may be	28302
applied on behalf of the beneficiary toward the payment of tuition	28303
at an institution of higher education and other higher education	28304
expenses in the manner specified in division (B) of this section,	28305
except that if the beneficiary enrolls in a state institution of	28306
higher education, the beneficiary shall be responsible for payment	28307
of all nonresident fees charged to out-of-state residents by the	28308
institution in which the beneficiary is enrolled.	28309

Sec. 3334.10. Divisions (A),and (B)~~, (C), and (D)~~ of this	28310
section do not apply to scholarship programs established under	28311
section 3334.17 of the Revised Code.	28312

(A) Unless otherwise provided for in the ~~contract, a~~ tuition	28313
payment contract ~~may be terminated by the purchaser under any of~~	28314
~~the following circumstances upon the written request of the~~	28315
~~purchaser to the authority:~~	28316

~~(1) Upon the death or permanent disability of the~~	28317
~~beneficiary;~~	28318

~~(2) Upon notification to the Ohio tuition trust authority in~~	28319
~~writing that the beneficiary is age eighteen or older, has decided~~	28320
~~not to attend an institution of higher education, and requests~~	28321
~~that the contract be terminated;~~	28322

~~(3) Upon the beneficiary's completion of the degree~~	28323
~~requirements at an institution of higher education;~~	28324

~~(4) Upon the rollover of all amounts in a tuition credit~~	28325
~~account to an equivalent account in another state;~~	28326

~~(5) Upon the occurrence of other circumstances determined by~~	28327
~~the authority to be grounds for termination.~~	28328

~~(B) The authority shall determine the method and schedule for~~	28329
~~payment of refunds upon termination of a tuition payment contract.~~	28330
, the purchaser may rollover amounts to another qualified tuition	28331
program under section 529 of the Internal Revenue Code or	28332
terminate the contract for any reason by filing written notice	28333
with the Ohio tuition trust authority.	28334

(1) ~~In cases described by division (A)(2) or (3) of this~~	28335
~~section,~~If the contract is terminated and the beneficiary is	28336
under eighteen years of age, the authority shall use actuarially	28337
sound principles to determine the amount of the refund ~~shall be~~	28338
~~equal to not less than one per cent of the weighted average~~	28339
~~tuition in the academic year the refund is paid, multiplied by the~~	28340
~~number of tuition credits purchased and not used, minus any~~	28341
~~reasonable charges and fees provided for by the authority, or such~~	28342
~~other lesser sum as shall be determined by the authority but only~~	28343
~~to the extent that such a lesser sum is necessary to meet the~~	28344
~~refund penalty requirements for qualified state tuition programs~~	28345
~~under section 529 of the Internal Revenue Code~~.	28346

(2) ~~In cases described by division (A)(1) of this section~~If	28347
the contract is terminated because of the death or permanent	28348
disability of the beneficiary, the amount of the refund shall be	28349
equal to the greater of the following:	28350

(a) One per cent of the weighted average tuition in the	28351
academic year the refund is paid, multiplied by the number of	28352
tuition ~~credits~~units purchased and not used;	28353

(b) The total purchase price of all tuition ~~credits~~units	28354
purchased for the beneficiary and not used.	28355

(3) ~~In cases described by division (A)(5) of this section,~~	28356
~~the amount of the refund shall be either of the following as~~	28357
~~determined by the authority:~~	28358

~~(a) The refund provided by division (B)(1) of this section;~~

28359

~~(b) The refund provided by division (B)(2) of this section,~~	28360
~~or such other lesser sum as shall be determined by the authority~~	28361
~~but only to the extent that such a lesser sum is necessary to meet~~	28362
~~the refund penalty requirements for qualified state tuition~~	28363
~~programs under section 529 of the Internal Revenue Code~~If all or	28364
part of the amount accrued under the contract is liquidated for a	28365
rollover to another qualified tuition program under section 529 of	28366
the Internal Revenue Code, the rollover amount shall be determined	28367
in an actuarially sound manner.	28368

~~(C) Unless otherwise provided for in the contract, a~~(B) The	28369
contributor of a variable college savings program account may be	28370
~~terminated by~~rollover amounts to another qualified tuition	28371
program under section 529 of the Internal Revenue Code or	28372
terminate the ~~contributor~~account for any reason ~~upon the written~~	28373
~~request of the contributor to the authority. Termination of a~~	28374
~~variable college savings program account shall occur no earlier~~	28375
~~than a maturity period set by the authority after the first~~	28376
~~contribution is made to the account.~~	28377

~~(D) The authority shall determine the method and schedule for~~	28378
~~payment of refunds upon termination of a variable savings program~~	28379
~~account~~by filing written notice with the Ohio tuition trust	28380
authority.	28381

~~(1)~~ The contributor ~~under a variable savings program contract~~	28382
may receive ~~a refund of the~~an amount equal to the account balance	28383
~~in an account~~, less any applicable administrative fees~~, if the~~	28384
~~account is terminated upon the death or permanent disability of~~	28385
~~the beneficiary or, to the extent allowed under rules of the~~	28386
~~authority, upon the rollover of all amounts in a variable college~~	28387
~~savings program account to an equivalent account in another state~~.	28388

~~(2) If a variable college savings program account is~~	28389
~~terminated for any reason other than those set forth in division~~	28390
~~(D)(1) of this section, the contributor may receive a refund of~~	28391
~~the balance in the account, less any administrative fees, and less~~	28392
~~any additional amount necessary to meet the minimum refund penalty~~	28393
~~requirements for a qualified state tuition program under section~~	28394
~~529 of the Internal Revenue Code.~~	28395

~~(3) Earnings shall be calculated as the total value of the~~	28396
~~variable savings program account less the aggregate contributions,~~	28397
~~or in such other manner as prescribed by section 529 of the~~	28398
~~Internal Revenue Code.~~	28399

~~(E) In the case of a~~(C) A scholarship program,may request a	28400
refund of tuition ~~credits~~units in the program's account ~~may be~~	28401
~~made only for just cause with the approval of~~by filing a written	28402
request with the authority. The refund shall be paid to the entity	28403
that established the scholarship program or, with that entity's	28404
approval, to the authority if this is authorized by federal tax	28405
law. The amount of any refund shall be determined by the authority	28406
and shall meet the requirements for refunds made on account of	28407
scholarships under section 529 of the Internal Revenue Code.	28408

~~(F) If a beneficiary is awarded a scholarship other than~~	28409
~~under a scholarship program, a waiver of tuition, or similar~~	28410
~~subvention that the authority determines cannot be converted into~~	28411
~~money by the beneficiary, the authority shall, during each~~	28412
~~academic term that the beneficiary furnishes the authority such~~	28413
~~information about the scholarship, waiver, or similar subvention~~	28414
~~as the authority requires, refund to the person designated in the~~	28415
~~contract, or, in the case of a beneficiary under a scholarship~~	28416
~~program, to the beneficiary an amount equal to the value that the~~	28417
~~tuition credits or the amounts in the variable college savings~~	28418
~~program account that are not needed on account of the scholarship,~~	28419
~~waiver, or similar subvention would otherwise have to the~~	28420
~~beneficiary that term at the institution of higher education where~~	28421
~~the beneficiary is enrolled. The authority may, at its sole~~	28422
~~option, designate the institution of higher education at which the~~	28423
~~beneficiary is enrolled as the agent of the authority for purposes~~	28424
~~of refunds pursuant to this division.~~	28425

~~(G) If, in any academic term for which tuition credits or any~~	28426
~~amounts in a variable college savings program account have been~~	28427
~~used to pay all or part of a beneficiary's tuition, the~~	28428
~~beneficiary withdraws from the institution of higher education at~~	28429
~~which the beneficiary is enrolled prior to the end of the academic~~	28430
~~term, a pro rata share of any refund of tuition as a result of the~~	28431
~~withdrawal equal to that portion of the tuition paid with tuition~~	28432
~~credits or the amounts in a variable college savings program~~	28433
~~account shall be made to the authority, unless the authority~~	28434
~~designates a different procedure. The authority shall credit any~~	28435
~~refund received, less any reasonable charges and fees provided for~~	28436
~~by the authority, to the appropriate account established under~~	28437
~~division (F)(1) or (2) of section 3334.11 of the Revised Code or~~	28438
~~division (H) of this section.~~	28439

~~(H)~~(D) The authority shall maintain a separate account for	28440
each variable college savings contract entered into pursuant to	28441
division (A) of section 3334.18 of the Revised Code for	28442
contributions made on behalf of a beneficiary, showing the name of	28443
the beneficiary of that contract and the amount of contributions	28444
made pursuant to that contract. Upon request of any beneficiary or	28445
contributor, the authority shall provide a statement indicating,	28446
in the case of a beneficiary, the amount of contributions made	28447
pursuant to that contract on behalf of the beneficiary, or, in the	28448
case of a contributor, contributions made, disbursed, or refunded	28449
pursuant to that contract.	28450

Sec. 3334.11. (A) The assets of the Ohio tuition trust	28451
authority reserved for payment of the obligations of the authority	28452
pursuant to tuition payment contracts shall be placed in a fund,	28453
which is hereby created and shall be known as the Ohio tuition	28454
trust fund. The fund shall be in the custody of the treasurer of	28455
state, but shall not be part of the state treasury. That portion	28456
of payments received by the authority or the treasurer of state	28457
from persons purchasing tuition ~~credits~~units under tuition	28458
payment contracts that the authority determines is actuarially	28459
necessary for the payment of obligations of the authority pursuant	28460
to tuition payment contracts, all interest and investment income	28461
earned by the fund, and all other receipts of the authority from	28462
any other source that the authority determines appropriate, shall	28463
be deposited in the fund. No purchaser or beneficiary of tuition	28464
~~credits~~units shall have any claim against the funds of any state	28465
institution of higher education. All investment fees and other	28466
costs incurred in connection with the exercise of the investment	28467
powers of the authority pursuant to divisions (D) and (E) of this	28468
section shall be paid from the assets of the fund.	28469

(B) Unless otherwise provided by the authority, the assets of	28470
the Ohio tuition trust fund shall be expended in the following	28471
order:	28472

(1) To make payments to beneficiaries, or institutions of	28473
higher education on behalf of beneficiaries, under division (B) of	28474
section 3334.09 of the Revised Code;	28475

(2) To make refunds as provided in divisions ~~(B), (E),~~(A) and	28476
~~(F)~~(C) of section 3334.10 of the Revised Code;	28477

(3) To pay the investment fees and other costs of	28478
administering the fund.	28479

(C)(1) Except as may be provided in an agreement under	28480
division (A)(19) of section 3334.08 of the Revised Code, all	28481
disbursements from the Ohio tuition trust fund shall be made by	28482
the treasurer of state on order of a designee of the authority.	28483

(2) The treasurer of state shall deposit any portion of the	28484
Ohio tuition trust fund not needed for immediate use in the same	28485
manner as state funds are deposited.	28486

(D) The authority is the trustee of the Ohio tuition trust	28487
fund. The authority shall have full power to invest the assets of	28488
the fund and in exercising this power shall be subject to the	28489
limitations and requirements contained in divisions (K) to (M) of	28490
this section and sections 145.112 and 145.113 of the Revised Code.	28491
The evidences of title of all investments shall be delivered to	28492
the treasurer of state or to a qualified trustee designated by the	28493
treasurer of state as provided in section 135.18 of the Revised	28494
Code. Assets of the fund shall be administered by the authority in	28495
a manner designed to be actuarially sound so that the assets of	28496
the fund will be sufficient to satisfy the obligations of the	28497
authority pursuant to tuition payment contracts and defray the	28498
reasonable expenses of administering the fund.	28499

(E) The public employees retirement board shall, with the	28500
approval of the authority, exercise the investment powers of the	28501
authority as set forth in division (D) of this section until the	28502
authority determines that assumption and exercise by the authority	28503
of the investment powers is financially and administratively	28504
feasible. The investment powers shall be exercised by the public	28505
employees retirement board in a manner agreed upon by the	28506
authority that maximizes the return on investment and minimizes	28507
the administrative expenses.	28508

(F)(1) The authority shall maintain a separate account for	28509
each tuition payment contract entered into pursuant to division	28510
(A) of section 3334.09 of the Revised Code for the purchase of	28511
tuition ~~credits~~units on behalf of a beneficiary or beneficiaries	28512
showing the beneficiary or beneficiaries of that contract and the	28513
number of tuition ~~credits~~units purchased pursuant to that	28514
contract. Upon request of any beneficiary or person who has	28515
entered into a tuition payment contract, the authority shall	28516
provide a statement indicating, in the case of a beneficiary, the	28517
number of tuition ~~credits~~units purchased on behalf of the	28518
beneficiary, or in the case of a person who has entered into a	28519
tuition payment contract, the number of tuition ~~credits~~units	28520
purchased, used, or refunded pursuant to that contract. A	28521
beneficiary and person that have entered into a tuition payment	28522
contract each may file only one request under this division in any	28523
year.	28524

(2) The authority shall maintain an account for each	28525
scholarship program showing the number of tuition ~~credits~~units	28526
that have been purchased for or donated to the program and the	28527
number of tuition ~~credits~~units that have been used. Upon the	28528
request of the entity that established the scholarship program,	28529
the authority shall provide a statement indicating these numbers.	28530

(G) In addition to the Ohio tuition trust fund, there is	28531
hereby established a reserve fund that shall be in the custody of	28532
the treasurer of state but shall not be part of the state	28533
treasury, and shall be known as the Ohio tuition trust reserve	28534
fund, and an operating fund that shall be part of the state	28535
treasury, and shall be known as the Ohio tuition trust operating	28536
fund. That portion of payments received by the authority or the	28537
treasurer of state from persons purchasing tuition ~~credits~~units	28538
under tuition payment contracts that the authority determines is	28539
not actuarially necessary for the payment of obligations of the	28540
authority pursuant to tuition payment contracts, any interest and	28541
investment income earned by the reserve fund, any administrative	28542
charges and fees imposed by the authority on transactions under	28543
this chapter or on purchasers or beneficiaries of tuition ~~credits~~	28544
units, and all other receipts from any other source that the	28545
authority determines appropriate, shall be deposited in the	28546
reserve fund to pay the operating expenses of the authority and	28547
the costs of administering the program. The assets of the reserve	28548
fund may be invested in the same manner and subject to the same	28549
limitations set forth in divisions (D), (E), and (K) to (M) of	28550
this section and sections 145.112 and 145.113 of the Revised Code.	28551
All investment fees and other costs incurred in connection with	28552
the exercise of the investment powers shall be paid from the	28553
assets of the reserve fund. Except as otherwise provided for in	28554
this chapter, all operating expenses of the authority and costs of	28555
administering the program shall be paid from the operating fund.	28556
The treasurer shall, upon request of the authority, transfer funds	28557
from the reserve fund to the operating fund as the authority	28558
determines appropriate to pay those current operating expenses of	28559
the authority and costs of administering the program as the	28560
authority designates. Any interest or investment income earned on	28561
the assets of the operating fund shall be deposited in the	28562
operating fund.	28563

(H) In January of each year the authority shall report to	28564
each person who received any payments or refunds from the	28565
authority during the preceding year information relative to the	28566
value of the payments or refunds to assist in determining that	28567
person's tax liability.	28568

(I) The authority shall report to the tax commissioner any	28569
information, and at the times, as the tax commissioner requires to	28570
determine any tax liability that a person may have incurred during	28571
the preceding year as a result of having received any payments or	28572
refunds from the authority.	28573

(J) All records of the authority indicating the identity of	28574
purchasers and beneficiaries of tuition ~~credits~~units or college	28575
savings bonds, the number of tuition ~~credits~~units purchased,	28576
used, or refunded under a tuition payment contract, and the number	28577
of college savings bonds purchased, held, or redeemed are not	28578
public records within the meaning of section 149.43 of the Revised	28579
Code.	28580

(K) The authority and other fiduciaries shall discharge their	28581
duties with respect to the funds with care, skill, prudence, and	28582
diligence under the circumstances then prevailing that a prudent	28583
person acting in a like capacity and familiar with such matters	28584
would use in the conduct of an enterprise of a like character and	28585
with like aims; and by diversifying the investments of the assets	28586
of the funds so as to minimize the risk of large losses, unless	28587
under the circumstances it is clearly prudent not to do so.	28588

To facilitate investment of the funds, the authority may	28589
establish a partnership, trust, limited liability company,	28590
corporation, including a corporation exempt from taxation under	28591
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as	28592
amended, or any other legal entity authorized to transact business	28593
in this state.	28594

(L) In exercising its fiduciary responsibility with respect	28595
to the investment of the assets of the funds, it shall be the	28596
intent of the authority to give consideration to investments that	28597
enhance the general welfare of the state and its citizens where	28598
the investments offer quality, return, and safety comparable to	28599
other investments currently available to the authority. In	28600
fulfilling this intent, equal consideration shall also be given to	28601
investments otherwise qualifying under this section that involve	28602
minority owned and controlled firms and firms owned and controlled	28603
by women, either alone or in joint venture with other firms.	28604

The authority shall adopt, in regular meeting, policies,	28605
objectives, or criteria for the operation of the investment	28606
program that include asset allocation targets and ranges, risk	28607
factors, asset class benchmarks, time horizons, total return	28608
objectives, and performance evaluation guidelines. In adopting	28609
policies and criteria for the selection of agents with whom the	28610
authority may contract for the administration of the assets of the	28611
funds, the authority shall give equal consideration to minority	28612
owned and controlled firms, firms owned and controlled by women,	28613
and ventures involving minority owned and controlled firms and	28614
firms owned and controlled by women that otherwise meet the	28615
policies and criteria established by the authority. Amendments and	28616
additions to the policies and criteria shall be adopted in regular	28617
meeting. The authority shall publish its policies, objectives, and	28618
criteria under this provision no less often than annually and	28619
shall make copies available to interested parties.	28620

When reporting on the performance of investments, the	28621
authority shall comply with the performance presentation standards	28622
established by the association for investment management and	28623
research.	28624

(M) All investments shall be purchased at current market	28625
prices and the evidences of title of the investments shall be	28626
placed in the hands of the treasurer of state, who is hereby	28627
designated as custodian thereof, or in the hands of the treasurer	28628
of state's authorized agent. The treasurer of state or the agent	28629
shall collect the principal, dividends, distributions, and	28630
interest thereon as they become due and payable and place them	28631
when so collected into the custodial funds.	28632

The treasurer of state shall pay for investments purchased by	28633
the authority on receipt of written or electronic instructions	28634
from the authority or the authority's designated agent authorizing	28635
the purchase and pending receipt of the evidence of title of the	28636
investment by the treasurer of state or the treasurer of state's	28637
authorized agent. The authority may sell investments held by the	28638
authority, and the treasurer of state or the treasurer of state's	28639
authorized agent shall accept payment from the purchaser and	28640
deliver evidence of title of the investment to the purchaser on	28641
receipt of written or electronic instructions from the authority	28642
or the authority's designated agent authorizing the sale, and	28643
pending receipt of the moneys for the investments. The amount	28644
received shall be placed in the custodial funds. The authority and	28645
the treasurer of state may enter into agreements to establish	28646
procedures for the purchase and sale of investments under this	28647
division and the custody of the investments.	28648

No purchase or sale of any investment shall be made under	28649
this section except as authorized by the authority.	28650

Any statement of financial position distributed by the	28651
authority shall include fair value, as of the statement date, of	28652
all investments held by the authority under this section.	28653

Sec. 3334.12. Notwithstanding anything to the contrary in	28654
sections 3334.07 and 3334.09 of the Revised Code:	28655

(A) Annually, the Ohio tuition trust authority shall have the	28656
actuarial soundness of the Ohio tuition trust fund evaluated by a	28657
nationally recognized actuary and shall determine whether	28658
additional assets are necessary to defray the obligations of the	28659
authority. If, after the authority sets the price for tuition	28660
~~credits~~units, circumstances arise that the executive director	28661
determines necessitate an additional evaluation of the actuarial	28662
soundness of the fund, the executive director shall have a	28663
nationally recognized actuary conduct the necessary evaluation. If	28664
the assets of the fund are insufficient to ensure the actuarial	28665
soundness of the fund, the authority shall adjust the price of	28666
subsequent purchases of tuition ~~credits~~units to the extent	28667
necessary to help restore the actuarial soundness of the fund. If,	28668
at any time, the adjustment is likely, in the opinion of the	28669
authority, to diminish the marketability of tuition ~~credits~~units	28670
to an extent that the continued sale of the ~~credits~~units likely	28671
would not restore the actuarial soundness of the fund and external	28672
economic factors continue to negatively impact the soundness of	28673
the program, the authority may suspend sales, either permanently	28674
or temporarily, of tuition ~~credits~~units. During any suspension,	28675
the authority shall continue to service existing college savings	28676
program accounts.	28677

(B) Upon termination of the program or liquidation of the	28678
Ohio tuition trust fund, the Ohio tuition trust reserve fund, and	28679
the Ohio tuition trust operating fund, any remaining assets of the	28680
funds after all obligations of the funds have been satisfied	28681
pursuant to division (B) of section 3334.11 of the Revised Code	28682
shall be transferred to the general revenue fund of the state.	28683

(C) The authority shall prepare and cause to have audited an	28684
annual financial report on all financial activity of the Ohio	28685
tuition trust authority within ninety days of the end of the	28686
fiscal year. The authority shall transmit a copy of the audited	28687
financial report to the governor, the president of the senate, the	28688
speaker of the house of representatives, and the minority leaders	28689
of the senate and the house of representatives. Copies of the	28690
audited financial report also shall be made available, upon	28691
request, to the persons entering into contracts with the authority	28692
and to prospective purchasers of tuition ~~credits~~units and	28693
prospective contributors to variable college savings program	28694
accounts.	28695

Sec. 3334.15. (A) The right of a person to a tuition ~~credit~~	28696
unit or a payment under section 3334.09 of the Revised Code	28697
pursuant to a tuition ~~credit~~payment contract, a scholarship	28698
program, or a variable college savings program account shall not	28699
be subject to execution, garnishment, attachment, the operation of	28700
bankruptcy or the insolvency laws, or other process of law.	28701

(B) The right of a person to a tuition ~~credit~~unit or a	28702
payment under section 3334.09 of the Revised Code pursuant to a	28703
tuition ~~credit~~payment contract, a scholarship program, or a	28704
variable college savings program account shall not be used as	28705
security or collateral for a loan.	28706

Sec. 3334.16. The general assembly hereby finds that the	28707
prepaid tuition program providing for the sale of tuition credits	28708
units by the Ohio tuition trust authority is an official state	28709
function, offered through an agency of this state, which agency	28710
receives state appropriations. Therefore, the authority is	28711
directed by the state of Ohio to assume it is exempt from federal	28712
tax liability.	28713

Sec. 3334.17. (A) The state, any political subdivision of	28714
the state, and any organization that is exempt from federal income	28715
taxation under section 501 (a) and described in section 501 (c)(3)	28716
of the Internal Revenue Code, including the Ohio tuition trust	28717
authority if this is authorized under federal tax law, may	28718
establish a scholarship program to award scholarships consisting	28719
of contributions made to any college savings program for students.	28720
Any scholarship program established under this section shall be	28721
registered with the authority. The authority shall be notified of	28722
the name and address of each scholarship beneficiary under the	28723
program, the amounts awarded, and the institution of higher	28724
education in which the beneficiary is enrolled. Scholarship	28725
beneficiaries shall be selected by the entity establishing the	28726
scholarship program, in accordance with criteria established by	28727
the entity.	28728

(B) Any person or governmental entity may purchase tuition	28729
~~credits~~units on behalf of a scholarship program that is or is to	28730
be established in accordance with division (A) of this section at	28731
the same price as is established for the purchase of ~~credits~~units	28732
for named beneficiaries pursuant to this chapter. Tuition ~~credits~~	28733
units shall have the same value to the beneficiary of a	28734
scholarship awarded pursuant to this section as they would have to	28735
any other beneficiary pursuant to division (B) of section 3334.09	28736
of the Revised Code.	28737

(C) The entity establishing and maintaining a scholarship	28738
program shall specify whether a scholarship beneficiary may	28739
receive a refund or payment for the amount awarded under the	28740
scholarship program directly from the authority, or whether the	28741
amount awarded shall be paid by the authority only to the	28742
institution of higher education in which the student is enrolled.	28743

(D) If a scholarship beneficiary does not use the amount	28744
awarded within a length of time specified under the scholarship	28745
program, the amount may be awarded to another beneficiary.	28746

Sec. 3334.18. (A) A variable college savings program	28747
established by the Ohio tuition trust authority shall include	28748
provisions for a contract to be entered into between a contributor	28749
and the authority that will authorize the contributor to open an	28750
account for a beneficiary and authorize the contributor to	28751
substitute a new beneficiary for one originally named in the	28752
contract, to the extent permitted by section 529 of the Internal	28753
Revenue Code.	28754

(B) The authority shall provide adequate safeguards to	28755
prevent total contributions to a variable college savings program	28756
account or purchases of tuition ~~credits~~units, either separately	28757
or combined, that are made on behalf of a beneficiary from	28758
exceeding the amount necessary to provide for the tuition and	28759
other higher education expenses of the beneficiary, consistent	28760
with the maximum contributions permitted by section 529 of the	28761
Internal Revenue Code. However, in no event shall contributions or	28762
purchases exceed the allowable limit for a qualified ~~state~~ tuition	28763
program under section 529 of the Internal Revenue Code.	28764

(C)(1) Participation in the variable college savings program	28765
does not guarantee that contributions and the investment return on	28766
contributions, if any, will be adequate to cover future tuition	28767
and other higher education expenses or that a beneficiary will be	28768
admitted to or permitted to continue to attend an institution of	28769
higher education.	28770

(2) Returns on contributors' investments in the variable	28771
college savings program are not guaranteed by the state and the	28772
contributors to the variable college savings program assume all	28773
investment risk, including the potential loss of principal and	28774
liability for penalties such as those levied for noneducational	28775
withdrawals.	28776

(3) The state shall have no debt or obligation to any	28777
contributor, beneficiary, or any other person as a result of the	28778
establishment of the program, and the state assumes no risk or	28779
liability for funds invested in the variable college savings	28780
program.	28781

(4) Informational materials about the variable college	28782
savings program prepared by the authority or its agents and	28783
provided to prospective contributors shall state clearly the	28784
information set forth in division (C) of this section.	28785

Sec. 3345.10. (A) As used in this section:

28786

~~(A)~~, "~~Institution~~state institution of higher education"	28787
~~means a state university, municipal university, state medical~~	28788
~~college, community college, technical college, or state community~~	28789
~~college~~has the same meaning as in section 3345.011 of the Revised	28790
Code.	28791

(B) Each state institution of higher education shall	28792
establish competitive bidding procedures for the purchase of	28793
printed material and shall award all ~~such~~ contracts for the	28794
purchase of printed material in accordance with ~~such~~those	28795
procedures. ~~Notwithstanding any other provision of law,~~The	28796
procedures shall require the institution to evaluate all bids	28797
received for all contracts for the purchase of printed material	28798
~~shall be let by an institution to vendors who have manufacturing~~	28799
~~facilities within this state, except as provided in division (C)~~	28800
~~of this section.~~	28801

~~(C) If the required printed products are not available from a~~	28802
~~vendor who has manufacturing facilities within this state, the~~	28803
~~institution shall be permitted to purchase from an out-of-state~~	28804
~~vendor.~~	28805

~~(D) No vendor with manufacturing facilities within this state~~	28806
~~who would execute the printing covered by the proposal shall be~~	28807
~~prohibited from submitting a proposal for consideration and any~~	28808
~~such proposal properly submitted shall be considered~~in accordance	28809
with the criteria and procedures established pursuant to divisions	28810
(C)(1) and (2) of section 125.09 of the Revised Code for	28811
determining whether bidders will produce the printed material at	28812
manufacturing facilities within this state or in accordance with	28813
the criteria and procedures established pursuant to division	28814
(C)(4) or (5) of that section for determining whether bidders are	28815
otherwise qualified.	28816

An institution shall select, in accordance with the	28817
procedures it establishes under this section, a bid from among	28818
bidders that fulfill the criteria specified in the applicable	28819
divisions of section 125.09 of the Revised Code where sufficient	28820
competition can be generated within this state to ensure that	28821
compliance with this requirement will not result in paying an	28822
excessive price or acquiring a disproportionately inferior	28823
product. If there are two or more bids from among those bidders,	28824
it shall be deemed that there is sufficient competition to prevent	28825
paying an excessive price or acquiring a disproportionately	28826
inferior product.	28827

Sec. 3345.32. (A) As used in this section:

28828

(1) "State university or college" means the institutions	28829
described in section 3345.27 of the Revised Code, the northeastern	28830
Ohio universities college of medicine, and the medical college of	28831
Ohio at Toledo.	28832

(2) "Resident" has the meaning specified by rule of the Ohio	28833
board of regents.	28834

(3) "Statement of selective service status" means a statement	28835
certifying one of the following:	28836

(a) That the individual filing the statement has registered	28837
with the selective service system in accordance with the "Military	28838
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as	28839
amended;	28840

(b) That the individual filing the statement is not required	28841
to register with the selective service for one of the following	28842
reasons:	28843

(i) The individual is under eighteen or over twenty-six years	28844
of age;	28845

(ii) The individual is on active duty with the armed forces	28846
of the United States other than for training in a reserve or	28847
national guard unit;	28848

(iii) The individual is a nonimmigrant alien lawfully in the	28849
United States in accordance with section 101 (a)(15) of the	28850
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended;	28851

(iv) The individual is not a citizen of the United States and	28852
is a permanent resident of the Trust Territory of the Pacific	28853
Islands or the Northern Mariana Islands.	28854

(4) "Institution of higher education" means any eligible	28855
institution approved by the United States department of education	28856
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as	28857
amended, or any institution whose students are eligible for	28858
financial assistance under any of the programs described by	28859
division (E) of this section.	28860

(B) The Ohio board of regents shall, by rule, specify the	28861
form of statements of selective service status to be filed in	28862
compliance with divisions (C) to (F) of this section. Each	28863
statement of selective service status shall contain a section	28864
wherein a male student born after December 31, 1959, certifies	28865
that the student has registered with the selective service system	28866
in accordance with the "Military Selective Service Act," 62 Stat.	28867
604, 50 U.S.C. App. 453, as amended. For those students not	28868
required to register with the selective service, as specified in	28869
divisions (A)(2)(b)(i) to (iv) of this section, a section shall be	28870
provided on the statement of selective service status for the	28871
certification of nonregistration and for an explanation of the	28872
reason for the exemption. The board of regents may require that	28873
such statements be accompanied by documentation specified by rule	28874
of the board.	28875

(C) A state university or college that enrolls in any course,	28876
class, or program a male student born after December 31, 1959, who	28877
has not filed a statement of selective service status with the	28878
university or college shall, regardless of the student's	28879
residency, charge the student any tuition surcharge charged	28880
students who are not residents of this state.	28881

(D) No male born after December 31, 1959, shall be eligible	28882
to receive any loan, grant, scholarship, or other financial	28883
assistance for educational expenses under section 3315.33,	28884
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03,	28885
5910.032, or 5919.34 of the Revised Code unless that person has	28886
filed a statement of selective service status with that person's	28887
institution of higher education.	28888

(E) If an institution of higher education receives a	28889
statement from an individual certifying that the individual has	28890
registered with the selective service system in accordance with	28891
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.	28892
453, as amended or that the individual is exempt from registration	28893
for a reason other than that the individual is under eighteen	28894
years of age, the institution shall not require the individual to	28895
file any further statements. If it receives a statement certifying	28896
that the individual is not required to register because the	28897
individual is under eighteen years of age, the institution shall	28898
require the individual to file a new statement of selective	28899
service status each time the individual seeks to enroll for a new	28900
academic term or makes application for a new loan or loan	28901
guarantee or for any form of financial assistance for educational	28902
expenses, until it receives a statement certifying that the	28903
individual has registered with the selective service system or is	28904
exempt from registration for a reason other than that the	28905
individual is under eighteen years of age.	28906

Sec. 3353.01. As used in ~~sections 3353.01 to 3353.05 of the~~	28907
~~Revised Code~~this chapter:	28908

(A) "Educational television or radio" means television or	28909
radio programs which serve the educational needs of the community	28910
and which meet the requirements of the federal communications	28911
commission for noncommercial educational television or radio.	28912

(B) ~~"Educational telecommunications network" means a system~~	28913
~~of connected educational television, radio, or radio reading~~	28914
~~service facilities and coordinated programs established and~~	28915
~~operated or controlled by the Ohio educational telecommunications~~	28916
~~network commission, pursuant to sections 3353.01 to 3353.04 of the~~	28917
~~Revised Code.~~	28918

~~(C)~~ "Transmission" means the sending out of television,	28919
radio, or radio reading service programs, either directly to the	28920
public, or to broadcasting stations or services for simultaneous	28921
broadcast or rebroadcast.	28922

~~(D) "Transmission facilities" means structures, equipment,~~	28923
~~material, and services used in the transmission of educational~~	28924
~~television, radio, or radio reading service programs.~~	28925

~~(E) "Interconnection facilities" means the equipment,~~	28926
~~material, and services used to link one location to another~~	28927
~~location or to several locations by means of telephone line,~~	28928
~~coaxial cable, microwave relays, or other available technologies.~~	28929

~~(F)~~(C) "Broadcasting station" means a properly licensed	28930
noncommercial educational television or radio station,	28931
appropriately staffed and equipped to produce programs or lessons	28932
and to broadcast programs.	28933

~~(G) "Production center" means a television, radio, or radio~~	28934
~~reading service production studio, staffed and equipped with~~	28935
~~equipment, material, and supplies necessary to produce a program~~	28936
~~or a lesson for broadcast or for recording on film, video tape, or~~	28937
~~audio tape.~~	28938

~~(H)~~(D) "Radio reading service" means a nonprofit organization	28939
that disseminates news and other information to blind and	28940
physically handicapped persons.	28941

Sec. 3353.06. (A) The affiliates services fund is hereby	28942
created in the state treasury. The agency designated by the	28943
governor to assume the functions of the Ohio educational	28944
telecommunications network commission shall deposit any money it	28945
receives to the credit of the fund, including:	28946

(1) Reimbursements for services provided to stations;

28947

(2) Charges levied for maintenance of telecommunications,	28948
broadcasting, or transmission equipment;	28949

(3) Contract or grant payments.

28950

(B) The ~~commission~~agency shall use money credited to the	28951
affiliates services fund for any ~~commission~~agency operating	28952
purposes, including:	28953

(1) The purchase, repair, or maintenance of	28954
telecommunications, broadcasting, or transmission equipment;	28955

(2) The purchase or lease of educational programming;

28956

(3) The purchase of tape and maintenance of a media library;

28957

(4) Professional development programs and services;

28958

(5) Administrative expenses and legal fees.

28959

Sec. 3353.07. (A) ~~As used in this section, "broadcasting~~	28960
~~station" has the same meaning as in section 3353.01 of the Revised~~	28961
~~Code.~~	28962

~~(B)~~ Ohio government telecommunications shall be funded	28963
through the agency designated by the governor to assume the	28964
functions of the Ohio educational telecommunications network	28965
commission and shall be managed by a broadcasting station under a	28966
contract. The contract shall not take effect until the program	28967
committee of Ohio government telecommunications approves the	28968
contract. The broadcasting station shall manage the staff of Ohio	28969
government telecommunications.	28970

~~(C)~~(B)(1) There is hereby created the program committee of	28971
Ohio government telecommunications that shall consist of the	28972
president of the senate, speaker of the house of representatives,	28973
minority leader of the senate, and minority leader of the house of	28974
representatives, or their designees. By a vote of a majority of	28975
its members, the program committee may add additional members to	28976
the committee.	28977

(2) The program committee shall adopt rules that govern the	28978
operation of Ohio government telecommunications and the coverage	28979
and distribution of official governmental activities by Ohio	28980
government telecommunications.	28981

Sec. 3365.01. As used in ~~sections 3365.01 to 3365.10 of the~~	28982
~~Revised Code~~this chapter:	28983

(A) "College" means any state-assisted college or university	28984
described in section 3333.041 of the Revised Code, any nonprofit	28985
institution holding a certificate of authorization pursuant to	28986
Chapter 1713. of the Revised Code, any private institution exempt	28987
from regulation under Chapter 3332. of the Revised Code as	28988
prescribed in section 3333.046 of the Revised Code, and any	28989
institution holding a certificate of registration from the state	28990
board of career colleges and schools and program authorization for	28991
an associate or bachelor's degree program issued under section	28992
3332.05 of the Revised Code.	28993

(B) "School district," except as specified in division (G) of	28994
this section, means any school district to which a student is	28995
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	28996
the Revised Code and does not include a joint vocational or	28997
cooperative education school district.	28998

(C) "Parent" has the same meaning as in section 3313.64 of	28999
the Revised Code.	29000

(D) "Participant" means a student enrolled in a college under	29001
the post-secondary enrollment options program established by this	29002
chapter.	29003

(E) "Secondary grade" means the ninth through twelfth grades.

29004

(F) "School foundation payments" means the amount required to	29005
be paid to a school district for a fiscal year under Chapter 3317.	29006
of the Revised Code.	29007

(G) "Tuition base" means, with respect to a participant's	29008
school district, the following:	29009

(1) In fiscal year 2006, the "tuition base" shall be the	29010
formula amount defined in ~~division (B) of~~ section 3317.02 of the	29011
Revised Code multiplied by the district's cost-of-doing-business	29012
factor defined in ~~division (N) of~~that section ~~3317.02 of the~~	29013
~~Revised Code. The~~;	29014

(2) In fiscal year 2007 and thereafter, the tuition base	29015
shall be the greater of the following:	29016

(a) The fiscal year 2006 formula amount defined in section	29017
3317.02 of the Revised Code multiplied by the district's fiscal	29018
year 2006 cost-of-doing-business factor as defined in that	29019
section;	29020

(b) The sum of the current formula amount defined in section	29021
3317.02 of the Revised Code plus the per pupil amount of the base	29022
funding supplements specified in divisions (B)(1) to (4) of	29023
section 3317.012 of the Revised Code.	29024

The participant's "school district" in the case of a	29025
participant enrolled in a community school shall be the school	29026
district in which the student is entitled to attend school under	29027
section 3313.64 or 3313.65 of the Revised Code.	29028

(H) "Educational program" means enrollment in one or more	29029
school districts, in a nonpublic school, or in a college under	29030
division (B) of section 3365.04 of the Revised Code.	29031

(I) "Nonpublic school" means a chartered or nonchartered	29032
school for which minimum standards are prescribed by the state	29033
board of education pursuant to division (D) of section 3301.07 of	29034
the Revised Code.	29035

(J) "School year" means the year beginning on the first day	29036
of July and ending on the thirtieth day of June.	29037

(K) "Community school" means any school established pursuant	29038
to Chapter 3314. of the Revised Code that includes secondary	29039
grades.	29040

(L) "Community school payments" means payments made by the	29041
department of education to a community school pursuant to division	29042
(D) of section 3314.08 of the Revised Code.	29043

Sec. 3365.02. There is hereby established the post-secondary	29044
enrollment options program under which a secondary grade student	29045
who is a resident of this state may enroll at a college, on a	29046
full- or part-time basis, and complete nonsectarian courses for	29047
high school and college credit. The purpose of the program is to	29048
provide enriched education opportunities to secondary grade	29049
students that are beyond the opportunities offered by the high	29050
school in which they are enrolled.	29051

Secondary grade students in a nonpublic school may	29052
participate in the post-secondary enrollment options program if	29053
the chief administrator of such school notifies the department of	29054
education by the first day of April prior to the school year in	29055
which the school's students will participate. Students in	29056
nonchartered nonpublic schools may participate only in the option	29057
prescribed in division (A) of section 3365.04 of the Revised Code.	29058

The state board of education, after consulting with the board	29059
of regents, shall adopt rules governing the program. The rules	29060
shall include:	29061

(A) Requirements for school districts, community schools, or	29062
participating nonpublic schools to provide information about the	29063
program prior to the first day of March of each year to all	29064
students enrolled in grades eight through eleven;	29065

(B) A requirement that a student or the student's parent	29066
inform the district board of education, the governing authority of	29067
a community school, or the nonpublic school administrator by the	29068
thirtieth day of March of the student's intent to participate in	29069
the program during the following school year. The rule shall	29070
provide that any student who fails to notify a district board, the	29071
governing authority of a community school, or the nonpublic school	29072
administrator by the required date may not participate in the	29073
program during the following school year without the written	29074
consent of the district superintendent, the governing authority of	29075
a community school, or the nonpublic school administrator.	29076

(C) Requirements that school districts and community schools	29077
provide counseling services to students in grades eight through	29078
eleven and to their parents before the students participate in the	29079
program under this chapter to ensure that students and parents are	29080
fully aware of the possible risks and consequences of	29081
participation. Counseling information shall include without	29082
limitation:	29083

(1) Program eligibility;

29084

(2) The process for granting academic credits;

29085

(3) Financial arrangements for tuition, books, materials, and	29086
fees;	29087

(4) Criteria for any transportation aid;

29088

(5) Available support services;

29089

(6) Scheduling;

29090

(7) The consequences of failing or not completing a course in	29091
which the student enrolls and the effect of the grade attained in	29092
the course being included in the student's grade point average, if	29093
applicable;	29094

(8) The effect of program participation on the student's	29095
ability to complete the district's, community school's, or	29096
nonpublic school's graduation requirements;	29097

(9) The academic and social responsibilities of students and	29098
parents under the program;	29099

(10) Information about and encouragement to use the	29100
counseling services of the college in which the student intends to	29101
enroll.	29102

(D) A requirement that the student and the student's parent	29103
sign a form, provided by the school district or school, stating	29104
that they have received the counseling required by division (C) of	29105
this section and that they understand the responsibilities they	29106
must assume in the program;	29107

(E) The options required by section 3365.04 of the Revised	29108
Code;	29109

(F) A requirement that a student may not enroll in any	29110
specific college course through the program if the student has	29111
taken high school courses in the same subject area as that college	29112
course and has failed to attain a cumulative grade point average	29113
of at least 3.0 on a 4.0 scale, or the equivalent, in such	29114
completed high school courses;	29115

(G) A provision prohibiting participation in the option	29116
prescribed under division (B) of section 3365.04 of the Revised	29117
Code to students enrolled in physical education college courses;	29118

(H) A requirement that a student or the student's parent will	29119
reimburse the state for the amount of state funds paid to a	29120
college for a course in which the student is enrolled under this	29121
chapter if the student does not attain a passing final grade in	29122
that course.	29123

Sec. 3365.021. The chief administrator of any nonpublic	29124
school notifying the department of education that students of the	29125
school will participate in the post-secondary enrollment options	29126
program shall provide counseling to students in grades eight	29127
through eleven and to their parents before the students	29128
participate in the program to ensure that students and parents are	29129
fully aware of the possible risks and consequences of	29130
participation. ~~Such~~The counseling shall include explaining the	29131
fact that funding may be limited ~~and~~, that not all students who	29132
wish to participate may be able to do so, and that participation	29133
by students enrolled in nonchartered nonpublic schools is limited	29134
to the option prescribed in division (A) of section 3365.04 of the	29135
Revised Code.	29136

Sec. 3365.04. The rules adopted under section 3365.02 of the	29137
Revised Code shall provide for students to enroll in courses under	29138
either of the following options:	29139

(A) The student may elect at the time of enrollment to	29140
~~receive only college credit for~~be responsible for payment of all	29141
tuition and the cost of all textbooks, materials, and fees	29142
associated with the course. The college shall notify the student	29143
about payment of tuition and fees in the customary manner followed	29144
by the college~~, and the student shall be responsible for payment~~	29145
~~of all tuition and the cost of all textbooks, materials, and fees~~	29146
~~associated with the course~~. IfA student electing this option also	29147
shall elect, at the time of enrollment, whether to receive only	29148
college credit or high school credit and college credit for the	29149
course.	29150

(1) The student may elect to receive only college credit for	29151
the course. Except as provided in section 3365.041 of the Revised	29152
Code, if the student successfully completes the course, the	29153
college shall award the student full credit for the course, but	29154
the board of education, community school governing authority, or	29155
nonpublic participating school shall not award the high school	29156
credit.	29157

(2) The student may elect to receive both high school credit	29158
and college credit for the course. Except as provided in section	29159
3365.041 of the Revised Code, if the student successfully	29160
completes the course, the college shall award the student full	29161
credit for the course and the board of education or nonpublic	29162
school, or community school governing authority shall award the	29163
student high school credit.	29164

(B) The student may elect at the time of enrollment for each	29165
course to ~~receive both~~have the college ~~credit and high school~~	29166
~~credit~~reimbursed under section 3365.07 of the Revised Code.	29167
Except as provided in section 3365.041 of the Revised Code, if the	29168
student successfully completes the course, the college shall award	29169
the student full credit for the course, the board of education or,	29170
nonpublic school , or community school governing authority shall	29171
award the student high school credit, and the college shall be	29172
reimbursed in accordance with section 3365.07 of the Revised Code.	29173

No student may participate in the option prescribed under	29174
division (B) of section 3365.04 of the Revised Code if the college	29175
course in which the student is enrolled is a physical education	29176
course, as determined by the superintendent of public instruction.	29177

The option prescribed in division (B) of this section is not	29178
available to students enrolled in nonchartered nonpublic schools.	29179

When determining a school district's formula ADM under	29180
section 3317.03 of the Revised Code, the time a participant is	29181
attending courses under division (A) of this section shall be	29182
considered as time the participant is not attending or enrolled in	29183
school anywhere, and the time a participant is attending courses	29184
under division (B) of this section shall be considered as time the	29185
participant is attending or enrolled in the district's schools.	29186

Sec. 3365.041. (A) When a school district superintendent or	29187
governing authority of a community school expels a student under	29188
division (B) of section 3313.66 of the Revised Code, the district	29189
superintendent or board shall send a written notice of the	29190
expulsion to any college in which the expelled student is enrolled	29191
under section 3365.03 of the Revised Code at the time the	29192
expulsion is imposed. The notice shall indicate the date the	29193
expulsion is scheduled to expire. The notice also shall indicate	29194
whether the district board of education or community school	29195
governing authority has adopted a policy under section 3313.613 of	29196
the Revised Code to deny high school credit for post-secondary	29197
courses taken during an expulsion. If the expulsion is extended	29198
under division (F) of section 3313.66 of the Revised Code, the	29199
district superintendent or governing authority shall notify the	29200
college of the extension.	29201

(B) A college may withdraw its acceptance under section	29202
3365.03 of the Revised Code of a student who is expelled from	29203
school under division (B) of section 3313.66 of the Revised Code.	29204
As provided in section 3365.03 of the Revised Code, regardless of	29205
whether the college withdraws its acceptance of the student for	29206
the college term in which the student is expelled, the student is	29207
ineligible to enroll in a college under that section for	29208
subsequent college terms during the period of the expulsion,	29209
unless the student enrolls in another school district or community	29210
school, or participating nonpublic school during that period.	29211

If a college withdraws its acceptance of an expelled student	29212
who elected ~~the~~either option of division (A)(1) or (2) of section	29213
3365.04 of the Revised Code, the college shall refund tuition and	29214
fees paid by the student in the same proportion that it refunds	29215
tuition and fees to students who voluntarily withdraw from the	29216
college at the same time in the term.	29217

If a college withdraws its acceptance of an expelled student	29218
who elected the option of division (B) of section 3365.04 of the	29219
Revised Code, the school district or community school shall not	29220
award high school credit for the college courses in which the	29221
student was enrolled at the time the college withdrew its	29222
acceptance, and any reimbursement under section 3365.07 of the	29223
Revised Code for the student's attendance prior to the withdrawal	29224
shall be the same as would be paid for a student who voluntarily	29225
withdrew from the college at the same time in the term. If the	29226
withdrawal results in the college's receiving no reimbursement,	29227
the college may require the student to return or pay for the	29228
textbooks and materials it provided the student free of charge	29229
under section 3365.08 of the Revised Code.	29230

(C) When a student who elected the option of division (B) of	29231
section 3365.04 of the Revised Code is expelled under division (B)	29232
of section 3313.66 of the Revised Code from a school district or	29233
community school that has adopted a policy under section 3313.613	29234
of the Revised Code, that election is automatically revoked for	29235
all college courses in which the student is enrolled during the	29236
college term in which the expulsion is imposed. Any reimbursement	29237
under section 3365.07 of the Revised Code for the student's	29238
attendance prior to the expulsion shall be the same as would be	29239
paid for a student who voluntarily withdrew from the college at	29240
the same time in the term. If the revocation results in the	29241
college's receiving no reimbursement, the college may require the	29242
student to return or pay for the textbooks and materials it	29243
provided the student free of charge under section 3365.08 of the	29244
Revised Code.	29245

No later than five days after receiving an expulsion notice	29246
from the superintendent of a district or the governing authority	29247
of a community school that has adopted a policy under section	29248
3313.613 of the Revised Code, the college shall send a written	29249
notice to the expelled student that the student's election of	29250
division (B) of section 3365.04 of the Revised Code is revoked. If	29251
the college elects not to withdraw its acceptance of the student,	29252
the student shall pay all applicable tuition and fees for the	29253
college courses and shall pay for the textbooks and materials that	29254
the college provided under section 3365.08 of the Revised Code.	29255

Sec. 3365.05. High school credit awarded for courses	29256
successfully completed under this chapter shall count toward the	29257
graduation requirements and subject area requirements of the	29258
school district, community school, or nonpublic school. If a	29259
course comparable to one a student completed at a college is	29260
offered by the district, community school, or nonpublic school,	29261
the board or school shall award comparable credit for the course	29262
completed at the college. If no comparable course is offered by	29263
the district, community school, or nonpublic school, the board or	29264
school shall grant an appropriate number of credits in a similar	29265
subject area to the student.	29266

If there is a dispute between a school district board or a	29267
community school governing authority and a student regarding high	29268
school credits granted for a course, the student may appeal the	29269
board's or governing authority's decision to the state board of	29270
education. The state board's decision regarding any high school	29271
credits granted under this ~~division~~section is final.	29272

Evidence of successful completion of each course and the high	29273
school credits awarded by the district, community school, or	29274
participating nonpublic school shall be included in the student's	29275
record. The record shall indicate that the credits were earned as	29276
a participant under this chapter and shall include the name of the	29277
college at which the credits were earned. The district board,	29278
community school governing authority, or nonpublic school shall	29279
determine whether and the manner in which the grade achieved in a	29280
course completed at a college under division (A)(2) or (B) of	29281
section 3365.04 of the Revised Code will be counted in any	29282
cumulative grade point average maintained for the student.	29283

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	29284
the Revised Code shall specify a method for each of the following:	29285

(1) Determining, with respect to any participant, the	29286
percentage of a full-time educational program constituted by the	29287
participant's total educational program. That percentage shall be	29288
the participant's full-time equivalency percentage for purposes of	29289
the computation required by division (B)(1) of this section.	29290

(2) In the case of a participant who is not enrolled in a	29291
participating nonpublic school, determining the percentage of a	29292
participant's school day during which the participant is	29293
participating in each of the following:	29294

(a) Programs provided by the city, local, or exempted village	29295
school district, or a community school;	29296

(b) Programs provided by a joint vocational school district;

29297

(c) Programs provided by a college under division (B) of	29298
section 3365.04 of the Revised Code.	29299

The sum of divisions (A)(2)(a) to (c) of this section shall equal	29300
one hundred per cent.	29301

(3) In the case of a participant who is not enrolled in a	29302
participating nonpublic school, determining the percentage of a	29303
participant's enrollment that shall be deemed to be enrollment in	29304
a joint vocational school district and the percentage that shall	29305
be deemed to be enrollment in a city, local, or exempted village	29306
school district. The sum of such percentages shall equal one	29307
hundred per cent.	29308

(4) In the case of a participant who is enrolled in a	29309
participating nonpublic school, determining the percentage of a	29310
participant's school day during which the participant is	29311
participating in programs provided by a college under division (B)	29312
of section 3365.04 of the Revised Code.	29313

(B) Each July, the department of education shall pay each	29314
college for any participant enrolled in the college in the prior	29315
school year under division (B) of section 3365.04 of the Revised	29316
Code an amount computed as follows:	29317

(1) Multiply the tuition base by the participant's full-time	29318
equivalency percentage and multiply the resulting amount by a	29319
percentage equal to the percentage of the participant's school day	29320
apportioned to the college under division (A)(2)(c) or (4) of this	29321
section, as applicable.	29322

(2) Pay the college the lesser of:

29323

(a) The amount computed under division (B)(1) of this	29324
section;	29325

(b) The actual costs that would have been the responsibility	29326
of the participant had the participant elected to enroll under	29327
division (A) of section 3365.04 of the Revised Code, as verified	29328
by the department, of tuition, textbooks, materials, and fees	29329
directly related to any courses elected by the participant during	29330
the prior school year under division (B) of section 3365.04 of the	29331
Revised Code.	29332

(C) The department shall not reimburse any college for any	29333
course taken by a participant under division (A) of section	29334
3365.04 of the Revised Code.	29335

(D) If the participant was not enrolled in a participating	29336
nonpublic school, the amount paid under division (B) of this	29337
section for each participant shall be subtracted from the school	29338
foundation payments made to the participant's school district or,	29339
if the participant was enrolled in a community school, from the	29340
community school payments made to the participant's school under	29341
section 3314.08 of the Revised Code. If the participant was	29342
enrolled in a joint vocational school district, a portion of the	29343
amount shall be subtracted from the payments to the joint	29344
vocational school district and a portion shall be subtracted from	29345
the payments to the participant's city, local, or exempted village	29346
school district. The amount of the payment subtracted from the	29347
city, local, or exempted village school district shall be computed	29348
as follows:	29349

(1) Add the following:

29350

(a) The percentage of the participant's enrollment in the	29351
school district, determined under division (A)(3) of this section;	29352
and	29353

(b) Twenty-five per cent times the percentage of the	29354
participant's enrollment in the joint vocational school district,	29355
determined under division (A)(3) of this section.	29356

(2) Multiply the sum obtained under division (D)(1) of this	29357
section by the amount computed under division (B)(2) of this	29358
section.	29359

The balance of the payment shall be subtracted from the joint	29360
vocational district's school foundation payments.	29361

(E) If the participant was enrolled in a participating	29362
chartered nonpublic school, the amount paid under division (B) of	29363
this section shall be subtracted from moneys set aside by the	29364
general assembly for such purpose from funds appropriated for the	29365
purposes of section 3317.06 of the Revised Code.	29366

(F) No payment of state funds shall be made under this	29367
chapter for either of the following:	29368

(1) Any student enrolled in a nonchartered nonpublic school;

29369

(2) Any college course that is a physical education course,	29370
as determined by the superintendent of public instruction.	29371

Sec. 3365.08. (A) A college that expects to receive or	29372
receives reimbursement under section 3365.07 of the Revised Code	29373
shall furnish to a participant all textbooks and materials	29374
directly related to a course taken by the participant under	29375
division (B) of section 3365.04 of the Revised Code. No college	29376
shall charge such participant for tuition, textbooks, materials,	29377
or other fees directly related to any such course.	29378

(B) No student enrolled under this chapter in a course for	29379
which credit toward high school graduation is awarded shall	29380
receive direct financial aid through any state or federal program.	29381

(C) If a school district provides transportation for resident	29382
school students in grades eleven and twelve under section 3327.01	29383
of the Revised Code, a parent of a pupil enrolled in a course	29384
under division (A)(2) or (B) of section 3365.04 of the Revised	29385
Code may apply to the board of education for full or partial	29386
reimbursement for the necessary costs of transporting the student	29387
between the secondary school the student attends and the college	29388
in which the student is enrolled. Reimbursement may be paid solely	29389
from funds received by the district under division (D) of section	29390
3317.022 of the Revised Code. The state board of education shall	29391
establish guidelines, based on financial need, under which a	29392
district may provide such reimbursement.	29393

(D) If a community school provides or arranges transportation	29394
for its pupils in grades nine through twelve under section	29395
3314.091 of the Revised Code, a parent of a pupil of the community	29396
school who is enrolled in a course under division (A)(2) or (B) of	29397
section 3365.04 of the Revised Code may apply to the governing	29398
authority of the community school for full or partial	29399
reimbursement of the necessary costs of transporting the student	29400
between the community school and the college. The governing	29401
authority may pay the reimbursement in accordance with the state	29402
board's rules adopted under division (C) of this section solely	29403
from funds paid to it under section 3314.091 of the Revised Code.	29404

Sec. 3365.10. As used in this section, the "base amount" for	29405
any school year is ~~one million dollars~~the amount set aside by an	29406
appropriations act in accordance with division (E) of section	29407
3365.07 of the Revised Code. "Full-time equivalency percentage"	29408
and "percentage of the school day" enrolled in college shall be	29409
determined under the rules described by divisions (A)(1) and (4)	29410
of section 3365.07 of the Revised Code.	29411

This section applies only to students enrolled in chartered	29412
nonpublic schools.	29413

(A) Each chartered nonpublic school student who wishes to	29414
become a participant in any school year shall send to the	29415
department of education a copy of ~~his~~the student's acceptance	29416
from a college and an application. The application shall be made	29417
on forms provided by the state board and shall include information	29418
about the student's proposed participation, including the school	29419
year in which hethe student wishes to participate; the semesters	29420
or terms the student wishes to enroll during such year; the	29421
student's expected full-time equivalency percentage for each such	29422
semester or term; and the percentage of the school day each such	29423
semester or term that the student expects to be enrolled in	29424
programs provided by a college under division (B) of section	29425
3365.04 of the Revised Code. The department shall mark each	29426
application with the date and time of receipt.	29427

(B) Calculations involving applications under this division	29428
shall be made in the order in which the applications are received.	29429

Upon receipt of an application under division (A) of this	29430
section, the department shall calculate the amount the college	29431
would be paid under division (B) of section 3365.07 of the Revised	29432
Code for the student's expected participation. The department	29433
shall subtract each such calculated amount from the base amount	29434
for that year, or the amount remaining for that year after the	29435
subtraction from the base amount of amounts previously calculated	29436
under this division as a result of prior applications for	29437
participation in that year, whichever is the lesser amount.	29438

(C) If such a subtraction under division (B) of this section	29439
results in a positive number, the department shall notify the	29440
applicant within three weeks of the receipt of ~~his~~the application	29441
that hesuch applicant may participate in the post-secondary	29442
enrollment options program to the extent indicated in the	29443
application.	29444

(D) If such a subtraction under division (B) of this section	29445
results in a negative number, the department shall, within one	29446
week of the receipt of such application, notify the applicant, the	29447
applicant's chartered nonpublic school, and the college accepting	29448
the applicant that funds will not be available for the applicant's	29449
participation in the program during the year for which the	29450
application was made. The department shall also notify all	29451
applicants whose applications for that year are subsequently	29452
received, their chartered nonpublic schools, and the colleges	29453
accepting them of the same fact.	29454

(E) No applicant receiving notification under division (D) of	29455
this section may become a participant under division (B) of	29456
section 3365.04 of the Revised Code for the year for which hethe	29457
applicant applied and no college shall be paid under division (B)	29458
of section 3365.07 of the Revised Code for participation by any	29459
such applicant in such year.	29460

Sec. 3365.11. If the superintendent of the school district	29461
or the chief administrator of the community school or nonpublic	29462
school in which the student is enrolled notifies the	29463
superintendent of public instruction that the student has not	29464
attained a passing final grade in a college course in which the	29465
student is enrolled under this chapter, the superintendent of	29466
public instruction shall initiate proceedings to seek	29467
reimbursement from the student or the student's parent for the	29468
amount of state funds calculated for payment to the college on	29469
behalf of the student for enrollment in that college course. In	29470
seeking reimbursement, the superintendent of public instruction	29471
may request that the attorney general bring a civil cause of	29472
action in the court of common pleas of the county in which the	29473
school district, community school, or nonpublic school is located,	29474
if the superintendent of public instruction determines it	29475
appropriate to bring such an action.	29476

Upon the collection of any funds from a student or student's	29477
parent under this section, the superintendent of public	29478
instruction shall credit the amount collected to the school	29479
district or community school from which an amount was deducted	29480
under division (D) of section 3365.07 of the Revised Code for the	29481
course or, if the student is enrolled in a nonpublic school, to	29482
the general revenue fund.	29483

Sec. 3375.40. Each board of library trustees appointed	29484
pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,	29485
or 3375.30 of the Revised Code may do the following:	29486

(A) Hold title to and have the custody of all real and	29487
personal property of the free public library under its	29488
jurisdiction;	29489

(B) Expend for library purposes, and in the exercise of the	29490
power enumerated in this section, all moneys, whether derived from	29491
the county library and local government support fund or otherwise,	29492
credited to the free public library under its jurisdiction and	29493
generally do all things it considers necessary for the	29494
establishment, maintenance, and improvement of the free public	29495
library under its jurisdiction;	29496

(C) Purchase, lease, construct, remodel, renovate, or	29497
otherwise improve, equip, and furnish buildings or parts of	29498
buildings and other real property, and purchase, lease, or	29499
otherwise acquire motor vehicles and other personal property,	29500
necessary for the proper maintenance and operation of the free	29501
public library under its jurisdiction, and pay their costs in	29502
installments or otherwise. Financing of these costs may be	29503
provided through the issuance of notes, through an installment	29504
sale, or through a lease-purchase agreement. Any such notes shall	29505
be issued pursuant to section 3375.404 of the Revised Code.	29506

(D) Purchase, lease, lease with an option to purchase, or	29507
erect buildings or parts of buildings to be used as main	29508
libraries, branch libraries, or library stations pursuant to	29509
section 3375.41 of the Revised Code;	29510

(E) Establish and maintain a main library, branches, library	29511
stations, and traveling library service within the territorial	29512
boundaries of the political subdivision or district over which it	29513
has jurisdiction of free public library service;	29514

(F) Except as otherwise provided in this division, establish	29515
and maintain branches, library stations, and traveling library	29516
service in any school district, outside the territorial boundaries	29517
of the political subdivision or district over which it has	29518
jurisdiction of free public library service, upon application to	29519
and approval of the state library board, pursuant to section	29520
3375.05 of the Revised Code. The board of library trustees of any	29521
free public library maintaining branches, stations, or traveling	29522
library service, outside the territorial boundaries of the	29523
political subdivision or district over which it has jurisdiction	29524
of free public library service, on September 4, 1947, may continue	29525
to maintain and operate those branches, those stations, and that	29526
traveling library service without the approval of the state	29527
library board.	29528

(G) Appoint and fix the compensation of all of the employees	29529
of the free public library under its jurisdiction, pay the	29530
reasonable cost of tuition for any of its employees who enroll in	29531
a course of study the board considers essential to the duties of	29532
the employee or to the improvement of the employee's performance,	29533
and reimburse applicants for employment for any reasonable	29534
expenses they incur by appearing for a personal interview;	29535

(H) Make and publish rules for the proper operation and	29536
management of the free public library and facilities under its	29537
jurisdiction, including rules pertaining to the provision of	29538
library services to individuals, corporations, or institutions	29539
that are not inhabitants of the county;	29540

(I) Assess uniform fees for the provision of services to	29541
patrons of the library, but no fee shall be assessed for the	29542
circulation of printed materials held by the library except for	29543
the assessment of fines for materials not returned in accordance	29544
with the board's rules;	29545

(J) Establish and maintain a museum in connection with and as	29546
an adjunct to the free public library under its jurisdiction;	29547

~~(J)~~(K) By the adoption of a resolution, accept any bequest,	29548
gift, or endowment upon the conditions connected with the bequest,	29549
gift, or endowment. No such bequest, gift, or endowment shall be	29550
accepted by the board if its conditions remove any portion of the	29551
free public library under the board's jurisdiction from the	29552
control of the board or if the conditions, in any manner, limit	29553
the free use of the library or any part of it by the residents of	29554
the counties in which the library is located.	29555

~~(K)~~(L) At the end of any fiscal year, by a two-thirds vote of	29556
its full membership, set aside any unencumbered surplus remaining	29557
in the general fund of the free public library under its	29558
jurisdiction for any purpose, including creating or increasing a	29559
special building and repair fund, or for operating the library or	29560
acquiring equipment and supplies;	29561

~~(L)~~(M) Procure and pay all or part of the cost of group term	29562
life, hospitalization, surgical, major medical, disability	29563
benefit, dental care, eye care, hearing aids, or prescription drug	29564
insurance or coverage, or a combination of any of those types of	29565
insurance or coverage, whether issued by an insurance company or a	29566
health insuring corporation duly licensed by the state, covering	29567
its employees, and, in the case of group term life,	29568
hospitalization, surgical, major medical, dental care, eye care,	29569
hearing aids, or prescription drug insurance or coverage, also	29570
covering the dependents and spouses of its employees, and, in the	29571
case of disability benefits, also covering the spouses of its	29572
employees.	29573

~~(M)~~(N) Pay reasonable dues and expenses for the free public	29574
library and library trustees in library associations.	29575

Any instrument by which real property is acquired pursuant to	29576
this section shall identify the agency of the state that has the	29577
use and benefit of the real property as specified in section	29578
5301.012 of the Revised Code.	29579

~~Section~~Sec. 3375.48.~~The judges of the court of common pleas~~	29580
~~of any county in which there is a~~A law library association ~~which~~	29581
~~furnishes~~that receives fines and penalties, and moneys arising	29582
from forfeited bail, under sections 3375.50 to 3375.53 of the	29583
Revised Code shall furnish to all of the members of the ~~Ohio~~	29584
general assembly, the ~~county~~ officers of the county in which the	29585
association is located, and the judges of the ~~several~~ courts in	29586
~~the~~that county admission to ~~its~~the associations's law library	29587
and the use of its books, materials, and equipment free of charge,	29588
~~upon the appointment by the~~. The association's board of trustees	29589
~~of such association of~~may appoint a person to act as librarian	29590
~~thereof, or of a person to act as librarian~~ and ~~not more than two~~	29591
additional persons to act as assistant ~~law~~ librarians ~~thereof,~~of	29592
the law library. The board shall ~~fix~~be responsible for fixing and	29593
paying the compensation of ~~such~~those persons, ~~which shall be paid~~	29594
~~from the county treasury~~subject to section 3375.49 of the Revised	29595
Code.	29596

Sec. 3375.49. ~~For~~(A) Subject to divisions (B) and (C) of	29597
this section, for the use of the law library referred to in	29598
section 3375.48 of the Revised Code, the board of county	29599
commissioners shall provide~~, at the expense of the county,~~	29600
~~suitable rooms with sufficient and suitable bookcases~~space in the	29601
county courthouse or~~, if there are no suitable rooms in the~~	29602
~~courthouse, any other suitable rooms at~~in any other building	29603
located in the county seat ~~with sufficient~~, and ~~suitable bookcases~~	29604
utilities for that space. ~~The~~	29605

(B)(1) Subject to division (C) of this section, through	29606
calendar year 2006, the board of county commissioners shall be	29607
responsible for paying the compensation of the librarian and up to	29608
two assistant librarians of the law library appointed by the board	29609
of trustees of the law library association under section 3375.48	29610
of the Revised Code and the costs of the space in the county	29611
courthouse or other building that the board provides for the use	29612
of the law library under division (A) of this section, the	29613
utilities for that space, and furniture and fixtures for the law	29614
library.	29615

(2) In calendar years 2007 through 2010, the board of county	29616
commissioners and the board of trustees shall be responsible for	29617
paying the compensation of the librarian and up to two assistant	29618
librarians appointed under section 3375.48 of the Revised Code and	29619
the costs of the space in the county courthouse or other building	29620
that the board of county commissioners provides for the use of the	29621
law library under division (A) of this section, the utilities for	29622
that space, and furniture and fixtures for the law library as	29623
follows:	29624

(a) In calendar year 2007, the board of county commissioners	29625
shall pay eighty per cent, and the board of trustees shall pay	29626
twenty per cent.	29627

(b) In calendar year 2008, the board of county commissioners	29628
shall pay sixty per cent, and the board of trustees shall pay	29629
forty per cent.	29630

(c) In calendar year 2009, the board of county commissioners	29631
shall pay forty per cent, and the board of trustees shall pay	29632
sixty per cent.	29633

(d) In calendar year 2010, the board of county commissioners	29634
shall pay twenty per cent, and the board of trustees shall pay	29635
eighty per cent.	29636

(3) Beginning in calendar year 2011 and thereafter, the board	29637
of trustees shall be responsible for paying the compensation of	29638
the librarian and all assistant librarians appointed under section	29639
3375.48 of the Revised Code as well as the costs of the space in	29640
the county courthouse or other building that the board of county	29641
commissioners provides for the use of the law library under	29642
division (A) of this section, the utilities for that space, and	29643
the law library's furniture and fixtures.	29644

(C) If the board of trustees of a law library association	29645
referred to in section 3375.48 of the Revised Code rents, leases,	29646
lease-purchases, or otherwise acquires space for the use of the	29647
law library, or constructs, enlarges, renovates, or otherwise	29648
modifies buildings or other structures to provide space for the	29649
use of the law library, the board of county commissioners of the	29650
county in which the association is located has no further	29651
obligation under division (A) of this section to provide space in	29652
the county courthouse or any other building located in the county	29653
seat for the use of the law library and utilities for that space,	29654
and has no further obligation under division (B) of this section	29655
to make payments for the compensation of the librarian and up to	29656
two assistant librarians of the law library appointed under	29657
section 3375.48 of the Revised Code and for the costs of space in	29658
the county courthouse or an other building for the use of the law	29659
library, the utilities for that space, and the law library's	29660
furniture and fixtures.	29661

(D) The librarian ~~or person in charge~~ of the law library	29662
shall receive and safely keep in ~~these rooms~~the law library the	29663
law reports and other books furnished by the state for use of the	29664
court and bar. ~~The board of county commissioners shall heat and~~	29665
~~light any such rooms. The~~	29666

(E) The books, computer communications console that is a	29667
means of access to a system of computerized legal research,	29668
microform materials and equipment, videotape materials and	29669
equipment, audio or visual materials and equipment, other	29670
materials and equipment utilized in conducting legal research, ~~and~~	29671
furniture, and fixtures of the law library association that are	29672
owned by, and used exclusively in, the law library are exempt from	29673
taxation.	29674

Sec. 3375.54. The money that is paid to the board of	29675
trustees of a law library association under sections 3375.50 to	29676
3375.53 of the Revised Code shall be expended in the support and	29677
operation of the law library association ~~and~~; in the purchase,	29678
lease, or rental of lawbooks, a computer communications console	29679
that is a means of access to a system of computerized legal	29680
research, microform materials and equipment, videotape materials	29681
and equipment, audio or visual materials and equipment, ~~and~~ other	29682
~~services,~~ materials, and equipment ~~that provide legal information~~	29683
~~or facilitate~~utilized in conducting legal research, furniture,	29684
and fixtures used in the association's law library; and to pay the	29685
compensation of any librarian and assistant librarians of the law	29686
library appointed under section 3375.48 of the Revised Code.	29687

Sec. 3375.55. ~~Judges of the county court in the county and~~	29688
~~officers~~Officers of the townships and municipal corporations	29689
~~therein~~in a county in which a law library association that	29690
receives fines and penalties, and moneys arising from forfeited	29691
bail, under sections 3375.50 to 3375.53 of the Revised Code is	29692
located shall have the same free use of the books, materials, and	29693
equipment of the association's law library ~~receiving moneys under~~	29694
~~sections 3375.50 to 3375.53, inclusive, of the Revised Code,~~ as	29695
general assembly members and the judges and county officers	29696
mentioned in section 3375.48 of the Revised Code.	29697

Sec. 3377.03. The Ohio higher educational facility	29698
commission shall be comprised of nine members, one of whom shall	29699
be the chancellor of the Ohio board of regents or ~~his~~the	29700
chancellor's designee. The remaining members shall be appointed by	29701
the governor with the advice and consent of the senate. ~~Of the~~	29702
~~members first appointed, one shall serve for a term ending on the~~	29703
~~first Monday in January, 1970; one for a term ending on the first~~	29704
~~Monday in January, 1971; one for a term ending on the first Monday~~	29705
~~in January, 1972; one for a term ending on the first Monday in~~	29706
~~January, 1973; one for a term ending on the first Monday in~~	29707
~~January, 1974; one for a term ending on the first Monday in~~	29708
~~January, 1975; one for a term ending on the first Monday in~~	29709
~~January, 1976; and one for a term ending on the first Monday in~~	29710
~~January, 1977.~~ Each ~~succeeding~~ term of office shall be for eight	29711
years, commencing on the second day of January and ending on the	29712
first day of January~~, except that upon expiration of the term~~	29713
~~ending January 7, 1974, the new term which succeeds it shall~~	29714
~~commence on January 8, 1974, and end on January 1, 1982; upon~~	29715
~~expiration of the term ending January 6, 1975, the new term which~~	29716
~~succeeds it shall commence on January 7, 1975, and end on January~~	29717
~~1, 1983; upon expiration of the term ending January 5, 1976, the~~	29718
~~new term which succeeds it shall commence on January 6, 1976, and~~	29719
~~end on January 1, 1984; upon expiration of the term ending January~~	29720
~~3, 1977, the new term which succeeds it shall commence on January~~	29721
~~4, 1977, and end on January 1, 1985; upon expiration of the term~~	29722
~~ending January 5, 1978, the new term which succeeds it shall~~	29723
~~commence on January 6, 1978, and end on January 1, 1986; upon~~	29724
~~expiration of the term ending January 4, 1979, the new term which~~	29725
~~succeeds it shall commence on January 5, 1979, and end on January~~	29726
~~1, 1987; and upon expiration of the term ending January 3, 1980,~~	29727
~~the new term which succeeds it shall commence on January 4, 1980,~~	29728
~~and end on January 1, 1988~~. Each member shall hold office from the	29729
date of ~~his~~ appointment until the end of the term for which ~~he was~~	29730
appointed. Vacancies shall be filled by gubernatorial appointment.	29731
Any member appointed to fill a vacancy occurring prior to the	29732
expiration of the term for which ~~his~~the member's predecessor was	29733
appointed shall hold office for the remainder of such term. Any	29734
member shall continue in office subsequent to the expiration date	29735
of ~~his~~the member's term until ~~his~~the member's successor takes	29736
office, or until a period of sixty days has elapsed, whichever	29737
occurs first.	29738

The governor shall designate the ~~chairman~~chairperson of the	29739
commission. The commission shall elect from its own members each	29740
year, a ~~vice-chairman~~vice-chairperson and such other officers as	29741
it deems necessary. Members of the commission shall receive no	29742
compensation for their services but shall be reimbursed for their	29743
necessary and actual expenses actually incurred in the conduct of	29744
the commission's business.	29745

The commission shall provide for the holding of regular and	29746
special meetings. A majority of the commissioners shall constitute	29747
a quorum for the transaction of any business and the approval of a	29748
majority of the members is necessary to undertake any act of the	29749
commission. The meetings are subject to section 121.22 of the	29750
Revised Code, except that one or more members may be present at a	29751
meeting by interactive video teleconference or teleconference if	29752
public attendance is allowed at the meeting's location. In that	29753
case, members present at a meeting by interactive video	29754
teleconference or teleconference may be considered present for	29755
determining whether a quorum exists and may vote, notwithstanding	29756
the requirement of division (C) of that section that members be	29757
present in person for those purposes.	29758

The commission shall adopt rules for the conduct of business,	29759
may appoint such officers and employees as necessary, and may fix	29760
their compensation and prescribe their duties. All expenses	29761
incurred in carrying out Chapter 3377. of the Revised Code are	29762
payable solely from funds of the commission available therefor,	29763
and no liability or obligation shall be incurred by the commission	29764
beyond the extent to which such funds are available.	29765

Within ninety days after the close of each fiscal year, the	29766
commission shall make a report of its activities for the preceding	29767
fiscal year to the governor. Such report shall be filed with the	29768
clerk of each house of the general assembly.	29769

Sec. 3383.02. (A) There is hereby created the Ohio cultural	29770
facilities commission. The commission shall engage in and provide	29771
for the development, performance, and presentation or making	29772
available of culture and professional sports and athletics to the	29773
public in this state, and the provision of training or education	29774
in culture, by the exercise of its powers under this chapter,	29775
including the provision, operation, management, and cooperative	29776
use of Ohio cultural facilities and Ohio sports facilities. The	29777
commission is a body corporate and politic, an agency of state	29778
government and an instrumentality of the state, performing	29779
essential governmental functions of this state. The carrying out	29780
of the purposes and the exercise by the commission of its powers	29781
conferred by this chapter are essential public functions and	29782
public purposes of the state and of state government. The	29783
commission may, in its own name, sue and be sued, enter into	29784
contracts, and perform all the powers and duties given to it by	29785
this chapter; however, it does not have and shall not exercise the	29786
power of eminent domain.	29787

(B) The commission shall consist of ~~ten~~twelve members, ~~seven~~	29788
nine of whom shall be voting members and three of whom shall be	29789
nonvoting members. The ~~seven~~nine voting members shall be	29790
appointed by the governor, with the advice and consent of the	29791
senate, from different geographical regions of the state. In	29792
addition, one of the voting members shall represent the state	29793
architect. Not more than ~~four~~five of the members appointed by the	29794
governor shall be affiliated with the same political party. The	29795
nonvoting members shall be the staff director of the Ohio arts	29796
council, a member of the senate appointed by the president of the	29797
senate, and a member of the house of representatives appointed by	29798
the speaker of the house.	29799

(C) Of the five initial appointments made by the governor,	29800
one shall be for a term expiring December 31, 1989, two shall be	29801
for terms expiring December 31, 1990, and two shall be for terms	29802
expiring December 31, 1991. Of the initial appointments of the	29803
sixth and seventh voting members made by the governor, one shall	29804
be for a term expiring December 31, 2003, and one shall be for a	29805
term expiring December 31, 2004. Of the initial appointments of	29806
the eighth and ninth voting members made by the governor, one	29807
shall be for a term expiring December 31, 2007, and one shall be	29808
for a term expiring December 31, 2008. These voting members shall	29809
be appointed within sixty days after the effective date of this	29810
amendment. Thereafter, each such term shall be for three years,	29811
commencing on the first day of January and ending on the	29812
thirty-first day of December. Each appointment by the president of	29813
the senate and by the speaker of the house of representatives	29814
shall be for the balance of the then legislative biennium. Each	29815
member shall hold office from the date of the member's appointment	29816
until the end of the term for which the member was appointed. Any	29817
member appointed to fill a vacancy occurring prior to the	29818
expiration of the term for which the member's predecessor was	29819
appointed shall hold office for the remainder of such term. Any	29820
member shall continue in office subsequent to the expiration date	29821
of the member's term until the member's successor takes office, or	29822
until a period of sixty days has elapsed, whichever occurs first.	29823

(D) Members of the commission shall serve without	29824
compensation.	29825

(E) Organizational meetings of the commission shall be held	29826
at the first meeting of each calendar year. At each organizational	29827
meeting, the commission shall elect from among its voting members	29828
a chairperson, a vice-chairperson, and a secretary-treasurer, who	29829
shall serve until the next annual meeting. The commission shall	29830
adopt rules pursuant to section 111.15 of the Revised Code for the	29831
conduct of its internal business and shall keep a journal of its	29832
proceedings.	29833

(F) ~~Four~~Five voting members of the commission constitute a	29834
quorum, and the affirmative vote of ~~four~~five members is necessary	29835
for approval of any action taken by the commission. A vacancy in	29836
the membership of the commission does not impair a quorum from	29837
exercising all the rights and performing all the duties of the	29838
commission. Meetings of the commission may be held anywhere in the	29839
state, and shall be held in compliance with section 121.22 of the	29840
Revised Code.	29841

(G) All expenses incurred in carrying out this chapter are	29842
payable solely from money accrued under this chapter or	29843
appropriated for these purposes by the general assembly, and the	29844
commission shall incur no liability or obligation beyond such	29845
money.	29846

(H) The commission shall file an annual report of its	29847
activities and finances with the governor, director of budget and	29848
management, speaker of the house of representatives, president of	29849
the senate, and chairpersons of the house and senate finance	29850
committees.	29851

(I) There is hereby established in the state treasury the	29852
Ohio cultural facilities commission administration fund. All	29853
revenues of the commission shall be credited to that fund and to	29854
any accounts created in ~~the~~that fund with the commission's	29855
approval. All expenses of the commission, including reimbursement	29856
of, or payment to, any other fund or any governmental agency for	29857
advances made or services rendered to or on behalf of the	29858
commission, shall be paid from ~~the Ohio cultural facilities~~	29859
~~commission administration~~that fund as determined by or pursuant	29860
to directions of the commission. All investment earnings of ~~the~~	29861
~~administration~~that fund shall be credited to ~~the fund~~it and	29862
shall be allocated among any accounts created in the fund in the	29863
manner determined by the commission.	29864

(J) Title to all real property and lesser interests in real	29865
property acquired by the commission, including leasehold and other	29866
interests, pursuant to this chapter shall be taken in the name of	29867
the state and shall be held for the use and benefit of the	29868
commission. The commission shall not mortgage such real property	29869
and interests in real property. Title to other property and	29870
interests in it acquired by the commission pursuant to this	29871
chapter shall be taken in its name.	29872

Sec. 3501.141. (A) The board of elections of any county may	29873
contract, purchase, or otherwise procure and pay all or any part	29874
of the cost of group insurance policies that may provide benefits	29875
for hospitalization, surgical care, major medical care,	29876
disability, dental care, eye care, medical care, hearing aids, or	29877
prescription drugs, and that may provide sickness and accident	29878
insurance, or group life insurance, or a combination of any of the	29879
foregoing types of insurance or coverage for the full-time	29880
employees of such board and their immediate dependents, whether	29881
issued by an insurance company or a health insuring corporation,	29882
duly authorized to do business in this state. The authority	29883
granted under this division applies only when the board of county	29884
commissioners, by resolution, denies coverage described in this	29885
division to full-time employees of the board of elections.	29886

(B) The board of elections of any county, with the approval	29887
of the board of county commissioners, may procure and pay all or	29888
any part of the cost of group hospitalization, surgical, major	29889
medical, or sickness and accident insurance or a combination of	29890
any of the foregoing types of insurance or coverage for the	29891
members appointed to the board of elections under section 3501.06	29892
of the Revised Code and their immediate dependents when each	29893
member's term begins, whether issued by an insurance company or a	29894
health insuring corporation, duly authorized to do business in	29895
this state.	29896

Sec. 3501.17. (A) The expenses of the board of elections	29897
shall be paid from the county treasury, in pursuance of	29898
appropriations by the board of county commissioners, in the same	29899
manner as other county expenses are paid. ~~If the board of county~~	29900
~~commissioners fails to appropriate an amount sufficient to provide~~	29901
~~for the necessary and proper expenses of the board of elections,~~	29902
~~such board may apply to the court of common pleas within the~~	29903
~~county, which shall fix the amount necessary to be appropriated~~	29904
~~and such amount shall be appropriated.~~ Payments shall be made upon	29905
vouchers of the board of elections certified to by its chairperson	29906
or acting chairperson and the director or deputy director, upon	29907
warrants of the county auditor. The board of elections shall not	29908
incur any obligation involving the expenditure of money unless	29909
there are moneys sufficient in the funds appropriated therefor to	29910
meet such obligations pursuant to division (D) of section 5705.41	29911
of the Revised Code, and the board may transfer funds only as	29912
provided under sections 5705.14 to 5705.16 of the Revised Code.	29913
Such expenses shall be apportioned among the county and the	29914
various subdivisions as provided in this section, and the amount	29915
chargeable to each subdivision shall be withheld by the auditor	29916
from the moneys payable thereto at the time of the next tax	29917
settlement. At the time of submitting budget estimates in each	29918
year, the board of elections shall submit to the taxing authority	29919
of each subdivision, upon the request of the subdivision, an	29920
estimate of the amount to be withheld therefrom during the next	29921
fiscal year.	29922

(B) Except as otherwise provided in division (F) of this	29923
section, the entire compensation of the members of the board of	29924
elections and of the director, deputy director, and other	29925
employees in the board's offices; the expenditures for the rental,	29926
furnishing, and equipping of the office of the board and for the	29927
necessary office supplies for the use of the board; the	29928
expenditures for the acquisition, repair, care, and custody of the	29929
polling places, booths, guardrails, and other equipment for	29930
polling places; the cost of pollbooks, tally sheets, maps, flags,	29931
ballot boxes, and all other permanent records and equipment; the	29932
cost of all elections held in and for the state and county; and	29933
all other expenses of the board which are not chargeable to a	29934
political subdivision in accordance with this section shall be	29935
paid in the same manner as other county expenses are paid.	29936

(C) The compensation of judges and clerks of elections; the	29937
cost of renting, moving, heating, and lighting polling places and	29938
of placing and removing ballot boxes and other fixtures and	29939
equipment thereof; the cost of printing and delivering ballots,	29940
cards of instructions, and other election supplies; and all other	29941
expenses of conducting primaries and elections in the odd-numbered	29942
years shall be charged to the subdivisions in and for which such	29943
primaries or elections are held. The charge for each primary or	29944
general election in odd-numbered years for each subdivision shall	29945
be determined in the following manner: first, the total cost of	29946
all chargeable items used in conducting such elections shall be	29947
ascertained; second, the total charge shall be divided by the	29948
number of precincts participating in such election, in order to	29949
fix the cost per precinct; third, the cost per precinct shall be	29950
prorated by the board of elections to the subdivisions conducting	29951
elections for the nomination or election of offices in such	29952
precinct; fourth, the total cost for each subdivision shall be	29953
determined by adding the charges prorated to it in each precinct	29954
within the subdivision.	29955

(D) The entire cost of special elections held on a day other	29956
than the day of a primary or general election, both in	29957
odd-numbered or in even-numbered years, shall be charged to the	29958
subdivision. Where a special election is held on the same day as a	29959
primary or general election in an even-numbered year, the	29960
subdivision submitting the special election shall be charged only	29961
for the cost of ballots and advertising. Where a special election	29962
is held on the same day as a primary or general election in an	29963
odd-numbered year, the subdivision submitting the special election	29964
shall be charged for the cost of ballots and advertising for such	29965
special election, in addition to the charges prorated to such	29966
subdivision for the election or nomination of candidates in each	29967
precinct within the subdivision, as set forth in the preceding	29968
paragraph.	29969

(E) Where a special election is held on the day specified by	29970
division (E) of section 3501.01 of the Revised Code for the	29971
holding of a primary election, for the purpose of submitting to	29972
the voters of the state constitutional amendments proposed by the	29973
general assembly, and a subdivision conducts a special election on	29974
the same day, the entire cost of the special election shall be	29975
divided proportionally between the state and the subdivision based	29976
upon a ratio determined by the number of issues placed on the	29977
ballot by each, except as otherwise provided in division (G) of	29978
this section. Such proportional division of cost shall be made	29979
only to the extent funds are available for such purpose from	29980
amounts appropriated by the general assembly to the secretary of	29981
state. If a primary election is also being conducted in the	29982
subdivision, the costs shall be apportioned as otherwise provided	29983
in this section.	29984

(F) When a precinct is open during a general, primary, or	29985
special election solely for the purpose of submitting to the	29986
voters a statewide ballot issue, the state shall bear the entire	29987
cost of the election in that precinct and shall reimburse the	29988
county for all expenses incurred in opening the precinct.	29989

(G) The state shall bear the entire cost of advertising in	29990
newspapers statewide ballot issues, explanations of those issues,	29991
and arguments for or against those issues, as required by Section	29992
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	29993
and any other section of law and shall reimburse the counties for	29994
all expenses they incur for such advertising.	29995

(H) The cost of renting, heating, and lighting registration	29996
places; the cost of the necessary books, forms, and supplies for	29997
the conduct of registration; and the cost of printing and posting	29998
precinct registration lists shall be charged to the subdivision in	29999
which such registration is held.	30000

(I) As used in this section, "statewide ballot issue" means	30001
any ballot issue, whether proposed by the general assembly or by	30002
initiative or referendum, that is submitted to the voters	30003
throughout the state.	30004

Sec. 3701.021. (A) The public health council shall adopt, in	30005
accordance with Chapter 119. of the Revised Code, such rules as	30006
are necessary to carry out sections 3701.021 to 3701.0210 of the	30007
Revised Code, including, but not limited to, rules to establish	30008
the following:	30009

(1) Medical and financial eligibility requirements consistent	30010
with division (B) of this section for the program for medically	30011
handicapped children;	30012

(2) Eligibility requirements for providers of services for	30013
medically handicapped children;	30014

(3) Procedures to be followed by the department of health in	30015
disqualifying providers for violating requirements adopted under	30016
division (A)(2) of this section;	30017

(4) Procedures to be used by the department regarding	30018
application for diagnostic services under division (B) of section	30019
3701.023 of the Revised Code and payment for those services under	30020
division (E) of that section;	30021

(5) Standards for the provision of service coordination by	30022
the department of health and city and general health districts;	30023

(6) Procedures for the department to use to determine the	30024
amount to be paid annually by each county for services for	30025
medically handicapped children and to allow counties to retain	30026
funds under divisions (A)(2) and (3) of section 3701.024 of the	30027
Revised Code;	30028

(7) Financial eligibility requirements for services for Ohio	30029
residents twenty-one years of age or older who have cystic	30030
fibrosis;	30031

(8) Criteria for payment of approved providers who provide	30032
services for medically handicapped children;	30033

(9) Criteria for the department to use in determining whether	30034
the payment of health insurance premiums of participants in the	30035
program for medically handicapped children is cost-effective;	30036

(10) Procedures for appeal of denials of applications under	30037
divisions (A) and (D) of section 3701.023 of the Revised Code,	30038
disqualification of providers, and amounts paid for services;	30039

(11) Terms of appointment for members of the medically	30040
handicapped children's medical advisory council created in section	30041
3701.025 of the Revised Code;	30042

(12) Eligibility requirements for the hemophilia program,	30043
including income and hardship requirements.	30044

(B)(1) Except as provided in division (B)(2) of this section,	30045
an individual who is eligible for the medicaid program established	30046
under Chapter 5111. of the Revised Code is ineligible for the	30047
program for medically handicapped children.	30048

(2) An individual eligible for medicaid under the spend-down	30049
provision provided by 42 C.F.R. 435.121(e)(4) as a result of costs	30050
incurred on the individual's behalf under the program for	30051
medically handicapped children is eligible for the program for	30052
medically handicapped children if the cost to the state to enable	30053
the individual to be eligible for both medicaid and the program	30054
for medically handicapped children is less than the cost to the	30055
state of providing services to the individual under the program	30056
for medically handicapped children alone.	30057

(C) The department of health shall develop a manual of	30058
operational procedures and guidelines for the program for	30059
medically handicapped children to implement sections 3701.021 to	30060
3701.0210 of the Revised Code.	30061

Sec. 3701.023. (A) The department of health shall review	30062
applications for eligibility for the program for medically	30063
handicapped children that are submitted to the department by city	30064
and general health districts and physician providers approved in	30065
accordance with division (C) of this section. The department shall	30066
determine whether the applicants meet the medical and financial	30067
eligibility requirements established by the public health council	30068
pursuant to division (A)(1) of section 3701.021 of the Revised	30069
Code, and by the department in the manual of operational	30070
procedures and guidelines for the program for medically	30071
handicapped children developed pursuant to division (B) of that	30072
section. Referrals of potentially eligible children for the	30073
program may be submitted to the department on behalf of the child	30074
by parents, guardians, public health nurses, or any other	30075
interested person. The department of health may designate other	30076
agencies to refer applicants to the department of health.	30077

(B) In accordance with the procedures established in rules	30078
adopted under division (A)(4) of section 3701.021 of the Revised	30079
Code, the department of health shall authorize a provider or	30080
providers to provide to any Ohio resident under twenty-one years	30081
of age, without charge to the resident or the resident's family	30082
and without restriction as to the economic status of the resident	30083
or the resident's family, diagnostic services necessary to	30084
determine whether the resident ~~suffers from~~has a medically	30085
handicapping or potentially medically handicapping condition.	30086

(C) The department of health shall review the applications of	30087
health professionals, hospitals, medical equipment suppliers, and	30088
other individuals, groups, or agencies that apply to become	30089
providers. The department shall enter into a written agreement	30090
with each applicant who is determined, pursuant to the	30091
requirements set forth in rules adopted under division (A)(2) of	30092
section 3701.021 of the Revised Code, to be eligible to be a	30093
provider in accordance with the provider agreement required by the	30094
medical assistance program established under section 5111.01 of	30095
the Revised Code. No provider shall charge a medically handicapped	30096
child or the child's parent or guardian for services authorized by	30097
the department under division (B) or (D) of this section.	30098

The department, in accordance with rules adopted under	30099
division (A)(3) of section 3701.021 of the Revised Code, may	30100
disqualify any provider from further participation in the program	30101
for violating any requirement set forth in rules adopted under	30102
division (A)(2) of that section. The disqualification shall not	30103
take effect until a written notice, specifying the requirement	30104
violated and describing the nature of the violation, has been	30105
delivered to the provider and the department has afforded the	30106
provider an opportunity to appeal the disqualification under	30107
division (H) of this section.	30108

(D) The department of health shall evaluate applications from	30109
city and general health districts and approved physician providers	30110
for authorization to provide treatment services, service	30111
coordination, and related goods to children determined to be	30112
eligible for the program for medically handicapped children	30113
pursuant to division (A) of this section. The department shall	30114
authorize necessary treatment services, service coordination, and	30115
related goods for each eligible child in accordance with an	30116
individual plan of treatment for the child. As an alternative, the	30117
department may authorize payment of health insurance premiums on	30118
behalf of eligible children when the department determines, in	30119
accordance with criteria set forth in rules adopted under division	30120
(A)(9) of section 3701.021 of the Revised Code, that payment of	30121
the premiums is cost-effective.	30122

(E) The department of health shall pay, from appropriations	30123
to the department, any necessary expenses, including but not	30124
limited to, expenses for diagnosis, treatment, service	30125
coordination, supportive services, transportation, and accessories	30126
and their upkeep, provided to medically handicapped children,	30127
provided that the provision of the goods or services is authorized	30128
by the department under division (B) or (D) of this section. Money	30129
appropriated to the department of health may also be expended for	30130
reasonable administrative costs incurred by the program. The	30131
department of health also may purchase liability insurance	30132
covering the provision of services under the program for medically	30133
handicapped children by physicians and other health care	30134
professionals.	30135

Payments made to providers by the department of health	30136
pursuant to this division for inpatient hospital care, outpatient	30137
care, and all other medical assistance furnished ~~by hospitals~~ to	30138
eligible recipients ~~shall be in accordance with methods~~	30139
~~established by rules of the public health council. Until such~~	30140
~~rules are adopted, the department of health shall make payments to~~	30141
~~hospitals in accordance with reasonable cost principles for~~	30142
~~reimbursement under the medicare program established under Title~~	30143
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42~~	30144
~~U.S.C.A. 1395, as amended. Payments to providers for goods or~~	30145
~~services other than inpatient or outpatient hospital care~~ shall be	30146
made in accordance with rules adopted by the public health council	30147
pursuant to division (A) of section 3701.021 of the Revised Code.	30148

The departments of health and job and family services shall	30149
jointly implement procedures to ensure that duplicate payments are	30150
not made under the program for medically handicapped children and	30151
the medical assistance program established under section 5111.01	30152
of the Revised Code and to identify and recover duplicate	30153
payments.	30154

(F)~~(1)~~ At the time of applying for participation in the	30155
program for medically handicapped children, a medically	30156
handicapped child or the child's parent or guardian shall disclose	30157
the identity of any third party against whom the child or the	30158
child's parent or guardian has or may have a right of recovery for	30159
goods and services provided under division (B) or (D) of this	30160
section. Except as provided in division (F)(2) of this section,	30161
the department of health shall require a medically handicapped	30162
child who receives services from the program or the child's parent	30163
or guardian to apply for all third-party benefits for which the	30164
child may be eligible and require the child, parent, or guardian	30165
to apply all third-party benefits received to the amount	30166
determined under division (E) of this section as the amount	30167
payable for goods and services authorized under division (B) or	30168
(D) of this section. The department is the payer of last resort	30169
and shall pay for authorized goods or services, up to the amount	30170
determined under division (E) of this section for the authorized	30171
goods or services, only to the extent that payment for the	30172
authorized goods or services is not made through third-party	30173
benefits. When a third party fails to act on an application or	30174
claim for benefits by a medically handicapped child or the child's	30175
parent or guardian, the department shall pay for the goods or	30176
services only after ninety days have elapsed since the date the	30177
child, parents, or guardians made an application or claim for all	30178
third-party benefits, except as provided in division (F)(2) of	30179
this section. Third-party benefits received shall be applied to	30180
the amount determined under division (E) of this section.	30181
Third-party payments for goods and services not authorized under	30182
division (B) or (D) of this section shall not be applied to	30183
payment amounts determined under division (E) of this section.	30184
Payment made by the department shall be considered payment in full	30185
of the amount determined under division (E) of this section.	30186
Medicaid payments for persons eligible for the medical assistance	30187
program established under section 5111.01 of the Revised Code	30188
shall be considered payment in full of the amount determined under	30189
division (E) of this section.	30190

~~(2) A medically handicapped child or the parent or guardian~~	30191
~~of such a child is not required to apply for assistance under the~~	30192
~~medical assistance program established under section 5111.01 of~~	30193
~~the Revised Code as a condition for eligibility under the program~~	30194
~~for medically handicapped children if applying for or receiving~~	30195
~~assistance under the medical assistance program violates a~~	30196
~~religious belief of the child, parent, or guardian and a tenet of~~	30197
~~the child's, parent's, or guardian's religion.~~	30198

(G) The department of health shall administer a program to	30199
provide services to Ohio residents who are twenty-one or more	30200
years of age who ~~are suffering from~~have cystic fibrosis and who	30201
meet the eligibility requirements established by the rules of the	30202
public health council pursuant to division (A)(7) of section	30203
3701.021 of the Revised Code, subject to all provisions of this	30204
section, but not subject to section 3701.024 of the Revised Code.	30205

(H) The department of health shall provide for appeals, in	30206
accordance with rules adopted under section 3701.021 of the	30207
Revised Code, of denials of applications for the program for	30208
medically handicapped children under division (A) or (D) of this	30209
section, disqualification of providers, or amounts paid under	30210
division (E) of this section. Appeals under this division are not	30211
subject to Chapter 119. of the Revised Code.	30212

The department may designate ombudspersons to assist	30213
medically handicapped children or their parents or guardians, upon	30214
the request of the children, parents, or guardians, in filing	30215
appeals under this division and to serve as children's, parents',	30216
or guardians' advocates in matters pertaining to the	30217
administration of the program for medically handicapped children	30218
and eligibility for program services. The ombudspersons shall	30219
receive no compensation but shall be reimbursed by the department,	30220
in accordance with rules of the office of budget and management,	30221
for their actual and necessary travel expenses incurred in the	30222
performance of their duties.	30223

(I) The department of health, and city and general health	30224
districts providing service coordination pursuant to division	30225
(A)(2) of section 3701.024 of the Revised Code, shall provide	30226
service coordination in accordance with the standards set forth in	30227
the rules adopted under section 3701.021 of the Revised Code,	30228
without charge, and without restriction as to economic status.	30229

Sec. 3701.146. (A) In taking actions regarding tuberculosis,	30230
the director of health has all of the following duties and powers:	30231

(1) ~~The director shall make payments to boards of county~~	30232
~~commissioners in accordance with section 339.77 of the Revised~~	30233
~~Code.~~	30234

~~(2)~~ The director shall maintain registries of hospitals,	30235
clinics, physicians, or other care providers to whom the director	30236
shall refer persons who make inquiries to the department of health	30237
regarding possible exposure to tuberculosis.	30238

~~(3)~~(2) The director shall engage in tuberculosis surveillance	30239
activities, including the collection and analysis of	30240
epidemiological information relative to the frequency of	30241
tuberculosis infection, demographic and geographic distribution of	30242
tuberculosis cases, and trends pertaining to tuberculosis.	30243

~~(4)~~(3) The director shall maintain a tuberculosis registry to	30244
record the incidence of tuberculosis in this state.	30245

~~(5)~~(4) The director may appoint physicians to serve as	30246
tuberculosis consultants for geographic regions of the state	30247
specified by the director. Each tuberculosis consultant shall act	30248
in accordance with rules the director establishes and shall be	30249
responsible for advising and assisting physicians and other health	30250
care practitioners who participate in tuberculosis control	30251
activities and for reviewing medical records pertaining to the	30252
treatment provided to individuals with tuberculosis.	30253

(B)(1) The public health council shall adopt rules	30254
establishing standards for the following:	30255

(a) Performing tuberculosis screenings;

30256

(b) Performing examinations of individuals who have been	30257
exposed to tuberculosis and individuals who are suspected of	30258
having tuberculosis;	30259

30260

(d) Preventing individuals with communicable tuberculosis	30261
from infecting other individuals;	30262

(e) Performing laboratory tests for tuberculosis and studies	30263
of the resistance of tuberculosis to one or more drugs;	30264

(f) Selecting laboratories that provide in a timely fashion	30265
the results of a laboratory test for tuberculosis. The standards	30266
shall include a requirement that first consideration be given to	30267
laboratories located in this state.	30268

(2) Rules adopted pursuant to this section shall be adopted	30269
in accordance with Chapter 119. of the Revised Code and may be	30270
consistent with any recommendations or guidelines on tuberculosis	30271
issued by the United States centers for disease control and	30272
prevention or by the American thoracic society. The rules shall	30273
apply to county or district tuberculosis control units, physicians	30274
who examine and treat individuals for tuberculosis, and	30275
laboratories that perform tests for tuberculosis.	30276

Sec. 3701.65. (A) There is hereby created in the state	30277
treasury the "choose life" fund. The fund shall consist of the	30278
contributions that are paid to the registrar of motor vehicles by	30279
applicants who voluntarily elect to obtain "choose life" license	30280
plates pursuant to section 4503.91 of the Revised Code and any	30281
money returned to the fund under division (E)(1)(d) of this	30282
section. All investment earnings of the fund shall be credited to	30283
the fund.	30284

(B)(1) At least annually, the director of health shall	30285
distribute the money in the fund to any private, nonprofit	30286
organization that is eligible to receive funds under this section	30287
and that applies for funding under division (C) of this section.	30288

(2) The director shall distribute the funds based on the	30289
county in which the organization applying for funding is located	30290
and in proportion to the number of "choose life" license plates	30291
issued during the preceding year to vehicles registered in each	30292
county. Within each county, eligible organizations that apply for	30293
funding shall share equally in the funds available for	30294
distribution to organizations located within that county.	30295

(C) Any organization seeking funds under this section	30296
annually shall apply for distribution of the funds. The director	30297
shall develop an application form and may determine the schedule	30298
and procedures that an organization shall follow when annually	30299
applying for funds. The application shall inform the applicant of	30300
the conditions for receiving and using funds under division (E) of	30301
this section. The application shall require evidence that the	30302
organization meets all of the following requirements:	30303

(1) Is a private, nonprofit organization;

30304

(2) Is committed to counseling pregnant women about the	30305
option of adoption;	30306

(3) Provides services within the state to pregnant women who	30307
are planning to place their children for adoption, including	30308
counseling and meeting the material needs of the women;	30309

(4) Does not charge women for any services received;

30310

(5) Is not involved or associated with any abortion	30311
activities, including counseling for or referrals to abortion	30312
clinics, providing medical abortion-related procedures, or	30313
pro-abortion advertising;	30314

(6) Does not discriminate in its provision of any services on	30315
the basis of race, religion, color, age, marital status, national	30316
origin, handicap, gender, or age.	30317

(D) The director shall not distribute funds to an	30318
organization that does not provide verifiable evidence of the	30319
requirements specified in the application under division (C) of	30320
this section and shall not provide additional funds to any	30321
organization that fails to comply with division (E) of this	30322
section in regard to its previous receipt of funds under this	30323
section.	30324

(E)(1) An organization receiving funds under this section	30325
shall do all of the following:	30326

(a) Use not more than sixty per cent of the funds distributed	30327
to it for the material needs of pregnant women who are planning to	30328
place their children for adoption or for infants awaiting	30329
placement with adoptive parents, including clothing, housing,	30330
medical care, food, utilities, and transportation;	30331

(b) Use not more than forty per cent of the funds distributed	30332
to it for counseling, training, or advertising;	30333

(c) Not use any of the funds distributed to it for	30334
administrative expenses, legal expenses, or capital expenditures;	30335

(d) Annually return to the fund created under division (A) of	30336
this section any unused money that exceeds ten per cent of the	30337
money distributed to the organization.	30338

(2) The organization annually shall submit to the director an	30339
audited financial statement verifying its compliance with division	30340
(E)(1) of this section.	30341

(F) The director, in accordance with Chapter 119. of the	30342
Revised Code, shall adopt rules to implement this section.	30343

It is not the intent of the general assembly that the	30344
department create a new position within the department to	30345
implement and administer this section. It is the intent of the	30346
general assembly that the implementation and administration of	30347
this section be accomplished by existing department personnel.	30348

Sec. 3702.141. (A) As used in this section,:

30349

(1) "~~existing~~Existing health care facility" ~~has~~means a	30350
health care facility that is licensed or otherwise approved to	30351
practice in this state, in accordance with applicable law, is	30352
staffed and equipped to provide health care services, and actively	30353
provides health services or has not been actively providing health	30354
services for less than twelve consecutive months.	30355

(2) "Health care facility" and "health service" have the same	30356
~~meaning~~meanings as in section 3702.51 of the Revised Code.	30357

(B) Section 3702.14 of the Revised Code shall not be	30358
construed to require any existing health care facility that is	30359
conducting an activity specified in section 3702.11 of the Revised	30360
Code, which activity was initiated on or before March 20, 1997, to	30361
alter, upgrade, or otherwise improve the structure or fixtures of	30362
the facility in order to comply with any rule adopted under	30363
section 3702.11 of the Revised Code relating to that activity,	30364
unless one of the following applies:	30365

(1) The facility initiates a construction, renovation, or	30366
reconstruction project that involves a capital expenditure of at	30367
least fifty thousand dollars, not including expenditures for	30368
equipment or staffing or operational costs, and that directly	30369
involves the area in which the existing service is conducted.	30370

(2) The facility initiates another activity specified in	30371
section 3702.11 of the Revised Code.	30372

(3) The facility initiates a service level designation change	30373
for obstetric and newborn care.	30374

(4) The facility proposes to add a cardiac catheterization	30375
laboratory to an existing cardiac catheterization service.	30376

(5) The facility proposes to add an open-heart operating room	30377
to an existing open-heart surgery service.	30378

(6) The director of health determines, by clear and	30379
convincing evidence, that failure to comply with the rule would	30380
create an imminent risk to the health and welfare of any patient.	30381

(C) If division (B)(4) or (5) of this section applies, any	30382
alteration, upgrade, or other improvement required shall apply	30383
only to the proposed addition to the existing service if the cost	30384
of the addition is less than the capital expenditure threshold set	30385
forth in division (B)(1) of this section.	30386

(D) No person or government entity shall divide or otherwise	30387
segment a construction, renovation, or reconstruction project in	30388
order to evade application of the capital expenditure threshold	30389
set forth in division (B)(1) of this section.	30390

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	30391
Revised Code:	30392

(A) "Applicant" means any person that submits an application	30393
for a certificate of need and who is designated in the application	30394
as the applicant.	30395

(B) "Person" means any individual, corporation, business	30396
trust, estate, firm, partnership, association, joint stock	30397
company, insurance company, government unit, or other entity.	30398

(C) "Certificate of need" means a written approval granted by	30399
the director of health to an applicant to authorize conducting a	30400
reviewable activity.	30401

(D) "Health service area" means a geographic region	30402
designated by the director of health under section 3702.58 of the	30403
Revised Code.	30404

(E) "Health service" means a clinically related service, such	30405
as a diagnostic, treatment, rehabilitative, or preventive service.	30406

(F) "Health service agency" means an agency designated to	30407
serve a health service area in accordance with section 3702.58 of	30408
the Revised Code.	30409

(G) "Health care facility" means:

30410

(1) A hospital registered under section 3701.07 of the	30411
Revised Code;	30412

(2) A nursing home licensed under section 3721.02 of the	30413
Revised Code, or by a political subdivision certified under	30414
section 3721.09 of the Revised Code;	30415

(3) A county home or a county nursing home as defined in	30416
section 5155.31 of the Revised Code that is certified under Title	30417
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	30418
U.S.C.A. 301, as amended;	30419

(4) A freestanding dialysis center;

30420

(5) A freestanding inpatient rehabilitation facility;

30421

(6) An ambulatory surgical facility;

30422

(7) A freestanding cardiac catheterization facility;

30423

(8) A freestanding birthing center;

30424

(9) A freestanding or mobile diagnostic imaging center;

30425

(10) A freestanding radiation therapy center.

30426

A health care facility does not include the offices of	30427
private physicians and dentists whether for individual or group	30428
practice, residential facilities licensed under section 5123.19 of	30429
the Revised Code, ~~or habilitation centers certified by the~~	30430
~~director of mental retardation and developmental disabilities~~	30431
~~under section 5123.041 of the Revised Code,~~ or an institution for	30432
the sick that is operated exclusively for patients who use	30433
spiritual means for healing and for whom the acceptance of medical	30434
care is inconsistent with their religious beliefs, accredited by a	30435
national accrediting organization, exempt from federal income	30436
taxation under section 501 of the Internal Revenue Code of 1986,	30437
100 Stat. 2085, 26 U.S.C.A. 1, as amended, and providing	30438
twenty-four hour nursing care pursuant to the exemption in	30439
division (E) of section 4723.32 of the Revised Code from the	30440
licensing requirements of Chapter 4723. of the Revised Code.	30441

(H) "Medical equipment" means a single unit of medical	30442
equipment or a single system of components with related functions	30443
that is used to provide health services.	30444

(I) "Third-party payer" means a health insuring corporation	30445
licensed under Chapter 1751. of the Revised Code, a health	30446
maintenance organization as defined in division (K) of this	30447
section, an insurance company that issues sickness and accident	30448
insurance in conformity with Chapter 3923. of the Revised Code, a	30449
state-financed health insurance program under Chapter 3701.,	30450
4123., or 5111. of the Revised Code, or any self-insurance plan.	30451

(J) "Government unit" means the state and any county,	30452
municipal corporation, township, or other political subdivision of	30453
the state, or any department, division, board, or other agency of	30454
the state or a political subdivision.	30455

(K) "Health maintenance organization" means a public or	30456
private organization organized under the law of any state that is	30457
qualified under section 1310(d) of Title XIII of the "Public	30458
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	30459

(L) "Existing health care facility" means aeither of the	30460
following:	30461

(1) A health care facility that is licensed or otherwise	30462
~~approved~~authorized to ~~practice~~operate in this state, in	30463
accordance with applicable law, is staffed and equipped to provide	30464
health care services, and is actively ~~provides~~providing health	30465
services ~~or has not been actively providing health services for~~	30466
~~less than twelve consecutive months~~;	30467

(2) A health care facility that is licensed or has beds	30468
registered under section 3701.07 of the Revised Code as skilled	30469
nursing beds or long-term care beds and has provided services for	30470
at least three hundred sixty-five consecutive days within the	30471
twenty-four months immediately preceding the date a certificate of	30472
need application is filed with the director of health.	30473

(M) "State" means the state of Ohio, including, but not	30474
limited to, the general assembly, the supreme court, the offices	30475
of all elected state officers, and all departments, boards,	30476
offices, commissions, agencies, institutions, and other	30477
instrumentalities of the state of Ohio. "State" does not include	30478
political subdivisions.	30479

(N) "Political subdivision" means a municipal corporation,	30480
township, county, school district, and all other bodies corporate	30481
and politic responsible for governmental activities only in	30482
geographic areas smaller than that of the state to which the	30483
sovereign immunity of the state attaches.	30484

(O) "Affected person" means:

30485

(1) An applicant for a certificate of need, including an	30486
applicant whose application was reviewed comparatively with the	30487
application in question;	30488

(2) The person that requested the reviewability ruling in	30489
question;	30490

(3) Any person that resides or regularly uses health care	30491
facilities within the geographic area served or to be served by	30492
the health care services that would be provided under the	30493
certificate of need or reviewability ruling in question;	30494

(4) Any health care facility that is located in the health	30495
service area where the health care services would be provided	30496
under the certificate of need or reviewability ruling in question;	30497

(5) Third-party payers that reimburse health care facilities	30498
for services in the health service area where the health care	30499
services would be provided under the certificate of need or	30500
reviewability ruling in question;	30501

(6) Any other person who testified at a public hearing held	30502
under division (B) of section 3702.52 of the Revised Code or	30503
submitted written comments in the course of review of the	30504
certificate of need application in question.	30505

(P) "Osteopathic hospital" means a hospital registered under	30506
section 3701.07 of the Revised Code that advocates osteopathic	30507
principles and the practice and perpetuation of osteopathic	30508
medicine by doing any of the following:	30509

(1) Maintaining a department or service of osteopathic	30510
medicine or a committee on the utilization of osteopathic	30511
principles and methods, under the supervision of an osteopathic	30512
physician;	30513

(2) Maintaining an active medical staff, the majority of	30514
which is comprised of osteopathic physicians;	30515

(3) Maintaining a medical staff executive committee that has	30516
osteopathic physicians as a majority of its members.	30517

(Q) "Ambulatory surgical facility" has the same meaning as in	30518
section 3702.30 of the Revised Code.	30519

(R) Except as otherwise provided in division (T) of this	30520
section, and until the termination date specified in section	30521
3702.511 of the Revised Code, "reviewable activity" means any of	30522
the following:	30523

(1) The addition by any person of any of the following health	30524
services, regardless of the amount of operating costs or capital	30525
expenditures:	30526

(a) A heart, heart-lung, lung, liver, kidney, bowel,	30527
pancreas, or bone marrow transplantation service, a stem cell	30528
harvesting and reinfusion service, or a service for	30529
transplantation of any other organ unless transplantation of the	30530
organ is designated by public health council rule not to be a	30531
reviewable activity;	30532

(b) A cardiac catheterization service;

30533

30534

(d) Any new, experimental medical technology that is	30535
designated by rule of the public health council.	30536

(2) The acceptance of high-risk patients, as defined in rules	30537
adopted under section 3702.57 of the Revised Code, by any cardiac	30538
catheterization service that was initiated without a certificate	30539
of need pursuant to division (R)(3)(b) of the version of this	30540
section in effect immediately prior to April 20, 1995;	30541

(3)(a) The establishment, development, or construction of a	30542
new health care facility other than a new long-term care facility	30543
or a new hospital;	30544

(b) The establishment, development, or construction of a new	30545
hospital or the relocation of an existing hospital;	30546

(c) The relocation of hospital beds, other than long-term	30547
care, perinatal, or pediatric intensive care beds, into or out of	30548
a rural area.	30549

(4)(a) The replacement of an existing hospital;

30550

(b) The replacement of an existing hospital obstetric or	30551
newborn care unit or freestanding birthing center.	30552

(5)(a) The renovation of a hospital that involves a capital	30553
expenditure, obligated on or after ~~the effective date of this~~	30554
~~amendment~~June 30, 1995, of five million dollars or more, not	30555
including expenditures for equipment, staffing, or operational	30556
costs. For purposes of division (R)(5)(a) of this section, a	30557
capital expenditure is obligated:	30558

(i) When a contract enforceable under Ohio law is entered	30559
into for the construction, acquisition, lease, or financing of a	30560
capital asset;	30561

(ii) When the governing body of a hospital takes formal	30562
action to commit its own funds for a construction project	30563
undertaken by the hospital as its own contractor;	30564

(iii) In the case of donated property, on the date the gift	30565
is completed under applicable Ohio law.	30566

(b) The renovation of a hospital obstetric or newborn care	30567
unit or freestanding birthing center that involves a capital	30568
expenditure of five million dollars or more, not including	30569
expenditures for equipment, staffing, or operational costs.	30570

(6) Any change in the health care services, bed capacity, or	30571
site, or any other failure to conduct the reviewable activity in	30572
substantial accordance with the approved application for which a	30573
certificate of need was granted, if the change is made prior to	30574
the date the activity for which the certificate was issued ceases	30575
to be a reviewable activity;	30576

(7) Any of the following changes in perinatal bed capacity or	30577
pediatric intensive care bed capacity:	30578

(a) An increase in bed capacity;

30579

(b) A change in service or service-level designation of	30580
newborn care beds or obstetric beds in a hospital or freestanding	30581
birthing center, other than a change of service that is provided	30582
within the service-level designation of newborn care or obstetric	30583
beds as registered by the department of health;	30584

(c) A relocation of perinatal or pediatric intensive care	30585
beds from one physical facility or site to another, excluding the	30586
relocation of beds within a hospital or freestanding birthing	30587
center or the relocation of beds among buildings of a hospital or	30588
freestanding birthing center at the same site.	30589

(8) The expenditure of more than one hundred ten per cent of	30590
the maximum expenditure specified in a certificate of need;	30591

(9) Any transfer of a certificate of need issued prior to	30592
April 20, 1995, from the person to whom it was issued to another	30593
person before the project that constitutes a reviewable activity	30594
is completed, any agreement that contemplates the transfer of a	30595
certificate of need issued prior to that date upon completion of	30596
the project, and any transfer of the controlling interest in an	30597
entity that holds a certificate of need issued prior to that date.	30598
However, the transfer of a certificate of need issued prior to	30599
that date or agreement to transfer such a certificate of need from	30600
the person to whom the certificate of need was issued to an	30601
affiliated or related person does not constitute a reviewable	30602
transfer of a certificate of need for the purposes of this	30603
division, unless the transfer results in a change in the person	30604
that holds the ultimate controlling interest in the certificate of	30605
need.	30606

(10)(a) The acquisition by any person of any of the following	30607
medical equipment, regardless of the amount of operating costs or	30608
capital expenditure:	30609

(i) A cobalt radiation therapy unit;

30610

(ii) A linear accelerator;

30611

(iii) A gamma knife unit.

30612

(b) The acquisition by any person of medical equipment with a	30613
cost of two million dollars or more. The cost of acquiring medical	30614
equipment includes the sum of the following:	30615

(i) The greater of its fair market value or the cost of its	30616
lease or purchase;	30617

(ii) The cost of installation and any other activities	30618
essential to the acquisition of the equipment and its placement	30619
into service.	30620

(11) The addition of another cardiac catheterization	30621
laboratory to an existing cardiac catheterization service.	30622

(S) Except as provided in division (T) of this section,	30623
"reviewable activity" also means any of the following activities,	30624
none of which are subject to a termination date:	30625

(1) The establishment, development, or construction of a new	30626
long-term care facility;	30627

(2) The replacement of an existing long-term care facility;

30628

(3) The renovation of a long-term care facility that involves	30629
a capital expenditure of two million dollars or more, not	30630
including expenditures for equipment, staffing, or operational	30631
costs;	30632

(4) Any of the following changes in long-term care bed	30633
capacity:	30634

(a) An increase in bed capacity;

30635

(b) A relocation of beds from one physical facility or site	30636
to another, excluding the relocation of beds within a long-term	30637
care facility or among buildings of a long-term care facility at	30638
the same site;	30639

(c) A recategorization of hospital beds registered under	30640
section 3701.07 of the Revised Code from another registration	30641
category to skilled nursing beds or long-term care beds.	30642

(5) Any change in the health services, bed capacity, or site,	30643
or any other failure to conduct the reviewable activity in	30644
substantial accordance with the approved application for which a	30645
certificate of need concerning long-term care beds was granted, if	30646
the change is made within five years after the implementation of	30647
the reviewable activity for which the certificate was granted;	30648

(6) The expenditure of more than one hundred ten per cent of	30649
the maximum expenditure specified in a certificate of need	30650
concerning long-term care beds;	30651

(7) Any transfer of a certificate of need that concerns	30652
long-term care beds and was issued prior to April 20, 1995, from	30653
the person to whom it was issued to another person before the	30654
project that constitutes a reviewable activity is completed, any	30655
agreement that contemplates the transfer of such a certificate of	30656
need upon completion of the project, and any transfer of the	30657
controlling interest in an entity that holds such a certificate of	30658
need. However, the transfer of a certificate of need that concerns	30659
long-term care beds and was issued prior to April 20, 1995, or	30660
agreement to transfer such a certificate of need from the person	30661
to whom the certificate was issued to an affiliated or related	30662
person does not constitute a reviewable transfer of a certificate	30663
of need for purposes of this division, unless the transfer results	30664
in a change in the person that holds the ultimate controlling	30665
interest in the certificate of need.	30666

(T) "Reviewable activity" does not include any of the	30667
following activities:	30668

(1) Acquisition of computer hardware or software;

30669

(2) Acquisition of a telephone system;

30670

(3) Construction or acquisition of parking facilities;

30671

(4) Correction of cited deficiencies that are in violation of	30672
federal, state, or local fire, building, or safety laws and rules	30673
and that constitute an imminent threat to public health or safety;	30674

(5) Acquisition of an existing health care facility that does	30675
not involve a change in the number of the beds, by service, or in	30676
the number or type of health services;	30677

(6) Correction of cited deficiencies identified by	30678
accreditation surveys of the joint commission on accreditation of	30679
healthcare organizations or of the American osteopathic	30680
association;	30681

(7) Acquisition of medical equipment to replace the same or	30682
similar equipment for which a certificate of need has been issued	30683
if the replaced equipment is removed from service;	30684

(8) Mergers, consolidations, or other corporate	30685
reorganizations of health care facilities that do not involve a	30686
change in the number of beds, by service, or in the number or type	30687
of health services;	30688

(9) Construction, repair, or renovation of bathroom	30689
facilities;	30690

(10) Construction of laundry facilities, waste disposal	30691
facilities, dietary department projects, heating and air	30692
conditioning projects, administrative offices, and portions of	30693
medical office buildings used exclusively for physician services;	30694

(11) Acquisition of medical equipment to conduct research	30695
required by the United States food and drug administration or	30696
clinical trials sponsored by the national institute of health. Use	30697
of medical equipment that was acquired without a certificate of	30698
need under division (T)(11) of this section and for which	30699
premarket approval has been granted by the United States food and	30700
drug administration to provide services for which patients or	30701
reimbursement entities will be charged shall be a reviewable	30702
activity.	30703

(12) Removal of asbestos from a health care facility.

30704

Only that portion of a project that meets the requirements of	30705
division (T) of this section is not a reviewable activity.	30706

(U) "Small rural hospital" means a hospital that is located	30707
within a rural area, has fewer than one hundred beds, and to which	30708
fewer than four thousand persons were admitted during the most	30709
recent calendar year.	30710

(V) "Children's hospital" means any of the following:

30711

(1) A hospital registered under section 3701.07 of the	30712
Revised Code that provides general pediatric medical and surgical	30713
care, and in which at least seventy-five per cent of annual	30714
inpatient discharges for the preceding two calendar years were	30715
individuals less than eighteen years of age;	30716

(2) A distinct portion of a hospital registered under section	30717
3701.07 of the Revised Code that provides general pediatric	30718
medical and surgical care, has a total of at least one hundred	30719
fifty registered pediatric special care and pediatric acute care	30720
beds, and in which at least seventy-five per cent of annual	30721
inpatient discharges for the preceding two calendar years were	30722
individuals less than eighteen years of age;	30723

(3) A distinct portion of a hospital, if the hospital is	30724
registered under section 3701.07 of the Revised Code as a	30725
children's hospital and the children's hospital meets all the	30726
requirements of division (V)(1) of this section.	30727

(W) "Long-term care facility" means any of the following:

30728

(1) A nursing home licensed under section 3721.02 of the	30729
Revised Code or by a political subdivision certified under section	30730
3721.09 of the Revised Code;	30731

(2) The portion of any facility, including a county home or	30732
county nursing home, that is certified as a skilled nursing	30733
facility or a nursing facility under Title XVIII or XIX of the	30734
"Social Security Act";	30735

(3) The portion of any hospital that contains beds registered	30736
under section 3701.07 of the Revised Code as skilled nursing beds	30737
or long-term care beds.	30738

(X) "Long-term care bed" means a bed in a long-term care	30739
facility.	30740

(Y) "Perinatal bed" means a bed in a hospital that is	30741
registered under section 3701.07 of the Revised Code as a newborn	30742
care bed or obstetric bed, or a bed in a freestanding birthing	30743
center.	30744

(Z) "Freestanding birthing center" means any facility in	30745
which deliveries routinely occur, regardless of whether the	30746
facility is located on the campus of another health care facility,	30747
and which is not licensed under Chapter 3711. of the Revised Code	30748
as a level one, two, or three maternity unit or a limited	30749
maternity unit.	30750

(AA)(1) "Reviewability ruling" means a ruling issued by the	30751
director of health under division (A) of section 3702.52 of the	30752
Revised Code as to whether a particular proposed project is or is	30753
not a reviewable activity.	30754

(2) "Nonreviewability ruling" means a ruling issued under	30755
that division that a particular proposed project is not a	30756
reviewable activity.	30757

(BB)(1) "Metropolitan statistical area" means an area of this	30758
state designated a metropolitan statistical area or primary	30759
metropolitan statistical area in United States office of	30760
management and budget bulletin No. 93-17, June 30, 1993, and its	30761
attachments.	30762

(2) "Rural area" means any area of this state not located	30763
within a metropolitan statistical area.	30764

Sec. 3702.68. (A) Notwithstanding sections 3702.51 to	30765
3702.62 of the Revised Code, this section applies to the review of	30766
certificate of need applications during the period beginning July	30767
1, 1993, and ending June 30, ~~2005~~2007.	30768

As used in this section, "existing health care facility" has	30769
the same meaning as in section 3702.51 of the Revised Code.	30770

(B)(1) Except as provided in division (B)(2) of this section,	30771
the director of health shall neither grant nor deny any	30772
application for a certificate of need submitted prior to July 1,	30773
1993, if the application was for any of the following and the	30774
director had not issued a written decision concerning the	30775
application prior to that date:	30776

(a) Approval of beds in a new health care facility or an	30777
increase of beds in an existing health care facility, if the beds	30778
are proposed to be licensed as nursing home beds under Chapter	30779
3721. of the Revised Code;	30780

(b) Approval of beds in a new county home or new county	30781
nursing home as defined in section 5155.31 of the Revised Code, or	30782
an increase of beds in an existing county home or existing county	30783
nursing home, if the beds are proposed to be certified as skilled	30784
nursing facility beds under Title XVIII or nursing facility beds	30785
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	30786
42 U.S.C.A. 301, as amended;	30787

(c) Recategorization of hospital beds as described in section	30788
3702.522 of the Revised Code, an increase of hospital beds	30789
registered pursuant to section 3701.07 of the Revised Code as	30790
long-term care beds or skilled nursing facility beds, or a	30791
recategorization of hospital beds that would result in an increase	30792
of beds registered pursuant to that section as long-term care beds	30793
or skilled nursing facility beds.	30794

On July 1, 1993, the director shall return each such	30795
application to the applicant and, notwithstanding section 3702.52	30796
of the Revised Code regarding the uses of the certificate of need	30797
fund, shall refund to the applicant the application fee paid under	30798
that section. Applications returned under division (B)(1) of this	30799
section may be resubmitted in accordance with section 3702.52 of	30800
the Revised Code no sooner than July 1, ~~2005~~2007.	30801

(2) The director shall continue to review and shall issue a	30802
decision regarding any application submitted prior to July 1,	30803
1993, to increase beds for either of the purposes described in	30804
division (B)(1)(a) or (b) of this section if the proposed increase	30805
in beds is attributable solely to a replacement or relocation of	30806
existing beds within the same county. The director shall authorize	30807
under such an application no additional beds beyond those being	30808
replaced or relocated.	30809

(C)(1) Except as provided in division (C)(2) of this section,	30810
the director, during the period beginning July 1, 1993, and ending	30811
June 30, ~~2005~~2007, shall not accept for review under section	30812
3702.52 of the Revised Code any application for a certificate of	30813
need for any of the purposes described in divisions (B)(1)(a) to	30814
(c) of this section.	30815

(2)(a) The director shall accept for review any application	30816
for either of the purposes described in division (B)(1)(a) or (b)	30817
of this section if the proposed increase in beds is attributable	30818
solely to a replacement or relocation of existing beds from an	30819
existing health care facility within the same county. The director	30820
shall authorize under such an application no additional beds	30821
beyond those being replaced or relocated. ~~The~~	30822

The director shall not approve an application for a	30823
certificate of need for addition of long-term care beds to an	30824
existing health care facility by relocation of beds or for the	30825
development of a new health care facility by relocation of beds	30826
unless all of the following conditions are met:	30827

(i) The existing health care facility to which the beds are	30828
being relocated has no life safety code waivers, no state fire	30829
code violations, and no state building code violations;	30830

(ii) During the sixty month period preceding the filing of	30831
the application, no notice of proposed revocation of the	30832
facility's license was issued under section 3721.03 of the Revised	30833
Code to the operator of the existing facility to which the beds	30834
are being relocated or to any health care facility owned or	30835
operated by the applicant or any principal participant in the same	30836
corporation or other business;	30837

(iii) Neither the existing health care facility to which the	30838
beds are being relocated nor any health care facility owned or	30839
operated by the applicant or any principal participant in the same	30840
corporation or other business has had a long-standing pattern of	30841
violations of this chapter or deficiencies that caused one or more	30842
residents physical, emotional, mental, or psychosocial harm.	30843

(b) The director also shall accept for review any application	30844
for either of the purposes described in division (B)(1)(a) or (b)	30845
of this section if the proposed increase in beds is attributable	30846
solely to the conversion of residential care facility beds	30847
licensed under Chapter 3721. of the Revised Code to nursing home	30848
beds that are licensed under that chapter, are located in the same	30849
existing health care facility, and were previously converted from	30850
nursing home beds to residential care facility beds for the	30851
purpose of the facility's participation in the assisted living	30852
program as defined in section 5111.89 of the Revised Code. The	30853
director shall authorize under such an application no additional	30854
beds beyond those being converted from residential care facility	30855
beds to nursing home beds.	30856

(c) The director also shall accept for review any application	30857
~~that seeks certificate of need approval~~ for ~~existing~~the	30858
conversion of infirmary beds ~~located in an~~to long-term care beds	30859
if the infirmary ~~that is~~meets all of the following conditions:	30860

(i) Is operated exclusively by a religious order~~, provides~~;

30861

(ii) Provides care exclusively to members of religious orders	30862
who take vows of celibacy and live by virtue of their vows within	30863
the orders as if related~~, and was~~;	30864

(iii) Was providing care exclusively to members of such a	30865
religious order on January 1, 1994.	30866

(D) The director shall issue a decision regarding any case	30867
remanded by a court as the result of a decision issued by the	30868
director prior to July 1, 1993, to grant, deny, or withdraw a	30869
certificate of need for any of the purposes described in divisions	30870
(B)(1)(a) to (c) of this section.	30871

(E) The director shall not project the need for beds listed	30872
in division (B)(1) of this section for the period beginning July	30873
1, 1993, and ending June 30, ~~2005~~2007.	30874

This section is an interim section effective until July 1,	30875
~~2005~~2007.	30876

Sec. 3702.74. (A) A primary care physician who has signed a	30877
letter of intent under section 3702.73 of the Revised Code, the	30878
director of health, and the Ohio board of regents may enter into a	30879
contract for the physician's participation in the physician loan	30880
repayment program. A lending institution may also be a party to	30881
the contract.	30882

(B) The contract shall include all of the following	30883
obligations:	30884

(1) The primary care physician agrees to provide primary care	30885
services in the health resource shortage area identified in the	30886
letter of intent for at least two years or one year per twenty	30887
thousand dollars of repayment agreed to under division (B)(3) of	30888
this section, whichever is greater;	30889

(2) When providing primary care services in the health	30890
resource shortage area, the primary care physician agrees to do	30891
all of the following:	30892

(a) Provide primary care services for a minimum of forty	30893
hours per week;	30894

(b) Provide primary care services without regard to a	30895
patient's ability to pay;	30896

(c) Meet the conditions prescribed by the "Social Security	30897
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	30898
department of job and family services for participation in the	30899
medical assistance program established under Chapter 5111. of the	30900
Revised Code and enter into a contract with the department to	30901
provide primary care services to recipients of the medical	30902
assistance program;	30903

~~(d) Meet the conditions established by the department of job~~	30904
~~and family services for participation in the disability medical~~	30905
~~assistance program established under Chapter 5115. of the Revised~~	30906
~~Code and enter into a contract with the department to provide~~	30907
~~primary care services to recipients of disability medical~~	30908
~~assistance~~.	30909

(3) The Ohio board of regents agrees, as provided in section	30910
3702.75 of the Revised Code, to repay, so long as the primary care	30911
physician performs the service obligation agreed to under division	30912
(B)(1) of this section, all or part of the principal and interest	30913
of a government or other educational loan taken by the primary	30914
care physician for expenses described in section 3702.75 of the	30915
Revised Code;	30916

(4) The primary care physician agrees to pay the board the	30917
following as damages if the physician fails to complete the	30918
service obligation agreed to under division (B)(1) of this	30919
section:	30920

(a) If the failure occurs during the first two years of the	30921
service obligation, three times the total amount the board has	30922
agreed to repay under division (B)(3) of this section;	30923

(b) If the failure occurs after the first two years of the	30924
service obligation, three times the amount the board is still	30925
obligated to repay under division (B)(3) of this section.	30926

(C) The contract may include any other terms agreed upon by	30927
the parties, including an assignment to the Ohio board of regents	30928
of the physician's duty to pay the principal and interest of a	30929
government or other educational loan taken by the physician for	30930
expenses described in section 3702.75 of the Revised Code. If the	30931
board assumes the physician's duty to pay a loan, the contract	30932
shall set forth the total amount of principal and interest to be	30933
paid, an amortization schedule, and the amount of each payment to	30934
be made under the schedule.	30935

Sec. 3702.83. The department of health shall administer a	30936
program, to be known as the J-1 visa waiver program, for	30937
recruiting physicians who received graduate medical education or	30938
training in the United States but are not citizens of the United	30939
States to serve in areas of the state designated by the United	30940
States secretary of health and human services as health	30941
professional shortage areas under the "Public Health Service Act,"	30942
88 Stat. 682 (1944), 42 U.S.C. 254(e), as amended. Under the	30943
program, the department of health shall accept and review	30944
applications for placement of persons seeking to remain in the	30945
United States pursuant to the "Immigration and Nationality Act,"	30946
66 Stat. 163 (1952), 8 U.S.C. 1182(J)(1) and 1184(l), as amended,	30947
by obtaining a waiver of the federal requirement that they return	30948
to their home countries for a minimum of two years after	30949
completing the graduate medical education or training for which	30950
they were admitted to the United States. The department shall	30951
administer the program in accordance with the "Immigration and	30952
Nationality Act" and the regulations adopted under it.	30953

For each application accepted for review under this section,	30954
the department shall charge a fee of three thousand five hundred	30955
seventy-one dollars. The fee is nonrefundable. All fees collected	30956
shall be deposited into the state treasury to the credit of	30957
general operations fund created in section 3701.83 of the Revised	30958
Code.	30959

Sec. 3703.01. (A) The division of industrial compliance in	30960
the department of commerce shall:	30961

(1) Inspect all nonresidential buildings within the meaning	30962
of section 3781.06 of the Revised Code;	30963

(2) Condemn all unsanitary or defective plumbing that is	30964
found in connection with those places;	30965

(3) Order changes in plumbing necessary to insure the safety	30966
of the public health.	30967

(B)(1) The division of industrial compliance and boards of	30968
health of city and general health districts shall not inspect	30969
plumbing or collect fees for inspecting plumbing in particular	30970
types of buildings in any municipal corporation that has been	30971
certified by the board of building standards under section 3781.10	30972
of the Revised Code to exercise enforcement authority for plumbing	30973
in such types of buildings.	30974

(2) The division shall not inspect plumbing or collect fees	30975
for inspecting plumbing in particular types of buildings in any	30976
health district that has employed one or more approved plumbing	30977
inspectors to enforce Chapters 3781. and 3791. of the Revised Code	30978
and the rules adopted pursuant to those chapters relating to	30979
plumbing in such types of buildings.	30980

(3) A municipal corporation does not have jurisdiction to	30981
inspect plumbing or collect fees for the inspection of plumbing in	30982
types of buildings for which it has not been certified by the	30983
board of building standards under section 3781.10 of the Revised	30984
Code to exercise enforcement authority.	30985

(4) A board of health of a health district does not have	30986
jurisdiction to inspect plumbing or collect fees for the	30987
inspection of plumbing in types of buildings for which it does not	30988
have an approved plumbing inspector.	30989

(C) The superintendent of industrial compliance shall adopt	30990
rules prescribing minimum qualifications based on education,	30991
training, experience, or demonstrated ability, which the ~~director~~	30992
superintendent shall use in ~~approving~~certifying or recertifying	30993
plumbing inspectors to do plumbing inspections for health	30994
districts and for continuing education of plumbing inspectors.	30995
Such minimum qualifications shall be related to the types of	30996
buildings for which a person seeks approval.	30997

(D) The superintendent may enter into reciprocal	30998
registration, licensure, or certification agreements with other	30999
states and other agencies of this state relative to plumbing	31000
inspectors if both of the following apply:	31001

(1) The requirements for registration, licensure, or	31002
certification of plumbing inspectors under the laws of the other	31003
state or laws administered by the other agency are substantially	31004
equal to the requirements the superintendent adopts under division	31005
(C) of this section for certifying plumbing inspectors.	31006

(2) The other state or agency extends similar reciprocity to	31007
persons certified under this chapter.	31008

(E) The superintendent may select and contract with one or	31009
more persons to do all of the following regarding examinations for	31010
certification of plumbing inspectors:	31011

(1) Prepare, administer, score, and maintain the	31012
confidentiality of the examination;	31013

(2) Maintain responsibility for all expenses required to	31014
comply with division (E)(1) of this section;	31015

(3) Charge each applicant a fee for administering the	31016
examination in an amount the superintendent authorizes;	31017

(4) Design the examination for certification of plumbing	31018
inspectors to determine an applicant's competence to inspect	31019
plumbing.	31020

(F) Standards and methods prescribed in local plumbing	31021
regulations shall not be less than those prescribed in Chapters	31022
3781. and 3791. of the Revised Code and the rules adopted pursuant	31023
to those chapters.	31024

~~(E)~~(G) Notwithstanding any other provision of this section,	31025
the division shall make a plumbing inspection of any building or	31026
other place that there is reason to believe is in a condition to	31027
be a menace to the public health.	31028

Sec. 3703.03. In the administration of sections 3703.01 to	31029
3703.09 of the Revised Code, the division of industrial compliance	31030
~~in the department of commerce~~ shall enforce rules governing	31031
plumbing adopted by the board of building standards under	31032
authority of sections 3781.10 and 3781.11 of the Revised Code, and	31033
register those persons engaged in or at the plumbing business.	31034

Plans and specifications for all plumbing to be installed in	31035
or for buildings coming within such sections shall be submitted to	31036
and approved by the division before the contract for plumbing is	31037
let.	31038

Sec. 3703.04. The ~~director~~superintendent of ~~commerce~~	31039
industrial compliance shall appoint such number of plumbing	31040
inspectors as is required. The inspectors shall be practical	31041
plumbers with at least seven years' experience, and skilled and	31042
well-trained in matters pertaining to sanitary regulations	31043
concerning plumbing work.	31044

~~No plumbing inspector employed by the department and assigned~~	31045
~~to the enforcement of this chapter shall be engaged or interested~~	31046
~~in the plumbing business or the sale of any plumbing supplies, nor~~	31047
~~shall the inspector act as agent, directly or indirectly, for any~~	31048
~~person so engaged.~~	31049

Sec. 3703.05. Plumbing inspectors employed by the ~~department~~	31050
division of ~~commerce~~industrial compliance assigned to the	31051
enforcement of sections 3703.01 to 3703.09 of the Revised Code,	31052
may, between sunrise and sunset, enter any building where there is	31053
good and sufficient reason to believe that the sanitary condition	31054
of the premises endangers the public health, for the purpose of	31055
making an inspection to ascertain the condition of the premises.	31056

Sec. 3703.06. When any building is found to be in a sanitary	31057
condition or when changes which are ordered, under authority of	31058
this chapter, in the plumbing, drainage, or ventilation have been	31059
made, and after a thorough inspection and approval by the ~~division~~	31060
superintendent of industrial compliance ~~in the department of~~	31061
~~commerce~~, the ~~division~~superintendent shall issue a certificate	31062
~~signed by the superintendent of the division of industrial~~	31063
~~compliance~~, which ~~must~~shall be posted in a conspicuous place for	31064
the benefit of the public at large. Upon notification by the	31065
superintendent, the certificate shall be revoked for any violation	31066
of those sections.	31067

Sec. 3703.07. No plumbing work shall be done in any building	31068
or place coming within the jurisdiction of the ~~department~~division	31069
of ~~commerce~~industrial compliance, except in cases of repairs or	31070
leaks in existing plumbing, until a permit has been issued by the	31071
~~department~~division.	31072

Before granting such permit, an application shall be made by	31073
the owner of the property or by the person, firm, or corporation	31074
which is to do the work. The application shall be made on a form	31075
prepared by the ~~department~~division for the purpose, and each	31076
application shall be accompanied by a fee of twenty-seven dollars,	31077
and an additional fee of seven dollars for each trap, vented	31078
fixture, appliance, or device. Each application also shall be	31079
accompanied by a plan approval fee of eighteen dollars for work	31080
containing one through twenty fixtures; thirty-six dollars for	31081
work containing twenty-one through forty fixtures; and fifty-four	31082
dollars for work containing forty-one or more fixtures.	31083

Whenever a reinspection is made necessary by the failure of	31084
the applicant or plumbing contractor to have the work ready for	31085
inspection when so reported, or by reason of faulty or improper	31086
installation, the person shall pay a fee of forty-five dollars for	31087
each reinspection.	31088

All fees collected pursuant to this section shall be paid	31089
into the state treasury to the credit of the industrial compliance	31090
operating fund created in section 121.084 of the Revised Code.	31091

The ~~director~~superintendent of ~~commerce~~industrial	31092
compliance, by rule adopted in accordance with Chapter 119. of the	31093
Revised Code, may increase the fees required by this section and	31094
may establish fees to pay the costs of the division to fulfill its	31095
duties established by this chapter, including, but not limited to,	31096
fees for administering a program for continuing education for, and	31097
certifying and recertifying plumbing inspectors. The fees shall	31098
bear some reasonable relationship to the cost of administering and	31099
enforcing the provisions of this chapter.	31100

Sec. 3703.08. Any owner, agent, or manager, of a building in	31101
which an inspection is made by the ~~department~~division of ~~commerce~~	31102
industrial compliance, a board of health of a health district, or	31103
a certified department of building inspection of a municipal	31104
corporation, shall have the entire system of drainage and	31105
ventilation repaired, as the ~~department of commerce~~division,	31106
board of health, or department of building inspection directs by	31107
its order. After due notice to repair such work is given, the	31108
owner, agent, or manager shall notify the public authority that	31109
issued the order when the work is ready for its inspection. No	31110
person shall fail to have the work ready for inspection at the	31111
time specified in the notice.	31112

Sec. 3703.10. All prosecutions and proceedings by the	31113
~~department~~division of ~~commerce~~industrial compliance for the	31114
violation of sections 3703.01 to 3703.09 of the Revised Code, or	31115
for the violation of any of the orders or rules of the ~~department~~	31116
division under those sections, shall be instituted by the ~~director~~	31117
superintendent of ~~commerce~~industrial compliance. All fines or	31118
judgments collected by the ~~department~~division shall be paid into	31119
the state treasury to the credit of the industrial compliance	31120
operating fund created by section 121.084 of the Revised Code.	31121

The ~~director~~superintendent, the board of health of a general	31122
or city health district, or any person charged with enforcing the	31123
rules of the ~~department~~division adopted under sections 3703.01 to	31124
3703.09 of the Revised Code may petition the court of common pleas	31125
for injunctive or other appropriate relief requiring any person	31126
violating a rule adopted or order issued by the ~~director~~	31127
superintendent under those sections to comply with the rule or	31128
order. The court of common pleas of the county in which the	31129
offense is alleged to be occurring may grant injunctive or other	31130
appropriate relief.	31131

The superintendent may do all of the following:

31132

(A) Deny an applicant certification as a plumbing inspector;

31133

(B) Suspend or revoke the certification of a plumbing	31134
inspector;	31135

31136

(D) Examine the records and books of any certified plumbing	31137
inspector if the superintendent finds the material to be examined	31138
relevant to a determination described in division (A), (B), or (C)	31139
of this section.	31140

Sec. 3703.99. Whoever violates sections 3703.01 to 3703.09	31141
of the Revised Code, or any rule the ~~department~~division of	31142
~~commerce~~industrial compliance is required to enforce under such	31143
sections, shall be fined not less than ten nor more than one	31144
hundred dollars or imprisoned for not less than ten nor more than	31145
ninety days, or both. No person shall be imprisoned under this	31146
section for the first offense, and the prosecution always shall be	31147
as for a first offense unless the affidavit upon which the	31148
prosecution is instituted contains the allegation that the offense	31149
is a second or repeated offense.	31150

Sec. 3705.24. (A)(1) The public health council shall, in	31151
accordance with section 111.15 of the Revised Code, adopt rules	31152
prescribing fees for the following services provided by the state	31153
office of vital statistics:	31154

(a) Except as provided in division (A)(4) of this section:

31155

(i) A certified copy of a vital record or a certification of	31156
birth;	31157

(ii) A search by the office of vital statistics of its files	31158
and records pursuant to a request for information, regardless of	31159
whether a copy of a record is provided;	31160

(iii) A copy of a record provided pursuant to a request;

31161

(b) Replacement of a birth certificate following an adoption,	31162
legitimation, paternity determination or acknowledgement, or court	31163
order;	31164

31165

(d) Amendment of a vital record that is requested later than	31166
one year after the filing date of the vital record;	31167

(e) Any other documents or services for which the public	31168
health council considers the charging of a fee appropriate.	31169

(2) Fees prescribed under division (A)(1)(a) of this section	31170
shall not be less than seven dollars.	31171

(3) Fees prescribed under division (A)(1) of this section	31172
shall be collected in addition to any ~~fee~~fees required by ~~section~~	31173
sections 3109.14 and 3705.242 of the Revised Code.	31174

(4) Fees prescribed under division (A) of this section shall	31175
not apply to certifications issued under division (H) of this	31176
section or copies provided under section 3705.241 of the Revised	31177
Code.	31178

(B) In addition to the fees prescribed under division (A) of	31179
this section or section 3709.09 of the Revised Code, the office of	31180
vital statistics or the board of health of a city or general	31181
health district shall charge a five-dollar fee for each certified	31182
copy of a vital record and each certification of birth. This fee	31183
shall be deposited in the general operations fund created under	31184
section 3701.83 of the Revised Code and be used solely toward the	31185
modernization and automation of the system of vital records in	31186
this state. A board of health shall forward all fees collected	31187
under this division to the department of health not later than	31188
thirty days after the end of each calendar quarter.	31189

(C) Except as otherwise provided in division (H) of this	31190
section, and except as provided in section 3705.241 of the Revised	31191
Code, fees collected by the director of health under sections	31192
3705.01 to 3705.29 of the Revised Code shall be paid into the	31193
state treasury to the credit of the general operations fund	31194
created by section 3701.83 of the Revised Code. Except as provided	31195
in division (B) of this section, money generated by the fees shall	31196
be used only for administration and enforcement of this chapter	31197
and the rules adopted under it. Amounts submitted to the	31198
department of health for copies of vital records or services in	31199
excess of the fees imposed by this section shall be dealt with as	31200
follows:	31201

(1) An overpayment of two dollars or less shall be retained	31202
by the department and deposited in the state treasury to the	31203
credit of the general operations fund created by section 3701.83	31204
of the Revised Code.	31205

(2) An overpayment in excess of two dollars shall be returned	31206
to the person who made the overpayment.	31207

(D) If a local registrar is a salaried employee of a city or	31208
a general health district, any fees the local registrar receives	31209
pursuant to section 3705.23 of the Revised Code shall be paid into	31210
the general fund of the city or the health fund of the general	31211
health district.	31212

Each local registrar of vital statistics, or each health	31213
district where the local registrar is a salaried employee of the	31214
district, shall be entitled to a fee for each birth, fetal death,	31215
death, or military service certificate properly and completely	31216
made out and registered with the local registrar or district and	31217
correctly copied and forwarded to the office of vital statistics	31218
in accordance with the population of the primary registration	31219
district at the last federal census. The fee for each birth, fetal	31220
death, death, or military service certificate shall be:	31221

(1) In primary registration districts of over two hundred	31222
fifty thousand, twenty cents;	31223

(2) In primary registration districts of over one hundred	31224
twenty-five thousand and less than two hundred fifty thousand,	31225
sixty cents;	31226

(3) In primary registration districts of over fifty thousand	31227
and less than one hundred twenty-five thousand, eighty cents;	31228

(4) In primary registration districts of less than fifty	31229
thousand, one dollar.	31230

(E) The director of health shall annually certify to the	31231
county treasurers of the several counties the number of birth,	31232
fetal death, death, and military service certificates registered	31233
from their respective counties with the names of the local	31234
registrars and the amounts due each registrar and health district	31235
at the rates fixed in this section. Such amounts shall be paid by	31236
the treasurer of the county in which the registration districts	31237
are located. No fees shall be charged or collected by registrars	31238
except as provided by this chapter and section 3109.14 of the	31239
Revised Code.	31240

(F) A probate judge shall be paid a fee of fifteen cents for	31241
each certified abstract of marriage prepared and forwarded by the	31242
probate judge to the department of health pursuant to section	31243
3705.21 of the Revised Code. The fee shall be in addition to the	31244
fee paid for a marriage license and shall be paid by the	31245
applicants for the license.	31246

(G) The clerk of a court of common pleas shall be paid a fee	31247
of one dollar for each certificate of divorce, dissolution, and	31248
annulment of marriage prepared and forwarded by the clerk to the	31249
department pursuant to section 3705.21 of the Revised Code. The	31250
fee for the certified abstract of divorce, dissolution, or	31251
annulment of marriage shall be added to the court costs allowed in	31252
these cases.	31253

(H) The fee for an heirloom certification of birth issued	31254
pursuant to division (B)(2) of section 3705.23 of the Revised Code	31255
shall be an amount prescribed by rule by the director of health	31256
plus any fee required by section 3109.14 of the Revised Code. In	31257
setting the amount of the fee, the director shall establish a	31258
surcharge in addition to an amount necessary to offset the expense	31259
of processing heirloom certifications of birth. The fee prescribed	31260
by the director of health pursuant to this division shall be	31261
deposited into the state treasury to the credit of the heirloom	31262
certification of birth fund which is hereby created. Money	31263
credited to the fund shall be used by the office of vital	31264
statistics to offset the expense of processing heirloom	31265
certifications of birth. However, the money collected for the	31266
surcharge, subject to the approval of the controlling board, shall	31267
be used for the purposes specified by the family and children	31268
first council pursuant to section 121.37 of the Revised Code.	31269

Sec. 3705.242. (A)(1) The director of health, a person	31270
authorized by the director, a local commissioner of health, or a	31271
local registrar of vital statistics shall charge and collect a fee	31272
of one dollar and fifty cents for each certified copy of a birth	31273
record, each certification of birth, and each copy of a death	31274
record. The fee is in addition to the fee imposed by section	31275
3705.24 or any other section of the Revised Code. A local	31276
commissioner of health or local registrar of vital statistics may	31277
retain an amount of each additional fee collected, not to exceed	31278
three per cent of the amount of the additional fee, to be used for	31279
costs directly related to the collection of the fee and the	31280
forwarding of the fee to the treasurer of state.	31281

(2) On the filing of a divorce decree under section 3105.10	31282
or a decree of dissolution under section 3105.65 of the Revised	31283
Code, a court of common pleas shall charge and collect a fee of	31284
five dollars and fifty cents. The fee is in addition to any other	31285
court costs or fees. The county clerk of courts may retain an	31286
amount of each additional fee collected, not to exceed three per	31287
cent of the amount of the additional fee, to be used for costs	31288
directly related to the collection of the fee and the forwarding	31289
of the fee to the treasurer of state.	31290

(B) The additional fees collected, but not retained, under	31291
this section during each month shall be forwarded not later than	31292
the tenth day of the immediately following month to the treasurer	31293
of state, who shall deposit the fees in the state treasury to the	31294
credit of the family violence prevention fund, which is hereby	31295
created. A person or government entity that fails to forward the	31296
fees in a timely manner, as determined by the treasurer of state,	31297
shall forward to the treasurer of state, in addition to the fees,	31298
a penalty equal to ten per cent of the fees.	31299

The treasurer of state shall invest the moneys in the fund.	31300
All earnings resulting from investment of the fund shall be	31301
credited to the fund, except that actual administration costs	31302
incurred by the treasurer of state in administering the fund may	31303
be deducted from the earnings resulting from investments. The	31304
amount that may be deducted shall not exceed three per cent of the	31305
total amount of fees credited to the fund in each fiscal year. The	31306
balance of the investment earnings shall be credited to the fund.	31307

(C) The director of public safety shall use money credited to	31308
the fund to provide grants to family violence shelters in Ohio.	31309

Sec. 3709.29. If the estimated amount of money necessary to	31310
meet the expenses of a general health district program will not be	31311
forthcoming to the board of health of ~~such~~the district out of the	31312
district health fund because the taxes within the ten-mill	31313
limitation will be insufficient, the board of health shall certify	31314
~~the fact of such~~that there is an insufficiency of funds for the	31315
program to the board of county commissioners of the county in	31316
which ~~such~~the district is located. ~~Such~~The board of county	31317
commissioners is ~~hereby ordained~~considered to be a special taxing	31318
authority for the purposes of this section only, and,	31319
notwithstanding any other law to the contrary, the board of county	31320
commissioners of any county in which a general health district is	31321
located is the taxing authority for ~~such~~a special levy under this	31322
section outside the ten-mill limitation. ~~The~~	31323

Upon receipt of the board of health's certification, the	31324
board of county commissioners ~~shall thereupon~~, in the year	31325
preceding that in which ~~such~~the general health district program	31326
will be effective, by vote of two-thirds of all the members of	31327
that body, shall declare by resolution that the amount of taxes	31328
~~which~~that may be raised within the ten-mill limitation will be	31329
insufficient to provide an adequate amount for the necessary	31330
requirements of ~~such~~the district within the county, and that it	31331
is necessary to levy a tax in excess of ~~such~~the limitation in	31332
order to provide the board of health with sufficient funds to	31333
carry out ~~such health~~the program, including its costs of office	31334
space and utilities. ~~Such~~The resolution shall be filed with the	31335
board of elections not later than four p.m. of the seventy-fifth	31336
day before the day of the relevant primary or general election.	31337

~~Such resolution~~and shall specify the amount of increase in	31338
rate ~~which~~that it is necessary to levy and the number of years	31339
during which ~~such~~the increase ~~shall~~will be in effect, which	31340
shall not be for a longer period than ten years. The	31341

~~The~~ resolution shall conform to section 5705.191 of the	31342
Revised Code and be certified and submitted in the manner provided	31343
in section 5705.25 of the Revised Code, provided that the proposal	31344
shall be placed on the ballot at the next primary or general	31345
election occurring more than seventy-five days after the	31346
resolution is filed with the board of elections.	31347

Sec. 3709.34. (A) The ~~board of county commissioners or the~~	31348
legislative authority of any city may furnish suitable quarters	31349
for any board of health or health department having jurisdiction	31350
over all or a major part of ~~such county or~~that city.	31351

(B)(1) Subject to division (B)(6) of this section, through	31352
fiscal year 2005, the board of county commissioners shall provide	31353
office space and utilities for the board of health having	31354
jurisdiction over the county's general health district.	31355
Thereafter, subject to division (B)(6) of this section, the board	31356
of county commissioners shall make payments as provided in	31357
divisions (B)(2) and (3) of this section for the office space and	31358
utilities until fiscal year 2010. Starting in fiscal year 2010,	31359
the board has no duty to provide office space or utilities, or to	31360
make payments for office space or utilities, for the board of	31361
health of the county's general health district.	31362

(2)(a) Not later than the thirtieth day of September 2005,	31363
2006, 2007, and 2008, the board of county commissioners shall make	31364
a written estimate of the total cost for the ensuing fiscal year	31365
to provide office space and utilities to the board of health of	31366
the county's general health district. The estimate of total cost	31367
shall include all of the following:	31368

(i) The total square feet of space to be used by the board of	31369
health;	31370

(ii) The total square feet of any common areas that should be	31371
reasonably allocated to the board of health and the method for	31372
making this allocation;	31373

(iii) The actual cost per square foot for both the space used	31374
by and the common areas allocated to the board of health;	31375

(iv) An explanation of the method used to determine the	31376
actual cost per square foot;	31377

(v) The estimated cost of providing utilities, including an	31378
explanation of how this cost was determined;	31379

(vi) Any other estimated costs the board of county	31380
commissioners anticipates will be incurred to provide office space	31381
and utilities to the board of health, including a detailed	31382
explanation of those costs and the rationale used to determine	31383
them.	31384

(b) The board of county commissioners shall forward a copy of	31385
the estimate of total cost to the director of the board of health	31386
not later than the fifth day of October 2005, 2006, 2007, and	31387
2008. The director shall review the estimate and notify the board	31388
of county commissioners not later than twenty days after its	31389
receipt of either agreement with it or any specific objections to	31390
it and the reasons for the objections. If the director agrees with	31391
the estimate, it shall become the final estimate of total cost.	31392
Failure of the director to make objections to the estimate by the	31393
twentieth day after its receipt shall be deemed to mean that the	31394
director is in agreement with the estimate.	31395

If the director timely provides specific objections to the	31396
board of county commissioners, the board shall review the	31397
objections and may modify the original estimate and send a revised	31398
estimate of total cost to the director within ten days after	31399
receipt of the objections. The director shall respond to a revised	31400
estimate within ten days after its receipt. If the director agrees	31401
with it, the revised estimate shall become the final estimate of	31402
total cost. If the director fails to respond within the ten-day	31403
period, the director shall be deemed to have agreed with the	31404
revised estimate. If the director disagrees with the revised	31405
estimate, the director shall send specific objections to the board	31406
of county commissioners within the ten-day period.	31407

(c) If the director sends specific objections to a revised	31408
estimate within the required time, or if there is no revised	31409
estimate and the director timely objected to the original	31410
estimate, the probate judge of the county shall determine the	31411
final estimate of total cost and certify this amount to the	31412
director and the board of county commissioners before the first	31413
day of January 2006, 2007, 2008, or 2009, as applicable.	31414

(3)(a) Subject to division (B)(6) of this section, a board of	31415
county commissioners shall be responsible for the following	31416
percentages of the final estimate of total cost established by	31417
division (B)(2) of this section:	31418

(i) Eighty per cent for fiscal year 2006;

31419

(ii) Sixty per cent for fiscal year 2007;

31420

(iii) Forty per cent for fiscal year 2008;

31421

(iv) Twenty per cent for fiscal year 2009.

31422

(b) In fiscal years 2006, 2007, 2008, and 2009, the board of	31423
health of the county's general health district shall be	31424
responsible for the payment of the remainder of any costs incurred	31425
in excess of the amount payable under division (B)(3)(a)(i), (ii),	31426
(iii), or (iv) of this section, as applicable, for the provision	31427
of office space and utilities for the board of health, including	31428
any unanticipated or unexpected increases in costs beyond the	31429
final estimate of total cost.	31430

(c) Beginning in fiscal year 2010, the board of county	31431
commissioners has no obligation to provide office space or	31432
utilities, or to make payments for office space or utilities, for	31433
the board of health.	31434

(4) After fiscal year 2009, the board of county commissioners	31435
and the board of health of the county's general health district	31436
may enter into a contract for the board of county commissioners to	31437
provide office space for the use of the board of health and to	31438
provide utilities for that office space. The term of any such	31439
contract shall not exceed four years and may be renewed for	31440
additional periods not to exceed four years.	31441

(5) In any fiscal year, notwithstanding any contrary	31442
provision of divisions (B)(1) to (4) of this section, the board of	31443
county commissioners, in its discretion, may provide office space	31444
and utilities for the board of health of the county's general	31445
health district free of charge.	31446

(6) If the board of health of a general health district	31447
rents, leases, lease-purchases, or otherwise acquires office space	31448
to facilitate the performance of its functions, or constructs,	31449
enlarges, renovates, or otherwise modifies buildings or other	31450
structures to provide office space to facilitate the performance	31451
of its functions, the board of county commissioners of the county	31452
served by the general health district has no further obligation	31453
under division (B) of this section to provide office space or	31454
utilities, or to make payments for office space or utilities, for	31455
the board of health, unless the board of county commissioners	31456
enters into a contract under division (B)(4) of this section or	31457
exercises its option under division (B)(5) of this section.	31458

Sec. 3712.03. (A) In accordance with Chapter 119. of the	31459
Revised Code, the public health council shall adopt, and may amend	31460
and rescind, rules:	31461

(1) Providing for the licensing of persons or public agencies	31462
providing hospice care programs within this state by the	31463
department of health and for the suspension and revocation of	31464
licenses;	31465

(2) Establishing a license fee and license renewal fee not to	31466
exceed three hundred dollars. The fees shall cover the three-year	31467
period during which an existing license is valid as provided in	31468
division (B) of section 3712.04 of the Revised Code.	31469

(3) Establishing an inspection fee not to exceed one thousand	31470
seven hundred fifty dollars;	31471

(4) Establishing requirements for hospice care program	31472
facilities and services;	31473

~~(4)~~(5) Providing for a waiver of the requirement for the	31474
provision of physical, occupational, or speech or language therapy	31475
contained in division (A)(2) of section 3712.01 of the Revised	31476
Code when the requirement would create a hardship because such	31477
therapy is not readily available in the geographic area served by	31478
the provider of a hospice care program;	31479

~~(5)~~(6) Providing for the granting of licenses to provide	31480
hospice care programs to persons and public agencies that are	31481
accredited or certified to provide such programs by an entity	31482
whose standards for accreditation or certification equal or exceed	31483
those provided for licensure under this chapter and rules adopted	31484
under it; and	31485

~~(6)~~(7) Establishing interpretive guidelines for each rule.

31486

(B) Subject to the approval of the controlling board, the	31487
public health council may establish fees in excess of the amounts	31488
provided by sections 3712.01 and 3712.03 to 3712.06 of the Revised	31489
Code, provided that the fees do not exceed those amounts by	31490
greater than fifty per cent.	31491

31492

(1) Grant, suspend, and revoke licenses for hospice care	31493
programs in accordance with this chapter and rules adopted under	31494
it;	31495

(2) Make such inspections as are necessary to determine	31496
whether hospice care program facilities and services meet the	31497
requirements of this chapter and rules adopted under it; and	31498

(3) Implement and enforce this chapter and rules adopted	31499
under it.	31500

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	31501
health and the environmental protection agency in administering	31502
and enforcing this chapter and rules adopted under it, there is	31503
hereby levied on the disposal of construction and demolition	31504
debris at a construction and demolition debris facility that is	31505
licensed under this chapter or at a solid waste facility that is	31506
licensed under Chapter 3734. of the Revised Code a fee of thirty	31507
cents per cubic yard or sixty cents per ton, as applicable.	31508

(2) The owner or operator of a construction and demolition	31509
debris facility or a solid waste facility shall determine if cubic	31510
yards or tons will be used as the unit of measurement. In	31511
estimating the fee based on cubic yards, the owner or operator	31512
shall utilize either the maximum cubic yard capacity of the	31513
container, or the hauling volume of the vehicle, that transports	31514
the construction and demolition debris to the facility or the	31515
cubic yards actually logged for disposal by the owner or operator	31516
in accordance with rules adopted under section 3714.02 of the	31517
Revised Code. If basing the fee on tonnage, the owner or operator	31518
shall use certified scales to determine the tonnage of	31519
construction and demolition debris that is transported to the	31520
facility for disposal.	31521

(3) The owner or operator of a construction and demolition	31522
debris facility or a solid waste facility shall collect the fee	31523
levied under division (A) of this section as a trustee for the	31524
health district having jurisdiction over the facility, if that	31525
district is on the approved list under section 3714.09 of the	31526
Revised Code, or for the state. The owner or operator shall	31527
prepare and file with the appropriate board of health or the	31528
director of environmental protection monthly returns indicating	31529
the total volume or weight, as applicable, of construction and	31530
demolition debris received for disposal at the facility and the	31531
total amount of money required to be collected on the construction	31532
and demolition debris disposed of during that month. Not later	31533
than thirty days after the last day of the month to which the	31534
return applies, the owner or operator shall mail to the board of	31535
health or the director the return for that month together with the	31536
money required to be collected on the construction and demolition	31537
debris disposed of during that month. The owner or operator may	31538
request, in writing, an extension of not more than thirty days	31539
after the last day of the month to which the return applies. A	31540
request for extension may be denied. If the owner or operator	31541
submits the money late, the owner or operator shall pay a penalty	31542
of ten per cent of the amount of the money due for each month that	31543
it is late.	31544

(4) Of the money that is collected from a construction and	31545
demolition debris facility or a solid waste facility on a per	31546
cubic yard or per ton basis under this section, a board of health	31547
shall transmit three cents per cubic yard or six cents per ton, as	31548
applicable, to the director not later than forty-five days after	31549
the receipt of the money. The money retained by a board of health	31550
under this section shall be paid into a special fund, which is	31551
hereby created in each health district, and used solely to	31552
administer and enforce this chapter and rules adopted under it.	31553

The director shall transmit all money received from the	31554
boards of health of health districts under this section and all	31555
money from the disposal fee collected by the director under this	31556
section to the treasurer of state to be credited to the	31557
construction and demolition debris facility oversight fund, which	31558
is hereby created in the state treasury. The fund shall be	31559
administered by the director, and money credited to the fund shall	31560
be used exclusively for the administration and enforcement of this	31561
chapter and rules adopted under it.	31562

(B) The board of health of a health district or the director	31563
may enter into an agreement with the owner or operator of a	31564
construction and demolition debris facility or a solid waste	31565
facility for the quarterly payment of the money collected from the	31566
disposal fee. The board of health shall notify the director of any	31567
such agreement. Not later than forty-five days after receipt of	31568
the quarterly payment, the board of health shall transmit the	31569
amount established in division (A)~~(5)~~(4) of this section to the	31570
director. The money retained by the board of health shall be	31571
deposited in the special fund of the district as required under	31572
that division. Upon receipt of the money from a board of health,	31573
the director shall transmit the money to the treasurer of state to	31574
be credited to the construction and demolition debris facility	31575
oversight fund.	31576

(C) If a construction and demolition debris facility or a	31577
solid waste facility is located within the territorial boundaries	31578
of a municipal corporation or the unincorporated area of a	31579
township, the municipal corporation or township may appropriate up	31580
to four cents per cubic yard or up to eight cents per ton of the	31581
disposal fee required to be paid by the facility under division	31582
(A) of this section for the same purposes that a municipal	31583
corporation or township may levy a fee under division (C) of	31584
section 3734.57 of the Revised Code.	31585

The legislative authority of the municipal corporation or	31586
township may appropriate the money from the fee by enacting an	31587
ordinance or adopting a resolution establishing the amount of the	31588
fee to be appropriated. Upon doing so, the legislative authority	31589
shall mail a certified copy of the ordinance or resolution to the	31590
board of health of the health district in which the construction	31591
and demolition debris facility or the solid waste facility is	31592
located or, if the facility is located in a health district that	31593
is not on the approved list under section 3714.09 of the Revised	31594
Code, to the director. Upon receipt of the copy of the ordinance	31595
or resolution and not later than forty-five days after receipt of	31596
money collected from the fee, the board or the director, as	31597
applicable, shall transmit to the treasurer or other appropriate	31598
officer of the municipal corporation or clerk of the township that	31599
portion of the money collected from the disposal fee by the owner	31600
or operator of the facility that is required by the ordinance or	31601
resolution to be paid to that municipal corporation or township.	31602

Money received by the treasurer or other appropriate officer	31603
of a municipal corporation under this division shall be paid into	31604
the general fund of the municipal corporation. Money received by	31605
the clerk of a township under this division shall be paid into the	31606
general fund of the township. The treasurer or other officer of	31607
the municipal corporation or the clerk of the township, as	31608
appropriate, shall maintain separate records of the money received	31609
under this division.	31610

The legislative authority of a municipal corporation or	31611
township may cease collecting money under this division by	31612
repealing the ordinance or resolution that was enacted or adopted	31613
under this division.	31614

(D) The board of county commissioners of a county in which a	31615
construction and demolition debris facility or a solid waste	31616
facility is located may appropriate up to three cents per cubic	31617
yard or up to six cents per ton of the disposal fee required to be	31618
paid by the facility under division (A) of this section for the	31619
same purposes that a solid waste management district may levy a	31620
fee under division (B) of section 3734.57 of the Revised Code.	31621

The board of county commissioners may appropriate the money	31622
from the fee by adopting a resolution establishing the amount of	31623
the fee to be appropriated. Upon doing so, the board of county	31624
commissioners shall mail a certified copy of the resolution to the	31625
board of health of the health district in which the construction	31626
and demolition debris facility or the solid waste facility is	31627
located or, if the facility is located in a health district that	31628
is not on the approved list under section 3714.09 of the Revised	31629
Code, to the director. Upon receipt of the copy of the resolution	31630
and not later than forty-five days after receipt of money	31631
collected from the fee, the board of health or the director, as	31632
applicable, shall transmit to the treasurer of the county that	31633
portion of the money collected from the disposal fee by the owner	31634
or operator of the facility that is required by the resolution to	31635
be paid to that county.	31636

Money received by a county treasurer under this division	31637
shall be paid into the general fund of the county. The county	31638
treasurer shall maintain separate records of the money received	31639
under this division.	31640

A board of county commissioners may cease collecting money	31641
under this division by repealing the resolution that was adopted	31642
under this division.	31643

(E)(1) This section does not apply to the disposal of	31644
construction and demolition debris at a solid waste facility that	31645
is licensed under Chapter 3734. of the Revised Code if there is no	31646
construction and demolition debris facility licensed under this	31647
chapter within ~~forty~~thirty-five miles of the solid waste facility	31648
as determined by a facility's property boundaries.	31649

(2) This section does not apply to the disposal of	31650
construction and demolition debris at a solid waste facility that	31651
is licensed under Chapter 3734. of the Revised Code if the owner	31652
or operator of the facility chooses to collect fees on the	31653
disposal of the construction and demolition debris that are	31654
identical to the fees that are collected under Chapters 343. and	31655
3734. of the Revised Code on the disposal of solid wastes at that	31656
facility.	31657

Sec. 3714.073. (A) In addition to the fee levied under	31658
division (A)(1) of section 3714.07 of the Revised Code, beginning	31659
July 1, 2005, there is hereby levied on the disposal of	31660
construction and demolition debris at a construction and	31661
demolition debris facility that is licensed under this chapter or	31662
at a solid waste facility that is licensed under Chapter 3734. of	31663
the Revised Code a fee of twelve and one-half cents per cubic yard	31664
or twenty-five cents per ton, as applicable.	31665

(B) The owner or operator of a construction and demolition	31666
debris facility or a solid waste facility, as a trustee of the	31667
state, shall collect the fee levied under this section and remit	31668
the money from the fee in the manner that is established in	31669
divisions (A)(2) and (3) of section 3714.07 of the Revised Code	31670
for the fee that is levied under division (A)(1) of that section.	31671

(C) Of the money that is collected from a construction and	31672
demolition debris facility or a solid waste facility and remitted	31673
to a board of health or the director of environmental protection,	31674
as applicable, pursuant to this section, the board or the director	31675
shall transmit the money to the treasurer of state to be credited	31676
to the soil and water conservation district assistance fund	31677
created in section 1515.14 of the Revised Code.	31678

Sec. 3715.04. (A) As used in this section:

31679

(1) "Certificate of health and freesale" means a document	31680
issued by the director of agriculture that certifies to states and	31681
countries receiving products that the products have been produced	31682
and warehoused in this state under sanitary conditions at a food	31683
processing establishment or at a place of business of a	31684
manufacturer of over-the-counter drugs or cosmetics, as	31685
applicable, that has been inspected by the department of	31686
agriculture. Other names of documents that are synonymous with	31687
"certificate of health and freesale" include, but are not limited	31688
to, "sanitary certificate of health and freesale"; "certificate of	31689
origin"; "certificate of freesale"; "certificate of health and	31690
origin"; "certificate of freesale, sanitary and purity"; and	31691
"certificate of freesale, health and origin."	31692

(2) "Food processing establishment" has the same meaning as	31693
in section 3715.021 of the Revised Code.	31694

(B) Upon the request of a food processing establishment,	31695
manufacturer of over-the-counter drugs, or manufacturer of	31696
cosmetics, the director may issue a certificate of health and	31697
freesale after determining that conditions at the establishment or	31698
place of business of the manufacturer, as applicable, have been	31699
found to be sanitary through an inspection conducted pursuant to	31700
this chapter. For each certificate issued, the director shall	31701
charge the establishment or manufacturer a fee in the amount of	31702
twenty dollars. The director shall deposit all fees collected	31703
under this section to the credit of the food safety fund created	31704
in section 915.24 of the Revised Code.	31705

Sec. 3719.47. (A) As used in this section:

31706

(1) "Consumer product," "ephedrine," "ephedrine product,"	31707
"phenylpropanolamine," "phenylpropanolamine product," "proof of	31708
age," "pseudoephedrine," "pseudoephedrine product," "retailer,"	31709
and "single-ingredient preparation" have the same meanings as in	31710
section 2925.01 of the Revised Code.	31711

(2) "Drug," "licensed health professional authorized to	31712
prescribe drugs," "prescription," and "terminal distributor of	31713
dangerous drugs" have the same meanings as in section 4729.01 of	31714
the Revised Code.	31715

(3) "Pharmacist" means a person licensed under Chapter 4729.	31716
of the Revised Code to engage in the practice of pharmacy.	31717

(B) A retailer or terminal distributor of dangerous drugs	31718
that sells, offers to sell, holds for sale, delivers, or otherwise	31719
provides an ephedrine product, phenylphropanolamine products, and	31720
pseudoephedrine products to the public shall do all of the	31721
following:	31722

(1) Segregate ephedrine products, phenylpropanolamine	31723
products, and pseudoephedrine products from other merchandise so	31724
that no member of the public may procure or purchase such products	31725
without the direct assistance of a pharmacist or other authorized	31726
employee of the retailer or terminal distributor;	31727

(2) With regard to each time an ephedrine product,	31728
phenylpropanolamine product, or pseudoephedrine product is sold or	31729
otherwise provided:	31730

(a) Determine, by examination of a valid proof of age, that	31731
the purchaser or recipient is at least eighteen years of age;	31732

(b) Make a reasonable attempt to ensure that no individual	31733
purchases or receives within any thirty-day period an amount of	31734
ephedrine product, phenylpropanolamine product, or pseudoephedrine	31735
product that exceeds two packages of any one of those products or	31736
of any combination of those products, with neither package so sold	31737
or no combination of packages so sold, whichever is applicable,	31738
containing more than six grams of the product.	31739

(C)(1) Except as provided in division (C)(2) of this section,	31740
no retailer or terminal distributor of dangerous drugs shall	31741
knowingly sell, offer to sell, hold for sale, deliver, or	31742
otherwise provide to any individual within any thirty-day period	31743
an amount of ephedrine product, phenylpropanolamine product, or	31744
pseudoephedrine product that exceeds two packages of any one of	31745
those products or of any combination of those products, with	31746
neither package so sold or no combination of packages so sold,	31747
whichever is applicable, containing more than six grams of the	31748
product.	31749

(2) This division does not apply to any quantity of	31750
ephedrine product, phenylpropanolamine product, or pseudoephedrine	31751
product dispensed by a pharmacist pursuant to a valid prescription	31752
issued by a licensed health professional authorized to prescribe	31753
drugs.	31754

(D)(1) Except as provided in division (D)(2) of this section,	31755
no retailer or terminal distributor of dangerous drugs shall sell,	31756
offer to sell, hold for sale, deliver, or otherwise provide any	31757
ephedrine product, phenylpropanolamine product, or pseudoephedrine	31758
product to an individual who is under eighteen years of age.	31759

(2) Division (D)(1) of this section does not apply to any of	31760
the following:	31761

(a) A licensed health professional authorized to prescribe	31762
drugs or a pharmacist who dispenses, sells, or otherwise provides	31763
an ephedrine product, phenylpropanolamine product, or	31764
pseudoephedrine product to an individual under eighteen years of	31765
age;	31766

(b) A parent or guardian of an individual under eighteen	31767
years of age who provides an ephedrine product,	31768
phenylpropanolamine product, or pseudoephedrine product to the	31769
individual;	31770

(c) A person who, as authorized by the individual's parent or	31771
guardian, dispenses, sells, or otherwise provides an ephedrine	31772
product, phenylpropanolamine product, or pseudoephedrine product	31773
to an individual under eighteen years of age.	31774

(E) No employee of a retailer or terminal distributor of	31775
dangerous drugs who is under eighteen years of age shall sell,	31776
offer to sell, hold for sale, deliver, or otherwise provide any	31777
ephedrine product, phenylpropanolamine product, or pseudoephedrine	31778
product to any individual.	31779

(F) Prescriptions, orders, and records maintained pursuant to	31780
this section and stocks of ephedrine products, phenylpropanolamine	31781
products, or pseudoephedrine products shall be open for inspection	31782
to federal, state, county, and municipal officers, and employees	31783
of the state board of pharmacy whose duty it is to enforce the	31784
laws of this state or of the United States relating to controlled	31785
substances. Such prescriptions, orders, records, and stocks shall	31786
be open for inspection by the state medical board and its	31787
employees for purposes of enforcing Chapter 4731. of the Revised	31788
Code. No person having knowledge of any such prescription, order,	31789
or record shall divulge that knowledge, except in connection with	31790
a prosecution or proceeding in court or before a licensing board	31791
or officer, to which prosecution or proceeding the person to whom	31792
the prescriptions, orders, or records relate is a party.	31793

(G) The state board of pharmacy may, by rule adopted in	31794
accordance with Chapter 119. of the Revised Code, exempt from this	31795
section ephedrine products, phenylpropanolamine products, or	31796
pseudoephedrine products that the board finds are not used in the	31797
illegal manufacture of methamphetamine. The board may exempt an	31798
ephedrine product, phenylpropanolamine product, or pseudoephedrine	31799
product from this section if the product is determined by the	31800
board to have been formulated in such a way as to effectively	31801
prevent the conversion of the active ingredient into	31802
methamphetamine.	31803

Sec. 3719.48. (A) As used in this section, "consumer	31804
product," "ephedrine," "ephedrine product," "phenylpropanolamine,"	31805
"phenylpropanolamine product," "pseudoephedrine," "pseudoephedrine	31806
product," "retailer," and "single-ingredient preparation" have the	31807
same meanings as in section 2925.01 of the Revised Code.	31808

(B) Each retailer, terminal distributor of dangerous drugs,	31809
pharmacy, prescriber, or wholesaler that sells, offers to sell,	31810
holds for sale, delivers, or otherwise provides any ephedrine	31811
product, phenylpropanolamine product, or pseudoephedrine product	31812
and that discovers the theft or significant loss of more than six	31813
grams of any ephedrine product, phenylpropanolamine product, or	31814
pseudoephedrine product, or combination of those products,	31815
immediately shall notify the state board of pharmacy of the theft	31816
or loss. The retailer, terminal distributor, pharmacy, prescriber,	31817
or wholesaler initially shall make the report by telephone and,	31818
within thirty days after making that report, shall send a written	31819
report to the state board of pharmacy. The report shall identify	31820
the product that was stolen or lost, the amount of the product	31821
stolen or lost, and the date and time of the discovery of the	31822
theft or loss.	31823

(C) Upon receipt of a report under division (B) of this	31824
section made by telephone, the state board of pharmacy immediately	31825
shall notify all of the following of the theft or loss covered by	31826
the report:	31827

(1) The sheriff of the county in which is located the	31828
retailer, terminal distributor, pharmacy, prescriber, or	31829
wholesaler that made the report to the state board;	31830

(2) If the retailer, terminal distributor, pharmacy,	31831
prescriber, or wholesaler that made the report to the state board	31832
is located in a municipal corporation, the police department,	31833
marshal, or other law enforcement agency of that municipal	31834
corporation.	31835

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	31836
3721.99 of the Revised Code:	31837

(1)(a) "Home" means an institution, residence, or facility	31838
that provides, for a period of more than twenty-four hours,	31839
whether for a consideration or not, accommodations to three or	31840
more unrelated individuals who are dependent upon the services of	31841
others, including a nursing home, residential care facility, home	31842
for the aging, and a veterans' home operated under Chapter 5907.	31843
of the Revised Code.	31844

(b) "Home" also means both of the following:

31845

(i) Any facility that a person, as defined in section 3702.51	31846
of the Revised Code, proposes for certification as a skilled	31847
nursing facility or nursing facility under Title XVIII or XIX of	31848
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	31849
as amended, and for which a certificate of need, other than a	31850
certificate to recategorize hospital beds as described in section	31851
3702.522 of the Revised Code or division (R)(7)(d) of the version	31852
of section 3702.51 of the Revised Code in effect immediately prior	31853
to April 20, 1995, has been granted to the person under sections	31854
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	31855

(ii) A county home or district home that is or has been	31856
licensed as a residential care facility.	31857

31858

(i) Except as provided in division (A)(1)(b) of this section,	31859
a public hospital or hospital as defined in section 3701.01 or	31860
5122.01 of the Revised Code;	31861

(ii) A residential facility for mentally ill persons as	31862
defined under section 5119.22 of the Revised Code;	31863

(iii) A residential facility as defined in section 5123.19 of	31864
the Revised Code;	31865

(iv) ~~A habilitation center as defined in section 5123.041 of~~	31866
~~the Revised Code;~~	31867

~~(v)~~ A community alternative home as defined in section	31868
3724.01 of the Revised Code;	31869

~~(vi)~~(v) An adult care facility as defined in section 3722.01	31870
of the Revised Code;	31871

~~(vii)~~(vi) An alcohol or drug addiction program as defined in	31872
section 3793.01 of the Revised Code;	31873

~~(viii)~~(vii) A facility licensed to provide methadone	31874
treatment under section 3793.11 of the Revised Code;	31875

~~(ix)~~(viii) A facility providing services under contract with	31876
the department of mental retardation and developmental	31877
disabilities under section 5123.18 of the Revised Code;	31878

~~(x)~~(ix) A facility operated by a hospice care program	31879
licensed under section 3712.04 of the Revised Code that is used	31880
exclusively for care of hospice patients;	31881

~~(xi)~~(x) A facility, infirmary, or other entity that is	31882
operated by a religious order, provides care exclusively to	31883
members of religious orders who take vows of celibacy and live by	31884
virtue of their vows within the orders as if related, and does not	31885
participate in the medicare program established under Title XVIII	31886
of the "Social Security Act" or the medical assistance program	31887
established under Chapter 5111. of the Revised Code and Title XIX	31888
of the "Social Security Act," if on January 1, 1994, the facility,	31889
infirmary, or entity was providing care exclusively to members of	31890
the religious order;	31891

~~(xii)~~(xi) A county home or district home that has never been	31892
licensed as a residential care facility.	31893

(2) "Unrelated individual" means one who is not related to	31894
the owner or operator of a home or to the spouse of the owner or	31895
operator as a parent, grandparent, child, grandchild, brother,	31896
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	31897
uncle.	31898

(3) "Mental impairment" does not mean mental illness as	31899
defined in section 5122.01 of the Revised Code or mental	31900
retardation as defined in section 5123.01 of the Revised Code.	31901

(4) "Skilled nursing care" means procedures that require	31902
technical skills and knowledge beyond those the untrained person	31903
possesses and that are commonly employed in providing for the	31904
physical, mental, and emotional needs of the ill or otherwise	31905
incapacitated. "Skilled nursing care" includes, but is not limited	31906
to, the following:	31907

(a) Irrigations, catheterizations, application of dressings,	31908
and supervision of special diets;	31909

(b) Objective observation of changes in the patient's	31910
condition as a means of analyzing and determining the nursing care	31911
required and the need for further medical diagnosis and treatment;	31912

31913

(d) Administration of medication by any method ordered by a	31914
physician, such as hypodermically, rectally, or orally, including	31915
observation of the patient after receipt of the medication;	31916

(e) Carrying out other treatments prescribed by the physician	31917
that involve a similar level of complexity and skill in	31918
administration.	31919

(5)(a) "Personal care services" means services including, but	31920
not limited to, the following:	31921

(i) Assisting residents with activities of daily living;

31922

(ii) Assisting residents with self-administration of	31923
medication, in accordance with rules adopted under section 3721.04	31924
of the Revised Code;	31925

(iii) Preparing special diets, other than complex therapeutic	31926
diets, for residents pursuant to the instructions of a physician	31927
or a licensed dietitian, in accordance with rules adopted under	31928
section 3721.04 of the Revised Code.	31929

(b) "Personal care services" does not include "skilled	31930
nursing care" as defined in division (A)(4) of this section. A	31931
facility need not provide more than one of the services listed in	31932
division (A)(5)(a) of this section to be considered to be	31933
providing personal care services.	31934

(6) "Nursing home" means a home used for the reception and	31935
care of individuals who by reason of illness or physical or mental	31936
impairment require skilled nursing care and of individuals who	31937
require personal care services but not skilled nursing care. A	31938
nursing home is licensed to provide personal care services and	31939
skilled nursing care.	31940

(7) "Residential care facility" means a home that provides	31941
either of the following:	31942

(a) Accommodations for seventeen or more unrelated	31943
individuals and supervision and personal care services for three	31944
or more of those individuals who are dependent on the services of	31945
others by reason of age or physical or mental impairment;	31946

(b) Accommodations for three or more unrelated individuals,	31947
supervision and personal care services for at least three of those	31948
individuals who are dependent on the services of others by reason	31949
of age or physical or mental impairment, and, to at least one of	31950
those individuals, any of the skilled nursing care authorized by	31951
section 3721.011 of the Revised Code.	31952

(8) "Home for the aging" means a home that provides services	31953
as a residential care facility and a nursing home, except that the	31954
home provides its services only to individuals who are dependent	31955
on the services of others by reason of both age and physical or	31956
mental impairment.	31957

The part or unit of a home for the aging that provides	31958
services only as a residential care facility is licensed as a	31959
residential care facility. The part or unit that may provide	31960
skilled nursing care beyond the extent authorized by section	31961
3721.011 of the Revised Code is licensed as a nursing home.	31962

(9) "County home" and "district home" mean a county home or	31963
district home operated under Chapter 5155. of the Revised Code.	31964

(B) The public health council may further classify homes. For	31965
the purposes of this chapter, any residence, institution, hotel,	31966
congregate housing project, or similar facility that meets the	31967
definition of a home under this section is such a home regardless	31968
of how the facility holds itself out to the public.	31969

(C) For purposes of this chapter, personal care services or	31970
skilled nursing care shall be considered to be provided by a	31971
facility if they are provided by a person employed by or	31972
associated with the facility or by another person pursuant to an	31973
agreement to which neither the resident who receives the services	31974
nor the resident's sponsor is a party.	31975

(D) Nothing in division (A)(4) of this section shall be	31976
construed to permit skilled nursing care to be imposed on an	31977
individual who does not require skilled nursing care.	31978

Nothing in division (A)(5) of this section shall be construed	31979
to permit personal care services to be imposed on an individual	31980
who is capable of performing the activity in question without	31981
assistance.	31982

(E) Division (A)(1)(c)~~(xi)~~(x) of this section does not	31983
prohibit a facility, infirmary, or other entity described in that	31984
division from seeking licensure under sections 3721.01 to 3721.09	31985
of the Revised Code or certification under Title XVIII or XIX of	31986
the "Social Security Act." However, such a facility, infirmary, or	31987
entity that applies for licensure or certification must meet the	31988
requirements of those sections or titles and the rules adopted	31989
under them and obtain a certificate of need from the director of	31990
health under section 3702.52 of the Revised Code.	31991

(F) Nothing in this chapter, or rules adopted pursuant to it,	31992
shall be construed as authorizing the supervision, regulation, or	31993
control of the spiritual care or treatment of residents or	31994
patients in any home who rely upon treatment by prayer or	31995
spiritual means in accordance with the creed or tenets of any	31996
recognized church or religious denomination.	31997

Sec. 3721.03. ~~The~~(A) As used in this section, "person" has	31998
the same meaning as in section 1.59 of the Revised Code.	31999

(B) The director of health shall enforce the provisions of	32000
sections 3721.01 to ~~3721.09~~3721.13 and 3721.99 of the Revised	32001
Code and may issue orders to secure compliance with the provisions	32002
of these sections and the rules adopted under them. The director	32003
may hold hearings, issue subpoenas, compel testimony, and make	32004
adjudications. In	32005

The director may issue an order revoking a license in the	32006
event the director finds, upon hearing or opportunity afforded	32007
~~therefor~~pursuant to Chapter 119. of the Revised Code, that any of	32008
the following apply to a person~~, firm, partnership, association,~~	32009
~~corporation~~, county home, or district home licensed under section	32010
3721.07 of the Revised Code ~~is in violation of~~:	32011

(1) Has violated any of the provisions of Chapter 3721. of	32012
the Revised Code or rules adopted by the public health council	32013
under it; ~~is in violation of~~	32014

(2) Has violated any order issued by the director; is

32015

(3) Is not, or any of its principals are not suitable,	32016
morally or financially to operate such an institution; ~~or is~~	32017

(4) Is not furnishing humane, kind, and adequate treatment	32018
and care~~, the director may issue an order revoking the license~~	32019
~~previously issued by the director~~;	32020

(5) Has had a long-standing pattern of violations of this	32021
chapter or the rules adopted under it that has caused physical,	32022
emotional, mental, or psychosocial harm to one or more residents.	32023
~~Upon~~	32024

Upon the issuance of any order of revocation, the person	32025
whose license is revoked, or the county home or district home that	32026
has its license revoked, may appeal in accordance with Chapter	32027
119. of the Revised Code.	32028

~~The state fire marshal shall enforce all statutes and rules~~	32029
~~pertaining to fire safety in homes and shall adopt rules~~	32030
~~pertaining to fire safety in homes as the marshal determines~~	32031
~~necessary. The rules adopted by the marshal shall be in addition~~	32032
~~to those fire safety rules that the board of building standards~~	32033
~~and the public health council are empowered to adopt and shall be~~	32034
~~adopted prior to December 31, 1972. In the event of a dispute~~	32035
~~between the marshal and another officer having responsibilities~~	32036
~~under sections 3721.01 to 3721.09 of the Revised Code with respect~~	32037
~~to the interpretation or application of a specific fire safety~~	32038
~~statute or rule, the interpretation of the marshal shall prevail.~~	32039

~~If the ownership of a home is assigned or transferred to a~~	32040
~~different person, the new owner is responsible and liable for~~	32041
~~compliance with any notice of proposed action or order issued~~	32042
~~under this section in accordance with Chapter 119. of the Revised~~	32043
~~Code prior to the effective date of the assignment or transfer~~(C)	32044
Once the director notifies a person, county home, or district home	32045
licensed to operate a home that the license may be revoked or	32046
issues any order under this section, the person, county home, or	32047
district home shall not assign or transfer to another person or	32048
entity the right to operate the home. This prohibition shall	32049
remain in effect until proceedings under Chapter 119. of the	32050
Revised Code concerning the order or license revocation have been	32051
concluded or the director notifies the person, county home, or	32052
district home that the prohibition has been lifted.	32053

If a license is revoked under this section, the former	32054
license holder shall not assign or transfer or consent to	32055
assignment or transfer of the right to operate the home. Any	32056
attempted assignment or transfer to another person or entity is	32057
void.	32058

On revocation of a license, the former licensee shall take	32059
all necessary steps to cease operation of the home.	32060

The director of health shall not accept a certificate of need	32061
application under section 3702.52 of the Revised Code regarding a	32062
home if the license to operate the home has been revoked under	32063
this section.	32064

Sec. 3721.032. The state fire marshal shall enforce all	32065
statutes and rules pertaining to fire safety in homes and shall	32066
adopt rules pertaining to fire safety in homes as the marshal	32067
determines necessary. The rules adopted by the marshal shall be in	32068
addition to those fire safety rules that the board of building	32069
standards and the public health council are empowered to adopt. In	32070
the event of a dispute between the marshal and another officer	32071
having responsibilities under sections 3721.01 to 3721.09 of the	32072
Revised Code with respect to the interpretation or application of	32073
a specific fire safety statute or rule, the interpretation of the	32074
marshal shall prevail.	32075

Sec. 3721.07. Every person desiring to operate a home and	32076
the superintendent or administrator of each county home or	32077
district home for which a license as a residential care facility	32078
is sought shall apply for a license to the director of health. The	32079
director shall issue a license for the home, if after	32080
investigation of the applicant and, if required by section 3721.02	32081
of the Revised Code, inspection of the home, the following	32082
requirements or conditions are satisfied or complied with:	32083

(A) The applicant has not been convicted of a felony or a	32084
crime involving moral turpitude;	32085

(B) The applicant is not violating any of the rules made by	32086
the public health council or any order issued by the director of	32087
health;	32088

(C) The applicant has not had a license to operate the home	32089
revoked pursuant to section 3721.03 of the Revised Code because of	32090
any act or omission that jeopardized a resident's health, welfare,	32091
or safety nor has the applicant had a long-standing pattern of	32092
violations of this chapter or rules adopted under it that caused	32093
physical, emotional, mental, or psychosocial harm to one or more	32094
residents.	32095

(D) The buildings in which the home is housed have been	32096
approved by the state fire marshal or a township, municipal, or	32097
other legally constituted fire department approved by the marshal.	32098
In the approval of a home such agencies shall apply standards	32099
prescribed by the board of building standards, and by the state	32100
fire marshal, and by section 3721.071 of the Revised Code.	32101

~~(D)~~(E) The applicant, if it is an individual, or the	32102
principal participants, if it is an association or a corporation,	32103
is or are suitable financially and morally to operate a home;	32104

~~(E)~~(F) The applicant is equipped to furnish humane, kind, and	32105
adequate treatment and care;	32106

~~(F)~~(G) The home does not maintain or contain:

32107

(1) Facilities for the performance of major surgical	32108
procedures;	32109

(2) Facilities for providing therapeutic radiation;

32110

(3) An emergency ward;

32111

(4) A clinical laboratory unless it is under the supervision	32112
of a clinical pathologist who is a licensed physician in this	32113
state;	32114

(5) Facilities for radiological examinations unless such	32115
examinations are performed only by a person licensed to practice	32116
medicine, surgery, or dentistry in this state.	32117

~~(G)~~(H) The home does not accept or treat outpatients, except	32118
upon the written orders of a physician licensed in this state,	32119
maternity cases, boarding children, and does not house transient	32120
guests, other than participants in an adult day-care program, for	32121
twenty-four hours or less;	32122

~~(H)~~(I) The home is in compliance with sections 3721.28 and	32123
3721.29 of the Revised Code.	32124

When the director issues a license, the license shall remain	32125
in effect until revoked by the director or voided at the request	32126
of the applicant; provided, there shall be an annual renewal fee	32127
payable during the month of January of each calendar year. Any	32128
licensed home that does not pay its renewal fee in January shall	32129
pay, beginning the first day of February, a late fee of one	32130
hundred dollars for each week or part thereof that the renewal fee	32131
is not paid. If either the renewal fee or the late fee is not paid	32132
by the fifteenth day of February, the director may, in accordance	32133
with Chapter 119. of the Revised Code, revoke the home's license.	32134

If, under division (B)(5) of section 3721.03 of the Revised	32135
Code, the license of a person has been revoked or the license of a	32136
county home or district home to operate as a residential care	32137
facility has been revoked, the director of health shall not issue	32138
a license to the person or home at any time. A person whose	32139
license is revoked, and a county home or district home that has	32140
its license as a residential care facility revoked other than	32141
under division (B)(5) of section 3721.03 of the Revised Code, for	32142
any reason other than nonpayment of the license renewal fee or	32143
late fees ~~may~~shall not ~~apply for~~be issued a new license under	32144
this chapter until a period of one year following the date of	32145
revocation has elapsed.	32146

Any applicant who is denied a license may appeal in	32147
accordance with Chapter 119. of the Revised Code.	32148

Sec. 3721.15. (A) Authorization from a resident or a sponsor	32149
with a power of attorney for a home to manage the resident's	32150
financial affairs shall be in writing and shall be attested to by	32151
a witness who is not connected in any manner whatsoever with the	32152
home or its administrator. The home shall maintain accounts	32153
pursuant to division (A)(27) of section 3721.13 of the Revised	32154
Code. Upon the resident's transfer, discharge, or death, the	32155
account shall be closed and a final accounting made. All remaining	32156
funds shall be returned to the resident or resident's sponsor,	32157
except in the case of death, when all remaining funds shall be	32158
transferred or used in accordance with section ~~5111.112~~5111.113	32159
of the Revised Code.	32160

(B) A home that manages a resident's financial affairs shall	32161
deposit the resident's funds in excess of one hundred dollars, and	32162
may deposit the resident's funds that are one hundred dollars or	32163
less, in an interest-bearing account separate from any of the	32164
home's operating accounts. Interest earned on the resident's funds	32165
shall be credited to the resident's account. A resident's funds	32166
that are one hundred dollars or less and have not been deposited	32167
in an interest-bearing account may be deposited in a	32168
noninterest-bearing account or petty cash fund.	32169

(C) Each resident whose financial affairs are managed by a	32170
home shall be promptly notified by the home when the total of the	32171
amount of funds in the resident's accounts and the petty cash fund	32172
plus other nonexempt resources reaches two hundred dollars less	32173
than the maximum amount permitted a recipient of medicaid. The	32174
notice shall include an explanation of the potential effect on the	32175
resident's eligibility for medicaid if the amount in the	32176
resident's accounts and the petty cash fund, plus the value of	32177
other nonexempt resources, exceeds the maximum assets a medicaid	32178
recipient may retain.	32179

(D) Each home that manages the financial affairs of residents	32180
shall purchase a surety bond or otherwise provide assurance	32181
satisfactory to the director of health, or, in the case of a home	32182
that participates in the medicaid program, to the director of job	32183
and family services, to assure the security of all residents'	32184
funds managed by the home.	32185

Sec. 3721.19. (A) As used in this section:

32186

(1) "Home" and "residential care facility" have the same	32187
meanings as in section 3721.01 of the Revised Code;	32188

(2) "Sponsor" and "residents' rights advocate" have the same	32189
meanings as in section 3721.10 of the Revised Code.	32190

A home licensed under this chapter that is not a party to a	32191
provider agreement, as defined in section 5111.20 of the Revised	32192
Code, shall provide each prospective resident, before admission,	32193
with the following information, orally and in a separate written	32194
notice on which is printed in a conspicuous manner: "This home is	32195
not a participant in the medical assistance program administered	32196
by the Ohio department of job and family services. Consequently,	32197
you may be discharged from this home if you are unable to pay for	32198
the services provided by this home."	32199

If the prospective resident has a sponsor whose identity is	32200
made known to the home, the home shall also inform the sponsor,	32201
before admission of the resident, of the home's status relative to	32202
the medical assistance program. Written acknowledgement of the	32203
receipt of the information shall be provided by the resident and,	32204
if the prospective resident has a sponsor who has been identified	32205
to the home, by the sponsor. The written acknowledgement shall be	32206
made part of the resident's record by the home.	32207

No home shall terminate its status as a provider under the	32208
~~medical assistance~~medicaid program unless it has complied with	32209
section 5111.66 of the Revised Code and, at least ninety days	32210
prior to such termination, provided written notice to the	32211
~~department of job and family services and~~ residents of the home	32212
and their sponsors of such action. This requirement shall not	32213
apply in cases where the department of job and family services	32214
terminates a home's provider agreement or provider status.	32215

(B) A home licensed under this chapter as a residential care	32216
facility shall provide notice to each prospective resident or the	32217
individual's sponsor of the services offered by the facility and	32218
the types of skilled nursing care that the facility may provide. A	32219
residential care facility that, pursuant to section 3721.012 of	32220
the Revised Code, has a policy of entering into risk agreements	32221
with residents or their sponsors shall provide each prospective	32222
resident or the individual's sponsor a written explanation of the	32223
policy and the provisions that may be contained in a risk	32224
agreement. At the time the information is provided, the facility	32225
shall obtain a statement signed by the individual receiving the	32226
information acknowledging that the individual received the	32227
information. The facility shall maintain on file the individual's	32228
signed statement.	32229

(C) A resident has a cause of action against a home for	32230
breach of any duty imposed by this section. The action may be	32231
commenced by the resident, or on the resident's behalf by the	32232
resident's sponsor or a residents' rights advocate, by the filing	32233
of a civil action in the court of common pleas of the county in	32234
which the home is located, or in the court of common pleas of	32235
Franklin county.	32236

If the court finds that a breach of any duty imposed by this	32237
section has occurred, the court shall enjoin the home from	32238
discharging the resident from the home until arrangements	32239
satisfactory to the court are made for the orderly transfer of the	32240
resident to another mode of health care including, but not limited	32241
to, another home, and may award the resident and a person or	32242
public agency that brings an action on behalf of a resident	32243
reasonable attorney's fees. If a home discharges a resident to	32244
whom or to whose sponsor information concerning its status	32245
relative to the medical assistance program was not provided as	32246
required under this section, the court shall grant any appropriate	32247
relief including, but not limited to, actual damages, reasonable	32248
attorney's fees, and costs.	32249

Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the	32250
Revised Code:	32251

(A) "Long-term care facility" means either of the following:

32252

(1) A nursing home as defined in section 3721.01 of the	32253
Revised Code, other than a nursing home or part of a nursing home	32254
certified as an intermediate care facility for the mentally	32255
retarded under Title XIX of the "Social Security Act," 49 Stat.	32256
620 (1935), 42 U.S.C.A. 301, as amended;	32257

(2) A facility or part of a facility that is certified as a	32258
skilled nursing facility or a nursing facility under Title XVIII	32259
or XIX of the "Social Security Act."	32260

(B) "Residential care facility" has the same meaning as in	32261
section 3721.01 of the Revised Code.	32262

(C) "Abuse" means knowingly causing physical harm or	32263
recklessly causing serious physical harm to a resident by physical	32264
contact with the resident or by use of physical or chemical	32265
restraint, medication, or isolation as punishment, for staff	32266
convenience, excessively, as a substitute for treatment, or in	32267
amounts that preclude habilitation and treatment.	32268

(D) "Neglect" means recklessly failing to provide a resident	32269
with any treatment, care, goods, or service necessary to maintain	32270
the health or safety of the resident when the failure results in	32271
serious physical harm to the resident. "Neglect" does not include	32272
allowing a resident, at the resident's option, to receive only	32273
treatment by spiritual means through prayer in accordance with the	32274
tenets of a recognized religious denomination.	32275

(E) "Misappropriation" means depriving, defrauding, or	32276
otherwise obtaining the real or personal property of a resident by	32277
any means prohibited by the Revised Code, including violations of	32278
Chapter 2911. or 2913. of the Revised Code.	32279

(F) "Resident" includes a resident, patient, former resident	32280
or patient, or deceased resident or patient of a long-term care	32281
facility or a residential care facility.	32282

(G) "Physical restraint" has the same meaning as in section	32283
3721.10 of the Revised Code.	32284

(H) "Chemical restraint" has the same meaning as in section	32285
3721.10 of the Revised Code.	32286

(I) "Nursing and nursing-related services" means the personal	32287
care services and other services not constituting skilled nursing	32288
care that are specified in rules the public health council shall	32289
adopt in accordance with Chapter 119. of the Revised Code.	32290

(J) "Personal care services" has the same meaning as in	32291
section 3721.01 of the Revised Code.	32292

(K)(1) Except as provided in division (K)(2) of this section,	32293
"~~Nurse~~nurse aide" means an individual~~, other than a licensed~~	32294
~~health professional practicing within the scope of the~~	32295
~~professional's license,~~ who provides nursing and nursing-related	32296
services to residents in a long-term care facility, either as a	32297
member of the staff of the facility for monetary compensation or	32298
as a volunteer without monetary compensation.	32299

(2) "Nurse aide" does not include either of the following:

32300

(a) A licensed health professional practicing within the	32301
scope of the professional's license;	32302

(b) An individual providing nursing and nursing-related	32303
services in a religious nonmedical health care institution, if the	32304
individual has been trained in the principles of nonmedical care	32305
and is recognized by the institution as being competent in the	32306
administration of care within the religious tenets practiced by	32307
the residents of the institution.	32308

(L) "Licensed health professional" means all of the	32309
following:	32310

(1) An occupational therapist or occupational therapy	32311
assistant licensed under Chapter 4755. of the Revised Code;	32312

(2) A physical therapist or physical therapy assistant	32313
licensed under Chapter 4755. of the Revised Code;	32314

(3) A physician authorized under Chapter 4731. of the Revised	32315
Code to practice medicine and surgery, osteopathic medicine and	32316
surgery, or podiatry;	32317

(4) A physician assistant authorized under Chapter 4730. of	32318
the Revised Code to practice as a physician assistant;	32319

(5) A registered nurse or licensed practical nurse licensed	32320
under Chapter 4723. of the Revised Code;	32321

(6) A social worker or independent social worker licensed	32322
under Chapter 4757. of the Revised Code or a social work assistant	32323
registered under that chapter;	32324

(7) A speech-language pathologist or audiologist licensed	32325
under Chapter 4753. of the Revised Code;	32326

(8) A dentist or dental hygienist licensed under Chapter	32327
4715. of the Revised Code;	32328

(9) An optometrist licensed under Chapter 4725. of the	32329
Revised Code;	32330

(10) A pharmacist licensed under Chapter 4729. of the Revised	32331
Code;	32332

(11) A psychologist licensed under Chapter 4732. of the	32333
Revised Code;	32334

(12) A chiropractor licensed under Chapter 4734. of the	32335
Revised Code;	32336

(13) A nursing home administrator licensed or temporarily	32337
licensed under Chapter 4751. of the Revised Code;	32338

(14) A professional counselor or professional clinical	32339
counselor licensed under Chapter 4757. of the Revised Code.	32340

(M) "Religious nonmedical health care institution" means an	32341
institution that meets or exceeds the conditions to receive	32342
payment under the medicare program established under Title XVIII	32343
of the "Social Security Act" for inpatient hospital services or	32344
post-hospital extended care services furnished to an individual in	32345
a religious nonmedical health care institution, as defined in	32346
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286	32347
(1965), 42 U.S.C. 1395x(ss)(1), as amended.	32348

(N) "Competency evaluation program" means a program through	32349
which the competency of a nurse aide to provide nursing and	32350
nursing-related services is evaluated.	32351

~~(N)~~(O) "Training and competency evaluation program" means a	32352
program of nurse aide training and evaluation of competency to	32353
provide nursing and nursing-related services.	32354

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	32355
Revised Code:	32356

(A) "Hospital" has the same meaning as in section 3727.01 of	32357
the Revised Code.	32358

(B) "Inpatient days" means all days during which a resident	32359
of a nursing facility, regardless of payment source, occupies a	32360
bed in the nursing facility that is included in the facility's	32361
certified capacity under Title XIX. Therapeutic or hospital leave	32362
days for which payment is made under section 5111.26 of the	32363
Revised Code are considered inpatient days proportionate to the	32364
percentage of the facility's per resident per day rate paid for	32365
those days.	32366

(C) "Medicaid" has the same meaning as in section 5111.01 of	32367
the Revised Code.	32368

(D) "Medicaid day" means all days during which a resident who	32369
is a medicaid recipient occupies a bed in a nursing facility that	32370
is included in the facility's certified capacity under Title XIX.	32371
Therapeutic or hospital leave days for which payment is made under	32372
section 5111.26 of the Revised Code are considered medicaid days	32373
proportionate to the percentage of the nursing facility's per	32374
resident per day rate for those days.	32375

(E) "Nursing facility" has the same meaning as in section	32376
5111.20 of the Revised Code.	32377

(F)(1) "Nursing home" means all of the following:

32378

(a) A nursing home licensed under section 3721.02 or 3721.09	32379
of the Revised Code, including any part of a home for the aging	32380
licensed as a nursing home;	32381

(b) A facility or part of a facility, other than a hospital,	32382
that is certified as a skilled nursing facility under Title XVIII	32383
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	32384
~~301, as amended~~;	32385

(c) A nursing facility ~~as defined in section 5111.20 of the~~	32386
~~Revised Code~~, other than a portion of a hospital certified as a	32387
nursing facility.	32388

(2) "Nursing home" does not include aany of the following:

32389

(a) A county home, county nursing home, or district home	32390
operated pursuant to Chapter 5155. of the Revised Code ~~or a~~;	32391

(b) A nursing home maintained and operated by the Ohio	32392
veterans' home agency under section 5907.01 of the Revised Code;	32393

(c) A nursing home or part of a nursing home licensed under	32394
section 3721.02 or 3721.09 of the Revised Code that is certified	32395
as an intermediate care facility for the mentally retarded under	32396
Title XIX ~~of the "Social Security Act~~."	32397

~~(B) "Hospital" has the same meaning as in section 3727.01 of~~	32398
~~the Revised Code.~~	32399

(G) "Title XIX" means Title XIX of the "Social Security Act,"	32400
79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	32401

(H) "Title XVIII" means Title XVIII of the "Social Security	32402
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	32403

Sec. 3721.51. The department of job and family services	32404
shall do all of the following:	32405

(A) ~~For~~Subject to division (C) of this section and for the	32406
purposes specified in ~~section~~sections 3721.56 and 3721.561 of the	32407
Revised Code, determine an annual franchise permit fee on each	32408
nursing home in an amount equal to ~~three dollars and thirty cents~~	32409
~~for fiscal year 2002, four~~six dollars and ~~thirty~~twenty-five	32410
cents for fiscal years ~~2003 through 2005,~~2006 and 2007 and one	32411
dollar for each fiscal year thereafter, multiplied by the product	32412
of the following:	32413

(1) The number of beds licensed as nursing home beds, plus	32414
any other beds certified as skilled nursing facility beds under	32415
Title XVIII or nursing facility beds under Title XIX ~~of the~~	32416
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as~~	32417
~~amended,~~ on ~~July 1, 1993, and, for each subsequent year,~~ the first	32418
day of May of the calendar year in which the fee is determined	32419
pursuant to division (A) of section 3721.53 of the Revised Code;	32420

(2) The ~~number of days in fiscal year 1994 and, for each~~	32421
~~subsequent year, the~~ number of days in the fiscal year beginning	32422
on the first day of July of the calendar year in which the fee is	32423
determined pursuant to division (A) of section 3721.53 of the	32424
Revised Code.	32425

(B) ~~For~~Subject to division (C) of this section and for the	32426
purposes specified in ~~section~~sections 3721.56 and 3721.561 of the	32427
Revised Code, determine an annual franchise permit fee on each	32428
hospital in an amount equal to ~~three dollars and thirty cents for~~	32429
~~fiscal year 2002, four~~six dollars and ~~thirty~~twenty-five cents	32430
for fiscal years ~~2003 through 2005,~~2006 and 2007 and one dollar	32431
for each fiscal year thereafter, multiplied by the product of the	32432
following:	32433

(1) The number of beds registered pursuant to section 3701.07	32434
of the Revised Code as skilled nursing facility beds or long-term	32435
care beds, plus any other beds licensed as nursing home beds under	32436
section 3721.02 or 3721.09 of the Revised Code, on ~~July 1, 1993,~~	32437
~~and, for each subsequent year,~~ the first day of May of the	32438
calendar year in which the fee is determined pursuant to division	32439
(A) of section 3721.53 of the Revised Code;	32440

(2) The ~~number of days in fiscal year 1994 and, for each~~	32441
~~subsequent year, the~~ number of days in the fiscal year beginning	32442
on the first day of July of the calendar year in which the fee is	32443
determined pursuant to division (A) of section 3721.53 of the	32444
Revised Code.	32445

(C) If the United States centers for medicare and medicaid	32446
services determines that the franchise permit fee established by	32447
sections 3721.50 to 3721.58 of the Revised Code ~~would be~~is an	32448
impermissible health care related tax under section 1903(w) of the	32449
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	32450
amended, ~~the department of job and family services shall~~ take all	32451
necessary actions to cease implementation of ~~those~~ sections	32452
3721.50 to 3721.58 of the Revised Code in accordance with rules	32453
adopted under section 3721.58 of the Revised Code.	32454

Sec. 3721.52. (A) For the purpose of the fee under division	32455
(A) of section 3721.51 of the Revised Code, the department of	32456
health shall, ~~not later than August 1, 1993, and, for each~~	32457
~~subsequent year,~~ not later than the first day of each June, report	32458
to the department of job and family services the number of beds in	32459
each nursing home licensed on ~~July 1, 1993, and, for each~~	32460
~~subsequent year,~~ the preceding first day of May under section	32461
3721.02 or 3721.09 of the Revised Code or certified on that date	32462
under Title XVIII or XIX ~~of the "Social Security Act," 49 Stat.~~	32463
~~620 (1935), 42 U.S.C.A. 301, as amended~~.	32464

(B) For the purpose of the fee under division (B) of section	32465
3721.51 of the Revised Code, the department of health shall, ~~not~~	32466
~~later than August 1, 1993, and, for each subsequent year,~~ not	32467
later than the first day of each June, report to the department of	32468
job and family services the number of beds in each hospital	32469
registered on ~~July 1, 1993, and, for each subsequent year,~~ the	32470
preceding first day of May pursuant to section 3701.07 of the	32471
Revised Code as skilled nursing facility or long-term care beds or	32472
licensed on that date under section 3721.02 or 3721.09 of the	32473
Revised Code as nursing home beds.	32474

Sec. 3721.541. (A) In addition to assessing a penalty	32475
pursuant to section 3721.54 of the Revised Code, the department of	32476
job and family services may do either of the following if a	32477
nursing facility or hospital fails to pay the full amount of a	32478
franchise permit fee installment when due:	32479

(1) Withhold an amount equal to the installment and penalty	32480
assessed under section 3721.54 of the Revised Code from a medicaid	32481
payment due the nursing facility or hospital until the nursing	32482
facility or hospital pays the installment and penalty;	32483

(2) Terminate the nursing facility or hospital's medicaid	32484
provider agreement.	32485

(B) The department may withhold a medicaid payment under	32486
division (A)(1) of this section without providing notice to the	32487
nursing facility or hospital and without conducting an	32488
adjudication under Chapter 119. of the Revised Code.	32489

Sec. 3721.56. ~~(A) Thirty and three-tenths~~There is hereby	32490
created in the state treasury the home- and community-based	32491
services for the aged fund. Sixteen per cent of all payments and	32492
penalties paid by nursing homes and hospitals under sections	32493
3721.53 and 3721.54 of the Revised Code for fiscal ~~year 2002,~~	32494
~~twenty-three and twenty-six-hundredths per cent of such payments~~	32495
~~and penalties paid for fiscal~~ years ~~2003 through 2005~~2006 and	32496
2007, and all such payments and penalties paid for subsequent	32497
fiscal years, shall be deposited into the ~~"home and~~	32498
~~community-based services for the aged~~ fund~~," which is hereby~~	32499
~~created in the state treasury~~. The departments of job and family	32500
services and aging shall use the moneys in the fund to fund the	32501
following in accordance with rules adopted under section 3721.58	32502
of the Revised Code:	32503

~~(1)~~(A) The ~~medical assistance~~medicaid program established	32504
under Chapter 5111. of the Revised Code;	32505

~~(2) The~~, including the PASSPORT program established under	32506
section 173.40 of the Revised Code;	32507

~~(3)~~(B) The residential state supplement program established	32508
under section 173.35 of the Revised Code.	32509

~~(B) Sixty-nine and seven-tenths per cent of all payments and~~	32510
~~penalties paid by nursing homes and hospitals under sections~~	32511
~~3721.53 and 3721.54 of the Revised Code for fiscal year 2002, and~~	32512
~~seventy-six and seventy-four-hundredths per cent of such payments~~	32513
~~and penalties paid for fiscal years 2003 through 2005, shall be~~	32514
~~deposited into the nursing facility stabilization fund, which is~~	32515
~~hereby created in the state treasury. The department of job and~~	32516
~~family services shall use the money in the fund in the manner~~	32517
~~provided by Am. Sub. H.B. 94 and Am. Sub. S.B. 261 of the 124th~~	32518
~~general assembly.~~	32519

Sec. 3721.561. (A) There is hereby created in the state	32520
treasury the nursing facility stabilization fund. All payments and	32521
penalties paid by nursing homes and hospitals under sections	32522
3721.53 and 3721.54 of the Revised Code that are not deposited	32523
into the home and community-based services for the aged fund shall	32524
be deposited into the fund. The department of job and family	32525
services shall use the money in the fund to do all of the	32526
following:	32527

(1) Make medicaid payments to nursing facilities;

32528

(2) Beginning with the third quarter of calendar year 2005	32529
and each quarter thereafter, pay each nursing facility an amount	32530
determined as follows:	32531

(a) Divide the amount of the franchise permit fee that the	32532
nursing facility pays under section 3721.53 of the Revised Code	32533
for the fiscal year in which the payment is made by the nursing	32534
facility's inpatient days for the calendar year preceding that	32535
fiscal year;	32536

(b) Multiply the amount determined under division (A)(2)(a)	32537
of this section by the nursing facility's medicaid days for the	32538
calendar year preceding the fiscal year in which the payment is	32539
made;	32540

(c) Divide the amount determined under division (A)(2)(b) of	32541
this section for the nursing facility by four.	32542

(B) Any money remaining in the nursing facility stabilization	32543
fund after payments specified in division (A) of this section are	32544
made shall be retained in the fund. Any interest or other	32545
investment proceeds earned on money in the fund shall be credited	32546
to the fund and used to make medicaid payments in accordance with	32547
division (A)(1) of this section.	32548

Sec. 3721.58. The director of job and family services shall	32549
adopt rules in accordance with Chapter 119. of the Revised Code to	32550
do ~~both~~all of the following:	32551

(A) Prescribe the actions the department of job and family	32552
services will take to cease implementation of sections 3721.50	32553
through 3721.57 of the Revised Code if the United States ~~health~~	32554
~~care financing administration~~centers for medicare and medicaid	32555
services determines that the franchise permit fee established by	32556
those sections is an impermissible health-care related tax under	32557
section 1903(w) of the "Social Security Act," 49 Stat. 620 (1935),	32558
42 U.S.C. ~~1396(b)(w)~~1396b(w), as amended;	32559

(B) Establish the method of distributing moneys in the home	32560
and community-based services for the aged fund created under	32561
section 3721.56 of the Revised Code;	32562

(C) Establish any requirements or procedures the director	32563
considers necessary to implement sections 3721.50 to 3721.58 of	32564
the Revised Code.	32565

Sec. 3722.01. (A) As used in this chapter:

32566

(1) "Owner" means the person who owns the business of and who	32567
ultimately controls the operation of an adult care facility and to	32568
whom the manager, if different from the owner, is responsible.	32569

(2) "Manager" means the person responsible for the daily	32570
operation of an adult care facility. The manager and the owner of	32571
a facility may be the same person.	32572

(3) "Adult" means an individual eighteen years of age or	32573
older.	32574

(4) "Unrelated" means that an adult resident is not related	32575
to the owner or manager of an adult care facility or to the	32576
owner's or manager's spouse as a parent, grandparent, child,	32577
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	32578
uncle, or as the child of an aunt or uncle.	32579

(5) "Skilled nursing care" means skilled nursing care as	32580
defined in section 3721.01 of the Revised Code.	32581

(6)(a) "Personal care services" means services including, but	32582
not limited to, the following:	32583

(i) Assisting residents with activities of daily living;

32584

(ii) Assisting residents with self-administration of	32585
medication, in accordance with rules adopted by the public health	32586
council pursuant to this chapter;	32587

(iii) Preparing special diets, other than complex therapeutic	32588
diets, for residents pursuant to the instructions of a physician	32589
or a licensed dietitian, in accordance with rules adopted by the	32590
public health council pursuant to this chapter.	32591

(b) "Personal care services" does not include "skilled	32592
nursing care" as defined in section 3721.01 of the Revised Code. A	32593
facility need not provide more than one of the services listed in	32594
division (A)(6)(a) of this section to be considered to be	32595
providing personal care services.	32596

(7) "Adult family home" means a residence or facility that	32597
provides accommodations to three to five unrelated adults and	32598
supervision and personal care services to at least three of those	32599
adults.	32600

(8) "Adult group home" means a residence or facility that	32601
provides accommodations to six to sixteen unrelated adults and	32602
provides supervision and personal care services to at least three	32603
of the unrelated adults.	32604

(9) "Adult care facility" means an adult family home or an	32605
adult group home. For the purposes of this chapter, any residence,	32606
facility, institution, hotel, congregate housing project, or	32607
similar facility that provides accommodations and supervision to	32608
three to sixteen unrelated adults, at least three of whom are	32609
provided personal care services, is an adult care facility	32610
regardless of how the facility holds itself out to the public.	32611
"Adult care facility" does not include:	32612

(a) A facility operated by a hospice care program licensed	32613
under section 3712.04 of the Revised Code that is used exclusively	32614
for care of hospice patients;	32615

(b) A nursing home, residential care facility, or home for	32616
the aging as defined in section 3721.01 of the Revised Code;	32617

(c) A community alternative home as defined in section	32618
3724.01 of the Revised Code;	32619

(d) An alcohol and drug addiction program as defined in	32620
section 3793.01 of the Revised Code;	32621

(e) ~~A habilitation center as defined in section 5123.041 of~~	32622
~~the Revised Code;~~	32623

~~(f)~~ A residential facility for the mentally ill licensed by	32624
the department of mental health under section 5119.22 of the	32625
Revised Code;	32626

~~(g)~~(f) A facility licensed to provide methadone treatment	32627
under section 3793.11 of the Revised Code;	32628

~~(h)~~(g) A residential facility licensed under section 5123.19	32629
of the Revised Code or otherwise regulated by the department of	32630
mental retardation and developmental disabilities;	32631

~~(i)~~(h) Any residence, institution, hotel, congregate housing	32632
project, or similar facility that provides personal care services	32633
to fewer than three residents or that provides, for any number of	32634
residents, only housing, housekeeping, laundry, meal preparation,	32635
social or recreational activities, maintenance, security,	32636
transportation, and similar services that are not personal care	32637
services or skilled nursing care;	32638

~~(j)~~(i) Any facility that receives funding for operating costs	32639
from the department of development under any program established	32640
to provide emergency shelter housing or transitional housing for	32641
the homeless;	32642

~~(k)~~(j) A terminal care facility for the homeless that has	32643
entered into an agreement with a hospice care program under	32644
section 3712.07 of the Revised Code;	32645

~~(l)~~(k) A facility approved by the veterans administration	32646
under section 104(a) of the "Veterans Health Care Amendments of	32647
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used	32648
exclusively for the placement and care of veterans;	32649

~~(m)~~(l) Until January 1, 1994, the portion of a facility in	32650
which care is provided exclusively to members of a religious order	32651
if the facility is owned by or part of a nonprofit institution of	32652
higher education authorized to award degrees by the Ohio board of	32653
regents under Chapter 1713. of the Revised Code.	32654

(10) "Residents' rights advocate" means:

32655

(a) An employee or representative of any state or local	32656
government entity that has a responsibility for residents of adult	32657
care facilities and has registered with the department of health	32658
under section 3701.07 of the Revised Code;	32659

(b) An employee or representative, other than a manager or	32660
employee of an adult care facility or nursing home, of any private	32661
nonprofit corporation or association that qualifies for tax-exempt	32662
status under section 501(a) of the "Internal Revenue Code of	32663
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has	32664
registered with the department of health under section 3701.07 of	32665
the Revised Code, and whose purposes include educating and	32666
counseling residents, assisting residents in resolving problems	32667
and complaints concerning their care and treatment, and assisting	32668
them in securing adequate services.	32669

(11) "Sponsor" means an adult relative, friend, or guardian	32670
of a resident of an adult care facility who has an interest in or	32671
responsibility for the resident's welfare.	32672

(12) "Ombudsperson" means a "representative of the office of	32673
the state long-term care ombudsperson program" as defined in	32674
section 173.14 of the Revised Code.	32675

(13) "Mental health agency" means a community mental health	32676
agency, as defined in section 5119.22 of the Revised Code, under	32677
contract with a board of alcohol, drug addiction, and mental	32678
health services pursuant to division (A)(8)(a) of section 340.03	32679
of the Revised Code.	32680

(B) For purposes of this chapter, personal care services or	32681
skilled nursing care shall be considered to be provided by a	32682
facility if they are provided by a person employed by or	32683
associated with the facility or by another person pursuant to an	32684
agreement to which neither the resident who receives the services	32685
nor the resident's sponsor is a party.	32686

(C) Nothing in division (A)(6) of this section shall be	32687
construed to permit personal care services to be imposed upon a	32688
resident who is capable of performing the activity in question	32689
without assistance.	32690

Sec. 3722.02. A person seeking a license to operate an adult	32691
care facility shall submit to the director of health an	32692
application on a form prescribed by the director and the	32693
following:	32694

(A) In the case of an adult group home seeking licensure as	32695
an adult care facility, evidence that the home has been inspected	32696
and approved by a local certified building department or by the	32697
division of industrial compliance in the department of commerce as	32698
meeting the applicable requirements of sections 3781.06 to 3781.18	32699
and 3791.04 of the Revised Code and any rules adopted under those	32700
sections and evidence that the home has been inspected by the	32701
state fire marshal or fire prevention officer of a municipal,	32702
township, or other legally constituted fire department approved by	32703
the state fire marshal and found to be in compliance with rules	32704
adopted under section 3737.83 of the Revised Code regarding fire	32705
prevention and safety in adult group homes;	32706

(B) Valid approvals of the facility's water and sewage	32707
systems issued by the responsible governmental entity, if	32708
applicable;	32709

(C) A statement of ownership containing the following	32710
information:	32711

(1) If the owner is an individual, the owner's name, address,	32712
telephone number, business address, business telephone number, and	32713
occupation. If the owner is an association, corporation, or	32714
partnership, the business activity, address, and telephone number	32715
of the entity and the name of every person who has an ownership	32716
interest of five per cent or more in the entity.	32717

(2) If the owner does not own the building or if the owner	32718
owns only part of the building in which the facility is housed,	32719
the name of each person who has an ownership interest of five per	32720
cent or more in the building;	32721

(3) The address of any adult care facility and any facility	32722
described in divisions (A)(9)(a) to ~~(i)~~(h) of section 3722.01 of	32723
the Revised Code in which the owner has an ownership interest of	32724
five per cent or more;	32725

(4) The identity of the manager of the adult care facility,	32726
if different from the owner;	32727

(5) The name and address of any adult care facility and any	32728
facility described in divisions (A)(9)(a) to ~~(i)~~(h) of section	32729
3722.01 of the Revised Code with which either the owner or manager	32730
has been affiliated through ownership or employment in the five	32731
years prior to the date of the application;	32732

(6) The names and addresses of three persons not employed by	32733
or associated in business with the owner who will provide	32734
information about the character, reputation, and competence of the	32735
owner and the manager and the financial responsibility of the	32736
owner;	32737

(7) Information about any arrest of the owner or manager for,	32738
or adjudication or conviction of, a criminal offense related to	32739
the provision of care in an adult care facility or any facility	32740
described in divisions (A)(9)(a) to ~~(i)~~(h) of section 3722.01 of	32741
the Revised Code or the ability to operate a facility;	32742

(8) Any other information the director may require regarding	32743
the owner's ability to operate the facility.	32744

(D) If the facility is an adult group home, a balance sheet	32745
showing the assets and liabilities of the owner and a statement	32746
projecting revenues and expenses for the first twelve months of	32747
the facility's operation;	32748

(E) Proof of insurance in an amount and type determined in	32749
rules adopted by the public health council pursuant to this	32750
chapter to be adequate;	32751

(F) A nonrefundable license application fee in an amount	32752
established in rules adopted by the public health council pursuant	32753
to this chapter.	32754

Sec. 3734.01. As used in this chapter:

32755

(A) "Board of health" means the board of health of a city or	32756
general health district or the authority having the duties of a	32757
board of health in any city as authorized by section 3709.05 of	32758
the Revised Code.	32759

(B) "Director" means the director of environmental	32760
protection.	32761

(C) "Health district" means a city or general health district	32762
as created by or under authority of Chapter 3709. of the Revised	32763
Code.	32764

(D) "Agency" means the environmental protection agency.

32765

(E) "Solid wastes" means such unwanted residual solid or	32766
semisolid material as results from industrial, commercial,	32767
agricultural, and community operations, excluding earth or	32768
material from construction, mining, or demolition operations, or	32769
other waste materials of the type that normally would be included	32770
in demolition debris, nontoxic fly ash and bottom ash, including	32771
at least ash that results from the combustion of coal and ash that	32772
results from the combustion of coal in combination with scrap	32773
tires where scrap tires comprise not more than fifty per cent of	32774
heat input in any month, spent nontoxic foundry sand, nontoxic,	32775
nonhazardous, unwanted fired and unfired, glazed and unglazed,	32776
structural shale and clay products, and slag and other substances	32777
that are not harmful or inimical to public health, and includes,	32778
but is not limited to, garbage, scrap tires, combustible and	32779
noncombustible material, street dirt, and debris. "Solid wastes"	32780
does not include any material that is an infectious waste or a	32781
hazardous waste.	32782

(F) "Disposal" means the discharge, deposit, injection,	32783
dumping, spilling, leaking, emitting, or placing of any solid	32784
wastes or hazardous waste into or on any land or ground or surface	32785
water or into the air, except if the disposition or placement	32786
constitutes storage or treatment or, if the solid wastes consist	32787
of scrap tires, the disposition or placement constitutes a	32788
beneficial use or occurs at a scrap tire recovery facility	32789
licensed under section 3734.81 of the Revised Code.	32790

(G) "Person" includes the state, any political subdivision	32791
and other state or local body, the United States and any agency or	32792
instrumentality thereof, and any legal entity defined as a person	32793
under section 1.59 of the Revised Code.	32794

(H) "Open burning" means the burning of solid wastes in an	32795
open area or burning of solid wastes in a type of chamber or	32796
vessel that is not approved or authorized in rules adopted by the	32797
director under section 3734.02 of the Revised Code or, if the	32798
solid wastes consist of scrap tires, in rules adopted under	32799
division (V) of this section or section 3734.73 of the Revised	32800
Code, or the burning of treated or untreated infectious wastes in	32801
an open area or in a type of chamber or vessel that is not	32802
approved in rules adopted by the director under section 3734.021	32803
of the Revised Code.	32804

(I) "Open dumping" means the depositing of solid wastes into	32805
a body or stream of water or onto the surface of the ground at a	32806
site that is not licensed as a solid waste facility under section	32807
3734.05 of the Revised Code or, if the solid wastes consist of	32808
scrap tires, as a scrap tire collection, storage, monocell,	32809
monofill, or recovery facility under section 3734.81 of the	32810
Revised Code; the depositing of solid wastes that consist of scrap	32811
tires onto the surface of the ground at a site or in a manner not	32812
specifically identified in divisions (C)(2) to (5), (7), or (10)	32813
of section 3734.85 of the Revised Code; the depositing of	32814
untreated infectious wastes into a body or stream of water or onto	32815
the surface of the ground; or the depositing of treated infectious	32816
wastes into a body or stream of water or onto the surface of the	32817
ground at a site that is not licensed as a solid waste facility	32818
under section 3734.05 of the Revised Code.	32819

(J) "Hazardous waste" means any waste or combination of	32820
wastes in solid, liquid, semisolid, or contained gaseous form that	32821
in the determination of the director, because of its quantity,	32822
concentration, or physical or chemical characteristics, may do	32823
either of the following:	32824

(1) Cause or significantly contribute to an increase in	32825
mortality or an increase in serious irreversible or incapacitating	32826
reversible illness;	32827

(2) Pose a substantial present or potential hazard to human	32828
health or safety or to the environment when improperly stored,	32829
treated, transported, disposed of, or otherwise managed.	32830

"Hazardous waste" includes any substance identified by	32831
regulation as hazardous waste under the "Resource Conservation and	32832
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	32833
amended, and does not include any substance that is subject to the	32834
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as	32835
amended.	32836

(K) "Treat" or "treatment," when used in connection with	32837
hazardous waste, means any method, technique, or process designed	32838
to change the physical, chemical, or biological characteristics or	32839
composition of any hazardous waste; to neutralize the waste; to	32840
recover energy or material resources from the waste; to render the	32841
waste nonhazardous or less hazardous, safer to transport, store,	32842
or dispose of, or amenable for recovery, storage, further	32843
treatment, or disposal; or to reduce the volume of the waste. When	32844
used in connection with infectious wastes, "treat" or "treatment"	32845
means any method, technique, or process designed to render the	32846
wastes noninfectious, including, without limitation, steam	32847
sterilization and incineration, or, in the instance of wastes	32848
identified in division (R)(7) of this section, to substantially	32849
reduce or eliminate the potential for the wastes to cause	32850
lacerations or puncture wounds.	32851

(L) "Manifest" means the form used for identifying the	32852
quantity, composition, origin, routing, and destination of	32853
hazardous waste during its transportation from the point of	32854
generation to the point of disposal, treatment, or storage.	32855

(M) "Storage," when used in connection with hazardous waste,	32856
means the holding of hazardous waste for a temporary period in	32857
such a manner that it remains retrievable and substantially	32858
unchanged physically and chemically and, at the end of the period,	32859
is treated; disposed of; stored elsewhere; or reused, recycled, or	32860
reclaimed in a beneficial manner. When used in connection with	32861
solid wastes that consist of scrap tires, "storage" means the	32862
holding of scrap tires for a temporary period in such a manner	32863
that they remain retrievable and, at the end of that period, are	32864
beneficially used; stored elsewhere; placed in a scrap tire	32865
monocell or monofill facility licensed under section 3734.81 of	32866
the Revised Code; processed at a scrap tire recovery facility	32867
licensed under that section or a solid waste incineration or	32868
energy recovery facility subject to regulation under this chapter;	32869
or transported to a scrap tire monocell, monofill, or recovery	32870
facility, any other solid waste facility authorized to dispose of	32871
scrap tires, or a facility that will beneficially use the scrap	32872
tires, that is located in another state and is operating in	32873
compliance with the laws of the state in which the facility is	32874
located.	32875

(N) "Facility" means any site, location, tract of land,	32876
installation, or building used for incineration, composting,	32877
sanitary landfilling, or other methods of disposal of solid wastes	32878
or, if the solid wastes consist of scrap tires, for the	32879
collection, storage, or processing of the solid wastes; for the	32880
transfer of solid wastes; for the treatment of infectious wastes;	32881
or for the storage, treatment, or disposal of hazardous waste.	32882

(O) "Closure" means the time at which a hazardous waste	32883
facility will no longer accept hazardous waste for treatment,	32884
storage, or disposal, the time at which a solid waste facility	32885
will no longer accept solid wastes for transfer or disposal or, if	32886
the solid wastes consist of scrap tires, for storage or	32887
processing, or the effective date of an order revoking the permit	32888
for a hazardous waste facility or the registration certificate,	32889
permit, or license for a solid waste facility, as applicable.	32890
"Closure" includes measures performed to protect public health or	32891
safety, to prevent air or water pollution, or to make the facility	32892
suitable for other uses, if any, including, but not limited to,	32893
the removal of processing residues resulting from solid wastes	32894
that consist of scrap tires; the establishment and maintenance of	32895
a suitable cover of soil and vegetation over cells in which	32896
hazardous waste or solid wastes are buried; minimization of	32897
erosion, the infiltration of surface water into such cells, the	32898
production of leachate, and the accumulation and runoff of	32899
contaminated surface water; the final construction of facilities	32900
for the collection and treatment of leachate and contaminated	32901
surface water runoff, except as otherwise provided in this	32902
division; the final construction of air and water quality	32903
monitoring facilities, except as otherwise provided in this	32904
division; the final construction of methane gas extraction and	32905
treatment systems; or the removal and proper disposal of hazardous	32906
waste or solid wastes from a facility when necessary to protect	32907
public health or safety or to abate or prevent air or water	32908
pollution. With regard to a solid waste facility that is a scrap	32909
tire facility, "closure" includes the final construction of	32910
facilities for the collection and treatment of leachate and	32911
contaminated surface water runoff and the final construction of	32912
air and water quality monitoring facilities only if those actions	32913
are determined to be necessary.	32914

(P) "Premises" means either of the following:

32915

(1) Geographically contiguous property owned by a generator;

32916

(2) Noncontiguous property that is owned by a generator and	32917
connected by a right-of-way that the generator controls and to	32918
which the public does not have access. Two or more pieces of	32919
property that are geographically contiguous and divided by public	32920
or private right-of-way or rights-of-way are a single premises.	32921

(Q) "Post-closure" means that period of time following	32922
closure during which a hazardous waste facility is required to be	32923
monitored and maintained under this chapter and rules adopted	32924
under it, including, without limitation, operation and maintenance	32925
of methane gas extraction and treatment systems, or the period of	32926
time after closure during which a scrap tire monocell or monofill	32927
facility licensed under section 3734.81 of the Revised Code is	32928
required to be monitored and maintained under this chapter and	32929
rules adopted under it.	32930

(R) "Infectious wastes" includes all of the following	32931
substances or categories of substances:	32932

(1) Cultures and stocks of infectious agents and associated	32933
biologicals, including, without limitation, specimen cultures,	32934
cultures and stocks of infectious agents, wastes from production	32935
of biologicals, and discarded live and attenuated vaccines;	32936

(2) Laboratory wastes that were, or are likely to have been,	32937
in contact with infectious agents that may present a substantial	32938
threat to public health if improperly managed;	32939

(3) Pathological wastes, including, without limitation, human	32940
and animal tissues, organs, and body parts, and body fluids and	32941
excreta that are contaminated with or are likely to be	32942
contaminated with infectious agents, removed or obtained during	32943
surgery or autopsy or for diagnostic evaluation, provided that,	32944
with regard to pathological wastes from animals, the animals have	32945
or are likely to have been exposed to a zoonotic or infectious	32946
agent;	32947

(4) Waste materials from the rooms of humans, or the	32948
enclosures of animals, that have been isolated because of	32949
diagnosed communicable disease that are likely to transmit	32950
infectious agents. Such waste materials from the rooms of humans	32951
do not include any wastes of patients who have been placed on	32952
blood and body fluid precautions under the universal precaution	32953
system established by the centers for disease control in the	32954
public health service of the United States department of health	32955
and human services, except to the extent specific wastes generated	32956
under the universal precautions system have been identified as	32957
infectious wastes by rules adopted under division (R)(8) of this	32958
section.	32959

(5) Human and animal blood specimens and blood products that	32960
are being disposed of, provided that, with regard to blood	32961
specimens and blood products from animals, the animals were or are	32962
likely to have been exposed to a zoonotic or infectious agent.	32963
"Blood products" does not include patient care waste such as	32964
bandages or disposable gowns that are lightly soiled with blood or	32965
other body fluids unless those wastes are soiled to the extent	32966
that the generator of the wastes determines that they should be	32967
managed as infectious wastes.	32968

(6) Contaminated carcasses, body parts, and bedding of	32969
animals that were intentionally exposed to infectious agents from	32970
zoonotic or human diseases during research, production of	32971
biologicals, or testing of pharmaceuticals, and carcasses and	32972
bedding of animals otherwise infected by zoonotic or infectious	32973
agents that may present a substantial threat to public health if	32974
improperly managed;	32975

(7) Sharp wastes used in the treatment, diagnosis, or	32976
inoculation of human beings or animals or that have, or are likely	32977
to have, come in contact with infectious agents in medical,	32978
research, or industrial laboratories, including, without	32979
limitation, hypodermic needles and syringes, scalpel blades, and	32980
glass articles that have been broken;	32981

(8) Any other waste materials generated in the diagnosis,	32982
treatment, or immunization of human beings or animals, in research	32983
pertaining thereto, or in the production or testing of	32984
biologicals, that the public health council created in section	32985
3701.33 of the Revised Code, by rules adopted in accordance with	32986
Chapter 119. of the Revised Code, identifies as infectious wastes	32987
after determining that the wastes present a substantial threat to	32988
human health when improperly managed because they are contaminated	32989
with, or are likely to be contaminated with, infectious agents.	32990

(S) "Infectious agent" means a type of microorganism,	32991
helminth, or virus that causes, or significantly contributes to	32992
the cause of, increased morbidity or mortality of human beings.	32993

(T) "Zoonotic agent" means a type of microorganism, helminth,	32994
or virus that causes disease in vertebrate animals and that is	32995
transmissible to human beings and causes or significantly	32996
contributes to the cause of increased morbidity or mortality of	32997
human beings.	32998

(U) "Solid waste transfer facility" means any site, location,	32999
tract of land, installation, or building that is used or intended	33000
to be used primarily for the purpose of transferring solid wastes	33001
that were generated off the premises of the facility from vehicles	33002
or containers into other vehicles for transportation to a solid	33003
waste disposal facility. "Solid waste transfer facility" does not	33004
include any facility that consists solely of portable containers	33005
that have an aggregate volume of fifty cubic yards or less nor any	33006
facility where legitimate recycling activities are conducted.	33007

(V) "Beneficially use" means to use a scrap tire in a manner	33008
that results in a commodity for sale or exchange or in any other	33009
manner authorized as a beneficial use in rules adopted by the	33010
director in accordance with Chapter 119. of the Revised Code.	33011

(W) "Commercial car," "commercial tractor," "farm machinery,"	33012
"motor bus," "vehicles," "motor vehicle," and "semitrailer" have	33013
the same meanings as in section 4501.01 of the Revised Code.	33014

(X) "Construction equipment" means road rollers, traction	33015
engines, power shovels, power cranes, and other equipment used in	33016
construction work, or in mining or producing or processing	33017
aggregates, and not designed for or used in general highway	33018
transportation.	33019

(Y) "Motor vehicle salvage dealer" has the same meaning as in	33020
section 4738.01 of the Revised Code.	33021

(Z) "Scrap tire" means an unwanted or discarded tire.

33022

(AA) "Scrap tire collection facility" means any facility that	33023
meets all of the following qualifications:	33024

(1) The facility is used for the receipt and storage of whole	33025
scrap tires from the public prior to their transportation to a	33026
scrap tire storage, monocell, monofill, or recovery facility	33027
licensed under section 3734.81 of the Revised Code; a solid waste	33028
incineration or energy recovery facility subject to regulation	33029
under this chapter; a premises within the state where the scrap	33030
tires will be beneficially used; or a scrap tire storage,	33031
monocell, monofill, or recovery facility, any other solid waste	33032
disposal facility authorized to dispose of scrap tires, or a	33033
facility that will beneficially use the scrap tires, that is	33034
located in another state, and that is operating in compliance with	33035
the laws of the state in which the facility is located;.	33036

(2) The facility exclusively stores scrap tires in portable	33037
containers;.	33038

(3) The aggregate storage of the portable containers in which	33039
the scrap tires are stored does not exceed five thousand cubic	33040
feet.	33041

(BB) "Scrap tire monocell facility" means an individual site	33042
within a solid waste landfill that is used exclusively for the	33043
environmentally sound storage or disposal of whole scrap tires or	33044
scrap tires that have been shredded, chipped, or otherwise	33045
mechanically processed.	33046

(CC) "Scrap tire monofill facility" means an engineered	33047
facility used or intended to be used exclusively for the storage	33048
or disposal of scrap tires, including at least facilities for the	33049
submergence of whole scrap tires in a body of water.	33050

(DD) "Scrap tire recovery facility" means any facility, or	33051
portion thereof, for the processing of scrap tires for the purpose	33052
of extracting or producing usable products, materials, or energy	33053
from the scrap tires through a controlled combustion process,	33054
mechanical process, or chemical process. "Scrap tire recovery	33055
facility" includes any facility that uses the controlled	33056
combustion of scrap tires in a manufacturing process to produce	33057
process heat or steam or any facility that produces usable heat or	33058
electric power through the controlled combustion of scrap tires in	33059
combination with another fuel, but does not include any solid	33060
waste incineration or energy recovery facility that is designed,	33061
constructed, and used for the primary purpose of incinerating	33062
mixed municipal solid wastes and that burns scrap tires in	33063
conjunction with mixed municipal solid wastes, or any tire	33064
retreading business, tire manufacturing finishing center, or tire	33065
adjustment center having on the premises of the business a single,	33066
covered scrap tire storage area at which not more than four	33067
thousand scrap tires are stored.	33068

(EE) "Scrap tire storage facility" means any facility where	33069
whole scrap tires are stored prior to their transportation to a	33070
scrap tire monocell, monofill, or recovery facility licensed under	33071
section 3734.81 of the Revised Code; a solid waste incineration or	33072
energy recovery facility subject to regulation under this chapter;	33073
a premises within the state where the scrap tires will be	33074
beneficially used; or a scrap tire storage, monocell, monofill, or	33075
recovery facility, any other solid waste disposal facility	33076
authorized to dispose of scrap tires, or a facility that will	33077
beneficially use the scrap tires, that is located in another	33078
state, and that is operating in compliance with the laws of the	33079
state in which the facility is located.	33080

(FF) "Used oil" means any oil that has been refined from	33081
crude oil, or any synthetic oil, that has been used and, as a	33082
result of that use, is contaminated by physical or chemical	33083
impurities. "Used oil" includes only those substances identified	33084
as used oil by the United States environmental protection agency	33085
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42	33086
U.S.C.A. 6901a, as amended.	33087

Sec. 3734.28. All moneys collected under sections 3734.122,	33088
3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised	33089
Code and natural resource damages collected by the state under the	33090
"Comprehensive Environmental Response, Compensation, and Liability	33091
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall	33092
be paid into the state treasury to the credit of the hazardous	33093
waste clean-up fund, which is hereby created. In addition, any	33094
moneys recovered for costs paid from the fund for activities	33095
described in division (A)(1) and (2) of section 3745.12 of the	33096
Revised Code shall be credited to the fund. The environmental	33097
protection agency shall use the moneys in the fund for the	33098
purposes set forth in division (D) of section 3734.122, sections	33099
3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27,	33100
and, through October 15, 2005, divisions (A)(1) and (2) of section	33101
3745.12 and Chapter 3746. of the Revised Code, including any	33102
related enforcement expenses. In addition, the agency shall use	33103
the moneys in the fund to pay the state's long-term operation and	33104
maintenance costs or matching share for actions taken under the	33105
"Comprehensive Environmental Response, Compensation, and Liability	33106
Act of 1980," as amended. If those moneys are reimbursed by grants	33107
or other moneys from the United States or any other person, the	33108
moneys shall be placed in the fund and not in the general revenue	33109
fund.	33110

Sec. 3734.57. (A) ~~For the purposes of paying the state's~~	33111
~~long-term operation costs or matching share for actions taken~~	33112
~~under the "Comprehensive Environmental Response, Compensation, and~~	33113
~~Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as~~	33114
~~amended; paying the costs of measures for proper clean-up of sites~~	33115
~~where polychlorinated biphenyls and substances, equipment, and~~	33116
~~devices containing or contaminated with polychlorinated biphenyls~~	33117
~~have been stored or disposed of; paying the costs of conducting~~	33118
~~surveys or investigations of solid waste facilities or other~~	33119
~~locations where it is believed that significant quantities of~~	33120
~~hazardous waste were disposed of and for conducting enforcement~~	33121
~~actions arising from the findings of such surveys or~~	33122
~~investigations; paying the costs of acquiring and cleaning up, or~~	33123
~~providing financial assistance for cleaning up, any hazardous~~	33124
~~waste facility or solid waste facility containing significant~~	33125
~~quantities of hazardous waste, that constitutes an imminent and~~	33126
~~substantial threat to public health or safety or the environment;~~	33127
~~and, from July 1, 2003, through June 30, 2006, for the purposes of~~	33128
~~paying the costs of administering and enforcing the laws~~	33129
~~pertaining to solid wastes, infectious wastes, and construction~~	33130
~~and demolition debris, including, without limitation, ground water~~	33131
~~evaluations related to solid wastes, infectious wastes, and~~	33132
~~construction and demolition debris, under this chapter and Chapter~~	33133
~~3714. of the Revised Code and any rules adopted under them, and~~	33134
~~paying a share of the administrative costs of the environmental~~	33135
~~protection agency pursuant to section 3745.014 of the Revised~~	33136
~~Code, the~~The following fees are hereby levied on the disposal of	33137
solid wastes in this state:	33138

(1) One dollar per ton ~~on and after July 1, 1993~~, one-half of	33139
the proceeds of which shall be deposited in the state treasury to	33140
the credit of the hazardous waste facility management fund created	33141
in section 3734.18 of the Revised Code and one-half of the	33142
proceeds of which shall be deposited in the state treasury to the	33143
credit of the hazardous waste clean-up fund created in section	33144
3734.28 of the Revised Code;	33145

(2) An additional one dollar per ton on and after July 1,	33146
2003, through June 30, ~~2006~~2008, the proceeds of which shall be	33147
deposited in the state treasury to the credit of the solid waste	33148
fund, which is hereby created. The environmental protection agency	33149
shall use money in the solid waste fund to pay the costs of	33150
administering and enforcing the laws pertaining to solid wastes,	33151
infectious wastes, and construction and demolition debris,	33152
including, without limitation, ground water evaluations related to	33153
solid wastes, infectious wastes, and construction and demolition	33154
debris, under this chapter and Chapter 3714. of the Revised Code	33155
and any rules adopted under them, providing compliance assistance	33156
to small businesses, and paying a share of the administrative	33157
costs of the environmental protection agency pursuant to section	33158
3745.014 of the Revised Code.	33159

(3) An additional one dollar and fifty cents per ton on and	33160
after July 1, 2005, the proceeds of which shall be deposited in	33161
the state treasury to the credit of the environmental protection	33162
fund created in section 3745.015 of the Revised Code.	33163

In the case of solid wastes that are taken to a solid waste	33164
transfer facility prior to being transported to a solid waste	33165
disposal facility for disposal, the fees levied under this	33166
division shall be collected by the owner or operator of the	33167
transfer facility as a trustee for the state. In the case of solid	33168
wastes that are not taken to a solid waste transfer facility prior	33169
to being transported to a solid waste disposal facility, the fees	33170
shall be collected by the owner or operator of the solid waste	33171
disposal facility as a trustee for the state. Fees levied under	33172
this division do not apply to materials separated from a mixed	33173
waste stream for recycling by a generator or materials removed	33174
from the solid waste stream through recycling, as "recycling" is	33175
defined in rules adopted under section 3734.02 of the Revised	33176
Code.	33177

The owner or operator of a solid waste transfer facility or	33178
disposal facility ~~shall collect the fees levied under this~~	33179
~~division as a trustee for the state and~~, as applicable, shall	33180
prepare and file with the director of environmental protection	33181
~~monthly returns~~each month a return indicating the total tonnage	33182
of solid wastes received ~~for disposal~~ at ~~the gate of~~ the facility	33183
during that month and the total amount of the fees required to be	33184
collected under this division during that month. The amount of	33185
fees required to be collected under this division shall equal the	33186
total tonnage of solid wastes received at the facility multiplied	33187
by the fees levied under this division. The monthly returns shall	33188
be filed on a form prescribed by the director. Not later than	33189
thirty days after the last day of the month to which ~~such~~ a return	33190
applies, the owner or operator shall mail to the director the	33191
return for that month together with the fees required to be	33192
collected under this division during that month as indicated on	33193
the return. ~~The~~If the return is filed and the amount of the fees	33194
due is paid in a timely manner as required in this division, the	33195
owner or operator may retain a discount of three-fourths of one	33196
per cent of the total amount of the fees that are required to be	33197
paid as indicated on the return.	33198

The owner or operator may request an extension of not more	33199
than thirty days for filing the return and remitting the fees,	33200
provided that the owner or operator has submitted such a request	33201
in writing to the director together with a detailed description of	33202
why the extension is requested, the director has received the	33203
request not later than the day on which the return is required to	33204
be filed, and the director has approved the request. If the fees	33205
are not remitted within thirty days after the last day of the	33206
month ~~during which they were collected~~to which the return applies	33207
or are not remitted by the last day of an extension approved by	33208
the director, the owner or operator shall not retain the	33209
three-fourths of one per cent discount and shall pay an additional	33210
~~fifty~~ten per cent of the amount of the fees for each month that	33211
they are late. For purposes of calculating the late fee, the first	33212
month in which fees are late begins on the first day after the	33213
deadline has passed for timely submitting the return and fees, and	33214
one additional month shall be counted every thirty days	33215
thereafter.	33216

~~One-half of the moneys remitted to the director under~~	33217
~~division (A)(1) of this section shall be credited to the hazardous~~	33218
~~waste facility management fund created in section 3734.18 of the~~	33219
~~Revised Code, and one-half shall be credited to the hazardous~~	33220
~~waste clean-up fund created in section 3734.28 of the Revised~~	33221
~~Code. The moneys remitted to the director under division (A)(2) of~~	33222
~~this section shall be credited to the solid waste fund, which is~~	33223
~~hereby created in the state treasury. The environmental protection~~	33224
~~agency shall use moneys in the solid waste fund only to pay the~~	33225
~~costs of administering and enforcing the laws pertaining to solid~~	33226
~~wastes, infectious wastes, and construction and demolition debris,~~	33227
~~including, without limitation, ground water evaluations related to~~	33228
~~solid wastes, infectious wastes, and construction and demolition~~	33229
~~debris, under this chapter and Chapter 3714. of the Revised Code~~	33230
~~and rules adopted under them and to pay a share of the~~	33231
~~administrative costs of the environmental protection agency~~	33232
~~pursuant to section 3745.014 of the Revised Code.~~	33233

For purposes of computing the fees levied under this division	33234
or division (B) of this section, any solid waste transfer or	33235
disposal facility that does not use scales as a means of	33236
determining gate receipts shall use a conversion factor of three	33237
cubic yards per ton of solid waste or one cubic yard per ton for	33238
baled waste, as applicable.	33239

The fees levied under this division and divisions (B) and (C)	33240
of this section are in addition to all other applicable fees and	33241
taxes and shall be added to any other fee or amount specified in a	33242
contract that is charged by the owner or operator of a solid waste	33243
transfer or disposal facility or to any other fee or amount that	33244
is specified in a contract ~~entered into on or after March 4, 1992,~~	33245
and that is charged by a transporter of solid wastes.	33246

(B) For the ~~purpose of preparing, revising, and implementing~~	33247
~~the solid waste management plan of the county or joint solid waste~~	33248
~~management district, including, without limitation, the~~	33249
~~development and implementation of solid waste recycling or~~	33250
~~reduction programs; providing financial assistance to boards of~~	33251
~~health within the district, if solid waste facilities are located~~	33252
~~within the district, for the enforcement of this chapter and rules~~	33253
~~adopted and orders and terms and conditions of permits, licenses,~~	33254
~~and variances issued under it, other than the hazardous waste~~	33255
~~provisions of this chapter and rules adopted and orders and terms~~	33256
~~and conditions of permits issued under those provisions; providing~~	33257
~~financial assistance to the county to defray the added costs of~~	33258
~~maintaining roads and other public facilities and of providing~~	33259
~~emergency and other public services resulting from the location~~	33260
~~and operation of a solid waste facility within the county under~~	33261
~~the district's approved solid waste management plan; paying the~~	33262
~~costs incurred by boards of health for collecting and analyzing~~	33263
~~water samples from public or private wells on lands adjacent to~~	33264
~~solid waste facilities that are contained in the approved or~~	33265
~~amended plan of the district; paying the costs of developing and~~	33266
~~implementing a program for the inspection of solid wastes~~	33267
~~generated outside the boundaries of this state that are disposed~~	33268
~~of at solid waste facilities included in the district's approved~~	33269
~~solid waste management plan or amended plan; providing financial~~	33270
~~assistance to boards of health within the district for enforcing~~	33271
~~laws prohibiting open dumping; providing financial assistance to~~	33272
~~local law enforcement agencies within the district for enforcing~~	33273
~~laws and ordinances prohibiting littering; providing financial~~	33274
~~assistance to boards of health of health districts within the~~	33275
~~district that are on the approved list under section 3734.08 of~~	33276
~~the Revised Code for the training and certification required for~~	33277
~~their employees responsible for solid waste enforcement by rules~~	33278
~~adopted under division (L) of section 3734.02 of the Revised Code;~~	33279
~~providing financial assistance to individual municipal~~	33280
~~corporations and townships within the district to defray their~~	33281
~~added costs of maintaining roads and other public facilities and~~	33282
~~of providing emergency and other public services resulting from~~	33283
~~the location and operation within their boundaries of a~~	33284
~~composting, energy or resource recovery, incineration, or~~	33285
~~recycling facility that either is owned by the district or is~~	33286
~~furnishing solid waste management facility or recycling services~~	33287
~~to the district pursuant to a contract or agreement with the board~~	33288
~~of county commissioners or directors of the district; and payment~~	33289
~~of any expenses that are agreed to, awarded, or ordered to be paid~~	33290
~~under section 3734.35 of the Revised Code and of any~~	33291
~~administrative costs incurred pursuant to that section~~purposes	33292
specified in division (G) of this section, the solid waste	33293
management policy committee of a county or joint solid waste	33294
management district may levy fees upon the following activities:	33295

(1) The disposal at a solid waste disposal facility located	33296
in the district of solid wastes generated within the district;	33297

(2) The disposal at a solid waste disposal facility within	33298
the district of solid wastes generated outside the boundaries of	33299
the district, but inside this state;	33300

(3) The disposal at a solid waste disposal facility within	33301
the district of solid wastes generated outside the boundaries of	33302
this state.	33303

~~If any such fees are levied prior to January 1, 1994, fees~~	33304
Fees levied under division (B)(1) of this section always shall be	33305
equal to one-half of the fees levied under division (B)(2) of this	33306
section, and fees levied under division (B)(3) of this section,	33307
~~which shall be in addition to fees levied under division (B)(2) of~~	33308
~~this section,~~ always shall be equal to fees levied under division	33309
(B)(1) of this section~~, except as otherwise provided in this~~	33310
~~division~~. The solid waste management plan of the county or joint	33311
district approved under section 3734.521 or 3734.55 of the Revised	33312
Code and any amendments to it, or the resolution adopted under	33313
this division, as appropriate, shall establish the rates of the	33314
fees levied under divisions (B)(1), (2), and (3) of this section,	33315
if any, and shall specify whether the fees are levied on the basis	33316
of tons or cubic yards as the unit of measurement. ~~Although the~~	33317
~~fees under divisions (A)(1) and (2) of this section are levied on~~	33318
~~the basis of tons as the unit of measurement, the~~A solid waste	33319
management ~~plan of the~~ district ~~and any amendments to it or the~~	33320
~~solid waste management policy committee in its resolution levying~~	33321
~~fees under this division may direct~~ that ~~the~~levies fees ~~levied~~	33322
under ~~those divisions be levied~~this division on the basis of	33323
cubic yards ~~as the unit of measurement based upon a conversion~~	33324
~~factor of three cubic yards per ton generally or one cubic yard~~	33325
~~per ton for baled wastes if the fees under divisions (B)(1) to (3)~~	33326
~~of this section are being levied on the basis of cubic yards as~~	33327
~~the unit of measurement under the plan, amended plan, or~~	33328
~~resolution~~shall do so in accordance with division (A) of this	33329
section.	33330

~~On and after January 1, 1994, the~~The fee levied under	33331
division (B)(1) of this section shall be not less than one dollar	33332
per ton nor more than two dollars per ton, the fee levied under	33333
division (B)(2) of this section shall be not less than two dollars	33334
per ton nor more than four dollars per ton, and the fee levied	33335
under division (B)(3) of this section shall be not more than the	33336
fee levied under division (B)(1) of this section~~, except as~~	33337
~~otherwise provided in this division and notwithstanding any~~	33338
~~schedule of those fees established in the solid waste management~~	33339
~~plan of a county or joint district approved under section 3734.55~~	33340
~~of the Revised Code or a resolution adopted and ratified under~~	33341
~~this division that is in effect on that date. If the fee that a~~	33342
~~district is levying under division (B)(1) of this section on that~~	33343
~~date under its approved plan or such a resolution is less than one~~	33344
~~dollar per ton, the fee shall be one dollar per ton on and after~~	33345
~~January 1, 1994, and if the fee that a district is so levying~~	33346
~~under that division exceeds two dollars per ton, the fee shall be~~	33347
~~two dollars per ton on and after that date. If the fee that a~~	33348
~~district is so levying under division (B)(2) of this section is~~	33349
~~less than two dollars per ton, the fee shall be two dollars per~~	33350
~~ton on and after that date, and if the fee that the district is so~~	33351
~~levying under that division exceeds four dollars per ton, the fee~~	33352
~~shall be four dollars per ton on and after that date. On that~~	33353
~~date, the fee levied by a district under division (B)(3) of this~~	33354
~~section shall be equal to the fee levied under division (B)(1) of~~	33355
~~this section. Except as otherwise provided in this division, the~~	33356
~~fees established by the operation of this amendment shall remain~~	33357
~~in effect until the district's resolution levying fees under this~~	33358
~~division is amended or repealed in accordance with this division~~	33359
~~to amend or abolish the schedule of fees, the schedule of fees is~~	33360
~~amended or abolished in an amended plan of the district approved~~	33361
~~under section 3734.521 or division (A) or (D) of section 3734.56~~	33362
~~of the Revised Code, or the schedule of fees is amended or~~	33363
~~abolished through an amendment to the district's plan under~~	33364
~~division (E) of section 3734.56 of the Revised Code; the~~	33365
~~notification of the amendment or abolishment of the fees has been~~	33366
~~given in accordance with this division; and collection of the~~	33367
~~amended fees so established commences, or collection of the fees~~	33368
~~ceases, in accordance with this division.~~	33369

~~The solid waste management policy committee of a district~~	33370
~~levying fees under divisions (B)(1) to (3) of this section on~~	33371
~~October 29, 1993, under its solid waste management plan approved~~	33372
~~under section 3734.55 of the Revised Code or a resolution adopted~~	33373
~~and ratified under this division that are within the ranges of~~	33374
~~rates prescribed by this amendment, by adoption of a resolution~~	33375
~~not later than December 1, 1993, and without the necessity for~~	33376
~~ratification of the resolution under this division, may amend~~	33377
~~those fees within the prescribed ranges, provided that the~~	33378
~~estimated revenues from the amended fees will not substantially~~	33379
~~exceed the estimated revenues set forth in the district's budget~~	33380
~~for calendar year 1994. Not later than seven days after the~~	33381
~~adoption of such a resolution, the committee shall notify by~~	33382
~~certified mail the owner or operator of each solid waste disposal~~	33383
~~facility that is required to collect the fees of the adoption of~~	33384
~~the resolution and of the amount of the amended fees. Collection~~	33385
~~of the amended fees shall take effect on the first day of the~~	33386
~~first month following the month in which the notification is sent~~	33387
~~to the owner or operator. The fees established in such a~~	33388
~~resolution shall remain in effect until the district's resolution~~	33389
~~levying fees that was adopted and ratified under this division is~~	33390
~~amended or repealed, and the amendment or repeal of the resolution~~	33391
~~is ratified, in accordance with this division, to amend or abolish~~	33392
~~the fees, the schedule of fees is amended or abolished in an~~	33393
~~amended plan of the district approved under section 3734.521 or~~	33394
~~division (A) or (D) of section 3734.56 of the Revised Code, or the~~	33395
~~schedule of fees is amended or abolished through an amendment to~~	33396
~~the district's plan under division (E) of section 3734.56 of the~~	33397
~~Revised Code; the notification of the amendment or abolishment of~~	33398
~~the fees has been given in accordance with this division; and~~	33399
~~collection of the amended fees so established commences, or~~	33400
~~collection of the fees ceases, in accordance with this division~~.	33401

Prior to the approval of the solid waste management plan of	33402
~~the~~a district under section 3734.55 of the Revised Code, the	33403
solid waste management policy committee of a district may levy	33404
fees under this division by adopting a resolution establishing the	33405
proposed amount of the fees. Upon adopting the resolution, the	33406
committee shall deliver a copy of the resolution to the board of	33407
county commissioners of each county forming the district and to	33408
the legislative authority of each municipal corporation and	33409
township under the jurisdiction of the district and shall prepare	33410
and publish the resolution and a notice of the time and location	33411
where a public hearing on the fees will be held. Upon adopting the	33412
resolution, the committee shall deliver written notice of the	33413
adoption of the resolution; of the amount of the proposed fees;	33414
and of the date, time, and location of the public hearing to the	33415
director and to the fifty industrial, commercial, or institutional	33416
generators of solid wastes within the district that generate the	33417
largest quantities of solid wastes, as determined by the	33418
committee, and to their local trade associations. The committee	33419
shall make good faith efforts to identify those generators within	33420
the district and their local trade associations, but the	33421
nonprovision of notice under this division to a particular	33422
generator or local trade association does not invalidate the	33423
proceedings under this division. The publication shall occur at	33424
least thirty days before the hearing. After the hearing, the	33425
committee may make such revisions to the proposed fees as it	33426
considers appropriate and thereafter, by resolution, shall adopt	33427
the revised fee schedule. Upon adopting the revised fee schedule,	33428
the committee shall deliver a copy of the resolution doing so to	33429
the board of county commissioners of each county forming the	33430
district and to the legislative authority of each municipal	33431
corporation and township under the jurisdiction of the district.	33432
Within sixty days after the delivery of a copy of the resolution	33433
adopting the proposed revised fees by the policy committee, each	33434
such board and legislative authority, by ordinance or resolution,	33435
shall approve or disapprove the revised fees and deliver a copy of	33436
the ordinance or resolution to the committee. If any such board or	33437
legislative authority fails to adopt and deliver to the policy	33438
committee an ordinance or resolution approving or disapproving the	33439
revised fees within sixty days after the policy committee	33440
delivered its resolution adopting the proposed revised fees, it	33441
shall be conclusively presumed that the board or legislative	33442
authority has approved the proposed revised fees. The committee	33443
shall determine if the resolution has been ratified in the same	33444
manner in which it determines if a draft solid waste management	33445
plan has been ratified under division (B) of section 3734.55 of	33446
the Revised Code.	33447

~~In the case of a county district or a joint district formed~~	33448
~~by two or three counties, the committee shall declare the proposed~~	33449
~~revised fees to be ratified as the fee schedule of the district~~	33450
~~upon determining that the board of county commissioners of each~~	33451
~~county forming the district has approved the proposed revised fees~~	33452
~~and that the legislative authorities of a combination of municipal~~	33453
~~corporations and townships with a combined population within the~~	33454
~~district comprising at least sixty per cent of the total~~	33455
~~population of the district have approved the proposed revised~~	33456
~~fees, provided that in the case of a county district, that~~	33457
~~combination shall include the municipal corporation having the~~	33458
~~largest population within the boundaries of the district, and~~	33459
~~provided further that in the case of a joint district formed by~~	33460
~~two or three counties, that combination shall include for each~~	33461
~~county forming the joint district the municipal corporation having~~	33462
~~the largest population within the boundaries of both the county in~~	33463
~~which the municipal corporation is located and the joint district.~~	33464
~~In the case of a joint district formed by four or more counties,~~	33465
~~the committee shall declare the proposed revised fees to be~~	33466
~~ratified as the fee schedule of the joint district upon~~	33467
~~determining that the boards of county commissioners of a majority~~	33468
~~of the counties forming the district have approved the proposed~~	33469
~~revised fees; that, in each of a majority of the counties forming~~	33470
~~the joint district, the proposed revised fees have been approved~~	33471
~~by the municipal corporation having the largest population within~~	33472
~~the county and the joint district; and that the legislative~~	33473
~~authorities of a combination of municipal corporations and~~	33474
~~townships with a combined population within the joint district~~	33475
~~comprising at least sixty per cent of the total population of the~~	33476
~~joint district have approved the proposed revised fees.~~	33477

~~For the purposes of this division, only the population of the~~	33478
~~unincorporated area of a township shall be considered. For the~~	33479
~~purpose of determining the largest municipal corporation within~~	33480
~~each county under this division, a municipal corporation that is~~	33481
~~located in more than one solid waste management district, but that~~	33482
~~is under the jurisdiction of one county or joint solid waste~~	33483
~~management district in accordance with division (A) of section~~	33484
~~3734.52 of the Revised Code shall be considered to be within the~~	33485
~~boundaries of the county in which a majority of the population of~~	33486
~~the municipal corporation resides.~~	33487

The committee may amend the schedule of fees levied pursuant	33488
to a resolution ~~or amended resolution~~ adopted and ratified under	33489
this division by adopting a resolution establishing the proposed	33490
amount of the amended fees. The committee may ~~abolish~~repeal the	33491
fees levied pursuant to such a resolution ~~or amended resolution~~ by	33492
adopting a resolution proposing to repeal them. Upon adopting such	33493
a resolution, the committee shall proceed to obtain ratification	33494
of the resolution in accordance with this division.	33495

Not later than fourteen days after declaring the new fees or	33496
~~amended fees~~ to be ratified or the fees to be repealed under this	33497
division, the committee shall notify by certified mail the owner	33498
or operator of each solid waste disposal facility that is required	33499
to collect the fees of the ratification and the amount of the fees	33500
or of the repeal of the fees. Collection of any fees ~~or amended~~	33501
~~fees ratified on or after March 24, 1992,~~ shall commence or	33502
collection of repealed fees shall cease on the first day of the	33503
second month following the month in which notification is sent to	33504
the owner or operator.	33505

~~Not later than fourteen days after declaring the repeal of~~	33506
~~the district's schedule of fees to be ratified under this~~	33507
~~division, the committee shall notify by certified mail the owner~~	33508
~~or operator of each facility that is collecting the fees of the~~	33509
~~repeal. Collection of the fees shall cease on the first day of the~~	33510
~~second month following the month in which notification is sent to~~	33511
~~the owner or operator.~~	33512

Fees levied under this division also may be established,	33513
amended, or repealed by a solid waste management policy committee	33514
through the adoption of a new district solid waste management	33515
plan, the adoption of an amended plan, or the amendment of the	33516
plan or amended plan in accordance with sections 3734.55 and	33517
3734.56 of the Revised Code or the adoption or amendment of a	33518
district plan in connection with a change in district composition	33519
under section 3734.521 of the Revised Code.	33520

Not later than fourteen days after the director issues an	33521
order approving a district's solid waste management plan ~~under~~	33522
~~section 3734.55 of the Revised Code or~~, amended plan ~~under~~	33523
~~division (A) or (D) of section 3734.56 of the Revised Code~~, or	33524
amendment to a plan or amended plan that establishes or, amends,	33525
or repeals a schedule of fees levied by the district, ~~or the~~	33526
~~ratification of an amendment to the district's approved plan or~~	33527
~~amended plan under division (E) of section 3734.56 of the Revised~~	33528
~~Code that establishes or amends a schedule of fees, as~~	33529
~~appropriate,~~ the committee shall notify by certified mail the	33530
owner or operator of each solid waste disposal facility that is	33531
required to collect the fees of the approval of the plan or	33532
amended plan, or the amendment to the plan, as appropriate, and	33533
the amount of the fees ~~or amended fees~~, if any. In the case of an	33534
initial or amended plan approved under section 3734.521 of the	33535
Revised Code in connection with a change in district composition,	33536
other than one involving the withdrawal of a county from a joint	33537
district, ~~that establishes or amends a schedule of fees levied~~	33538
~~under divisions (B)(1) to (3) of this section by a district~~	33539
~~resulting from the change,~~ the committee, within fourteen days	33540
after the change takes effect pursuant to division (G) of that	33541
section, shall notify by certified mail the owner or operator of	33542
each solid waste disposal facility that is required to collect the	33543
fees that the change has taken effect and of the amount of the	33544
fees ~~or amended fees~~, if any. Collection of any fees ~~set forth in~~	33545
~~a plan or amended plan approved by the director on or after April~~	33546
~~16, 1993, or an amendment of a plan or amended plan under division~~	33547
~~(E) of section 3734.56 of the Revised Code that is ratified on or~~	33548
~~after April 16, 1993,~~ shall commence or collection of repealed	33549
fees shall cease on the first day of the second month following	33550
the month in which notification is sent to the owner or operator.	33551

~~Not later than fourteen days after the director issues an~~	33552
~~order approving a district's plan under section 3734.55 of the~~	33553
~~Revised Code or amended plan under division (A) or (D) of section~~	33554
~~3734.56 of the Revised Code that abolishes the schedule of fees~~	33555
~~levied under divisions (B)(1) to (3) of this section, or an~~	33556
~~amendment to the district's approved plan or amended plan~~	33557
~~abolishing the schedule of fees is ratified pursuant to division~~	33558
~~(E) of section 3734.56 of the Revised Code, as appropriate, the~~	33559
~~committee shall notify by certified mail the owner or operator of~~	33560
~~each facility that is collecting the fees of the approval of the~~	33561
~~plan or amended plan, or the amendment of the plan or amended~~	33562
~~plan, as appropriate, and the abolishment of the fees. In the case~~	33563
~~of an initial or amended plan approved under section 3734.521 of~~	33564
~~the Revised Code in connection with a change in district~~	33565
~~composition, other than one involving the withdrawal of a county~~	33566
~~from a joint district, that abolishes the schedule of fees levied~~	33567
~~under divisions (B)(1) to (3) of this section by a district~~	33568
~~resulting from the change, the committee, within fourteen days~~	33569
~~after the change takes effect pursuant to division (G) of that~~	33570
~~section, shall notify by certified mail the owner or operator of~~	33571
~~each solid waste disposal facility that is required to collect the~~	33572
~~fees that the change has taken effect and of the abolishment of~~	33573
~~the fees. Collection of the fees shall cease on the first day of~~	33574
~~the second month following the month in which notification is sent~~	33575
~~to the owner or operator.~~	33576

~~Except as otherwise provided in this division, if the~~	33577
~~schedule of fees that a district is levying under divisions (B)(1)~~	33578
~~to (3) of this section pursuant to a resolution or amended~~	33579
~~resolution adopted and ratified under this division, the solid~~	33580
~~waste management plan of the district approved under section~~	33581
~~3734.55 of the Revised Code, an amended plan approved under~~	33582
~~division (A) or (D) of section 3734.56 of the Revised Code, or an~~	33583
~~amendment to the district's approved plan or amended plan under~~	33584
~~division (E) of section 3734.56 of the Revised Code, is amended by~~	33585
~~the adoption and ratification of an amendment to the resolution or~~	33586
~~amended resolution or an amendment of the district's approved plan~~	33587
~~or amended plan, the fees in effect immediately prior to the~~	33588
~~approval of the plan or the amendment of the resolution, amended~~	33589
~~resolution, plan, or amended plan, as appropriate, shall continue~~	33590
~~to be collected until collection of the amended fees commences~~	33591
~~pursuant to this division.~~	33592

If, in the case of a change in district composition involving	33593
the withdrawal of a county from a joint district, the director	33594
completes the actions required under division (G)(1) or (3) of	33595
section 3734.521 of the Revised Code, as appropriate, forty-five	33596
days or more before the beginning of a calendar year, the policy	33597
committee of each of the districts resulting from the change that	33598
obtained the director's approval of an initial or amended plan in	33599
connection with the change, within fourteen days after the	33600
director's completion of the required actions, shall notify by	33601
certified mail the owner or operator of each solid waste disposal	33602
facility that is required to collect the district's fees that the	33603
change is to take effect on the first day of January immediately	33604
following the issuance of the notice and of the amount of the fees	33605
or amended fees levied under divisions (B)(1) to (3) of this	33606
section pursuant to the district's initial or amended plan as so	33607
approved or, if appropriate, the ~~abolishment~~repeal of the	33608
district's fees by that initial or amended plan. Collection of any	33609
fees set forth in such a plan or amended plan shall commence on	33610
the first day of January immediately following the issuance of the	33611
notice. If such an initial or amended plan ~~abolishes~~repeals a	33612
schedule of fees, collection of the fees shall cease on that first	33613
day of January.	33614

If, in the case of a change in district composition involving	33615
the withdrawal of a county from a joint district, the director	33616
completes the actions required under division (G)(1) or (3) of	33617
section 3734.521 of the Revised Code, as appropriate, less than	33618
forty-five days before the beginning of a calendar year, the	33619
director, on behalf of each of the districts resulting from the	33620
change that obtained the director's approval of an initial or	33621
amended plan in connection with the change proceedings, shall	33622
notify by certified mail the owner or operator of each solid waste	33623
disposal facility that is required to collect the district's fees	33624
that the change is to take effect on the first day of January	33625
immediately following the mailing of the notice and of the amount	33626
of the fees or amended fees levied under divisions (B)(1) to (3)	33627
of this section pursuant to the district's initial or amended plan	33628
as so approved or, if appropriate, the ~~abolishment~~repeal of the	33629
district's fees by that initial or amended plan. Collection of any	33630
fees set forth in such a plan or amended plan shall commence on	33631
the first day of the second month following the month in which	33632
notification is sent to the owner or operator. If such an initial	33633
or amended plan ~~abolishes~~repeals a schedule of fees, collection	33634
of the fees shall cease on the first day of the second month	33635
following the month in which notification is sent to the owner or	33636
operator.	33637

InIf the schedule of fees that a solid waste management	33638
district is levying under divisions (B)(1) to (3) of this section	33639
is amended or repealed, the fees in effect immediately prior to	33640
the amendment or repeal shall continue to be collected until	33641
collection of the amended fees commences or collection of the	33642
repealed fees ceases, as applicable, as specified in this	33643
division. In the case of a change in district composition, ~~the~~	33644
~~schedule of fees that the former districts that existed prior to~~	33645
~~the change were levying under divisions (B)(1) to (3) of this~~	33646
~~section pursuant to a resolution or amended resolution adopted and~~	33647
~~ratified under this division, the solid waste management plan of a~~	33648
~~former district approved under section 3734.521 or 3734.55 of the~~	33649
~~Revised Code, an amended plan approved under section 3734.521 or~~	33650
~~division (A) or (D) of section 3734.56 of the Revised Code, or an~~	33651
~~amendment to a former district's approved plan or amended plan~~	33652
~~under division (E) of section 3734.56 of the Revised Code, and~~	33653
~~that were in effect on the date that the director completed the~~	33654
~~actions required under division (G)(1) or (3) of section 3734.521~~	33655
~~of the Revised Code shall continue to be collected until the~~	33656
~~collection of the fees or amended fees of the districts resulting~~	33657
~~from the change is required to commence, or if an initial or~~	33658
~~amended plan of a resulting district abolishes a schedule of fees,~~	33659
~~collection of the fees is required to cease, under this division.~~	33660
~~Moneys~~money so received from the collection of the fees of the	33661
former districts shall be divided among the resulting districts in	33662
accordance with division (B) of section 343.012 of the Revised	33663
Code and the agreements entered into under division (B) of section	33664
343.01 of the Revised Code to establish the former and resulting	33665
districts and any amendments to those agreements.	33666

For the purposes of the provisions of division (B) of this	33667
section establishing the times when newly established or amended	33668
fees levied by a district are required to commence and the	33669
collection of fees that have been amended or ~~abolished~~repealed is	33670
required to cease, "fees" or "schedule of fees" includes, in	33671
addition to fees levied under divisions (B)(1) to (3) of this	33672
section, those levied under section 3734.573 or 3734.574 of the	33673
Revised Code.	33674

(C) For the purposes of defraying the added costs to a	33675
municipal corporation or township of maintaining roads and other	33676
public facilities and of providing emergency and other public	33677
services, and compensating a municipal corporation or township for	33678
reductions in real property tax revenues due to reductions in real	33679
property valuations resulting from the location and operation of a	33680
solid waste disposal facility within the municipal corporation or	33681
township, a municipal corporation or township in which such a	33682
solid waste disposal facility is located may levy a fee of not	33683
more than twenty-five cents per ton on the disposal of solid	33684
wastes at a solid waste disposal facility located within the	33685
boundaries of the municipal corporation or township regardless of	33686
where the wastes were generated.	33687

The legislative authority of a municipal corporation or	33688
township may levy fees under this division by enacting an	33689
ordinance or adopting a resolution establishing the amount of the	33690
fees. Upon so doing the legislative authority shall mail a	33691
certified copy of the ordinance or resolution to the board of	33692
county commissioners or directors of the county or joint solid	33693
waste management district in which the municipal corporation or	33694
township is located or, if a regional solid waste management	33695
authority has been formed under section 343.011 of the Revised	33696
Code, to the board of trustees of that regional authority, the	33697
owner or operator of each solid waste disposal facility in the	33698
municipal corporation or township that is required to collect the	33699
fee by the ordinance or resolution, and the director of	33700
environmental protection. Although the fees levied under this	33701
division are levied on the basis of tons as the unit of	33702
measurement, the legislative authority, in its ordinance or	33703
resolution levying the fees under this division, may direct that	33704
the fees be levied on the basis of cubic yards as the unit of	33705
measurement based upon a conversion factor of three cubic yards	33706
per ton generally or one cubic yard per ton for baled wastes.	33707

Not later than five days after enacting an ordinance or	33708
adopting a resolution under this division, the legislative	33709
authority shall so notify by certified mail the owner or operator	33710
of each solid waste disposal facility that is required to collect	33711
the fee. Collection of any fee levied on or after March 24, 1992,	33712
shall commence on the first day of the second month following the	33713
month in which notification is sent to the owner or operator.	33714

(D)(1) The fees levied under divisions (A), (B), and (C) of	33715
this section do not apply to the disposal of solid wastes that:	33716

(a) Are disposed of at a facility owned by the generator of	33717
the wastes when the solid waste facility exclusively disposes of	33718
solid wastes generated at one or more premises owned by the	33719
generator regardless of whether the facility is located on a	33720
premises where the wastes are generated;	33721

(b) Are disposed of at facilities that exclusively dispose of	33722
wastes that are generated from the combustion of coal, or from the	33723
combustion of primarily coal in combination with scrap tires, that	33724
is not combined in any way with garbage at one or more premises	33725
owned by the generator.	33726

(2) Except as provided in section 3734.571 of the Revised	33727
Code, any fees levied under division (B)(1) of this section apply	33728
to solid wastes originating outside the boundaries of a county or	33729
joint district that are covered by an agreement for the joint use	33730
of solid waste facilities entered into under section 343.02 of the	33731
Revised Code by the board of county commissioners or board of	33732
directors of the county or joint district where the wastes are	33733
generated and disposed of.	33734

(3) When solid wastes, other than solid wastes that consist	33735
of scrap tires, are burned in a disposal facility that is an	33736
incinerator or energy recovery facility, the fees levied under	33737
divisions (A), (B), and (C) of this section shall be levied upon	33738
the disposal of the fly ash and bottom ash remaining after burning	33739
of the solid wastes and shall be collected by the owner or	33740
operator of the sanitary landfill where the ash is disposed of.	33741

(4) When solid wastes are delivered to a solid waste transfer	33742
facility, the fees levied under divisions (A), (B), and (C) of	33743
this section shall be levied upon the disposal of solid wastes	33744
transported off the premises of the transfer facility for disposal	33745
and shall be collected by the owner or operator of the solid waste	33746
disposal facility where the wastes are disposed of.	33747

(5) The fees levied under divisions (A), (B), and (C) of this	33748
section do not apply to sewage sludge that is generated by a waste	33749
water treatment facility holding a national pollutant discharge	33750
elimination system permit and that is disposed of through	33751
incineration, land application, or composting or at another	33752
resource recovery or disposal facility that is not a landfill.	33753

(6) The fees levied under divisions (A), (B), and (C) of this	33754
section do not apply to solid wastes delivered to a solid waste	33755
composting facility for processing. When any unprocessed solid	33756
waste or compost product is transported off the premises of a	33757
composting facility and disposed of at a landfill, the fees levied	33758
under divisions (A), (B), and (C) of this section shall be	33759
collected by the owner or operator of the landfill where the	33760
unprocessed waste or compost product is disposed of.	33761

(7) When solid wastes that consist of scrap tires are	33762
processed at a scrap tire recovery facility, the fees levied under	33763
divisions (A), (B), and (C) of this section shall be levied upon	33764
the disposal of the fly ash and bottom ash or other solid wastes	33765
remaining after the processing of the scrap tires and shall be	33766
collected by the owner or operator of the solid waste disposal	33767
facility where the ash or other solid wastes are disposed of.	33768

(E) The fees levied under divisions (B) and (C) of this	33769
section shall be collected by the owner or operator of the solid	33770
waste disposal facility where the wastes are disposed of as a	33771
trustee for the county or joint district and municipal corporation	33772
or township where the wastes are disposed of. Moneys from the fees	33773
levied under division (B) of this section shall be forwarded to	33774
the board of county commissioners or board of directors of the	33775
district in accordance with rules adopted under division (H) of	33776
this section. Moneys from the fees levied under division (C) of	33777
this section shall be forwarded to the treasurer or such other	33778
officer of the municipal corporation as, by virtue of the charter,	33779
has the duties of the treasurer or to the clerk of the township,	33780
as appropriate, in accordance with those rules.	33781

(F) Moneys received by the treasurer or such other officer of	33782
the municipal corporation under division (E) of this section shall	33783
be paid into the general fund of the municipal corporation. Moneys	33784
received by the clerk of the township under that division shall be	33785
paid into the general fund of the township. The treasurer or such	33786
other officer of the municipal corporation or the clerk, as	33787
appropriate, shall maintain separate records of the moneys	33788
received from the fees levied under division (C) of this section.	33789

(G) Moneys received by the board of county commissioners or	33790
board of directors under division (E) of this section or section	33791
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	33792
shall be paid to the county treasurer, or other official acting in	33793
a similar capacity under a county charter, in a county district or	33794
to the county treasurer or other official designated by the board	33795
of directors in a joint district and kept in a separate and	33796
distinct fund to the credit of the district. If a regional solid	33797
waste management authority has been formed under section 343.011	33798
of the Revised Code, moneys received by the board of trustees of	33799
that regional authority under division (E) of this section shall	33800
be kept by the board in a separate and distinct fund to the credit	33801
of the district. Moneys in the special fund of the county or joint	33802
district arising from the fees levied under division (B) of this	33803
section and the fee levied under division (A) of section 3734.573	33804
of the Revised Code shall be expended by the board of county	33805
commissioners or directors of the district in accordance with the	33806
district's solid waste management plan or amended plan approved	33807
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	33808
exclusively for the following purposes:	33809

(1) Preparation of the solid waste management plan of the	33810
district under section 3734.54 of the Revised Code, monitoring	33811
implementation of the plan, and conducting the periodic review and	33812
amendment of the plan required by section 3734.56 of the Revised	33813
Code by the solid waste management policy committee;	33814

(2) Implementation of the approved solid waste management	33815
plan or amended plan of the district, including, without	33816
limitation, the development and implementation of solid waste	33817
recycling or reduction programs;	33818

(3) Providing financial assistance to boards of health within	33819
the district, if solid waste facilities are located within the	33820
district, for enforcement of this chapter and rules, orders, and	33821
terms and conditions of permits, licenses, and variances adopted	33822
or issued under it, other than the hazardous waste provisions of	33823
this chapter and rules adopted and orders and terms and conditions	33824
of permits issued under those provisions;	33825

(4) Providing financial assistance to each county within the	33826
district to defray the added costs of maintaining roads and other	33827
public facilities and of providing emergency and other public	33828
services resulting from the location and operation of a solid	33829
waste facility within the county under the district's approved	33830
solid waste management plan or amended plan;	33831

(5) Pursuant to contracts entered into with boards of health	33832
within the district, if solid waste facilities contained in the	33833
district's approved plan or amended plan are located within the	33834
district, for paying the costs incurred by those boards of health	33835
for collecting and analyzing samples from public or private water	33836
wells on lands adjacent to those facilities;	33837

(6) Developing and implementing a program for the inspection	33838
of solid wastes generated outside the boundaries of this state	33839
that are disposed of at solid waste facilities included in the	33840
district's approved solid waste management plan or amended plan;	33841

(7) Providing financial assistance to boards of health within	33842
the district for the enforcement of section 3734.03 of the Revised	33843
Code or to local law enforcement agencies having jurisdiction	33844
within the district for enforcing anti-littering laws and	33845
ordinances;	33846

(8) Providing financial assistance to boards of health of	33847
health districts within the district that are on the approved list	33848
under section 3734.08 of the Revised Code to defray the costs to	33849
the health districts for the participation of their employees	33850
responsible for enforcement of the solid waste provisions of this	33851
chapter and rules adopted and orders and terms and conditions of	33852
permits, licenses, and variances issued under those provisions in	33853
the training and certification program as required by rules	33854
adopted under division (L) of section 3734.02 of the Revised Code;	33855

(9) Providing financial assistance to individual municipal	33856
corporations and townships within the district to defray their	33857
added costs of maintaining roads and other public facilities and	33858
of providing emergency and other public services resulting from	33859
the location and operation within their boundaries of a	33860
composting, energy or resource recovery, incineration, or	33861
recycling facility that either is owned by the district or is	33862
furnishing solid waste management facility or recycling services	33863
to the district pursuant to a contract or agreement with the board	33864
of county commissioners or directors of the district;	33865

(10) Payment of any expenses that are agreed to, awarded, or	33866
ordered to be paid under section 3734.35 of the Revised Code and	33867
of any administrative costs incurred pursuant to that section. In	33868
the case of a joint solid waste management district, if the board	33869
of county commissioners of one of the counties in the district is	33870
negotiating on behalf of affected communities, as defined in that	33871
section, in that county, the board shall obtain the approval of	33872
the board of directors of the district in order to expend moneys	33873
for administrative costs incurred.	33874

Prior to the approval of the district's solid waste	33875
management plan under section 3734.55 of the Revised Code, moneys	33876
in the special fund of the district arising from the fees shall be	33877
expended for those purposes in the manner prescribed by the solid	33878
waste management policy committee by resolution.	33879

Notwithstanding division (G)(6) of this section as it existed	33880
prior to October 29, 1993, or any provision in a district's solid	33881
waste management plan prepared in accordance with division	33882
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	33883
prior to that date, any moneys arising from the fees levied under	33884
division (B)(3) of this section prior to January 1, 1994, may be	33885
expended for any of the purposes authorized in divisions (G)(1) to	33886
(10) of this section.	33887

(H) The director shall adopt rules in accordance with Chapter	33888
119. of the Revised Code prescribing procedures for collecting and	33889
forwarding the fees levied under divisions (B) and (C) of this	33890
section to the boards of county commissioners or directors of	33891
county or joint solid waste management districts and to the	33892
treasurers or other officers of municipal corporations or to the	33893
clerks of townships. The rules also shall prescribe the dates for	33894
forwarding the fees to the boards and officials and may prescribe	33895
any other requirements the director considers necessary or	33896
appropriate to implement and administer divisions (A), (B), and	33897
(C) of this section. ~~Collection of the fees levied under division~~	33898
~~(A)(1) of this section shall commence on July 1, 1993. Collection~~	33899
~~of the fees levied under division (A)(2) of this section shall~~	33900
~~commence on January 1, 1994.~~	33901

Sec. 3734.901. (A)(1) For the purpose of providing revenue	33902
to defray the cost of administering and enforcing the scrap tire	33903
provisions of this chapter, rules adopted under those provisions,	33904
and terms and conditions of orders, variances, and licenses issued	33905
under those provisions; to abate accumulations of scrap tires; to	33906
make grants to promote research regarding alternative methods of	33907
recycling scrap tires and loans to promote the recycling or	33908
recovery of energy from scrap tires; and to defray the costs of	33909
administering and enforcing sections 3734.90 to 3734.9014 of the	33910
Revised Code, a fee of fifty cents per tire is hereby levied on	33911
the sale of tires. The fee is levied from the first day of the	33912
calendar month that begins next after thirty days from October 29,	33913
1993, through June 30, ~~2006~~2011.	33914

(2) Beginning on ~~the effective date of this section~~September	33915
5, 2001, and ending on June 30, 2011, there is hereby levied an	33916
additional fee of fifty cents per tire on the sale of tires the	33917
proceeds of which shall be deposited in the state treasury to the	33918
credit of the scrap tire management fund created in section	33919
3734.82 of the Revised Code and be used exclusively for the	33920
purposes specified in division (G)(3) of that section.	33921

(3) Beginning July 1, 2005, there is hereby levied an	33922
additional fee of one dollar per tire on the sale of tires, the	33923
proceeds of which shall be deposited into the state treasury to	33924
the credit of the recycling and litter prevention fund created in	33925
section 1502.02 of the Revised Code.	33926

(B) Only one sale of the same article shall be used in	33927
computing the amount of the fee due.	33928

Sec. 3734.9010. ~~Four~~Two per cent of all amounts paid to the	33929
treasurer of state pursuant to sections 3734.90 to 3734.9014 of	33930
the Revised Code shall be certified directly to the credit of the	33931
tire fee administrative fund, which is hereby created in the state	33932
treasury, for appropriation to the department of taxation for use	33933
in administering those sections. The remainder of the amounts paid	33934
to the treasurer of state shall be deposited to the credit of the	33935
scrap tire management fund created in section 3734.82 of the	33936
Revised Code, except that the amounts from the fee levied under	33937
division (A)(3) of section 3734.901 of the Revised Code shall be	33938
deposited to the credit of the recycling and litter prevention	33939
fund created in section 1502.02 of the Revised Code.	33940

Sec. 3743.57. (A) All fees collected by the fire marshal for	33941
licenses or permits issued pursuant to this chapter shall be	33942
deposited into the state fire marshal's fund, and interest earned	33943
on the amounts in the fund shall be credited by the treasurer of	33944
state to the fund.	33945

(B) ~~There is hereby established in the state treasury the~~	33946
~~fire marshal's fireworks training and education fund. The fire~~	33947
~~marshal shall deposit all assessments paid under this division~~	33948
~~into the state treasury to the credit of the fund. Each fireworks~~	33949
~~manufacturer and fireworks wholesaler licensed under this chapter~~	33950
~~shall pay assessments to the fire marshal for deposit into the~~	33951
~~fund as required by this division.~~	33952

~~The fire marshal shall impose an initial assessment upon each~~	33953
~~licensed fireworks manufacturer and wholesaler in order to~~	33954
~~establish a fund balance of fifteen thousand dollars. The fund~~	33955
~~balance shall at no time exceed fifteen thousand dollars, and the~~	33956
~~fire marshal shall impose no further assessments unless the fund~~	33957
~~balance is reduced to five thousand dollars or less. If the fund~~	33958
~~balance is reduced to five thousand dollars or less, the fire~~	33959
~~marshal shall impose an additional assessment upon each licensed~~	33960
~~fireworks manufacturer and wholesaler in order to increase the~~	33961
~~fund balance to fifteen thousand dollars. The fire marshal shall~~	33962
~~determine the amount of the initial assessment on each~~	33963
~~manufacturer or wholesaler and each additional assessment by~~	33964
~~dividing the total amount needed to be paid into the fund by the~~	33965
~~total number of fireworks manufacturers and wholesalers licensed~~	33966
~~under this chapter. If a licensed fireworks manufacturer or~~	33967
~~wholesaler fails to pay an assessment required by this division~~	33968
~~within thirty days after receiving notice of the assessment, the~~	33969
~~fire marshal, in accordance with Chapter 119. of the Revised Code,~~	33970
~~may refuse to issue, or may revoke, the appropriate license.~~	33971

The fire marshal shall in the fire marshal's discretion use	33972
amounts in the state fire marshal's fund for fireworks training	33973
and education purposes, including, but not limited to, the	33974
creation of educational and training programs, attendance by the	33975
fire marshal and the fire marshal's employees at conferences and	33976
seminars, the payment of travel and meal expenses associated with	33977
such attendance, participation by the fire marshal and the fire	33978
marshal's employees in committee meetings and other meetings	33979
related to pyrotechnic codes, and the payment of travel and meal	33980
expenses associated with such participation. The use of the fund	33981
shall comply with rules of the department of commerce, policies	33982
and procedures established by the director of budget and	33983
management, and all other applicable laws.	33984

Sec. 3745.015. There is hereby created in the state treasury	33985
the environmental protection fund consisting of money credited to	33986
the fund under division (A)(3) of section 3734.57 of the Revised	33987
Code. The environmental protection agency shall use money in the	33988
fund to pay the agency's costs associated with administering and	33989
enforcing, or otherwise conducting activities under, this chapter	33990
and Chapters 3704., 3734., 3746., 3747., 3748., 3750., 3751.,	33991
3752., 3753., 5709., 6101., 6103., 6105., 6109., 6111., 6112.,	33992
6113., 6115., 6117., and 6119. and sections 122.65 and 1521.19 of	33993
the Revised Code.	33994

Sec. 3745.11. (A) Applicants for and holders of permits,	33995
licenses, variances, plan approvals, and certifications issued by	33996
the director of environmental protection pursuant to Chapters	33997
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	33998
to the environmental protection agency for each such issuance and	33999
each application for an issuance as provided by this section. No	34000
fee shall be charged for any issuance for which no application has	34001
been submitted to the director.	34002

(B) Each person who is issued a permit to install prior to	34003
July 1, 2003, pursuant to rules adopted under division (F) of	34004
section 3704.03 of the Revised Code shall pay the fees specified	34005
in the following schedules:	34006

(1) ~~Fuel-Burning Equipment~~Fuel-burning equipment (boilers)

34007

Input capacity (maximum)					34008
(million British thermal units per hour)		Permit to install			34009

Greater than 0, but less than 10	$ 200	34010
10 or more, but less than 100	400	34011
100 or more, but less than 300	800	34012
300 or more, but less than 500	1500	34013
500 or more, but less than 1000	2500	34014
1000 or more, but less than 5000	4000	34015
5000 or more	6000	34016

Units burning exclusively natural gas, number two fuel oil,	34017
or both shall be assessed a fee that is one-half of the applicable	34018
amount established in division (F)(1) of this section.	34019

(2) Incinerators

34020

Input capacity (pounds per hour)

Permit to install

34021

0 to 100	$ 100	34022
101 to 500	400	34023
501 to 2000	750	34024
2001 to 20,000	1000	34025
more than 20,000	2500	34026

(3)(a) Process

34027

Process weight rate (pounds per hour)

Permit to install

34028

0 to 1000	$ 200	34029
1001 to 5000	400	34030
5001 to 10,000	600	34031
10,001 to 50,000	800	34032
more than 50,000	1000	34033

In any process where process weight rate cannot be	34034
ascertained, the minimum fee shall be assessed.	34035

(b) Notwithstanding division (B)(3)(a) of this section, any	34036
person issued a permit to install pursuant to rules adopted under	34037
division (F) of section 3704.03 of the Revised Code shall pay the	34038
fees established in division (B)(3)(c) of this section for a	34039
process used in any of the following industries, as identified by	34040
the applicable four-digit standard industrial classification code	34041
according to the Standard Industrial Classification Manual	34042
published by the United States office of management and budget in	34043
the executive office of the president, 1972, as revised:	34044

1211 Bituminous coal and lignite mining;

34045

1213 Bituminous coal and lignite mining services;

34046

1411 Dimension stone;

34047

1422 Crushed and broken limestone;

34048

1427 Crushed and broken stone, not elsewhere classified;

34049

1442 Construction sand and gravel;

34050

1446 Industrial sand;

34051

3281 Cut stone and stone products;

34052

3295 Minerals and earth, ground or otherwise treated.

34053

(c) The fees established in the following schedule apply to	34054
the issuance of a permit to install pursuant to rules adopted	34055
under division (F) of section 3704.03 of the Revised Code for a	34056
process listed in division (B)(3)(b) of this section:	34057

Process weight rate (pounds per hour)

Permit to install

34058

0 to 1000	$ 200	34059
10,001 to 50,000	300	34060
50,001 to 100,000	400	34061
100,001 to 200,000	500	34062
200,001 to 400,000	600	34063
400,001 or more	700	34064

(4) Storage tanks

34065

Gallons (maximum useful capacity)

Permit to install

34066

0 to 20,000	$ 100	34067
20,001 to 40,000	150	34068
40,001 to 100,000	200	34069
100,001 to 250,000	250	34070
250,001 to 500,000	350	34071
500,001 to 1,000,000	500	34072
1,000,001 or greater	750	34073

(5) Gasoline/fuel dispensing facilities

34074

For each gasoline/fuel dispensing		Permit to install			34075
facility		$ 100			34076

(6) Dry cleaning facilities

34077

For each dry cleaning facility		Permit to install			34078
(includes all units at the facility)		$ 100			34079

(7) Registration status

34080

For each source covered		Permit to install			34081
by registration status		$ 75			34082

(C)(1) Except as otherwise provided in division (C)(2) of	34083
this section, beginning July 1, 1994, each person who owns or	34084
operates an air contaminant source and who is required to apply	34085
for and obtain a Title V permit under section 3704.036 of the	34086
Revised Code shall pay the fees set forth in division (C)(1) of	34087
this section. For the purposes of that division, total emissions	34088
of air contaminants may be calculated using engineering	34089
calculations, emissions factors, material balance calculations, or	34090
performance testing procedures, as authorized by the director.	34091

The following fees shall be assessed on the total actual	34092
emissions from a source in tons per year of the regulated	34093
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	34094
organic compounds, and lead:	34095

(a) Fifteen dollars per ton on the total actual emissions of	34096
each such regulated pollutant during the period July through	34097
December 1993, to be collected no sooner than July 1, 1994;	34098

(b) Twenty dollars per ton on the total actual emissions of	34099
each such regulated pollutant during calendar year 1994, to be	34100
collected no sooner than April 15, 1995;	34101

(c) Twenty-five dollars per ton on the total actual emissions	34102
of each such regulated pollutant in calendar year 1995, and each	34103
subsequent calendar year, to be collected no sooner than the	34104
fifteenth day of April of the year next succeeding the calendar	34105
year in which the emissions occurred.	34106

The fees levied under division (C)(1) of this section do not	34107
apply to that portion of the emissions of a regulated pollutant at	34108
a facility that exceed four thousand tons during a calendar year.	34109

(2) The fees assessed under division (C)(1) of this section	34110
are for the purpose of providing funding for the Title V permit	34111
program.	34112

(3) The fees assessed under division (C)(1) of this section	34113
do not apply to emissions from any electric generating unit	34114
designated as a Phase I unit under Title IV of the federal Clean	34115
Air Act prior to calendar year 2000. Those fees shall be assessed	34116
on the emissions from such a generating unit commencing in	34117
calendar year 2001 based upon the total actual emissions from the	34118
generating unit during calendar year 2000 and shall continue to be	34119
assessed each subsequent calendar year based on the total actual	34120
emissions from the generating unit during the preceding calendar	34121
year.	34122

(4) The director shall issue invoices to owners or operators	34123
of air contaminant sources who are required to pay a fee assessed	34124
under division (C) or (D) of this section. Any such invoice shall	34125
be issued no sooner than the applicable date when the fee first	34126
may be collected in a year under the applicable division, shall	34127
identify the nature and amount of the fee assessed, and shall	34128
indicate that the fee is required to be paid within thirty days	34129
after the issuance of the invoice.	34130

(D)(1) Except as provided in division (D)(3) of this section,	34131
from January 1, 1994, through December 31, 2003, each person who	34132
owns or operates an air contaminant source; who is required to	34133
apply for a permit to operate pursuant to rules adopted under	34134
division (G), or a variance pursuant to division (H), of section	34135
3704.03 of the Revised Code; and who is not required to apply for	34136
and obtain a Title V permit under section 3704.036 of the Revised	34137
Code shall pay a single fee based upon the sum of the actual	34138
annual emissions from the facility of the regulated pollutants	34139
particulate matter, sulfur dioxide, nitrogen oxides, organic	34140
compounds, and lead in accordance with the following schedule:	34141

Total tons per year		34142
of regulated pollutants	Annual fee	34143
emitted	per facility	34144
More than 0, but less than 50	$ 75	34145
50 or more, but less than 100	300	34146
100 or more	700	34147

(2) Except as provided in division (D)(3) of this section,	34148
beginning January 1, 2004, each person who owns or operates an air	34149
contaminant source; who is required to apply for a permit to	34150
operate pursuant to rules adopted under division (G), or a	34151
variance pursuant to division (H), of section 3704.03 of the	34152
Revised Code; and who is not required to apply for and obtain a	34153
Title V permit under section 3704.03 of the Revised Code shall pay	34154
a single fee based upon the sum of the actual annual emissions	34155
from the facility of the regulated pollutants particulate matter,	34156
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	34157
accordance with the following schedule:	34158

Total tons per year		34159
of regulated pollutants	Annual fee	34160
emitted	per facility	34161
More than 0, but less than 10	$ 100	34162
10 or more, but less than 50	200	34163
50 or more, but less than 100	300	34164
100 or more	700	34165

(3)(a) As used in division (D) of this section, "synthetic	34166
minor facility" means a facility for which one or more permits to	34167
install or permits to operate have been issued for the air	34168
contaminant sources at the facility that include terms and	34169
conditions that lower the facility's potential to emit air	34170
contaminants below the major source thresholds established in	34171
rules adopted under section 3704.036 of the Revised Code.	34172

(b) Beginning January 1, 2000, through June 30, ~~2006~~2008,	34173
each person who owns or operates a synthetic minor facility shall	34174
pay an annual fee based on the sum of the actual annual emissions	34175
from the facility of particulate matter, sulfur dioxide, nitrogen	34176
dioxide, organic compounds, and lead in accordance with the	34177
following schedule:	34178

Combined total tons		34179
per year of all regulated	Annual fee	34180
pollutants emitted	per facility	34181

Less than 10	$ 170	34182
10 or more, but less than 20	340	34183
20 or more, but less than 30	670	34184
30 or more, but less than 40	1,010	34185
40 or more, but less than 50	1,340	34186
50 or more, but less than 60	1,680	34187
60 or more, but less than 70	2,010	34188
70 or more, but less than 80	2,350	34189
80 or more, but less than 90	2,680	34190
90 or more, but less than 100	3,020	34191
100 or more	3,350	34192

(4) The fees assessed under division (D)(1) of this section	34193
shall be collected annually no sooner than the fifteenth day of	34194
April, commencing in 1995. The fees assessed under division (D)(2)	34195
of this section shall be collected annually no sooner than the	34196
fifteenth day of April, commencing in 2005. The fees assessed	34197
under division (D)(3) of this section shall be collected no sooner	34198
than the fifteenth day of April, commencing in 2000. The fees	34199
assessed under division (D) of this section in a calendar year	34200
shall be based upon the sum of the actual emissions of those	34201
regulated pollutants during the preceding calendar year. For the	34202
purpose of division (D) of this section, emissions of air	34203
contaminants may be calculated using engineering calculations,	34204
emission factors, material balance calculations, or performance	34205
testing procedures, as authorized by the director. The director,	34206
by rule, may require persons who are required to pay the fees	34207
assessed under division (D) of this section to pay those fees	34208
biennially rather than annually.	34209

(E)(1) Consistent with the need to cover the reasonable costs	34210
of the Title V permit program, the director annually shall	34211
increase the fees prescribed in division (C)(1) of this section by	34212
the percentage, if any, by which the consumer price index for the	34213
most recent calendar year ending before the beginning of a year	34214
exceeds the consumer price index for calendar year 1989. Upon	34215
calculating an increase in fees authorized by division (E)(1) of	34216
this section, the director shall compile revised fee schedules for	34217
the purposes of division (C)(1) of this section and shall make the	34218
revised schedules available to persons required to pay the fees	34219
assessed under that division and to the public.	34220

(2) For the purposes of division (E)(1) of this section:

34221

(a) The consumer price index for any year is the average of	34222
the consumer price index for all urban consumers published by the	34223
United States department of labor as of the close of the	34224
twelve-month period ending on the thirty-first day of August of	34225
that year.	34226

(b) If the 1989 consumer price index is revised, the director	34227
shall use the revision of the consumer price index that is most	34228
consistent with that for calendar year 1989.	34229

(F) Each person who is issued a permit to install pursuant to	34230
rules adopted under division (F) of section 3704.03 of the Revised	34231
Code on or after July 1, 2003, shall pay the fees specified in the	34232
following schedules:	34233

(1) Fuel-burning equipment (boilers, furnaces, or process	34234
heaters used in the process of burning fuel for the primary	34235
purpose of producing heat or power by indirect heat transfer)	34236

Input capacity (maximum)		34237
(million British thermal units per hour)	Permit to install	34238
Greater than 0, but less than 10	$ 200	34239
10 or more, but less than 100	400	34240
100 or more, but less than 300	1000	34241
300 or more, but less than 500	2250	34242
500 or more, but less than 1000	3750	34243
1000 or more, but less than 5000	6000	34244
5000 or more	9000	34245

Units burning exclusively natural gas, number two fuel oil,	34246
or both shall be assessed a fee that is one-half the applicable	34247
amount shown in division (F)(1) of this section.	34248

(2) Combustion turbines and stationary internal combustion	34249
engines designed to generate electricity	34250

Generating capacity (mega watts)	Permit to install	34251
0 or more, but less than 10	$ 25	34252
10 or more, but less than 25	150	34253
25 or more, but less than 50	300	34254
50 or more, but less than 100	500	34255
100 or more, but less than 250	1000	34256
250 or more	2000	34257

(3) Incinerators

34258

Input capacity (pounds per hour)	Permit to install	34259
0 to 100	$ 100	34260
101 to 500	500	34261
501 to 2000	1000	34262
2001 to 20,000	1500	34263
more than 20,000	3750	34264

(4)(a) Process

34265

Process weight rate (pounds per hour)	Permit to install	34266
0 to 1000	$ 200	34267
1001 to 5000	500	34268
5001 to 10,000	750	34269
10,001 to 50,000	1000	34270
more than 50,000	1250	34271

In any process where process weight rate cannot be	34272
ascertained, the minimum fee shall be assessed. A boiler, furnace,	34273
combustion turbine, stationary internal combustion engine, or	34274
process heater designed to provide direct heat or power to a	34275
process not designed to generate electricity shall be assessed a	34276
fee established in division (F)(4)(a) of this section. A	34277
combustion turbine or stationary internal combustion engine	34278
designed to generate electricity shall be assessed a fee	34279
established in division (F)(2) of this section.	34280

(b) Notwithstanding division (F)~~(3)~~(4)(a) of this section,	34281
any person issued a permit to install pursuant to rules adopted	34282
under division (F) of section 3704.03 of the Revised Code shall	34283
pay the fees set forth in division (F)~~(3)~~(4)(c) of this section	34284
for a process used in any of the following industries, as	34285
identified by the applicable two-digit, three-digit, or four-digit	34286
standard industrial classification code according to the Standard	34287
Industrial Classification Manual published by the United States	34288
office of management and budget in the executive office of the	34289
president, ~~1972~~1987, as revised:	34290

~~1211 Bituminous coal and lignite mining;~~

34291

~~1213 Bituminous coal and lignite mining services;~~

34292

~~1411 Dimension stone;~~

34293

~~1422 Crushed and broken limestone;~~

34294

~~1427 Crushed and broken stone, not elsewhere classified;~~

34295

~~1442 Construction sand and gravel;~~

34296

~~1446 Industrial sand;~~Major group 10, metal mining;

34297

Major group 12, coal mining;

34298

Major group 14, mining and quarrying of nonmetallic minerals;

34299

Industry group 204, grain mill products;

34300

2873 Nitrogen fertilizers;

34301

2874 Phosphatic fertilizers;

34302

3281 Cut stone and stone products;

34303

3295 Minerals and earth, ground or otherwise treated;

34304

4221 Grain elevators (storage only);

34305

5159 Farm related raw materials;

34306

5261 Retail nurseries and lawn and garden supply stores.

34307

(c) The fees set forth in the following schedule apply to the	34308
issuance of a permit to install pursuant to rules adopted under	34309
division (F) of section 3704.03 of the Revised Code for a process	34310
identified in division (F)~~(3)~~(4)(b) of this section:	34311

Process weight rate (pounds per hour)	Permit to install	34312
0 to 10,000	$ 200	34313
10,001 to 50,000	400	34314
50,001 to 100,000	500	34315
100,001 to 200,000	600	34316
200,001 to 400,000	750	34317
400,001 or more	900	34318

(5) Storage tanks

34319

Gallons (maximum useful capacity)	Permit to install	34320
0 to 20,000	$ 100	34321
20,001 to 40,000	150	34322
40,001 to 100,000	250	34323
100,001 to 500,000	400	34324
500,001 or greater	750	34325

(6) Gasoline/fuel dispensing facilities

34326

For each gasoline/fuel		34327
dispensing facility (includes all	Permit to install	34328
units at the facility)	$ 100	34329

(7) Dry cleaning facilities

34330

For each dry cleaning		34331
facility (includes all units	Permit to install	34332
at the facility)	$ 100	34333

(8) Registration status

34334

For each source covered			Permit to install			34335
by registration status			$ 75			34336

(G) An owner or operator who is responsible for an asbestos	34337
demolition or renovation project pursuant to rules adopted under	34338
section 3704.03 of the Revised Code shall pay the fees set forth	34339
in the following schedule:	34340

Action	Fee	34341
Each notification	$75	34342
Asbestos removal	$3/unit	34343
Asbestos cleanup	$4/cubic yard	34344

For purposes of this division, "unit" means any combination of	34345
linear feet or square feet equal to fifty.	34346

(H) A person who is issued an extension of time for a permit	34347
to install an air contaminant source pursuant to rules adopted	34348
under division (F) of section 3704.03 of the Revised Code shall	34349
pay a fee equal to one-half the fee originally assessed for the	34350
permit to install under this section, except that the fee for such	34351
an extension shall not exceed two hundred dollars.	34352

(I) A person who is issued a modification to a permit to	34353
install an air contaminant source pursuant to rules adopted under	34354
section 3704.03 of the Revised Code shall pay a fee equal to	34355
one-half of the fee that would be assessed under this section to	34356
obtain a permit to install the source. The fee assessed by this	34357
division only applies to modifications that are initiated by the	34358
owner or operator of the source and shall not exceed two thousand	34359
dollars.	34360

(J) Notwithstanding division (B) or (F) of this section, a	34361
person who applies for or obtains a permit to install pursuant to	34362
rules adopted under division (F) of section 3704.03 of the Revised	34363
Code after the date actual construction of the source began shall	34364
pay a fee for the permit to install that is equal to twice the fee	34365
that otherwise would be assessed under the applicable division	34366
unless the applicant received authorization to begin construction	34367
under division (W) of section 3704.03 of the Revised Code. This	34368
division only applies to sources for which actual construction of	34369
the source begins on or after July 1, 1993. The imposition or	34370
payment of the fee established in this division does not preclude	34371
the director from taking any administrative or judicial	34372
enforcement action under this chapter, Chapter 3704., 3714.,	34373
3734., or 6111. of the Revised Code, or a rule adopted under any	34374
of them, in connection with a violation of rules adopted under	34375
division (F) of section 3704.03 of the Revised Code.	34376

As used in this division, "actual construction of the source"	34377
means the initiation of physical on-site construction activities	34378
in connection with improvements to the source that are permanent	34379
in nature, including, without limitation, the installation of	34380
building supports and foundations and the laying of underground	34381
pipework.	34382

(K) Fifty cents per ton of each fee assessed under division	34383
(C) of this section on actual emissions from a source and received	34384
by the environmental protection agency pursuant to that division	34385
shall be deposited into the state treasury to the credit of the	34386
small business assistance fund created in section 3706.19 of the	34387
Revised Code. The remainder of the moneys received by the division	34388
pursuant to that division and moneys received by the agency	34389
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	34390
section shall be deposited in the state treasury to the credit of	34391
the clean air fund created in section 3704.035 of the Revised	34392
Code.	34393

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	34394
or (c) of this section, a person issued a water discharge permit	34395
or renewal of a water discharge permit pursuant to Chapter 6111.	34396
of the Revised Code shall pay a fee based on each point source to	34397
which the issuance is applicable in accordance with the following	34398
schedule:	34399

Design flow discharge (gallons per day)	Fee	34400
0 to 1000	$ 0	34401
1,001 to 5000	100	34402
5,001 to 50,000	200	34403
50,001 to 100,000	300	34404
100,001 to 300,000	525	34405
over 300,000	750	34406

(b) Notwithstanding the fee schedule specified in division	34407
(L)(1)(a) of this section, the fee for a water discharge permit	34408
that is applicable to coal mining operations regulated under	34409
Chapter 1513. of the Revised Code shall be two hundred fifty	34410
dollars per mine.	34411

(c) Notwithstanding the fee schedule specified in division	34412
(L)(1)(a) of this section, the fee for a water discharge permit	34413
for a public discharger identified by I in the third character of	34414
the permittee's NPDES permit number shall not exceed seven hundred	34415
fifty dollars.	34416

(2) A person applying for a plan approval for a wastewater	34417
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	34418
of the Revised Code shall pay a fee of one hundred dollars plus	34419
sixty-five one-hundredths of one per cent of the estimated project	34420
cost through June 30, ~~2006~~2008, and one hundred dollars plus	34421
two-tenths of one per cent of the estimated project cost on and	34422
after July 1, ~~2006~~2008, except that the total fee shall not	34423
exceed fifteen thousand dollars through June 30, ~~2006~~2008, and	34424
five thousand dollars on and after July 1, ~~2006~~2008. The fee	34425
shall be paid at the time the application is submitted.	34426

(3) A person issued a modification of a water discharge	34427
permit shall pay a fee equal to one-half the fee that otherwise	34428
would be charged for a water discharge permit, except that the fee	34429
for the modification shall not exceed four hundred dollars.	34430

(4) A person who has entered into an agreement with the	34431
director under section 6111.14 of the Revised Code shall pay an	34432
administrative service fee for each plan submitted under that	34433
section for approval that shall not exceed the minimum amount	34434
necessary to pay administrative costs directly attributable to	34435
processing plan approvals. The director annually shall calculate	34436
the fee and shall notify all persons who have entered into	34437
agreements under that section, or who have applied for agreements,	34438
of the amount of the fee.	34439

(5)(a)(i) Not later than January 30, ~~2004~~2006, and January	34440
30, ~~2005~~2007, a person holding an NPDES discharge permit issued	34441
pursuant to Chapter 6111. of the Revised Code with an average	34442
daily discharge flow of five thousand gallons or more shall pay a	34443
nonrefundable annual discharge fee. Any person who fails to pay	34444
the fee at that time shall pay an additional amount that equals	34445
ten per cent of the required annual discharge fee.	34446

(ii) The billing year for the annual discharge fee	34447
established in division (L)(5)(a)(i) of this section shall consist	34448
of a twelve-month period beginning on the first day of January of	34449
the year preceding the date when the annual discharge fee is due.	34450
In the case of an existing source that permanently ceases to	34451
discharge during a billing year, the director shall reduce the	34452
annual discharge fee, including the surcharge applicable to	34453
certain industrial facilities pursuant to division (L)(5)(c) of	34454
this section, by one-twelfth for each full month during the	34455
billing year that the source was not discharging, but only if the	34456
person holding the NPDES discharge permit for the source notifies	34457
the director in writing, not later than the first day of October	34458
of the billing year, of the circumstances causing the cessation of	34459
discharge.	34460

(iii) The annual discharge fee established in division	34461
(L)(5)(a)(i) of this section, except for the surcharge applicable	34462
to certain industrial facilities pursuant to division (L)(5)(c) of	34463
this section, shall be based upon the average daily discharge flow	34464
in gallons per day calculated using first day of May through	34465
thirty-first day of October flow data for the period two years	34466
prior to the date on which the fee is due. In the case of NPDES	34467
discharge permits for new sources, the fee shall be calculated	34468
using the average daily design flow of the facility until actual	34469
average daily discharge flow values are available for the time	34470
period specified in division (L)(5)(a)(iii) of this section. The	34471
annual discharge fee may be prorated for a new source as described	34472
in division (L)(5)(a)(ii) of this section.	34473

(b) An NPDES permit holder that is a public discharger shall	34474
pay the fee specified in the following schedule:	34475

Average daily	Fee due by	34476
discharge flow	January 30,	34477
	~~2004~~ 2006, and	34478
	January 30, ~~2005~~ 2007	34479

5,000 to 49,999	$ 200	34480
50,000 to 100,000	500	34481
100,001 to 250,000	1,050	34482
250,001 to 1,000,000	2,600	34483
1,000,001 to 5,000,000	5,200	34484
5,000,001 to 10,000,000	10,350	34485
10,000,001 to 20,000,000	15,550	34486
20,000,001 to 50,000,000	25,900	34487
50,000,001 to 100,000,000	41,400	34488
100,000,001 or more	62,100	34489

Public dischargers owning or operating two or more publicly	34490
owned treatment works serving the same political subdivision, as	34491
"treatment works" is defined in section 6111.01 of the Revised	34492
Code, and that serve exclusively political subdivisions having a	34493
population of fewer than one hundred thousand shall pay an annual	34494
discharge fee under division (L)(5)(b) of this section that is	34495
based on the combined average daily discharge flow of the	34496
treatment works.	34497

(c) An NPDES permit holder that is an industrial discharger,	34498
other than a coal mining operator identified by P in the third	34499
character of the permittee's NPDES permit number, shall pay the	34500
fee specified in the following schedule:	34501

Average daily	Fee due by	34502
discharge flow	January 30,	34503
	~~2004~~ 2006, and	34504
	January 30, ~~2005~~ 2007	34505

5,000 to 49,999	$ 250	34506
50,000 to 250,000	1,200	34507
250,001 to 1,000,000	2,950	34508
1,000,001 to 5,000,000	5,850	34509
5,000,001 to 10,000,000	8,800	34510
10,000,001 to 20,000,000	11,700	34511
20,000,001 to 100,000,000	14,050	34512
100,000,001 to 250,000,000	16,400	34513
250,000,001 or more	18,700	34514

In addition to the fee specified in the above schedule, an	34515
NPDES permit holder that is an industrial discharger classified as	34516
a major discharger during all or part of the annual discharge fee	34517
billing year specified in division (L)(5)(a)(ii) of this section	34518
shall pay a nonrefundable annual surcharge of seven thousand five	34519
hundred dollars not later than January 30, ~~2004~~2006, and not	34520
later than January 30, ~~2005~~2007. Any person who fails to pay the	34521
surcharge at that time shall pay an additional amount that equals	34522
ten per cent of the amount of the surcharge.	34523

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	34524
section, a public discharger identified by I in the third	34525
character of the permittee's NPDES permit number and an industrial	34526
discharger identified by I, J, L, V, W, X, Y, or Z in the third	34527
character of the permittee's NPDES permit number shall pay a	34528
nonrefundable annual discharge fee of one hundred eighty dollars	34529
not later than January 30, ~~2004~~2006, and not later than January	34530
30, ~~2005~~2007. Any person who fails to pay the fee at that time	34531
shall pay an additional amount that equals ten per cent of the	34532
required fee.	34533

(6) Each person obtaining a national pollutant discharge	34534
elimination system general or individual permit for municipal	34535
storm water discharge shall pay a nonrefundable storm water	34536
discharge fee of one hundred dollars per square mile of area	34537
permitted. The fee shall not exceed ten thousand dollars and shall	34538
be payable on or before January 30, 2004, and the thirtieth day of	34539
January of each year thereafter. Any person who fails to pay the	34540
fee on the date specified in division (L)(6) of this section shall	34541
pay an additional amount per year equal to ten per cent of the	34542
annual fee that is unpaid.	34543

(7) The director shall transmit all moneys collected under	34544
division (L) of this section to the treasurer of state for deposit	34545
into the state treasury to the credit of the surface water	34546
protection fund created in section 6111.038 of the Revised Code.	34547

(8) As used in division (L) of this section:

34548

(a) "NPDES" means the federally approved national pollutant	34549
discharge elimination system program for issuing, modifying,	34550
revoking, reissuing, terminating, monitoring, and enforcing	34551
permits and imposing and enforcing pretreatment requirements under	34552
Chapter 6111. of the Revised Code and rules adopted under it.	34553

(b) "Public discharger" means any holder of an NPDES permit	34554
identified by P in the second character of the NPDES permit number	34555
assigned by the director.	34556

(c) "Industrial discharger" means any holder of an NPDES	34557
permit identified by I in the second character of the NPDES permit	34558
number assigned by the director.	34559

(d) "Major discharger" means any holder of an NPDES permit	34560
classified as major by the regional administrator of the United	34561
States environmental protection agency in conjunction with the	34562
director.	34563

(M) Through June 30, ~~2006~~2008, a person applying for a	34564
license or license renewal to operate a public water system under	34565
section 6109.21 of the Revised Code shall pay the appropriate fee	34566
established under this division at the time of application to the	34567
director. Any person who fails to pay the fee at that time shall	34568
pay an additional amount that equals ten per cent of the required	34569
fee. The director shall transmit all moneys collected under this	34570
division to the treasurer of state for deposit into the drinking	34571
water protection fund created in section 6109.30 of the Revised	34572
Code.	34573

Except as provided in division (M)(4) of this section, fees	34574
required under this division shall be calculated and paid in	34575
accordance with the following schedule:	34576

(1) For the initial license required under division (A)(1) of	34577
section 6109.21 of the Revised Code for any public water system	34578
that is a community water system as defined in section 6109.01 of	34579
the Revised Code, and for each license renewal required for such a	34580
system prior to January 31, ~~2006~~2008, the fee is:	34581

Number of service connections		Fee amount	34582
	Not more than 49	$ 112	34583
	50 to 99	176	34584

Number of service connections		Average cost per connection	34585
	100 to 2,499	$ 1.92	34586
	2,500 to 4,999	1.48	34587
	5,000 to 7,499	1.42	34588
	7,500 to 9,999	1.34	34589
	10,000 to 14,999	1.16	34590
	15,000 to 24,999	1.10	34591
	25,000 to 49,999	1.04	34592
	50,000 to 99,999	.92	34593
	100,000 to 149,999	.86	34594
	150,000 to 199,999	.80	34595
	200,000 or more	.76	34596

A public water system may determine how it will pay the total	34597
amount of the fee calculated under division (M)(1) of this	34598
section, including the assessment of additional user fees that may	34599
be assessed on a volumetric basis.	34600

As used in division (M)(1) of this section, "service	34601
connection" means the number of active or inactive pipes,	34602
goosenecks, pigtails, and any other fittings connecting a water	34603
main to any building outlet.	34604

(2) For the initial license required under division (A)(2) of	34605
section 6109.21 of the Revised Code for any public water system	34606
that is not a community water system and serves a nontransient	34607
population, and for each license renewal required for such a	34608
system prior to January 31, ~~2006~~2008, the fee is:	34609

Population served	Fee amount	34610
Fewer than 150	$ 112	34611
150 to 299	176	34612
300 to 749	384	34613
750 to 1,499	628	34614
1,500 to 2,999	1,268	34615
3,000 to 7,499	2,816	34616
7,500 to 14,999	5,510	34617
15,000 to 22,499	9,048	34618
22,500 to 29,999	12,430	34619
30,000 or more	16,820	34620

As used in division (M)(2) of this section, "population	34621
served" means the total number of individuals receiving water from	34622
the water supply during a twenty-four-hour period for at least	34623
sixty days during any calendar year. In the absence of a specific	34624
population count, that number shall be calculated at the rate of	34625
three individuals per service connection.	34626

(3) For the initial license required under division (A)(3) of	34627
section 6109.21 of the Revised Code for any public water system	34628
that is not a community water system and serves a transient	34629
population, and for each license renewal required for such a	34630
system prior to January 31, ~~2006~~2008, the fee is:	34631

Number of wells supplying system		Fee amount	34632
	1	$112	34633
	2	112	34634
	3	176	34635
	4	278	34636
	5	568	34637
	System designated as using a		34638
	surface water source	792	34639

As used in division (M)(3) of this section, "number of wells	34640
supplying system" means those wells that are physically connected	34641
to the plumbing system serving the public water system.	34642

(4) A public water system designated as using a surface water	34643
source shall pay a fee of seven hundred ninety-two dollars or the	34644
amount calculated under division (M)(1) or (2) of this section,	34645
whichever is greater.	34646

(N)(1) A person applying for a plan approval for a public	34647
water supply system under section 6109.07 of the Revised Code	34648
shall pay a fee of one hundred fifty dollars plus thirty-five	34649
hundredths of one per cent of the estimated project cost, except	34650
that the total fee shall not exceed twenty thousand dollars	34651
through June 30, ~~2006~~2008, and fifteen thousand dollars on and	34652
after July 1, ~~2006~~2008. The fee shall be paid at the time the	34653
application is submitted.	34654

(2) A person who has entered into an agreement with the	34655
director under division (A)(2) of section 6109.07 of the Revised	34656
Code shall pay an administrative service fee for each plan	34657
submitted under that section for approval that shall not exceed	34658
the minimum amount necessary to pay administrative costs directly	34659
attributable to processing plan approvals. The director annually	34660
shall calculate the fee and shall notify all persons that have	34661
entered into agreements under that division, or who have applied	34662
for agreements, of the amount of the fee.	34663

(3) Through June 30, ~~2006~~2008, the following fee, on a per	34664
survey basis, shall be charged any person for services rendered by	34665
the state in the evaluation of laboratories and laboratory	34666
personnel for compliance with accepted analytical techniques and	34667
procedures established pursuant to Chapter 6109. of the Revised	34668
Code for determining the qualitative characteristics of water:	34669

microbiological			34670
	MMO-MUG	$2,000	34671
	MF	2,100	34672
	MMO-MUG and MF	2,550	34673
organic chemical		5,400	34674
trace metals		5,400	34675
standard chemistry		2,800	34676
limited chemistry		1,550	34677

On and after July 1, ~~2006~~2008, the following fee, on a per	34678
survey basis, shall be charged any such person:	34679

microbiological	$ 1,650	34680
organic chemicals	3,500	34681
trace metals	3,500	34682
standard chemistry	1,800	34683
limited chemistry	1,000	34684

The fee for those services shall be paid at the time the request	34685
for the survey is made. Through June 30, ~~2006~~ 2008, an individual	34686
laboratory shall not be assessed a fee under this division more	34687
than once in any three-year period unless the person requests the	34688
addition of analytical methods or analysts, in which case the	34689
person shall pay eighteen hundred dollars for each additional	34690
survey requested.	34691

As used in division (N)(3) of this section:

34692

(a) "MF" means microfiltration.

34693

(b) "MMO" means minimal medium ONPG.

34694

34695

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

34696

The director shall transmit all moneys collected under this	34697
division to the treasurer of state for deposit into the drinking	34698
water protection fund created in section 6109.30 of the Revised	34699
Code.	34700

(O) Any ~~person applying to the director for examination for~~	34701
~~certification as an operator of a water supply system or~~	34702
~~wastewater system under Chapter 6109. or 6111. of the Revised~~	34703
~~Code, at the time the application is submitted, shall pay an~~	34704
~~application fee of twenty-five dollars through November 30, 2003.~~	34705
~~Upon approval from the director that the applicant is eligible to~~	34706
~~take the examination therefor, the applicant shall pay a fee in~~	34707
~~accordance with the following schedule through November 30, 2003:~~	34708

~~Class I operator~~	~~$45~~	34709
~~Class II operator~~	55	34710
~~Class III operator~~	65	34711
~~Class IV operator~~	75	34712

~~On and after December 1, 2003, any~~ person applying to the	34713
director for examination for certification as an operator of a	34714
water supply system or wastewater system under Chapter 6109. or	34715
6111. of the Revised Code, at the time the application is	34716
submitted, shall pay an application fee of forty-five dollars	34717
through November 30, ~~2006~~2008, and twenty-five dollars on and	34718
after December 1, ~~2006~~2008. Upon approval from the director that	34719
the applicant is eligible to take the examination therefor, the	34720
applicant shall pay a fee in accordance with the following	34721
schedule through November 30, ~~2006~~2008:	34722

Class A operator	$35	34723
Class I operator	60	34724
Class II operator	75	34725
Class III operator	85	34726
Class IV operator	100	34727

On and after December 1, ~~2006~~2008, the applicant shall pay a	34728
fee in accordance with the following schedule:	34729

Class A operator	$25	34730
Class I operator	$45	34731
Class II operator	55	34732
Class III operator	65	34733
Class IV operator	75	34734

A person shall pay a biennial certification renewal fee for	34735
each applicable class of certification in accordance with the	34736
following schedule:	34737

Class A operator	$25	34738
Class I operator	35	34739
Class II operator	45	34740
Class III operator	55	34741
Class IV operator	65	34742

If a certification renewal fee is received by the director	34743
more than thirty days, but not more than one year after the	34744
expiration date of the certification, the person shall pay a	34745
certification renewal fee in accordance with the following	34746
schedule:	34747

Class A operator	$45	34748
Class I operator	55	34749
Class II operator	65	34750
Class III operator	75	34751
Class IV operator	85	34752

A person who requests a replacement certificate shall pay a	34753
fee of twenty-five dollars at the time the request is made.	34754

The director shall transmit all moneys collected under this	34755
division to the treasurer of state for deposit into the drinking	34756
water protection fund created in section 6109.30 of the Revised	34757
Code.	34758

(P) Any person submitting an application for an industrial	34759
water pollution control certificate under section 6111.31 of the	34760
Revised Code, as that section existed before its repeal by H.B. 95	34761
of the 125th general assembly, shall pay a nonrefundable fee of	34762
five hundred dollars at the time the application is submitted. The	34763
director shall transmit all moneys collected under this division	34764
to the treasurer of state for deposit into the surface water	34765
protection fund created in section 6111.038 of the Revised Code. A	34766
person paying a certificate fee under this division shall not pay	34767
an application fee under division (S)(1) of this section. On and	34768
after ~~the effective date of this amendment~~June 26, 2003, persons	34769
shall file such applications and pay the fee as required under	34770
sections 5709.20 to 5709.27 of the Revised Code, and proceeds from	34771
the fee shall be credited as provided in section 5709.212 of the	34772
Revised Code.	34773

(Q) Except as otherwise provided in division (R) of this	34774
section, a person issued a permit by the director for a new solid	34775
waste disposal facility other than an incineration or composting	34776
facility, a new infectious waste treatment facility other than an	34777
incineration facility, or a modification of such an existing	34778
facility that includes an increase in the total disposal or	34779
treatment capacity of the facility pursuant to Chapter 3734. of	34780
the Revised Code shall pay a fee of ten dollars per thousand cubic	34781
yards of disposal or treatment capacity, or one thousand dollars,	34782
whichever is greater, except that the total fee for any such	34783
permit shall not exceed eighty thousand dollars. A person issued a	34784
modification of a permit for a solid waste disposal facility or an	34785
infectious waste treatment facility that does not involve an	34786
increase in the total disposal or treatment capacity of the	34787
facility shall pay a fee of one thousand dollars. A person issued	34788
a permit to install a new, or modify an existing, solid waste	34789
transfer facility under that chapter shall pay a fee of two	34790
thousand five hundred dollars. A person issued a permit to install	34791
a new or to modify an existing solid waste incineration or	34792
composting facility, or an existing infectious waste treatment	34793
facility using incineration as its principal method of treatment,	34794
under that chapter shall pay a fee of one thousand dollars. The	34795
increases in the permit fees under this division resulting from	34796
the amendments made by Amended Substitute House Bill 592 of the	34797
117th general assembly do not apply to any person who submitted an	34798
application for a permit to install a new, or modify an existing,	34799
solid waste disposal facility under that chapter prior to	34800
September 1, 1987; any such person shall pay the permit fee	34801
established in this division as it existed prior to June 24, 1988.	34802
In addition to the applicable permit fee under this division, a	34803
person issued a permit to install or modify a solid waste facility	34804
or an infectious waste treatment facility under that chapter who	34805
fails to pay the permit fee to the director in compliance with	34806
division (V) of this section shall pay an additional ten per cent	34807
of the amount of the fee for each week that the permit fee is	34808
late.	34809

Permit and late payment fees paid to the director under this	34810
division shall be credited to the general revenue fund.	34811

(R)(1) A person issued a registration certificate for a scrap	34812
tire collection facility under section 3734.75 of the Revised Code	34813
shall pay a fee of two hundred dollars, except that if the	34814
facility is owned or operated by a motor vehicle salvage dealer	34815
licensed under Chapter 4738. of the Revised Code, the person shall	34816
pay a fee of twenty-five dollars.	34817

(2) A person issued a registration certificate for a new	34818
scrap tire storage facility under section 3734.76 of the Revised	34819
Code shall pay a fee of three hundred dollars, except that if the	34820
facility is owned or operated by a motor vehicle salvage dealer	34821
licensed under Chapter 4738. of the Revised Code, the person shall	34822
pay a fee of twenty-five dollars.	34823

(3) A person issued a permit for a scrap tire storage	34824
facility under section 3734.76 of the Revised Code shall pay a fee	34825
of one thousand dollars, except that if the facility is owned or	34826
operated by a motor vehicle salvage dealer licensed under Chapter	34827
4738. of the Revised Code, the person shall pay a fee of fifty	34828
dollars.	34829

(4) A person issued a permit for a scrap tire monocell or	34830
monofill facility under section 3734.77 of the Revised Code shall	34831
pay a fee of ten dollars per thousand cubic yards of disposal	34832
capacity or one thousand dollars, whichever is greater, except	34833
that the total fee for any such permit shall not exceed eighty	34834
thousand dollars.	34835

(5) A person issued a registration certificate for a scrap	34836
tire recovery facility under section 3734.78 of the Revised Code	34837
shall pay a fee of one hundred dollars.	34838

(6) A person issued a permit for a scrap tire recovery	34839
facility under section 3734.78 of the Revised Code shall pay a fee	34840
of one thousand dollars.	34841

(7) In addition to the applicable registration certificate or	34842
permit fee under divisions (R)(1) to (6) of this section, a person	34843
issued a registration certificate or permit for any such scrap	34844
tire facility who fails to pay the registration certificate or	34845
permit fee to the director in compliance with division (V) of this	34846
section shall pay an additional ten per cent of the amount of the	34847
fee for each week that the fee is late.	34848

(8) The registration certificate, permit, and late payment	34849
fees paid to the director under divisions (R)(1) to (7) of this	34850
section shall be credited to the scrap tire management fund	34851
created in section 3734.82 of the Revised Code.	34852

(S)(1) Except as provided by divisions (L), (M), (N), (O),	34853
(P), and (S)(2) of this section, division (A)(2) of section	34854
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	34855
and rules adopted under division (T)(1) of this section, any	34856
person applying for a registration certificate under section	34857
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	34858
variance, or plan approval under Chapter 3734. of the Revised Code	34859
shall pay a nonrefundable fee of fifteen dollars at the time the	34860
application is submitted.	34861

Except as otherwise provided, any person applying for a	34862
permit, variance, or plan approval under Chapter 6109. or 6111. of	34863
the Revised Code shall pay a nonrefundable fee of one hundred	34864
dollars at the time the application is submitted through June 30,	34865
~~2006~~2008, and a nonrefundable fee of fifteen dollars at the time	34866
the application is submitted on and after July 1, ~~2006~~2008.	34867
Through June 30, ~~2006~~2008, any person applying for a national	34868
pollutant discharge elimination system permit under Chapter 6111.	34869
of the Revised Code shall pay a nonrefundable fee of two hundred	34870
dollars at the time of application for the permit. On and after	34871
July 1, ~~2006~~2008, such a person shall pay a nonrefundable fee of	34872
fifteen dollars at the time of application.	34873

In addition to the application fee established under division	34874
(S)(1) of this section, any person applying for a national	34875
pollutant discharge elimination system general storm water	34876
construction permit shall pay a nonrefundable fee of twenty	34877
dollars per acre for each acre that is permitted above five acres	34878
at the time the application is submitted. However, the per acreage	34879
fee shall not exceed three hundred dollars. In addition, any	34880
person applying for a national pollutant discharge elimination	34881
system general storm water industrial permit shall pay a	34882
nonrefundable fee of one hundred fifty dollars at the time the	34883
application is submitted.	34884

The director shall transmit all moneys collected under	34885
division (S)(1) of this section pursuant to Chapter 6109. of the	34886
Revised Code to the treasurer of state for deposit into the	34887
drinking water protection fund created in section 6109.30 of the	34888
Revised Code.	34889

The director shall transmit all moneys collected under	34890
division (S)(1) of this section pursuant to Chapter 6111. of the	34891
Revised Code to the treasurer of state for deposit into the	34892
surface water protection fund created in section 6111.038 of the	34893
Revised Code.	34894

If a registration certificate is issued under section	34895
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	34896
the application fee paid shall be deducted from the amount of the	34897
registration certificate fee due under division (R)(1), (2), or	34898
(5) of this section, as applicable.	34899

If a person submits an electronic application for a	34900
registration certificate, permit, variance, or plan approval for	34901
which an application fee is established under division (S)(1) of	34902
this section, the person shall pay the applicable application fee	34903
as expeditiously as possible after the submission of the	34904
electronic application. An application for a registration	34905
certificate, permit, variance, or plan approval for which an	34906
application fee is established under division (S)(1) of this	34907
section shall not be reviewed or processed until the applicable	34908
application fee, and any other fees established under this	34909
division, are paid.	34910

(2) Division (S)(1) of this section does not apply to an	34911
application for a registration certificate for a scrap tire	34912
collection or storage facility submitted under section 3734.75 or	34913
3734.76 of the Revised Code, as applicable, if the owner or	34914
operator of the facility or proposed facility is a motor vehicle	34915
salvage dealer licensed under Chapter 4738. of the Revised Code.	34916

(T) The director may adopt, amend, and rescind rules in	34917
accordance with Chapter 119. of the Revised Code that do all of	34918
the following:	34919

(1) Prescribe fees to be paid by applicants for and holders	34920
of any license, permit, variance, plan approval, or certification	34921
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	34922
the Revised Code that are not specifically established in this	34923
section. The fees shall be designed to defray the cost of	34924
processing, issuing, revoking, modifying, denying, and enforcing	34925
the licenses, permits, variances, plan approvals, and	34926
certifications.	34927

The director shall transmit all moneys collected under rules	34928
adopted under division (T)(1) of this section pursuant to Chapter	34929
6109. of the Revised Code to the treasurer of state for deposit	34930
into the drinking water protection fund created in section 6109.30	34931
of the Revised Code.	34932

The director shall transmit all moneys collected under rules	34933
adopted under division (T)(1) of this section pursuant to Chapter	34934
6111. of the Revised Code to the treasurer of state for deposit	34935
into the surface water protection fund created in section 6111.038	34936
of the Revised Code.	34937

(2) Exempt the state and political subdivisions thereof,	34938
including education facilities or medical facilities owned by the	34939
state or a political subdivision, or any person exempted from	34940
taxation by section 5709.07 or 5709.12 of the Revised Code, from	34941
any fee required by this section;	34942

(3) Provide for the waiver of any fee, or any part thereof,	34943
otherwise required by this section whenever the director	34944
determines that the imposition of the fee would constitute an	34945
unreasonable cost of doing business for any applicant, class of	34946
applicants, or other person subject to the fee;	34947

(4) Prescribe measures that the director considers necessary	34948
to carry out this section.	34949

(U) When the director reasonably demonstrates that the direct	34950
cost to the state associated with the issuance of a permit to	34951
install, license, variance, plan approval, or certification	34952
exceeds the fee for the issuance or review specified by this	34953
section, the director may condition the issuance or review on the	34954
payment by the person receiving the issuance or review of, in	34955
addition to the fee specified by this section, the amount, or any	34956
portion thereof, in excess of the fee specified under this	34957
section. The director shall not so condition issuances for which	34958
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	34959
section.	34960

(V) Except as provided in divisions (L), (M), and (P) of this	34961
section or unless otherwise prescribed by a rule of the director	34962
adopted pursuant to Chapter 119. of the Revised Code, all fees	34963
required by this section are payable within thirty days after the	34964
issuance of an invoice for the fee by the director or the	34965
effective date of the issuance of the license, permit, variance,	34966
plan approval, or certification. If payment is late, the person	34967
responsible for payment of the fee shall pay an additional ten per	34968
cent of the amount due for each month that it is late.	34969

(W) As used in this section, "fuel-burning equipment,"	34970
"fuel-burning equipment input capacity," "incinerator,"	34971
"incinerator input capacity," "process," "process weight rate,"	34972
"storage tank," "gasoline dispensing facility," "dry cleaning	34973
facility," "design flow discharge," and "new source treatment	34974
works" have the meanings ascribed to those terms by applicable	34975
rules or standards adopted by the director under Chapter 3704. or	34976
6111. of the Revised Code.	34977

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	34978
and (J) of this section, and in any other provision of this	34979
section pertaining to fees paid pursuant to Chapter 3704. of the	34980
Revised Code:	34981

(1) "Facility," "federal Clean Air Act," "person," and "Title	34982
V permit" have the same meanings as in section 3704.01 of the	34983
Revised Code.	34984

(2) "Title V permit program" means the following activities	34985
as necessary to meet the requirements of Title V of the federal	34986
Clean Air Act and 40 C.F.R. part 70, including at least:	34987

(a) Preparing and adopting, if applicable, generally	34988
applicable rules or guidance regarding the permit program or its	34989
implementation or enforcement;	34990

(b) Reviewing and acting on any application for a Title V	34991
permit, permit revision, or permit renewal, including the	34992
development of an applicable requirement as part of the processing	34993
of a permit, permit revision, or permit renewal;	34994

(c) Administering the permit program, including the	34995
supporting and tracking of permit applications, compliance	34996
certification, and related data entry;	34997

(d) Determining which sources are subject to the program and	34998
implementing and enforcing the terms of any Title V permit, not	34999
including any court actions or other formal enforcement actions;	35000

(e) Emission and ambient monitoring;

35001

(f) Modeling, analyses, or demonstrations;

35002

(g) Preparing inventories and tracking emissions;

35003

(h) Providing direct and indirect support to small business	35004
stationary sources to determine and meet their obligations under	35005
the federal Clean Air Act pursuant to the small business	35006
stationary source technical and environmental compliance	35007
assistance program required by section 507 of that act and	35008
established in sections 3704.18, 3704.19, and 3706.19 of the	35009
Revised Code.	35010

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	35011
of this section, each sewage sludge facility shall pay a	35012
nonrefundable annual sludge fee equal to three dollars and fifty	35013
cents per dry ton of sewage sludge, including the dry tons of	35014
sewage sludge in materials derived from sewage sludge, that the	35015
sewage sludge facility treats or disposes of in this state. The	35016
annual volume of sewage sludge treated or disposed of by a sewage	35017
sludge facility shall be calculated using the first day of January	35018
through the thirty-first day of December of the calendar year	35019
preceding the date on which payment of the fee is due.	35020

(2)(a) Except as provided in division (Y)(2)(d) of this	35021
section, each sewage sludge facility shall pay a minimum annual	35022
sewage sludge fee of one hundred dollars.	35023

(b) The annual sludge fee required to be paid by a sewage	35024
sludge facility that treats or disposes of exceptional quality	35025
sludge in this state shall be thirty-five per cent less per dry	35026
ton of exceptional quality sludge than the fee assessed under	35027
division (Y)(1) of this section, subject to the following	35028
exceptions:	35029

(i) Except as provided in division (Y)(2)(d) of this section,	35030
a sewage sludge facility that treats or disposes of exceptional	35031
quality sludge shall pay a minimum annual sewage sludge fee of one	35032
hundred dollars.	35033

(ii) A sewage sludge facility that treats or disposes of	35034
exceptional quality sludge shall not be required to pay the annual	35035
sludge fee for treatment or disposal in this state of exceptional	35036
quality sludge generated outside of this state and contained in	35037
bags or other containers not greater than one hundred pounds in	35038
capacity.	35039

A thirty-five per cent reduction for exceptional quality	35040
sludge applies to the maximum annual fees established under	35041
division (Y)(3) of this section.	35042

(c) A sewage sludge facility that transfers sewage sludge to	35043
another sewage sludge facility in this state for further treatment	35044
prior to disposal in this state shall not be required to pay the	35045
annual sludge fee for the tons of sewage sludge that have been	35046
transferred. In such a case, the sewage sludge facility that	35047
disposes of the sewage sludge shall pay the annual sludge fee.	35048
However, the facility transferring the sewage sludge shall pay the	35049
one-hundred-dollar minimum fee required under division (Y)(2)(a)	35050
of this section.	35051

In the case of a sewage sludge facility that treats sewage	35052
sludge in this state and transfers it out of this state to another	35053
entity for disposal, the sewage sludge facility in this state	35054
shall be required to pay the annual sludge fee for the tons of	35055
sewage sludge that have been transferred.	35056

(d) A sewage sludge facility that generates sewage sludge	35057
resulting from an average daily discharge flow of less than five	35058
thousand gallons per day is not subject to the fees assessed under	35059
division (Y) of this section.	35060

(3) No sewage sludge facility required to pay the annual	35061
sludge fee shall be required to pay more than the maximum annual	35062
fee for each disposal method that the sewage sludge facility uses.	35063
The maximum annual fee does not include the additional amount that	35064
may be charged under division (Y)(5) of this section for late	35065
payment of the annual sludge fee. The maximum annual fee for the	35066
following methods of disposal of sewage sludge is as follows:	35067

(a) Incineration: five thousand dollars;

35068

(b) Preexisting land reclamation project or disposal in a	35069
landfill: five thousand dollars;	35070

(c) Land application, land reclamation, surface disposal, or	35071
any other disposal method not specified in division (Y)(3)(a) or	35072
(b) of this section: twenty thousand dollars.	35073

(4)(a) In the case of an entity that generates sewage sludge	35074
or a sewage sludge facility that treats sewage sludge and	35075
transfers the sewage sludge to an incineration facility for	35076
disposal, the incineration facility, and not the entity generating	35077
the sewage sludge or the sewage sludge facility treating the	35078
sewage sludge, shall pay the annual sludge fee for the tons of	35079
sewage sludge that are transferred. However, the entity or	35080
facility generating or treating the sewage sludge shall pay the	35081
one-hundred-dollar minimum fee required under division (Y)(2)(a)	35082
of this section.	35083

(b) In the case of an entity that generates sewage sludge and	35084
transfers the sewage sludge to a landfill for disposal or to a	35085
sewage sludge facility for land reclamation or surface disposal,	35086
the entity generating the sewage sludge, and not the landfill or	35087
sewage sludge facility, shall pay the annual sludge fee for the	35088
tons of sewage sludge that are transferred.	35089

(5) Not later than the first day of April of the calendar	35090
year following March 17, 2000, and each first day of April	35091
thereafter, the director shall issue invoices to persons who are	35092
required to pay the annual sludge fee. The invoice shall identify	35093
the nature and amount of the annual sludge fee assessed and state	35094
the first day of May as the deadline for receipt by the director	35095
of objections regarding the amount of the fee and the first day of	35096
July as the deadline for payment of the fee.	35097

Not later than the first day of May following receipt of an	35098
invoice, a person required to pay the annual sludge fee may submit	35099
objections to the director concerning the accuracy of information	35100
regarding the number of dry tons of sewage sludge used to	35101
calculate the amount of the annual sludge fee or regarding whether	35102
the sewage sludge qualifies for the exceptional quality sludge	35103
discount established in division (Y)(2)(b) of this section. The	35104
director may consider the objections and adjust the amount of the	35105
fee to ensure that it is accurate.	35106

If the director does not adjust the amount of the annual	35107
sludge fee in response to a person's objections, the person may	35108
appeal the director's determination in accordance with Chapter	35109
119. of the Revised Code.	35110

Not later than the first day of June, the director shall	35111
notify the objecting person regarding whether the director has	35112
found the objections to be valid and the reasons for the finding.	35113
If the director finds the objections to be valid and adjusts the	35114
amount of the annual sludge fee accordingly, the director shall	35115
issue with the notification a new invoice to the person	35116
identifying the amount of the annual sludge fee assessed and	35117
stating the first day of July as the deadline for payment.	35118

Not later than the first day of July, any person who is	35119
required to do so shall pay the annual sludge fee. Any person who	35120
is required to pay the fee, but who fails to do so on or before	35121
that date shall pay an additional amount that equals ten per cent	35122
of the required annual sludge fee.	35123

(6) The director shall transmit all moneys collected under	35124
division (Y) of this section to the treasurer of state for deposit	35125
into the surface water protection fund created in section 6111.038	35126
of the Revised Code. The moneys shall be used to defray the costs	35127
of administering and enforcing provisions in Chapter 6111. of the	35128
Revised Code and rules adopted under it that govern the use,	35129
storage, treatment, or disposal of sewage sludge.	35130

(7) Beginning in fiscal year 2001, and every two years	35131
thereafter, the director shall review the total amount of moneys	35132
generated by the annual sludge fees to determine if that amount	35133
exceeded six hundred thousand dollars in either of the two	35134
preceding fiscal years. If the total amount of moneys in the fund	35135
exceeded six hundred thousand dollars in either fiscal year, the	35136
director, after review of the fee structure and consultation with	35137
affected persons, shall issue an order reducing the amount of the	35138
fees levied under division (Y) of this section so that the	35139
estimated amount of moneys resulting from the fees will not exceed	35140
six hundred thousand dollars in any fiscal year.	35141

If, upon review of the fees under division (Y)(7) of this	35142
section and after the fees have been reduced, the director	35143
determines that the total amount of moneys collected and	35144
accumulated is less than six hundred thousand dollars, the	35145
director, after review of the fee structure and consultation with	35146
affected persons, may issue an order increasing the amount of the	35147
fees levied under division (Y) of this section so that the	35148
estimated amount of moneys resulting from the fees will be	35149
approximately six hundred thousand dollars. Fees shall never be	35150
increased to an amount exceeding the amount specified in division	35151
(Y)(7) of this section.	35152

Notwithstanding section 119.06 of the Revised Code, the	35153
director may issue an order under division (Y)(7) of this section	35154
without the necessity to hold an adjudicatory hearing in	35155
connection with the order. The issuance of an order under this	35156
division is not an act or action for purposes of section 3745.04	35157
of the Revised Code.	35158

(8) As used in division (Y) of this section:

35159

(a) "Sewage sludge facility" means an entity that performs	35160
treatment on or is responsible for the disposal of sewage sludge.	35161

(b) "Sewage sludge" means a solid, semi-solid, or liquid	35162
residue generated during the treatment of domestic sewage in a	35163
treatment works as defined in section 6111.01 of the Revised Code.	35164
"Sewage sludge" includes, but is not limited to, scum or solids	35165
removed in primary, secondary, or advanced wastewater treatment	35166
processes. "Sewage sludge" does not include ash generated during	35167
the firing of sewage sludge in a sewage sludge incinerator, grit	35168
and screenings generated during preliminary treatment of domestic	35169
sewage in a treatment works, animal manure, residue generated	35170
during treatment of animal manure, or domestic septage.	35171

(c) "Exceptional quality sludge" means sewage sludge that	35172
meets all of the following qualifications:	35173

(i) Satisfies the class A pathogen standards in 40 C.F.R.	35174
503.32(a);	35175

(ii) Satisfies one of the vector attraction reduction	35176
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	35177

(iii) Does not exceed the ceiling concentration limitations	35178
for metals listed in table one of 40 C.F.R. 503.13;	35179

(iv) Does not exceed the concentration limitations for metals	35180
listed in table three of 40 C.F.R. 503.13.	35181

(d) "Treatment" means the preparation of sewage sludge for	35182
final use or disposal and includes, but is not limited to,	35183
thickening, stabilization, and dewatering of sewage sludge.	35184

(e) "Disposal" means the final use of sewage sludge,	35185
including, but not limited to, land application, land reclamation,	35186
surface disposal, or disposal in a landfill or an incinerator.	35187

(f) "Land application" means the spraying or spreading of	35188
sewage sludge onto the land surface, the injection of sewage	35189
sludge below the land surface, or the incorporation of sewage	35190
sludge into the soil for the purposes of conditioning the soil or	35191
fertilizing crops or vegetation grown in the soil.	35192

(g) "Land reclamation" means the returning of disturbed land	35193
to productive use.	35194

(h) "Surface disposal" means the placement of sludge on an	35195
area of land for disposal, including, but not limited to,	35196
monofills, surface impoundments, lagoons, waste piles, or	35197
dedicated disposal sites.	35198

(i) "Incinerator" means an entity that disposes of sewage	35199
sludge through the combustion of organic matter and inorganic	35200
matter in sewage sludge by high temperatures in an enclosed	35201
device.	35202

(j) "Incineration facility" includes all incinerators owned	35203
or operated by the same entity and located on a contiguous tract	35204
of land. Areas of land are considered to be contiguous even if	35205
they are separated by a public road or highway.	35206

(k) "Annual sludge fee" means the fee assessed under division	35207
(Y)(1) of this section.	35208

(l) "Landfill" means a sanitary landfill facility, as defined	35209
in rules adopted under section 3734.02 of the Revised Code, that	35210
is licensed under section 3734.05 of the Revised Code.	35211

(m) "Preexisting land reclamation project" means a	35212
property-specific land reclamation project that has been in	35213
continuous operation for not less than five years pursuant to	35214
approval of the activity by the director and includes the	35215
implementation of a community outreach program concerning the	35216
activity.	35217

Sec. 3745.114. (A) A person that applies for a section 401	35218
water quality certification under Chapter 6111. of the Revised	35219
Code and rules adopted under it shall pay an application fee of	35220
two hundred dollars at the time of application plus any of the	35221
following fees, as applicable:	35222

(1) If the water resource to be impacted is a wetland, a	35223
review fee of five hundred dollars per acre of wetland to be	35224
impacted;	35225

(2) If the water resource to be impacted is a stream, a	35226
review fee of ten dollars per linear foot of stream to be	35227
impacted;	35228

(3) If the water resource to be impacted is a lake, a review	35229
fee of three dollars per cubic yard of dredged or fill material to	35230
be moved.	35231

(B) The total fee to be paid under this section shall not	35232
exceed twenty-five thousand dollars per application. However, if	35233
the applicant is a county, township, or municipal corporation in	35234
this state, the total fee to be paid shall not exceed five	35235
thousand dollars per application.	35236

(C) All money collected under this section shall be	35237
transmitted to the treasurer of state for deposit into the state	35238
treasury to the credit of the surface water protection fund	35239
created in section 6111.038 of the Revised Code.	35240

(D) The fees established under this section do not apply to	35241
any state agency as defined in section 119.01 of the Revised Code.	35242

(E) The fees established under this section do not apply to	35243
projects that are authorized by the environmental protection	35244
agency's general certifications of nationwide permits or general	35245
permits issued by the United States army corps of engineers. As	35246
used in this division, "general permit" and "nationwide permit"	35247
have the same meanings as in rules adopted under Chapter 6111. of	35248
the Revised Code.	35249

(F) The fees established under this section do not apply to	35250
coal mining and reclamation operations that are authorized under	35251
Chapter 1513. of the Revised Code.	35252

Sec. 3745.12. (A) There is hereby created in the state	35253
treasury the immediate removal fund, which shall be administered	35254
by the director of environmental protection. The fund may be used	35255
for both of the following purposes:	35256

(1) To pay costs incurred by the environmental protection	35257
agency in investigating, mitigating, minimizing, removing, or	35258
abating any unauthorized spill, release, or discharge of material	35259
into or upon the environment that requires emergency action to	35260
protect the public health or safety or the environment;	35261

(2) Conducting remedial actions under section 3752.13 of the	35262
Revised Code.	35263

(B) Any person responsible for causing or allowing the	35264
unauthorized spill, release, or discharge is liable to the	35265
director for the costs incurred by the agency regardless of	35266
whether those costs were paid out of the fund created under	35267
division (A) of this section or any other fund of the agency. Upon	35268
the request of the director, the attorney general shall bring a	35269
civil action against the responsible person to recover those	35270
costs. Moneys recovered under this division shall be paid into the	35271
state treasury to the credit of the immediate removal fund, except	35272
that moneys recovered for costs paid from the hazardous waste	35273
clean-up fund created in section 3734.28 of the Revised Code shall	35274
be credited to the hazardous waste clean-up fund.	35275

Sec. 3746.04. Within one year after September 28, 1994, the	35276
director of environmental protection, in accordance with Chapter	35277
119. of the Revised Code and with the advice of the	35278
multidisciplinary council appointed under section 3746.03 of the	35279
Revised Code, shall adopt, and subsequently may amend, suspend, or	35280
rescind, rules that do both of the following:	35281

(A) Revise the rules adopted under Chapters 3704., 3714.,	35282
3734., 6109., and 6111. of the Revised Code to incorporate the	35283
provisions necessary to conform those rules to the requirements of	35284
this chapter. The amended rules adopted under this division also	35285
shall establish response times for all submittals to the	35286
environmental protection agency required under this chapter or	35287
rules adopted under it.	35288

(B) Establish requirements and procedures that are reasonably	35289
necessary for the implementation and administration of this	35290
chapter, including, without limitation, all of the following:	35291

(1) Appropriate generic numerical clean-up standards for the	35292
treatment or removal of soils, sediments, and water media for	35293
hazardous substances and petroleum. The rules shall establish	35294
separate generic numerical clean-up standards based upon the	35295
intended use of properties after the completion of voluntary	35296
actions, including industrial, commercial, and residential uses	35297
and such other categories of land use as the director considers to	35298
be appropriate. The generic numerical clean-up standards	35299
established for each category of land use shall be the	35300
concentration of each contaminant that may be present on a	35301
property that shall ensure protection of public health and safety	35302
and the environment for the reasonable exposure for that category	35303
of land use. When developing the standards, the director shall	35304
consider such factors as all of the following:	35305

(a) Scientific information, including, without limitation,	35306
toxicological information and realistic assumptions regarding	35307
human and environmental exposure to hazardous substances or	35308
petroleum;	35309

(b) Climatic factors;

35310

35311

(d) Current statistical techniques;

35312

(e) For petroleum at industrial property, alternatives to the	35313
use of total petroleum hydrocarbons.	35314

The generic numerical clean-up standards established in the	35315
rules adopted under division (B)(1) of this section shall be	35316
consistent with and equivalent in scope, content, and coverage to	35317
any applicable standard established by federal environmental laws	35318
and regulations adopted under them, including, without limitation,	35319
the "Federal Water Pollution Control Act Amendments of 1972," 86	35320
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource	35321
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	35322
6921, as amended; the "Toxic Substances Control Act," 90 Stat.	35323
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive	35324
Environmental Response, Compensation, and Liability Act of 1980,"	35325
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe	35326
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as	35327
amended.	35328

In order for the rules adopted under division (B)(1) of this	35329
section to require that any such federal environmental standard	35330
apply to a property, the property shall meet the requirements of	35331
the particular federal statute or regulation involved in the	35332
manner specified by the statute or regulation.	35333

The generic numerical clean-up standards for petroleum at	35334
commercial or residential property shall be the standards	35335
established in rules adopted under division (B) of section	35336
3737.882 of the Revised Code.	35337

(2)(a) Procedures for performing property-specific risk	35338
assessments that would be performed at a property to demonstrate	35339
that the remedy evaluated in a risk assessment results in	35340
protection of public health and safety and the environment instead	35341
of complying with the generic numerical clean-up standards	35342
established in the rules adopted under division (B)(1) of this	35343
section. The risk assessment procedures shall describe a	35344
methodology to establish, on a property-specific basis, allowable	35345
levels of contamination to remain at a property to ensure	35346
protection of public health and safety and the environment on the	35347
property and off the property when the contamination is emanating	35348
off the property, taking into account all of the following:	35349

(i) The implementation of treatment, storage, or disposal, or	35350
a combination thereof, of hazardous substances or petroleum;	35351

(ii) The existence of institutional controls or activity and	35352
use limitations that eliminate or mitigate exposure to hazardous	35353
substances or petroleum through the restriction of access to	35354
hazardous substances or petroleum;	35355

(iii) The existence of engineering controls that eliminate or	35356
mitigate exposure to hazardous substances or petroleum through	35357
containment of, control of, or restrictions of access to hazardous	35358
substances or petroleum, including, without limitation, fences,	35359
cap systems, cover systems, and landscaping.	35360

(b) The risk assessment procedures and levels of acceptable	35361
risk set forth in the rules adopted under division (B)(2) of this	35362
section shall be based upon all of the following:	35363

(i) Scientific information, including, without limitation,	35364
toxicological information and actual or proposed human and	35365
environmental exposure;	35366

(ii) Locational and climatic factors;

35367

(iii) Surrounding land use and human activities;

35368

(iv) Differing levels of remediation that may be required	35369
when an existing land use is continued compared to when a	35370
different land use follows the remediation.	35371

(c) Any standards established pursuant to rules adopted under	35372
division (B)(2) of this section shall be no more stringent than	35373
standards established under the environmental statutes of this	35374
state and rules adopted under them for the same contaminant in the	35375
same environmental medium that are in effect at the time the risk	35376
assessment is conducted.	35377

(3) Minimum standards for phase I property assessments. The	35378
standards shall specify the information needed to demonstrate that	35379
there is no reason to believe that contamination exists on a	35380
property. The rules adopted under division (B)(3) of this section,	35381
at a minimum, shall require that a phase I property assessment	35382
include all of the following:	35383

(a) A review and analysis of deeds, mortgages, easements of	35384
record, and similar documents relating to the chain of title to	35385
the property that are publicly available or that are known to and	35386
reasonably available to the owner or operator;	35387

(b) A review and analysis of any previous environmental	35388
assessments, property assessments, environmental studies, or	35389
geologic studies of the property and any land within two thousand	35390
feet of the boundaries of the property that are publicly available	35391
or that are known to and reasonably available to the owner or	35392
operator;	35393

(c) A review of current and past environmental compliance	35394
histories of persons who owned or operated the property;	35395

(d) A review of aerial photographs of the property that	35396
indicate prior uses of the property;	35397

(e) Interviews with managers of activities conducted at the	35398
property who have knowledge of environmental conditions at the	35399
property;	35400

(f) Conducting an inspection of the property consisting of a	35401
walkover;	35402

(g) Identifying the current and past uses of the property,	35403
adjoining tracts of land, and the area surrounding the property,	35404
including, without limitation, interviews with persons who reside	35405
or have resided, or who are or were employed, within the area	35406
surrounding the property regarding the current and past uses of	35407
the property and adjacent tracts of land.	35408

The rules adopted under division (B)(3) of this section shall	35409
establish criteria to determine when a phase II property	35410
assessment shall be conducted when a phase I property assessment	35411
reveals facts that establish a reason to believe that hazardous	35412
substances or petroleum have been treated, stored, managed, or	35413
disposed of on the property if the person undertaking the phase I	35414
property assessment wishes to obtain a covenant not to sue under	35415
section 3746.12 of the Revised Code.	35416

(4) Minimum standards for phase II property assessments. The	35417
standards shall specify the information needed to demonstrate that	35418
any contamination present at the property does not exceed	35419
applicable standards or that the remedial activities conducted at	35420
the property have achieved compliance with applicable standards.	35421
The rules adopted under division (B)(4) of this section, at a	35422
minimum, shall require that a phase II property assessment include	35423
all of the following:	35424

(a) A review and analysis of all documentation prepared in	35425
connection with a phase I property assessment conducted within the	35426
one hundred eighty days before the phase II property assessment	35427
begins. The rules adopted under division (B)(4)(a) of this section	35428
shall require that if a period of more than one hundred eighty	35429
days has passed between the time that the phase I assessment of	35430
the property was completed and the phase II assessment begins, the	35431
phase II assessment shall include a reasonable inquiry into the	35432
change in the environmental condition of the property during the	35433
intervening period.	35434

(b) Quality assurance objectives for measurements taken in	35435
connection with a phase II assessment;	35436

(c) Sampling procedures to ensure the representative sampling	35437
of potentially contaminated environmental media;	35438

(d) Quality assurance and quality control requirements for	35439
samples collected in connection with phase II assessments;	35440

(e) Analytical and data assessment procedures;

35441

(f) Data objectives to ensure that samples collected in	35442
connection with phase II assessments are biased toward areas where	35443
information indicates that contamination by hazardous substances	35444
or petroleum is likely to exist.	35445

(5) Standards governing the conduct of certified	35446
professionals, criteria and procedures for the certification of	35447
professionals to issue no further action letters under section	35448
3746.11 of the Revised Code, and criteria for the suspension and	35449
revocation of those certifications. The director shall take an	35450
action regarding a certification as a final action. The issuance,	35451
denial, renewal, suspension, and revocation of those	35452
certifications are subject to Chapter 3745. of the Revised Code,	35453
~~and the director shall take any such action regarding a~~	35454
~~certification as a final action~~except that, in lieu of publishing	35455
an action regarding a certification in a newspaper of general	35456
circulation as required in section 3745.07 of the Revised Code,	35457
such an action shall be published on the environmental protection	35458
agency's web site and in the agency's weekly review not later than	35459
fifteen days after the date of the issuance, denial, renewal,	35460
suspension, or revocation of the certification and not later than	35461
thirty days before a hearing or public meeting concerning the	35462
action.	35463

The rules adopted under division (B)(5) of this section shall	35464
do all of the following:	35465

(a) Provide for the certification of environmental	35466
professionals to issue no further action letters pertaining to	35467
investigations and remedies in accordance with the criteria and	35468
procedures set forth in the rules. The rules adopted under	35469
division (B)(5)(a) of this section shall do at least all of the	35470
following:	35471

(i) Authorize the director to consider such factors as an	35472
environmental professional's previous performance record regarding	35473
such investigations and remedies and the environmental	35474
professional's environmental compliance history when determining	35475
whether to certify the environmental professional;	35476

(ii) Ensure that an application for certification is reviewed	35477
in a timely manner;	35478

(iii) Require the director to certify any environmental	35479
professional who the director determines complies with those	35480
criteria;	35481

(iv) Require the director to deny certification for any	35482
environmental professional who does not comply with those	35483
criteria.	35484

(b) Establish an annual fee to be paid by environmental	35485
professionals certified pursuant to the rules adopted under	35486
division (B)(5)(a) of this section. The fee shall be established	35487
at an amount calculated to defray the costs to the ~~environmental~~	35488
~~protection~~ agency for the required reviews of the qualifications	35489
of environmental professionals for certification and for the	35490
issuance of the certifications.	35491

(c) Develop a schedule for and establish requirements	35492
governing the review by the director of the credentials of	35493
environmental professionals who were deemed to be certified	35494
professionals under division (D) of section 3746.07 of the Revised	35495
Code in order to determine if they comply with the criteria	35496
established in rules adopted under division (B)(5) of this	35497
section. The rules adopted under division (B)(5)(c) of this	35498
section shall do at least all of the following:	35499

(i) Ensure that the review is conducted in a timely fashion;

35500

(ii) Require the director to certify any such environmental	35501
professional who the director determines complies with those	35502
criteria;	35503

(iii) Require any such environmental professional initially	35504
to pay the fee established in the rules adopted under division	35505
(B)(5)(b) of this section at the time that the environmental	35506
professional is so certified by the director;	35507

(iv) Establish a time period within which any such	35508
environmental professional who does not comply with those criteria	35509
may obtain the credentials that are necessary for certification;	35510

(v) Require the director to deny certification for any such	35511
environmental professional who does not comply with those criteria	35512
and who fails to obtain the necessary credentials within the	35513
established time period.	35514

(d) Require that any information submitted to the director	35515
for the purposes of the rules adopted under division (B)(5)(a) or	35516
(c) of this section comply with division (A) of section 3746.20 of	35517
the Revised Code;	35518

(e) Authorize the director to suspend or revoke the	35519
certification of an environmental professional if the director	35520
finds that the environmental professional's performance has	35521
resulted in the issuance of no further action letters under	35522
section 3746.11 of the Revised Code that are not consistent with	35523
applicable standards or finds that the certified environmental	35524
professional has not substantially complied with section 3746.31	35525
of the Revised Code;	35526

(f) Authorize the director to suspend for a period of not	35527
more than five years or to permanently revoke a certified	35528
environmental professional's certification for any violation of or	35529
failure to comply with an ethical standard established in rules	35530
adopted under division (B)(5) of this section.;	35531

(g) Require the director to revoke the certification of an	35532
environmental professional if the director finds that the	35533
environmental professional falsified any information on the	35534
environmental professional's application for certification	35535
regarding the environmental professional's credentials or	35536
qualifications or any other information generated for the purposes	35537
of or use under this chapter or rules adopted under it;	35538

(h) Require the director permanently to revoke the	35539
certification of an environmental professional who has violated or	35540
is violating division (A) of section 3746.18 of the Revised Code;	35541

(i) Preclude the director from revoking the certification of	35542
an environmental professional who only conducts investigations and	35543
remedies at property contaminated solely with petroleum unless the	35544
director first consults with the director of commerce.	35545

(6) Criteria and procedures for the certification of	35546
laboratories to perform analyses under this chapter and rules	35547
adopted under it. The issuance, denial, suspension, and revocation	35548
of those certifications are subject to Chapter 3745. of the	35549
Revised Code, and the director of environmental protection shall	35550
take any such action regarding a certification as a final action.	35551

The rules adopted under division (B)(6) of this section shall	35552
do all of the following:	35553

(a) Provide for the certification to perform analyses of	35554
laboratories in accordance with the criteria and procedures	35555
established in the rules adopted under division (B)(6)(a) of this	35556
section and establish an annual fee to be paid by those	35557
laboratories. The fee shall be established at an amount calculated	35558
to defray the costs to the agency for the review of the	35559
qualifications of those laboratories for certification and for the	35560
issuance of the certifications. The rules adopted under division	35561
(B)(6)(a) of this section may provide for the certification of	35562
those laboratories to perform only particular types or categories	35563
of analyses, specific test parameters or group of test parameters,	35564
or a specific matrix or matrices under this chapter.	35565

(b) Develop a schedule for and establish requirements	35566
governing the review by the director of the operations of	35567
laboratories that were deemed to be certified laboratories under	35568
division (E) of section 3746.07 of the Revised Code in order to	35569
determine if they comply with the criteria established in rules	35570
adopted under division (B)(6) of this section. The rules adopted	35571
under division (B)(6)(b) of this section shall do at least all of	35572
the following:	35573

(i) Ensure that the review is conducted in a timely fashion;

35574

(ii) Require the director to certify any such laboratory that	35575
the director determines complies with those criteria;	35576

(iii) Require any such laboratory initially to pay the fee	35577
established in the rules adopted under division (B)(6)(a) of this	35578
section at the time that the laboratory is so certified by the	35579
director;	35580

(iv) Establish a time period within which any such laboratory	35581
that does not comply with those criteria may make changes in its	35582
operations necessary for the performance of analyses under this	35583
chapter and rules adopted under it in order to be certified by the	35584
director;	35585

(v) Require the director to deny certification for any such	35586
laboratory that does not comply with those criteria and that fails	35587
to make the necessary changes in its operations within the	35588
established time period.	35589

(c) Require that any information submitted to the director	35590
for the purposes of the rules adopted under division (B)(6)(a) or	35591
(b) of this section comply with division (A) of section 3746.20 of	35592
the Revised Code;	35593

(d) Authorize the director to suspend or revoke the	35594
certification of a laboratory if the director finds that the	35595
laboratory's performance has resulted in the issuance of no	35596
further action letters under section 3746.11 of the Revised Code	35597
that are not consistent with applicable standards;	35598

(e) Authorize the director to suspend or revoke the	35599
certification of a laboratory if the director finds that the	35600
laboratory falsified any information on its application for	35601
certification regarding its credentials or qualifications;	35602

(f) Require the director permanently to revoke the	35603
certification of a laboratory that has violated or is violating	35604
division (A) of section 3746.18 of the Revised Code.	35605

(7) Information to be included in a no further action letter	35606
prepared under section 3746.11 of the Revised Code, including,	35607
without limitation, all of the following:	35608

(a) A summary of the information required to be submitted to	35609
the certified environmental professional preparing the no further	35610
action letter under division (C) of section 3746.10 of the Revised	35611
Code;	35612

(b) Notification that a risk assessment was performed in	35613
accordance with rules adopted under division (B)(2) of this	35614
section if such an assessment was used in lieu of generic	35615
numerical clean-up standards established in rules adopted under	35616
division (B)(1) of this section;	35617

(c) The contaminants addressed at the property, if any, their	35618
source, if known, and their levels prior to remediation;	35619

(d) The identity of any other person who performed work to	35620
support the request for the no further action letter as provided	35621
in division (B)(2) of section 3746.10 of the Revised Code and the	35622
nature and scope of the work performed by that person;	35623

(e) A list of the data, information, records, and documents	35624
relied upon by the certified environmental professional in	35625
preparing the no further action letter.	35626

(8) Methods for determining fees to be paid for the following	35627
services provided by the agency under this chapter and rules	35628
adopted under it:	35629

(a) Site- or property-specific technical assistance in	35630
developing or implementing plans in connection with a voluntary	35631
action;	35632

(b) Reviewing applications for and issuing consolidated	35633
standards permits under section 3746.15 of the Revised Code and	35634
monitoring compliance with those permits;	35635

(c) Negotiating, preparing, and entering into agreements	35636
necessary for the implementation and administration of this	35637
chapter and rules adopted under it;	35638

(d) Reviewing no further action letters, issuing covenants	35639
not to sue, and monitoring compliance with any terms and	35640
conditions of those covenants and with operation and maintenance	35641
agreements entered into pursuant to those covenants, including,	35642
without limitation, conducting audits of properties where	35643
voluntary actions are being or were conducted under this chapter	35644
and rules adopted under it.	35645

The fees established pursuant to the rules adopted under	35646
division (B)(8) of this section shall be at a level sufficient to	35647
defray the direct and indirect costs incurred by the agency for	35648
the administration and enforcement of this chapter and rules	35649
adopted under it other than the provisions regarding the	35650
certification of professionals and laboratories.	35651

(9) Criteria for selecting the no further action letters	35652
issued under section 3746.11 of the Revised Code that will be	35653
audited under section 3746.17 of the Revised Code, and the scope	35654
and procedures for conducting those audits. The rules adopted	35655
under division (B)(9) of this section, at a minimum, shall require	35656
the director to establish priorities for auditing no further	35657
action letters to which any of the following applies:	35658

(a) The letter was prepared by an environmental professional	35659
who was deemed to be a certified professional under division (D)	35660
of section 3746.07 of the Revised Code, but who does not comply	35661
with the criteria established in rules adopted under division	35662
(B)(5) of this section as determined pursuant to rules adopted	35663
under division (B)(5)(d) of this section.;	35664

(b) The letter was submitted fraudulently.;

35665

(c) The letter was prepared by a certified environmental	35666
professional whose certification subsequently was revoked in	35667
accordance with rules adopted under division (B)(5) of this	35668
section, or analyses were performed for the purposes of the no	35669
further action letter by a certified laboratory whose	35670
certification subsequently was revoked in accordance with rules	35671
adopted under division (B)(6) of this section.;	35672

(d) A covenant not to sue that was issued pursuant to the	35673
letter was revoked under this chapter.;	35674

(e) The letter was for a voluntary action that was conducted	35675
pursuant to a risk assessment in accordance with rules adopted	35676
under division (B)(2) of this section.;	35677

(f) The letter was for a voluntary action that included as	35678
remedial activities engineering controls or institutional controls	35679
or activity and use limitations authorized under section 3746.05	35680
of the Revised Code.	35681

The rules adopted under division (B)(9) of this section shall	35682
provide for random audits of no further action letters to which	35683
the rules adopted under divisions (B)(9)(a) to (f) of this section	35684
do not apply.	35685

(10) A classification system to characterize ground water	35686
according to its capability to be used for human use and its	35687
impact on the environment and a methodology that shall be used to	35688
determine when ground water that has become contaminated from	35689
sources on a property for which a covenant not to sue is requested	35690
under section 3746.11 of the Revised Code shall be remediated to	35691
the standards established in the rules adopted under division	35692
(B)(1) or (2) of this section.	35693

(a) In adopting rules under division (B)(10) of this section	35694
to characterize ground water according to its capability for human	35695
use, the director shall consider all of the following:	35696

(i) The presence of legally enforceable, reliable	35697
restrictions on the use of ground water, including, without	35698
limitation, local rules or ordinances;	35699

(ii) The presence of regional commingled contamination from	35700
multiple sources that diminishes the quality of ground water;	35701

(iii) The natural quality of ground water;

35702

(iv) Regional availability of ground water and reasonable	35703
alternative sources of drinking water;	35704

(v) The productivity of the aquifer;

35705

(vi) The presence of restrictions on the use of ground water	35706
implemented under this chapter and rules adopted under it;	35707

(vii) The existing use of ground water.

35708

(b) In adopting rules under division (B)(10) of this section	35709
to characterize ground water according to its impacts on the	35710
environment, the director shall consider both of the following:	35711

(i) The risks posed to humans, fauna, surface water,	35712
sediments, soil, air, and other resources by the continuing	35713
presence of contaminated ground water;	35714

(ii) The availability and feasibility of technology to remedy	35715
ground water contamination.	35716

(11) Governing the application for and issuance of variances	35717
under section 3746.09 of the Revised Code;	35718

(12)(a) In the case of voluntary actions involving	35719
contaminated ground water, specifying the circumstances under	35720
which the generic numerical clean-up standards established in	35721
rules adopted under division (B)(1) of this section and standards	35722
established through a risk assessment conducted pursuant to rules	35723
adopted under division (B)(2) of this section shall be	35724
inapplicable to the remediation of contaminated ground water and	35725
under which the standards for remediating contaminated ground	35726
water shall be established on a case-by-case basis prior to the	35727
commencement of the voluntary action pursuant to rules adopted	35728
under division (B)(12)(b) of this section;	35729

(b) Criteria and procedures for the case-by-case	35730
establishment of standards for the remediation of contaminated	35731
ground water under circumstances in which the use of the generic	35732
numerical clean-up standards and standards established through a	35733
risk assessment are precluded by the rules adopted under division	35734
(B)(12)(a) of this section. The rules governing the procedures for	35735
the case-by-case development of standards for the remediation of	35736
contaminated ground water shall establish application, public	35737
participation, adjudication, and appeals requirements and	35738
procedures that are equivalent to the requirements and procedures	35739
established in section 3746.09 of the Revised Code and rules	35740
adopted under division (B)(11) of this section, except that the	35741
procedural rules shall not require an applicant to make the	35742
demonstrations set forth in divisions (A)(1) to (3) of section	35743
3746.09 of the Revised Code.	35744

(13) A definition of the evidence that constitutes sufficient	35745
evidence for the purpose of division (A)(5) of section 3746.02 of	35746
the Revised Code.	35747

At least thirty days before filing the proposed rules	35748
required to be adopted under this section with the secretary of	35749
state, director of the legislative service commission, and joint	35750
committee on agency rule review in accordance with divisions (B)	35751
and (H) of section 119.03 of the Revised Code, the director of	35752
environmental protection shall hold at least one public meeting on	35753
the proposed rules in each of the five districts into which the	35754
agency has divided the state for administrative purposes.	35755

Sec. 3746.071. (A) As used in this section, "certified	35756
professional" means a certified professional deemed to be	35757
certified under division (D) of section 3746.07 of the Revised	35758
Code.	35759

(B) A certified professional shall do all of the following:

35760

(1) Protect the safety, health, and welfare of the public in	35761
the performance of ~~his~~ professional duties. If a circumstance	35762
arises where the certified professional faces a situation where	35763
the safety, health, or welfare of the public would not be	35764
protected, hethe certified professional shall do all of the	35765
following:	35766

(a) Sever ~~his~~the relationship with ~~his~~the certified	35767
professional's employer or client;	35768

(b) Refuse to accept responsibility for the design, report,	35769
or statement involved;	35770

(c) Notify the director of environmental protection if, in	35771
the opinion of the certified professional, the situation is	35772
sufficiently important.	35773

(2) Undertake to perform assignments only when hethe	35774
certified professional or ~~his~~the certified professional's	35775
consulting support is qualified by training and experience in the	35776
specific technical fields involved;	35777

(3) Be completely objective in any professional report,	35778
statement, or testimony. HeThe certified professional shall	35779
include all relevant and pertinent information in the report,	35780
statement, or testimony when the result of an omission would or	35781
reasonably could lead to a fallacious conclusion.	35782

(4) Express an opinion as a technical or expert witness	35783
before any court, commission, or other tribunal only when it is	35784
founded upon adequate knowledge of the facts in issue, upon a	35785
background of technical competence in the subject matter, and upon	35786
honest conviction of the accuracy and propriety of ~~his~~the	35787
testimony.	35788

(C) A certified professional shall not issue statements,	35789
criticisms, or arguments on matters connected with public policy	35790
that are inspired or paid for by an interested party, unless he	35791
the certified professional has prefaced ~~his~~the remarks by	35792
explicitly identifying ~~himself~~the certified professional, by	35793
disclosing the identity of the parties on whose behalf hethe	35794
certified professional is speaking, and by revealing the existence	35795
of any pecuniary interest hethe certified professional may have	35796
in the instant matters.	35797

(D)(1) A certified professional shall conscientiously avoid	35798
any conflict of interest with ~~his~~the certified professional's	35799
employer or client.	35800

(2) A certified professional promptly shall inform ~~his~~the	35801
certified professional's employer or client of any business	35802
association, interests, or circumstances that could influence ~~his~~	35803
the certified professional's judgment or the quality of ~~his~~the	35804
certified professional's service to ~~his~~the employer or client.	35805

(3) A certified professional shall not accept compensation,	35806
financial or otherwise, from more than one party for services on	35807
or pertaining to the same project, unless the circumstances are	35808
fully disclosed to, and agreed to, by all interested parties or	35809
their duly authorized agents.	35810

(4) A certified professional shall not solicit or accept	35811
financial or other valuable considerations from material or	35812
equipment suppliers for specifying their products.	35813

(5) A certified professional shall not solicit or accept	35814
gratuities, directly or indirectly, from contractors, their	35815
agents, or other parties dealing directly with ~~his~~the certified	35816
professional's employer or client in connection with the work for	35817
which hethe certified professional is responsible.	35818

(E)(1) A certified professional shall not pay, solicit, or	35819
offer, directly or indirectly, any bribe or commission for	35820
professional employment with the exception of ~~his~~ payment of the	35821
usual commission for securing salaried positions through licensed	35822
employment agencies.	35823

(2) A certified professional shall seek professional	35824
employment on the basis of qualification and competence for proper	35825
accomplishment of the work. A certified professional may submit	35826
proposed fee information prior to ~~his~~ selection to serve as a	35827
certified professional under this chapter and rules adopted under	35828
it.	35829

(3) A certified professional shall not falsify or permit	35830
misrepresentation of ~~his~~the certified professional's or ~~his~~the	35831
certified professional's associates' academic or professional	35832
qualifications. HeThe certified professional shall not	35833
misrepresent or exaggerate ~~his~~the certified professional's degree	35834
of responsibility in or for the subject matter of prior	35835
assignments.	35836

(4) Brochures or other presentations incident to the	35837
solicitation of employment by a certified professional shall not	35838
misrepresent pertinent facts concerning ~~his~~the certified	35839
professional's employers, employees, associates, or joint	35840
ventures, or ~~his or their~~the past accomplishments of any of them,	35841
with the intent and purpose of enhancing ~~his~~the certified	35842
professional's qualifications for ~~his~~the certified professional's	35843
work.	35844

(F)(1) A certified professional shall not sign or seal	35845
professional work for which hethe certified professional does not	35846
have personal professional knowledge and direct supervisory	35847
control and responsibility.	35848

(2) A certified professional shall not knowingly associate	35849
with, or permit the use of ~~his~~the certified professional's own	35850
name or ~~his firm's~~the name of the certified professional's firm	35851
in, a business venture by any person or firm that hethe certified	35852
professional knows, or has reason to believe, is engaging in	35853
business or professional practices of a fraudulent or dishonest	35854
nature.	35855

(3) If a certified professional has knowledge or reason to	35856
believe that another person or firm has violated any of the	35857
provisions of this chapter or any requirement of this section, he	35858
the certified professional shall present the information to the	35859
director in writing.	35860

(G) The director, in accordance with ~~Chapter 3745.~~rules	35861
adopted under section 3746.04 of the Revised Code, may suspend for	35862
a period of not more than five years or permanently revoke a	35863
certified professional's certification for a violation of or	35864
failure to comply with any requirement or obligation set forth in	35865
this section.	35866

Sec. 3748.07. (A) Every facility that proposes to handle	35867
radioactive material or radiation-generating equipment for which	35868
licensure or registration, respectively, by its handler is	35869
required shall apply in writing to the director of health on forms	35870
prescribed and provided by the director for licensure or	35871
registration. Terms and conditions of licenses and certificates of	35872
registration may be amended in accordance with rules adopted under	35873
section 3748.04 of the Revised Code or orders issued by the	35874
director pursuant to section 3748.05 of the Revised Code.	35875

(B) Until rules are adopted under section 3748.04 of the	35876
Revised Code, an application for a certificate of registration	35877
shall be accompanied by a biennial registration fee of two hundred	35878
eighteen dollars. On and after the effective date of those rules,	35879
an applicant for a license, registration certificate, or renewal	35880
of either shall pay the appropriate fee established in those	35881
rules.	35882

All fees collected under this section shall be deposited in	35883
the state treasury to the credit of the general operations fund	35884
created in section 3701.83 of the Revised Code. The fees shall be	35885
used solely to administer and enforce this chapter and rules	35886
adopted under it.	35887

Any fee required under this section that has not been paid	35888
within ninety days after the invoice date shall be assessed at two	35889
times the original invoiced fee. Any fee that has not been paid	35890
within one hundred eighty days after the invoice date shall be	35891
assessed at five times the original invoiced fee.	35892

(C) The director shall grant a license or registration to any	35893
applicant who has paid the required fee and is in compliance with	35894
this chapter and rules adopted under it.	35895

Until rules are adopted under section 3748.04 of the Revised	35896
Code, certificates of registration shall be effective for two	35897
years from the date of issuance. On and after the effective date	35898
of those rules, licenses and certificates of registration shall be	35899
effective for the applicable period established in those rules.	35900
Licenses and certificates of registration shall be renewed in	35901
accordance with the standard renewal procedure established in	35902
Chapter 4745. of the Revised Code.	35903

Sec. 3748.13. (A) The director of health shall inspect	35904
sources of radiation for which licensure or registration by the	35905
handler is required, and the sources' shielding and surroundings,	35906
according to the schedule established in rules adopted under	35907
division (D) of section 3748.04 of the Revised Code. In accordance	35908
with rules adopted under that section, the director shall inspect	35909
all records and operating procedures of handlers that install	35910
sources of radiation and all sources of radiation for which	35911
licensure of radioactive material or registration of	35912
radiation-generating equipment by the handler is required. The	35913
director may make other inspections upon receiving complaints or	35914
other evidence of violation of this chapter or rules adopted under	35915
it.	35916

The director shall require any hospital registered under	35917
division (A) of section 3701.07 of the Revised Code to develop and	35918
maintain a quality assurance program for all sources of	35919
radiation-generating equipment. A certified radiation expert shall	35920
conduct oversight and maintenance of the program and shall file a	35921
report of audits of the program with the director on forms	35922
prescribed by the director. The audit reports shall become part of	35923
the inspection record.	35924

(B) Until rules are adopted under division (A)(8) of section	35925
3748.04 of the Revised Code, a facility shall pay inspection fees	35926
according to the following schedule and categories:	35927

First dental x-ray tube	$ ~~118.00~~ 129.00	35928
Each additional dental x-ray tube at the same location	$ ~~59.00~~ 64.00	35929
First medical x-ray tube	$ ~~235.00~~ 256.00	35930
Each additional medical x-ray tube at the same location	$ ~~125.00~~ 136.00	35931
Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak	$ ~~466.00~~ 508.00	35932
First nonionizing radiation-generating equipment of any kind	$ ~~235.00~~ 256.00	35933
Each additional nonionizing radiation-generating equipment of any kind at the same location	$ ~~125.00~~ 136.00	35934
Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation	$ ~~291.00~~ 317.00	35935

Until rules are adopted under division (A)(8) of section	35936
3748.04 of the Revised Code, the fee for an inspection to	35937
determine whether violations cited in a previous inspection have	35938
been corrected is fifty per cent of the fee applicable under the	35939
schedule in this division. Until those rules are adopted, the fee	35940
for the inspection of a facility that is not licensed or	35941
registered and for which no license or registration application is	35942
pending at the time of inspection is three hundred ~~sixty-three~~	35943
ninety-five dollars plus the fee applicable under the schedule in	35944
this division.	35945

The director may conduct a review of shielding plans or the	35946
adequacy of shielding on the request of a licensee or registrant	35947
or an applicant for licensure or registration or during an	35948
inspection when the director considers a review to be necessary.	35949
Until rules are adopted under division (A)(8) of section 3748.04	35950
of the Revised Code, the fee for the review is ~~five~~six hundred	35951
~~eighty-three~~thirty-five dollars for each room where a source of	35952
radiation is used and is in addition to any other fee applicable	35953
under the schedule in this division.	35954

All fees shall be paid to the department of health no later	35955
than thirty days after the invoice for the fee is mailed. Fees	35956
shall be deposited in the general operations fund created in	35957
section 3701.83 of the Revised Code. The fees shall be used solely	35958
to administer and enforce this chapter and rules adopted under it.	35959

Any fee required under this section that has not been paid	35960
within ninety days after the invoice date shall be assessed at two	35961
times the original invoiced fee. Any fee that has not been paid	35962
within one hundred eighty days after the invoice date shall be	35963
assessed at five times the original invoiced fee.	35964

(C) If the director determines that a board of health of a	35965
city or general health district is qualified to conduct	35966
inspections of radiation-generating equipment, the director may	35967
delegate to the board, by contract, the authority to conduct such	35968
inspections. In making a determination of the qualifications of a	35969
board of health to conduct those inspections, the director shall	35970
evaluate the credentials of the individuals who are to conduct the	35971
inspections of radiation-generating equipment and the radiation	35972
detection and measuring equipment available to them for that	35973
purpose. If a contract is entered into, the board shall have the	35974
same authority to make inspections of radiation-generating	35975
equipment as the director has under this chapter and rules adopted	35976
under it. The contract shall stipulate that only individuals	35977
approved by the director as qualified shall be permitted to	35978
inspect radiation-generating equipment under the contract's	35979
provisions. The contract shall provide for such compensation for	35980
services as is agreed to by the director and the board of health	35981
of the contracting health district. The director may reevaluate	35982
the credentials of the inspection personnel and their radiation	35983
detecting and measuring equipment as often as the director	35984
considers necessary and may terminate any contract with the board	35985
of health of any health district that, in the director's opinion,	35986
is not satisfactorily performing the terms of the contract.	35987

(D) The director may enter at all reasonable times upon any	35988
public or private property to determine compliance with this	35989
chapter and rules adopted under it.	35990

Sec. 3770.061. There is hereby created in the state treasury	35991
the charitable gaming oversight fund. The state lottery commission	35992
shall credit to the fund any money it receives from the office of	35993
the attorney general under any agreement the commission and the	35994
office have entered into under division (I) of section 2915.08 of	35995
the Revised Code. The commission shall use money in the fund to	35996
provide oversight, licensing, and monitoring of charitable gaming	35997
activities in this state in accordance with the agreement and	35998
Chapter 2915. of the Revised Code. Not later than the first day of	35999
July of each fiscal year, or as soon as possible thereafter, the	36000
commission may certify to the office of budget and management any	36001
unobligated fund balances not necessary to be used under this	36002
section. The commission may request the office of budget and	36003
management to transfer these balances to the lottery profits	36004
education fund for use in accordance with section 3770.06 of the	36005
Revised Code.	36006

Sec. 3773.34. (A) The Ohio athletic commission shall adopt	36007
and may amend or rescind rules in accordance with Chapter 119. of	36008
the Revised Code, prescribing the conditions under which prize	36009
fights and public boxing or wrestling matches or exhibitions may	36010
be conducted, classifying professional boxers by weight, and	36011
providing for the administration of sections 3773.31 to 3773.57 of	36012
the Revised Code. The rules may require that an applicant for a	36013
contestant's license to participate in a public boxing match or	36014
exhibition take an HIV test, as defined in section 3701.24 of the	36015
Revised Code, before being issued the contestant's license and may	36016
require that a licensed contestant take such an HIV test before	36017
participating in a public boxing match or exhibition. The	36018
commission, or the commission's executive director when authorized	36019
by the commission, may issue, deny, suspend, or revoke permits to	36020
hold prize fights and public boxing or wrestling matches or	36021
exhibitions~~, and~~. The commission may issue, deny, suspend, or	36022
revoke licenses to persons engaged in any public boxing match or	36023
exhibition as authorized by sections 3773.31 to 3773.57 of the	36024
Revised Code.	36025

(B) In addition to the duties set forth in this chapter, the	36026
Ohio athletic commission shall take action as necessary to carry	36027
out the provisions of Chapter 4771. of the Revised Code governing	36028
athlete agents.	36029

(C) On or before the thirty-first day of December of each	36030
year, the commission shall make a report to the governor of its	36031
proceedings for the year ending on the first day of December of	36032
that calendar year, and may include in the report any	36033
recommendations pertaining to its duties.	36034

Sec. 3773.38. Each person who holds a promoter's license	36035
issued under section 3773.36 of the Revised Code who desires to	36036
conduct a public boxing or wrestling match or exhibition where one	36037
or more contests are to be held shall obtain a permit from the	36038
Ohio athletic commission or the commission's executive director	36039
when the executive director is authorized by the commission to	36040
issue those types of permits. Application for such a permit shall	36041
be made in writing and on forms prescribed by the commission,	36042
shall be filed with the commission, and shall be accompanied by	36043
the permit fee prescribed in section 3773.43 of the Revised Code.	36044

The application for a permit issued under this section shall	36045
include the date and starting time of the match or exhibition, the	36046
address of the place where the match or exhibition is to be held,	36047
the names of the contestants, the seating capacity of the building	36048
or hall where the exhibition is to be held, the admission charge	36049
or any other charges, the amount of compensation or the percentage	36050
of gate receipts to be paid to each contestant, the name and	36051
address of the applicant, a copy of the current official rules	36052
that govern the particular sport, and the serial number of the	36053
applicant's promoter's license.	36054

The commission, or the commission's executive director when	36055
authorized by the commission, may require the applicant to deposit	36056
with the commission before a public boxing match or exhibition a	36057
cash bond, certified check, bank draft, or surety bond in an	36058
amount equal to five per cent of the estimated gross receipts from	36059
the match or exhibition.	36060

Sec. 3773.39. (A) Upon receipt of an application for a	36061
permit to hold a public boxing or wrestling match or exhibition	36062
under section 3773.38 of the Revised Code, the Ohio athletic	36063
commission, or the commission's executive director when authorized	36064
by the commission, shall determine if the applicant holds a valid	36065
promoter's license issued pursuant to section 3773.36 of the	36066
Revised Code. Upon receipt of an application for a permit to hold	36067
a public boxing match or exhibition, the commission, or the	36068
commission's executive director when authorized by the commission,	36069
also shall determine if the contestants are evenly and fairly	36070
matched according to skill, experience, and weight so as to	36071
produce a fair and sportsmanlike contest, and whether the	36072
applicant is financially responsible and is able to pay to each	36073
contestant the compensation or percentage of the gate receipts	36074
named in the application. The commission, or the commission's	36075
executive director when authorized by the commission, may, if	36076
applicable, require the applicant to deposit with it within	36077
forty-eight hours before the match or exhibition the total	36078
compensation or estimated portion of gate receipts to be paid all	36079
contestants named in the application made under section 3773.38 of	36080
the Revised Code.	36081

(B) If the commission, or the commission's executive director	36082
when authorized by the commission, determines that the applicant	36083
has met all the requirements specified in division (A) of this	36084
section, itthe commission or executive director shall issue the	36085
applicant a permit to conduct the match or exhibition. If the	36086
applicant fails to deposit any compensation or portion of gate	36087
receipts required by the commission, or executive director before	36088
the first contest of the match or exhibition is held, the	36089
commission, or the commission's executive director when authorized	36090
by the commission, may revoke the permit and order the applicant	36091
not to conduct the match or exhibition described in the permit.	36092

(C) Each permit issued pursuant to this section shall bear	36093
the name and post office address of the applicant, the address of	36094
the place where the public boxing or wrestling match or exhibition	36095
is to be held, the date and starting time of the match or	36096
exhibition, and a serial number designated by the commission.	36097

A permit issued under this section shall allow the permit	36098
holder to conduct only the match or exhibition named in the	36099
permit. A permit is not transferable.	36100

Sec. 3773.40. No person who holds a promoter's license to	36101
conduct a public boxing match or exhibition under section 3773.36	36102
of the Revised Code shall:	36103

(A) Hold any match or exhibition at any time or place other	36104
than that stated on a permit issued under section 3773.38 of the	36105
Revised Code;	36106

(B) Allow any contestant to participate in the match or	36107
exhibition unless the contestant is the licensed contestant named	36108
in the application for such permit or a licensed contestant	36109
authorized to compete as a substitute for such a contestant by the	36110
inspector assigned to the facility where the match or exhibition	36111
is held for that match or exhibition;	36112

(C) Charge a higher admission price for a match or exhibition	36113
than that stated in the application;	36114

(D) Pay a greater compensation or percentage of the gate	36115
receipts to any contestant than that stated in the application.	36116

The Ohio athletic commission, or the commission's executive	36117
director when authorized by the commission, upon application by a	36118
holder of a permit under section 3773.38 of the Revised Code, may	36119
allow the permit holder to hold the match or exhibition for which	36120
the permit was issued at an alternative site that is within the	36121
same municipal corporation or township and that offers	36122
substantially similar seating facilities, or allow the permit	36123
holder to substitute contestants or seconds, provided that the	36124
substitute contestants are evenly matched with their opponents in	36125
skill, experience, and weight.	36126

Sec. 3773.57. The Ohio athletic commission and the	36127
commission's executive director shall not issue a license or	36128
permit to conduct public boxing or wrestling matches or	36129
exhibitions in a municipal corporation or the unincorporated	36130
portion of a township if the commission or the commission's	36131
executive director determines that the legislative authority of	36132
the municipal corporation or board of township trustees has in	36133
effect an ordinance or resolution prohibiting such matches or	36134
exhibitions.	36135

Sec. 3793.09. (A) There is hereby created the council on	36136
alcohol and drug addiction services which shall consist of the	36137
public officials specified in division (B) of this section, or	36138
their designees, and thirteen members appointed by the governor	36139
with the advice and consent of the senate. The members appointed	36140
by the governor shall be representatives of the following: boards	36141
of alcohol, drug addiction, and mental health services; the	36142
criminal and juvenile justice systems; and alcohol and drug	36143
addiction programs. At least four of the appointed members shall	36144
be persons who have received or are receiving alcohol or drug	36145
addiction services or are parents or other relatives of such	36146
persons; of these at least two shall be women and at least one	36147
shall be a member of a minority group.	36148

The governor shall make initial appointments to the council	36149
not later than thirty days after October 10, 1989. Of the initial	36150
appointments, six shall be for terms ending July 31, 1991, and	36151
seven shall be for terms ending July 31, 1992. Thereafter, terms	36152
of office shall be two years, with each term ending on the same	36153
day of the same month as the term it succeeds. Each member shall	36154
hold office from the date of the member's appointment until the	36155
end of the term for which the member was appointed. Members may be	36156
reappointed. Vacancies shall be filled in the same manner as	36157
original appointments. Any member appointed to fill a vacancy	36158
occurring prior to the expiration of the term for which the	36159
member's predecessor was appointed shall hold office as a member	36160
for the remainder of the term. A member shall continue in office	36161
subsequent to the expiration of the member's term until the	36162
member's successor takes office or until a period of sixty days	36163
has elapsed, whichever occurs first.	36164

(B) The directors of health, public safety, mental health,	36165
rehabilitation and correction, and youth services; the	36166
superintendents of public instruction and liquor control; the	36167
attorney general; the adjutant general; and the executive director	36168
of the ~~office~~division of criminal justice services in the	36169
department of public safety shall be voting members of the	36170
council, except that any of these officials may designate an	36171
individual to serve in the official's place as a voting member of	36172
the council. The director of alcohol and drug addiction services	36173
shall serve as a nonvoting member of the council.	36174

(C) The governor shall annually appoint a ~~chairman~~	36175
chairperson from among the members of the council. The council	36176
shall meet quarterly and at other times the ~~chairman~~chairperson	36177
considers necessary. In addition to other duties specified in this	36178
chapter, the council shall review the development of the	36179
comprehensive statewide plan for alcohol and drug addiction	36180
services, revisions of the plan, and other actions taken to	36181
implement the purposes of this chapter by the department of	36182
alcohol and drug addiction services and shall act as an advisory	36183
council to the director of alcohol and drug addiction services.	36184

(D) Members of the council shall serve without compensation,	36185
but shall be paid actual and necessary expenses incurred in the	36186
performance of their duties.	36187

Sec. 3901.021. (A) Three-fourths of all appointment and	36188
other fees collected under section 3905.10,and division (B) of	36189
section 3905.20~~, and division (A)(6) of section 3905.40~~ of the	36190
Revised Code shall be paid into the state treasury to the credit	36191
of the department of insurance operating fund, which is hereby	36192
created. The remaining one-fourth shall be credited to the general	36193
revenue fund. ~~All~~Other revenues collected by the superintendent	36194
of insurance, such as registration fees for sponsored seminars or	36195
conferences and grants from private entities, shall be paid into	36196
the state treasury to the credit of the department of insurance	36197
operating fund.	36198

(B) Seven-tenths of all fees collected under divisions	36199
(A)(2), (A)(3), and (A)(6) of section 3905.40 of the Revised Code	36200
shall be paid into the state treasury to the credit of the	36201
department of insurance operating fund. The remaining three-tenths	36202
shall be credited to the general revenue fund.	36203

(C) All operating expenses of the department of insurance	36204
except those expenses defined under section 3901.07 of the Revised	36205
Code shall be paid from the department of insurance operating	36206
fund.	36207

Sec. 3901.17. (A) As used in this section:

36208

(1) "Insurer" includes, but is not limited to, any person	36209
that is an affiliate of or affiliated with the insurer, as defined	36210
in division (A) of section 3901.32 of the Revised Code, and any	36211
person that is a subsidiary of the insurer as defined in division	36212
(F) of section 3901.32 of the Revised Code.	36213

(2) "Laws of this state relating to insurance" has the	36214
meaning defined in division (A)(1) of section 3901.04 of the	36215
Revised Code.	36216

(3) "Person" has the meaning defined in division (A) of	36217
section 3901.19 of the Revised Code.	36218

(B) Any of the following acts in this state, effected by mail	36219
or otherwise, by any foreign or alien insurer not authorized to	36220
transact business within this state, any nonresident person acting	36221
on behalf of an insurer, or any nonresident insurance agent	36222
subjects the insurer, person, or agent to the exercise of personal	36223
jurisdiction over the insurer, person, or agent to the extent	36224
permitted by the constitutions of this state and of the United	36225
States:	36226

(1) Issuing or delivering contracts of insurance to residents	36227
of this state or to corporations authorized to do business	36228
therein;	36229

(2) Making or proposing to make any insurance contracts;

36230

(3) Soliciting, taking, or receiving any application for	36231
insurance;	36232

(4) Receiving or collecting any premium, commission,	36233
membership fee, assessment, dues, or other consideration for any	36234
insurance contract or any part thereof;	36235

(5) Disseminating information as to coverage or rates,	36236
forwarding applications, inspecting risks, fixing rates,	36237
investigating or adjusting claims or losses, transacting any	36238
matters subsequent to effecting a contract of insurance and	36239
arising out of it;	36240

(6) Doing any kind of business recognized as constituting the	36241
doing of an insurance business under Title XXXIX of the Revised	36242
Code or subject to regulation by the superintendent of insurance	36243
under the laws of this state relating to insurance.	36244

Any such act shall be considered to be the doing of an	36245
insurance business in this state by such insurer, person, or agent	36246
and shall be its agreement that service of any lawful subpoena,	36247
notice, order, or process is of the same legal force and validity	36248
as personal service of the subpoena, notice, order, or process in	36249
this state upon the insurer, person, or agent.	36250

(C) Service of process in judicial proceedings shall be as	36251
provided by the Rules of Civil Procedure. Service in or out of	36252
this state of notice, orders, or subpoenas in administrative	36253
proceedings before the superintendent shall be as provided in	36254
section 3901.04 of the Revised Code.	36255

(D) Service of any notice, order, subpoena, or process in any	36256
such action, suit, or proceeding shall, in addition to the manner	36257
provided in division (C) of this section, be valid if served upon	36258
any person within this state who, in this state on behalf of such	36259
insurer, person, or agent is or has been:	36260

(1) Soliciting, procuring, effecting, or negotiating for	36261
insurance;	36262

(2) Making, issuing, or delivering any contract of insurance;

36263

(3) Collecting or receiving any premium, membership fees,	36264
assessment, dues, or other consideration for insurance;	36265

(4) Disseminating information as to coverage or rates,	36266
forwarding applications, inspecting risks, fixing rates,	36267
investigating or adjusting claims or losses, or transacting any	36268
matters subsequent to effecting a contract of insurance and	36269
arising out of it.	36270

(E) Nothing in this section shall limit or abridge the right	36271
to serve any subpoena, order, process, notice, or demand upon any	36272
insurer, person, or agent in any other manner permitted by law.	36273

(F) Every person investigating or adjusting any loss or claim	36274
under a policy of insurance not excepted under division (I) of	36275
this section and issued by any such insurer and covering a subject	36276
of insurance that was resident, located, or to be performed in	36277
this state at the time of issuance shall immediately report the	36278
policy to the superintendent.	36279

(G) Each such insurer that does any of the acts set forth in	36280
division (B) of this section in this state by mail or otherwise	36281
shall be subject to a tax of five per cent on the gross premiums,	36282
membership fees, assessments, dues, and other considerations	36283
received on all contracts of insurance covering subjects of	36284
insurance resident, located, or to be performed within this state.	36285
Such insurer shall annually, on or before the first day of July,	36286
pay such tax to the treasurer of state, as calculated on a form	36287
prescribed by the treasurer of state. If the tax is not paid when	36288
due, the tax shall be increased by a penalty of twenty-five per	36289
cent. An interest charge computed as set forth in section 5725.221	36290
of the Revised Code shall be made on the entire sum of the tax	36291
plus penalty, which interest shall be computed from the date the	36292
tax is due until it is paid. The treasurer of state shall	36293
determine and report all claims for penalties and interest	36294
accruing under this section to the attorney general for	36295
collection.	36296

For purposes of this division, payment is considered made	36297
when it is received by the treasurer of state, irrespective of any	36298
United States postal service marking or other stamp or mark	36299
indicating the date on which the payment may have been mailed.	36300

(H) No contract of insurance effected in this state by mail	36301
or otherwise by any such insurer is enforceable by the insurer.	36302

(I) This section does not apply to:

36303

(1) Insurance obtained pursuant to sections 3905.30 to	36304
3905.36 of the Revised Code;	36305

(2) The transaction of reinsurance by insurers;

36306

(3) Transactions in this state involving a policy solicited,	36307
written, and delivered outside this state covering only subjects	36308
of insurance not resident, located, or to be performed in this	36309
state at the time of issuance, provided such transactions are	36310
subsequent to the issuance of the policy;	36311

(4) Transactions in this state involving a policy of group	36312
life or group accident and sickness insurance solicited, written,	36313
and delivered outside this state;	36314

(5) Transactions involving contracts of insurance	36315
independently procured through negotiations occurring entirely	36316
outside this state which are reported to the superintendent and	36317
with respect to which the tax provided by section 3905.36 of the	36318
Revised Code is paid;	36319

(6) An attorney at law acting on behalf of the attorney's	36320
clients in the adjustment of claims or losses;	36321

(7) ~~Any~~Except as provided in division (G) of this section,	36322
any insurance company underwriter issuing contracts of insurance	36323
to employer insureds or contracts of insurance issued to an	36324
employer insured. For purposes of this section, an "employer	36325
insured" is an insured to whom all of the following apply:	36326

(a) The insured procures the insurance of any risk or risks	36327
by use of the services of a full-time employee acting as an	36328
insurance manager or buyer or the services of a regularly and	36329
continuously qualified insurance consultant. As used in division	36330
(I)(7)(a) of this section, a "regularly and continuously qualified	36331
insurance consultant" does not include any person licensed under	36332
Chapter 3905. of the Revised Code.	36333

(b) The insured's aggregate annual premiums for insurance on	36334
all risks total at least twenty-five thousand dollars; and	36335

36336

(8) Ocean marine insurance.

36337

Sec. 3901.78. ~~Upon the filing of each of its annual~~	36338
~~statements, or as soon thereafter as practicable, the~~	36339
~~superintendent of insurance shall issue to each insurance company~~	36340
~~or association authorized to do business in this state but not~~	36341
~~incorporated under the laws of this state a certificate of~~	36342
~~compliance, an original of which must be published in accordance~~	36343
~~with section 3901.781 of the Revised Code in every county where~~	36344
~~the insurance company or association has an agency.~~ Upon request	36345
or in any other circumstance that the superintendent of insurance	36346
determines to be appropriate, the superintendent may issue ~~other~~	36347
certificates of compliance~~, which certificates are not subject to~~	36348
~~section 3901.781 of the Revised Code,~~ to insurance companies and	36349
associations authorized to do business in this state~~. Certificates~~	36350
~~of compliance either must~~, which shall be on either forms	36351
established by the national association of insurance commissioners	36352
or on such other forms as the superintendent may prescribe.	36353

Sec. 3903.14. (A) The superintendent of insurance as	36354
rehabilitator may appoint one or more special deputies, who shall	36355
have all the powers and responsibilities of the rehabilitator	36356
granted under this section, and the superintendent may employ such	36357
clerks and assistants as considered necessary. The compensation of	36358
the special deputies, clerks, and assistants and all expenses of	36359
taking possession of the insurer and of conducting the proceedings	36360
shall be fixed by the superintendent, with the approval of the	36361
court and shall be paid out of the funds or assets of the insurer.	36362
The persons appointed under this section shall serve at the	36363
pleasure of the superintendent. In the event that the property of	36364
the insurer does not contain sufficient cash or liquid assets to	36365
defray the costs incurred, the superintendent may advance the	36366
costs so incurred out of any appropriation for the maintenance of	36367
the department of insurance. Any amounts so advanced for expenses	36368
of administration shall be repaid to the superintendent for the	36369
use of the department out of the first available money of the	36370
insurer.	36371

(B) The rehabilitator may take such action as hethe	36372
rehabilitator considers necessary or appropriate to reform and	36373
revitalize the insurer. HeThe rehabilitator shall have all the	36374
powers of the directors, officers, and managers, whose authority	36375
shall be suspended, except as they are redelegated by the	36376
rehabilitator. HeThe rehabilitator shall have full power to	36377
direct and manage, to hire and discharge employees subject to any	36378
contract rights they may have, and to deal with the property and	36379
business of the insurer.	36380

(C) If it appears to the rehabilitator that there has been	36381
criminal or tortious conduct, or breach of any contractual or	36382
fiduciary obligation detrimental to the insurer by any officer,	36383
manager, agent, director, trustee, broker, employee, or other	36384
person, hethe rehabilitator may pursue all appropriate legal	36385
remedies on behalf of the insurer.	36386

(D) If the rehabilitator determines that reorganization,	36387
consolidation, conversion, reinsurance, merger, or other	36388
transformation of the insurer is appropriate, hethe rehabilitator	36389
shall prepare a plan to effect such changes. Upon application of	36390
the rehabilitator for approval of the plan, and after such notice	36391
and hearings as the court may prescribe, the court may either	36392
approve or disapprove the plan proposed, or may modify it and	36393
approve it as modified. Any plan approved under this section shall	36394
be, in the judgment of the court, fair and equitable to all	36395
parties concerned. If the plan is approved, the rehabilitator	36396
shall carry out the plan. In the case of a life insurer, the plan	36397
proposed may include the imposition of liens upon the policies of	36398
the company, if all rights of shareholders are first relinquished.	36399
A plan for a life insurer may also propose imposition of a	36400
moratorium upon loan and cash surrender rights under policies, for	36401
such period and to such an extent as may be necessary.	36402

(E) In the case of a medicaid health insuring corporation	36403
that has posted a bond or deposited securities in accordance with	36404
section 1751.271 of the Revised Code, the plan proposed under	36405
division (D) of this section may include the use of the proceeds	36406
of the bond or securities to first pay the claims of contracted	36407
providers for covered health care services provided to medicaid	36408
recipients, then next to pay other claimants with any remaining	36409
funds, consistent with the priorities set forth in sections	36410
3903.421 and 3903.42 of the Revised Code.	36411

(F) The rehabilitator shall have the power under sections	36412
3903.26 and 3903.27 of the Revised Code to avoid fraudulent	36413
transfers.	36414

(G) As used in this section:

36415

(1) "Contracted provider" means a provider with a contract	36416
with a medicaid health insuring corporation to provide covered	36417
health care services to medicaid recipients.	36418

(2) "Medicaid recipient" means a person eligible for	36419
assistance under the medicaid program operated pursuant to Chapter	36420
5111. of the Revised Code.	36421

Sec. 3903.421. (A) Notwithstanding section 3903.42 of the	36422
Revised Code, both of the following apply to medicaid health	36423
insuring corporation performance bonds and securities:	36424

(1) Proceeds from the bond issued or securities held pursuant	36425
to section 1751.271 of the Revised Code that have been paid to or	36426
deposited with the department of insurance shall be considered	36427
special deposits for purposes of satisfying claims of contracted	36428
providers for covered health care services provided to medicaid	36429
recipients;	36430

(2) Contracted providers that have claims against a health	36431
insuring corporation for covered health care services provided to	36432
medicaid recipients shall be given first priority against the	36433
proceeds of the bond or securities held pursuant to section	36434
1751.27 of the Revised Code, to the exclusion of other creditors,	36435
except as provided for in this section.	36436

(B) If the amount of the proceeds of the bond or securities	36437
are not sufficient to satisfy all of the allowed claims of	36438
contracted providers for covered health care services provided to	36439
medicaid recipients, payment shall proceed as follows:	36440

(1) Contracted providers shall share in the proceeds of the	36441
bond or securities pro rata based on the allowed amount of the	36442
providers' claims against the health insuring corporation for	36443
covered health care services provided to medicaid recipients;	36444

(2) After payments are made under division (B)(1) of this	36445
section, the net unpaid balance of the claims of contracted	36446
providers shall be allowed for payment from the general assets of	36447
the estate in accordance with the priorities set forth in section	36448
3903.42 of the Revised Code.	36449

(C) If the amount of the proceeds of the bond or securities	36450
exceeds the allowed claims of contracted providers for covered	36451
health care services provided to medicaid recipients, the excess	36452
amount shall be considered a general asset of the health insuring	36453
corporation's estate to be distributed to other claimants in	36454
accordance with the priorities set forth in section 3903.42 of the	36455
Revised Code.	36456

(D) As used in this section:

36457

(1) "Contracted provider" means a provider with a contract	36458
with a medicaid health insuring corporation to provide covered	36459
health care services to medicaid recipients.	36460

(2) "Medicaid recipient" means a person eligible for	36461
assistance under the medicaid program operated pursuant to Chapter	36462
5111. of the Revised Code.	36463

Sec. 3905.04. (A) Except as otherwise provided in section	36464
3905.041 of the Revised Code, a resident individual applying for	36465
an insurance agent license for any of the lines of authority	36466
described in division (B) of this section shall take a written	36467
examination. The examination shall test the knowledge of the	36468
individual with respect to the lines of authority for which	36469
application is made, the duties and responsibilities of an	36470
insurance agent, and the insurance laws of this state. Before	36471
admission to the examination, each individual shall pay the	36472
nonrefundable fee required under division ~~(D)~~(C) of section	36473
3905.40 of the Revised Code.	36474

(B) The examination described in division (A) of this section	36475
shall be required for the following lines of authority:	36476

(1) Any of the lines of authority set forth in divisions	36477
(B)(1) to (6) of section 3905.06 of the Revised Code;	36478

(2) Title insurance;

36479

(3) Surety bail bonds as provided in sections 3905.83 to	36480
3905.95 of the Revised Code;	36481

(4) Any other line of authority designated by the	36482
superintendent of insurance.	36483

(C) An individual shall not be permitted to take the	36484
examination described in division (A) of this section unless one	36485
or both of the following apply:	36486

(1) The individual has earned a bachelor's or associate's	36487
degree in insurance from an accredited institution.	36488

(2) The individual has completed, for each line of authority	36489
for which the individual has applied, twenty hours of study in a	36490
program of insurance education approved by the superintendent, in	36491
consultation with the insurance agent education advisory council,	36492
under criteria established by the superintendent. Division (C) of	36493
this section does not apply with respect to title insurance or any	36494
other line of authority designated by the superintendent.	36495

(D) An individual who fails to appear for an examination as	36496
scheduled, or fails to pass an examination, may reapply for the	36497
examination if the individual pays the required fee and submits	36498
any necessary forms prior to being rescheduled for the	36499
examination.	36500

(E)(1) The superintendent may, in accordance with Chapter	36501
119. of the Revised Code, adopt any rule necessary for the	36502
implementation of this section.	36503

(2) The superintendent may make any necessary arrangements,	36504
including contracting with an outside testing service, for the	36505
administration of the examinations and the collection of the fees	36506
required by this section.	36507

Sec. 3905.36. Every insured association, company,	36508
corporation, or other person that enters, directly or indirectly,	36509
into any agreements with any insurance company, association,	36510
individual, firm, underwriter, or Lloyd, not authorized to do	36511
business in this state, whereby the insured shall procure,	36512
continue, or renew contracts of insurance covering subjects of	36513
insurance resident, located, or to be performed within this state,	36514
with such unauthorized insurance company, association, individual,	36515
firm, underwriter, or Lloyd, for which insurance there is a gross	36516
premium, membership fee, assessment, dues, or other consideration	36517
charged or collected, shall annually, on or before the	36518
thirty-first day of January, return to the superintendent of	36519
insurance a statement under oath showing the name and address of	36520
the insured, name and address of the insurer, subject of the	36521
insurance, general description of the coverage, and amount of	36522
gross premium, fee, assessment, dues, or other consideration for	36523
such insurance for the preceding twelve-month period and shall at	36524
the same time pay to the treasurer of state a tax of five per cent	36525
of such gross premium, fee, assessment, dues, or other	36526
consideration, after a deduction for return premium, if any, as	36527
calculated on a form prescribed by the treasurer of state. All	36528
taxes collected under this section by the treasurer of state shall	36529
be paid into the general revenue fund. If the tax is not paid when	36530
due, the tax shall be increased by a penalty of twenty-five per	36531
cent. An interest charge computed as set forth in section 5725.221	36532
of the Revised Code shall be made on the entire sum of the tax	36533
plus penalty, which interest shall be computed from the date the	36534
tax is due until it is paid. For purposes of this section, payment	36535
is considered made when it is received by the treasurer of state,	36536
irrespective of any United States postal service marking or other	36537
stamp or mark indicating the date on which the payment may have	36538
been mailed. This section does not apply to:	36539

(A) Insurance obtained pursuant to sections 3905.30 to	36540
3905.35 of the Revised Code;	36541

(B) Transactions in this state involving a policy solicited,	36542
written, and delivered outside this state covering only subjects	36543
of insurance not resident, located, or to be performed in this	36544
state at the time of issuance, provided such transactions are	36545
subsequent to the issuance of the policy;	36546

(C) Attorneys-at-law acting on behalf of their clients in the	36547
adjustment of claims or losses;.	36548

~~(D) Any insurance company underwriter issuing contracts of~~	36549
~~insurance to employer insureds or contracts of insurance issued to~~	36550
~~an employer insured. For purposes of this section an "employer~~	36551
~~insured" is an insured:~~	36552

~~(1) Who procures the insurance of any risk or risks by use of~~	36553
~~the services of a full-time employee acting as an insurance~~	36554
~~manager or buyer or the services of a regularly and continuously~~	36555
~~qualified insurance consultant. As used in division (D)(1) of this~~	36556
~~section, a "regularly and continuously qualified insurance~~	36557
~~consultant" does not include any person licensed under Chapter~~	36558
~~3905. of the Revised Code.~~	36559

~~(2) Whose aggregate annual premiums for insurance on all~~	36560
~~risks total at least twenty-five thousand dollars; and~~	36561

~~(3) Who has at least twenty-five full-time employees.~~

36562

Each person licensed under section 3905.30 of the Revised	36563
Code shall pay to the treasurer of state, on or before the	36564
thirty-first day of January of each year, five per cent of the	36565
balance of the gross premiums charged for insurance placed or	36566
procured under the license after a deduction for return premiums,	36567
as reported on a form prescribed by the treasurer of state. The	36568
tax shall be collected from the insured by the surplus line broker	36569
who placed or procured the policy of insurance at the time the	36570
policy is delivered to the insured. No license issued under	36571
section 3905.30 of the Revised Code shall be renewed until payment	36572
is made. If the tax is not paid when due, the tax shall be	36573
increased by a penalty of twenty-five per cent. An interest charge	36574
computed as set forth in section 5725.221 of the Revised Code	36575
shall be made on the entire sum of the tax plus penalty, which	36576
interest shall be computed from the date the tax is due until it	36577
is paid. For purposes of this section, payment is considered made	36578
when it is received by the treasurer of state, irrespective of any	36579
United States postal service marking or other stamp or mark	36580
indicating the date on which the payment may have been mailed.	36581

Sec. 3905.40. There shall be paid to the superintendent of	36582
insurance the following fees:	36583

(A) Each insurance company doing business in this state shall	36584
pay:	36585

(1) For filing a copy of its charter or deed of settlement,	36586
two hundred fifty dollars;	36587

(2) For filing each statement, ~~twenty-five~~one hundred	36588
seventy-five dollars;	36589

(3) For each certificate of authority or license, one hundred	36590
seventy-five, and for each certified copy thereof, five dollars;	36591

(4) For each copy of a paper filed in the superintendent's	36592
office, twenty cents per page;	36593

(5) For issuing certificates of deposits or certified copies	36594
thereof, five dollars for the first certificate or copy and one	36595
dollar for each additional certificate or copy;	36596

(6) For issuing certificates of compliance or certified	36597
copies thereof, ~~twenty~~sixty dollars;	36598

(7) For affixing the seal of office and certifying documents,	36599
other than those enumerated herein, two dollars.	36600

(B) Each domestic life insurance company doing business in	36601
this state shall pay for annual valuation of its policies, one	36602
cent on every one thousand dollars of insurance.	36603

(C) ~~Each foreign insurance company doing business in this~~	36604
~~state shall pay for making and forwarding annually, semiannually,~~	36605
~~and quarterly the interest checks and coupons accruing upon bonds~~	36606
~~and securities deposited, fifty dollars each year on each one~~	36607
~~hundred thousand dollars deposited.~~	36608

~~(D)~~ Each applicant for licensure as an insurance agent shall	36609
pay ten dollars before admission to any examination required by	36610
the superintendent. Such fee shall not be paid by the appointing	36611
insurance company.	36612

~~(E)~~(D) Each domestic mutual life insurance company shall pay	36613
for verifying that any amendment to its articles of incorporation	36614
was regularly adopted, two hundred fifty dollars with each	36615
application for verification. Any such amendment shall be	36616
considered to have been regularly adopted when approved by the	36617
affirmative vote of two-thirds of the policyholders present in	36618
person or by proxy at any annual meeting of policyholders or at a	36619
special meeting of policyholders called for that purpose.	36620

Sec. 3923.27. No policy of sickness and accident insurance	36621
delivered, issued for delivery, or renewed in this state after ~~the~~	36622
~~effective date of this section~~August 26, 1976, including both	36623
individual and group policies, that provides hospitalization	36624
coverage for mental illness shall exclude such coverage for the	36625
reason that the insured is hospitalized in an institution or	36626
facility receiving tax support from the state, any municipal	36627
corporation, county, or joint county board, whether such	36628
institution or facility is deemed charitable or otherwise,	36629
provided the institution or facility or portion thereof is fully	36630
accredited by the joint commission on accreditation of hospitals	36631
or certified under Titles XVIII and XIX of the "Social Security	36632
Act of 1935," 79 Stat. 291, 42 U.S.C.A. 1395, as amended. The	36633
insurance coverage shall provide payment amounting to the lesser	36634
of either the full amount of the statutory charge for the cost of	36635
the services pursuant to ~~division (B)(8) of section 5121.04~~	36636
section 5121.33 of the Revised Code or the benefits payable for	36637
the services under the applicable insurance policy. Insurance	36638
benefits for the coverage shall be paid so long as patients and	36639
their liable relatives retain their statutory liability pursuant	36640
to ~~the requirements of sections 5121.01 to 5121.10~~section 5121.33	36641
of the Revised Code. Only that portion or per cent of the benefits	36642
shall be payable that has been assigned, or ordered to be paid, to	36643
the state or other appropriate provider for services rendered by	36644
the institution or facility.	36645

Sec. 4112.12. (A) There is hereby created the commission on	36646
African-American males, which shall consist of not more than	36647
forty-one members as follows: the directors or their designees of	36648
the departments of health, development, alcohol and drug addiction	36649
services, job and family services, rehabilitation and correction,	36650
mental health, and youth services; the adjutant general or the	36651
adjutant general's designee; the equal employment opportunity	36652
officer of the department of administrative services or the equal	36653
employment opportunity officer's designee; the executive director	36654
or the executive director's designee of the Ohio civil rights	36655
commission; the executive director or the executive director's	36656
designee of the ~~office~~division of criminal justice services in	36657
the department of public safety; the superintendent of public	36658
instruction; the chancellor or the chancellor's designee of the	36659
Ohio board of regents; two members of the house of representatives	36660
appointed by the speaker of the house of representatives; three	36661
members of the senate appointed by the president of the senate;	36662
and not more than twenty-three members appointed by the governor.	36663
The members appointed by the governor shall include an additional	36664
member of the governor's cabinet and at least one representative	36665
of each of the following: the national association for the	36666
advancement of colored people; the urban league; an organization	36667
representing black elected officials; an organization representing	36668
black attorneys; the black religious community; the black business	36669
community; the nonminority business community; and organized	36670
labor; at least one black medical doctor, one black elected member	36671
of a school board, and one black educator; and at least two	36672
representatives of local private industry councils. The remaining	36673
members that may be appointed by the governor shall be selected	36674
from elected officials, civic and community leaders, and	36675
representatives of the employment, criminal justice, education,	36676
and health communities.	36677

(B) Terms of office shall be for three years, with each term	36678
ending on the same day of the same month as did the term that it	36679
succeeds. Each member shall hold office from the date of	36680
appointment until the end of the term for which the member was	36681
appointed. Members may be reappointed. Vacancies shall be filled	36682
in the manner provided for original appointments. Any member	36683
appointed to fill a vacancy occurring prior to the expiration date	36684
of the term for which the member's predecessor was appointed shall	36685
hold office as a member for the remainder of that term. A member	36686
shall continue in office subsequent to the expiration date of the	36687
member's term until the member's successor takes office or until a	36688
period of sixty days has elapsed, whichever occurs first.	36689

The commission annually shall elect a chairperson from among	36690
its members.	36691

(C) Members of the commission and members of subcommittees	36692
appointed under division (B) of section 4112.13 of the Revised	36693
Code shall not be compensated, but shall be reimbursed for their	36694
necessary and actual expenses incurred in the performance of their	36695
official duties.	36696

(D)(1) The Ohio civil rights commission shall serve as the	36697
commission on African-American males' fiscal agent and shall	36698
perform all of the following services:	36699

(a) Prepare and process payroll and other personnel documents	36700
that the commission on African-American males approves;	36701

(b) Maintain ledgers of accounts and reports of account	36702
balances, and monitor budgets and allotment plans in consultation	36703
with the commission on African-American males;	36704

(c) Perform other routine support services that the executive	36705
director of the Ohio civil rights commission or the executive	36706
director's designee and the Commission on African-American males	36707
or its designee consider appropriate to achieve efficiency.	36708

(2) The Ohio civil rights commission shall not approve any	36709
payroll or other personnel-related documents or any biennial	36710
budget, grant, expenditure, audit, or fiscal-related document	36711
without the advice and consent of the commission on	36712
African-American males.	36713

(3) The Ohio civil rights commission shall determine fees to	36714
be charged to the commission on African-American males for	36715
services performed under this division, which shall be in	36716
proportion to the services performed for the commission on	36717
African-American males.	36718

(4) The commission on African-American males or its designee	36719
has:	36720

(a) Sole authority to draw funds for any federal program in	36721
which the commission is authorized to participate;	36722

(b) Sole authority to expend funds from accounts for programs	36723
and any other necessary expenses the commission on	36724
African-American males may incur;	36725

(c) The duty to cooperate with the Ohio civil rights	36726
commission to ensure that the Ohio civil rights commission is	36727
fully apprised of all financial transactions.	36728

(E) The commission on African-American males shall appoint an	36729
executive director, who shall be in the unclassified civil	36730
service. The executive director shall supervise the commission's	36731
activities and report to the commission on the progress of those	36732
activities. The executive director shall do all things necessary	36733
for the efficient and effective implementation of the duties of	36734
the commission.	36735

The responsibilities assigned to the executive director do	36736
not relieve the members of the commission from final	36737
responsibility for the proper performance of the requirements of	36738
this division.	36739

(F) The commission on African-American males shall:

36740

(1) Employ, promote, supervise, and remove all employees, as	36741
needed, in connection with the performance of its duties under	36742
this section;	36743

(2) Maintain its office in Columbus;

36744

(3) Acquire facilities, equipment, and supplies necessary to	36745
house the commission, its employees, and files and records under	36746
its control, and to discharge any duty imposed upon it by law. The	36747
expense of these acquisitions shall be audited and paid for in the	36748
same manner as other state expenses.	36749

(4) Prepare and submit to the office of budget and management	36750
a budget for each biennium in accordance with sections 101.55 and	36751
107.03 of the Revised Code. The budget submitted shall cover the	36752
costs of the commission and its staff in the discharge of any duty	36753
imposed upon the commission by law. The commission shall pay its	36754
own payroll and other operating expenses from appropriation items	36755
designated by the general assembly. The commission shall not	36756
delegate any authority to obligate funds.	36757

(5) Establish the overall policy and management of the	36758
commission in accordance with this chapter;	36759

(6) Follow all state procurement requirements;

36760

(7) Pay fees owed to the Ohio civil rights commission under	36761
division (D) of this section from the commission on	36762
African-American males' general revenue fund or from any other	36763
fund from which the operating expenses of the commission on	36764
African-American males are paid. Any amounts set aside for a	36765
fiscal year for the payment of such fees shall be used only for	36766
the services performed for the commission on African-American	36767
males by the Ohio civil rights commission in that fiscal year.	36768

(G) The commission on African-American males may:

36769

(1) Hold sessions at any place within the state;

36770

(2) Establish, change, or abolish positions, and assign and	36771
reassign duties and responsibilities of any employee of the	36772
commission on African-American males as necessary to achieve the	36773
most efficient performance of its functions.	36774

Sec. 4117.03. (A) Public employees have the right to:

36775

(1) Form, join, assist, or participate in, or refrain from	36776
forming, joining, assisting, or participating in, except as	36777
otherwise provided in Chapter 4117. of the Revised Code, any	36778
employee organization of their own choosing;	36779

(2) Engage in other concerted activities for the purpose of	36780
collective bargaining or other mutual aid and protection;	36781

(3) Representation by an employee organization;

36782

(4) Bargain collectively with their public employers to	36783
determine wages, hours, terms and other conditions of employment	36784
and the continuation, modification, or deletion of an existing	36785
provision of a collective bargaining agreement, and enter into	36786
collective bargaining agreements;	36787

(5) Present grievances and have them adjusted, without the	36788
intervention of the bargaining representative, as long as the	36789
adjustment is not inconsistent with the terms of the collective	36790
bargaining agreement then in effect and as long as the bargaining	36791
representatives have the opportunity to be present at the	36792
adjustment.	36793

(B) Persons on active duty or acting in any capacity as	36794
members of the organized militia do not have collective bargaining	36795
rights.	36796

(C) Except as provided in division (D) of this section,	36797
nothing in Chapter 4117. of the Revised Code prohibits public	36798
employers from electing to engage in collective bargaining, to	36799
meet and confer, to hold discussions, or to engage in any other	36800
form of collective negotiations with public employees who are not	36801
subject to Chapter 4117. of the Revised Code pursuant to division	36802
(C) of section 4117.01 of the Revised Code.	36803

(D) A public employer shall not engage in collective	36804
bargaining or other forms of collective negotiations with the	36805
employees of county boards of elections referred to in division	36806
(C)(12) of section 4117.01 of the Revised Code.	36807

(E)(1) Employees of public school may bargain collectively	36808
for life and health care benefits; however, all life and health	36809
care benefits shall be provided through school employees health	36810
care board life and medical plans, in accordance with section	36811
9.901 of the Revised Code. If a school district provides its	36812
employees with life or health care benefits pursuant to collective	36813
bargaining, the employees shall be permitted to choose a plan	36814
option from among the school employees health care board plans	36815
agreed to during collective bargaining.	36816

(2) During collective bargaining, employees of public schools	36817
may agree to pay a higher percentage of the premium for life and	36818
health benefit coverage under the plans designed by the school	36819
employees health care board pursuant to section 9.901 of the	36820
Revised Code than the percentage designated as the employees'	36821
contribution level by the board. A collective bargaining	36822
agreement, however, shall not permit the employees to contribute a	36823
lesser percentage of the premium than that set as the employees'	36824
contribution level by the school employees health care board. The	36825
total premium paid by the participating school board to the school	36826
employees health care board for coverage under any of the board's	36827
life and health benefit plans shall not be affected by the	36828
collective bargaining agreement.	36829

Sec. 4117.08. (A) All matters pertaining to wages, hours, or	36830
terms and other conditions of employment and the continuation,	36831
modification, or deletion of an existing provision of a collective	36832
bargaining agreement are subject to collective bargaining between	36833
the public employer and the exclusive representative, except as	36834
otherwise specified in this section and division (E) of section	36835
4117.03 of the Revised Code.	36836

(B) The conduct and grading of civil service examinations,	36837
the rating of candidates, the establishment of eligible lists from	36838
the examinations, and the original appointments from the eligible	36839
lists are not appropriate subjects for collective bargaining.	36840

(C) Unless a public employer agrees otherwise in a collective	36841
bargaining agreement, nothing in Chapter 4117. of the Revised Code	36842
impairs the right and responsibility of each public employer to:	36843

(1) Determine matters of inherent managerial policy which	36844
include, but are not limited to areas of discretion or policy such	36845
as the functions and programs of the public employer, standards of	36846
services, its overall budget, utilization of technology, and	36847
organizational structure;	36848

(2) Direct, supervise, evaluate, or hire employees;

36849

(3) Maintain and improve the efficiency and effectiveness of	36850
governmental operations;	36851

(4) Determine the overall methods, process, means, or	36852
personnel by which governmental operations are to be conducted;	36853

(5) Suspend, discipline, demote, or discharge for just cause,	36854
or lay off, transfer, assign, schedule, promote, or retain	36855
employees;	36856

(6) Determine the adequacy of the work force;

36857

(7) Determine the overall mission of the employer as a unit	36858
of government;	36859

(8) Effectively manage the work force;

36860

(9) Take actions to carry out the mission of the public	36861
employer as a governmental unit.	36862

The employer is not required to bargain on subjects reserved	36863
to the management and direction of the governmental unit except as	36864
affect wages, hours, terms and conditions of employment, and the	36865
continuation, modification, or deletion of an existing provision	36866
of a collective bargaining agreement. A public employee or	36867
exclusive representative may raise a legitimate complaint or file	36868
a grievance based on the collective bargaining agreement.	36869

Sec. 4117.24. The training ~~and~~, publications, and grants	36870
fund is hereby created in the state treasury. The state employment	36871
relations board shall deposit into the training ~~and~~, publications,	36872
and grants fund all ~~payments~~moneys received from the following	36873
sources:	36874

(A) Payments received by the board for copies of documents,	36875
rulebooks, and other publications; ~~fees~~	36876

(B) Fees received from seminar participants; ~~and receipts~~

36877

36878

(D) Moneys received from grants, donations, awards, bequests,	36879
gifts, reimbursements, and similar funds;	36880

(E) Reimbursement received for professional services and	36881
expenses related to professional services;	36882

(F) Funds received to support the development of labor	36883
relations services and programs. The state employment relations	36884
board shall use all moneys deposited into the training ~~and~~,	36885
publications, and grants fund to defray the costs of furnishing	36886
and making available copies of documents, rulebooks, and other	36887
publications; the costs of planning, organizing, and conducting	36888
training seminars; the costs associated with grant projects,	36889
innovative labor-management cooperation programs, research	36890
projects related to these grants and programs, and the advancement	36891
in professionalism of public sector relations; the professional	36892
development of board employees; and the costs of compiling	36893
clearinghouse data.	36894

The board may seek, solicit, apply for, receive, and accept	36895
grants, gifts, and contributions of money, property, labor, and	36896
other things of value to be held for, used for, and applied to	36897
only the purpose for which the grants, gifts, and contributions	36898
are made, from individuals, private and public corporations, the	36899
United States or any agency thereof, the state or any agency	36900
thereof, and any political subdivision of the state, and may enter	36901
into any contract with any such public or private source in	36902
connection therewith to be held for, used for, and applied to only	36903
the purposes for which such grants are made and contracts are	36904
entered into, all subject to and in accordance with the purposes	36905
of this chapter. Any money received from the grants, gifts,	36906
contributions, or contracts shall be deposited into the training,	36907
publications, and grants fund.	36908

Sec. 4123.27. Information contained in the annual statement	36909
provided for in section 4123.26 of the Revised Code, and such	36910
other information as may be furnished to the bureau of workers'	36911
compensation by employers in pursuance of that section, is for the	36912
exclusive use and information of the bureau in the discharge of	36913
its official duties, and shall not be open to the public nor be	36914
used in any court in any action or proceeding pending therein	36915
unless the bureau is a party to the action or proceeding; but the	36916
information contained in the statement may be tabulated and	36917
published by the bureau in statistical form for the use and	36918
information of other state departments and the public. No person	36919
in the employ of the bureau, except those who are authorized by	36920
the administrator of workers' compensation, shall divulge any	36921
information secured by the person while in the employ of the	36922
bureau in respect to the transactions, property, claim files,	36923
records, or papers of the bureau or in respect to the business or	36924
mechanical, chemical, or other industrial process of any company,	36925
firm, corporation, person, association, partnership, or public	36926
utility to any person other than the administrator or to the	36927
superior of such employee of the bureau.	36928

Notwithstanding the restrictions imposed by this section, the	36929
governor, select or standing committees of the general assembly,	36930
the auditor of state, the attorney general, or their designees,	36931
pursuant to the authority granted in this chapter and Chapter	36932
4121. of the Revised Code, may examine any records, claim files,	36933
or papers in possession of the industrial commission or the	36934
bureau. They also are bound by the privilege that attaches to	36935
these papers.	36936

The administrator shall report to the director of job and	36937
family services or to the county director of job and family	36938
services the name, address, and social security number or other	36939
identification number of any person receiving workers'	36940
compensation whose name or social security number or other	36941
identification number is the same as that of a person required by	36942
a court or child support enforcement agency to provide support	36943
payments to a recipient or participant of public assistance, and	36944
whose name is submitted to the administrator by the director under	36945
section 5101.36 of the Revised Code. The administrator also shall	36946
inform the director of the amount of workers' compensation paid to	36947
the person during such period as the director specifies.	36948

Within fourteen days after receiving from the director of job	36949
and family services a list of the names and social security	36950
numbers of recipients or participants of public assistance	36951
pursuant to section 5101.181 of the Revised Code, the	36952
administrator shall inform the auditor of state of the name,	36953
current or most recent address, and social security number of each	36954
person receiving workers' compensation pursuant to this chapter	36955
whose name and social security number are the same as that of a	36956
person whose name or social security number was submitted by the	36957
director. The administrator also shall inform the auditor of state	36958
of the amount of workers' compensation paid to the person during	36959
such period as the director specifies.	36960

The bureau and its employees, except for purposes of	36961
furnishing the auditor of state with information required by this	36962
section, shall preserve the confidentiality of recipients or	36963
participants of public assistance in compliance with division (A)	36964
of section 5101.181 of the Revised Code.	36965

For the purposes of this section, "public assistance" means	36966
medical assistance provided through the medical assistance program	36967
established under section 5111.01 of the Revised Code, Ohio works	36968
first provided under Chapter 5107. of the Revised Code,	36969
prevention, retention, and contingency benefits and services	36970
provided under Chapter 5108. of the Revised Code, or disability	36971
financial assistance provided under Chapter 5115. of the Revised	36972
Code~~, or disability medical assistance provided under Chapter~~	36973
~~5115. of the Revised Code~~.	36974

Sec. 4141.29. Each eligible individual shall receive	36975
benefits as compensation for loss of remuneration due to	36976
involuntary total or partial unemployment in the amounts and	36977
subject to the conditions stipulated in this chapter.	36978

(A) No individual is entitled to a waiting period or benefits	36979
for any week unless the individual:	36980

(1) Has filed a valid application for determination of	36981
benefit rights in accordance with section 4141.28 of the Revised	36982
Code;	36983

(2) Has made a claim for benefits in accordance with section	36984
4141.28 of the Revised Code;	36985

(3) Has registered at an employment office or other	36986
registration place maintained or designated by the director of job	36987
and family services. Registration shall be made in accordance with	36988
the time limits, frequency, and manner prescribed by the director.	36989

(4)(a)(i) Is able to work and available for suitable work	36990
and, except as provided in division (A)(4)(a)(ii) of this section,	36991
is actively seeking suitable work either in a locality in which	36992
the individual has earned wages subject to this chapter during the	36993
individual's base period, or if the individual leaves that	36994
locality, then in a locality where suitable work normally is	36995
performed.	36996

(ii) The director may waive the requirement that a claimant	36997
be actively seeking work when the director finds that either of	36998
the following is true:	36999

(I) The individual's unemployment is directly attributable to	37000
a major disaster declared by the president of the United States	37001
pursuant to the "Disaster Relief Act of 1974," 88 Stat. 143, 42	37002
U.S.C. 5121, and the employer whose operation was adversely	37003
affected by the disaster, requests a waiver from the director for	37004
the individual to be exempt from the requirement to actively seek	37005
suitable work;	37006

(II) The individual has been laid off and the employer who	37007
laid the individual off has notified the director within ten days	37008
after the layoff, that work is expected to be available for the	37009
individual within a specified number of days not to exceed	37010
forty-five calendar days following the last day the individual	37011
worked. In the event the individual is not recalled within the	37012
specified period, this waiver shall cease to be operative with	37013
respect to that layoff.	37014

(b) The individual shall be instructed as to the efforts that	37015
the individual must make in the search for suitable work, except	37016
where the active search for work requirement has been waived under	37017
division (A)(4)(a) of this section, and shall keep a record of	37018
where and when the individual has sought work in complying with	37019
those instructions and, upon request, shall produce that record	37020
for examination by the director.	37021

(c) An individual who is attending a training course approved	37022
by the director meets the requirement of this division, if	37023
attendance was recommended by the director and the individual is	37024
regularly attending the course and is making satisfactory	37025
progress. An individual also meets the requirements of this	37026
division if the individual is participating and advancing in a	37027
training program, as defined in division (P) of section 5709.61 of	37028
the Revised Code, and if an enterprise, defined in division (B) of	37029
section 5709.61 of the Revised Code, is paying all or part of the	37030
cost of the individual's participation in the training program	37031
with the intention of hiring the individual for employment as a	37032
new employee, as defined in division (L) of section 5709.61 of the	37033
Revised Code, for at least ninety days after the individual's	37034
completion of the training program.	37035

(d) An individual who becomes unemployed while attending a	37036
regularly established school and whose base period qualifying	37037
weeks were earned in whole or in part while attending that school,	37038
meets the availability and active search for work requirements of	37039
division (A)(4)(a) of this section if the individual regularly	37040
attends the school during weeks with respect to which the	37041
individual claims unemployment benefits and makes self available	37042
on any shift of hours for suitable employment with the	37043
individual's most recent employer or any other employer in the	37044
individual's base period, or for any other suitable employment to	37045
which the individual is directed, under this chapter.	37046

(e) The director shall adopt any rules that the director	37047
deems necessary for the administration of division (A)(4) of this	37048
section.	37049

(f) Notwithstanding any other provisions of this section, no	37050
otherwise eligible individual shall be denied benefits for any	37051
week because the individual is in training approved under section	37052
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	37053
2296, nor shall that individual be denied benefits by reason of	37054
leaving work to enter such training, provided the work left is not	37055
suitable employment, or because of the application to any week in	37056
training of provisions in this chapter, or any applicable federal	37057
unemployment compensation law, relating to availability for work,	37058
active search for work, or refusal to accept work.	37059

For the purposes of division (A)(4)(f) of this section,	37060
"suitable employment" means with respect to an individual, work of	37061
a substantially equal or higher skill level than the individual's	37062
past adversely affected employment, as defined for the purposes of	37063
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	37064
wages for such work at not less than eighty per cent of the	37065
individual's average weekly wage as determined for the purposes of	37066
that federal act.	37067

(5) Is unable to obtain suitable work. An individual who is	37068
provided temporary work assignments by the individual's employer	37069
under agreed terms and conditions of employment, and who is	37070
required pursuant to those terms and conditions to inquire with	37071
the individual's employer for available work assignments upon the	37072
conclusion of each work assignment, is not considered unable to	37073
obtain suitable employment if suitable work assignments are	37074
available with the employer but the individual fails to contact	37075
the employer to inquire about work assignments.	37076

(6) Participates in reemployment services, such as job search	37077
assistance services, if the individual has been determined to be	37078
likely to exhaust benefits under this chapter, including	37079
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	37080
extended compensation, and needs reemployment services pursuant to	37081
the profiling system established by the director under division	37082
(K) of this section, unless the director determines that:	37083

(a) The individual has completed such services; or

37084

(b) There is justifiable cause for the claimant's failure to	37085
participate in such services.	37086

(B) An individual suffering total or partial unemployment is	37087
eligible for benefits for unemployment occurring subsequent to a	37088
waiting period of one week and no benefits shall be payable during	37089
this required waiting period, except when the unemployment during	37090
this waiting period is directly attributable to a major disaster	37091
declared by the president of the United States pursuant to the	37092
"Disaster Relief Act of 1974," 88 Stat. 143, 42 U.S.C. 5121. Not	37093
more than one week of waiting period shall be required of any	37094
individual in any benefit year in order to establish the	37095
individual's eligibility for total or partial unemployment	37096
benefits.	37097

(C) The waiting period for total or partial unemployment	37098
shall commence on the first day of the first week with respect to	37099
which the individual first files a claim for benefits at an	37100
employment office or other place of registration maintained or	37101
designated by the director or on the first day of the first week	37102
with respect to which the individual has otherwise filed a claim	37103
for benefits in accordance with the rules of the department of job	37104
and family services, provided such claim is allowed by the	37105
director.	37106

(D) Notwithstanding division (A) of this section, no	37107
individual may serve a waiting period or be paid benefits under	37108
the following conditions:	37109

(1) For any week with respect to which the director finds	37110
that:	37111

(a) The individual's unemployment was due to a labor dispute	37112
other than a lockout at any factory, establishment, or other	37113
premises located in this or any other state and owned or operated	37114
by the employer by which the individual is or was last employed;	37115
and for so long as the individual's unemployment is due to such	37116
labor dispute. No individual shall be disqualified under this	37117
provision if either of the following applies:	37118

(i) The individual's employment was with such employer at any	37119
factory, establishment, or premises located in this state, owned	37120
or operated by such employer, other than the factory,	37121
establishment, or premises at which the labor dispute exists, if	37122
it is shown that the individual is not financing, participating	37123
in, or directly interested in such labor dispute;	37124

(ii) The individual's employment was with an employer not	37125
involved in the labor dispute but whose place of business was	37126
located within the same premises as the employer engaged in the	37127
dispute, unless the individual's employer is a wholly owned	37128
subsidiary of the employer engaged in the dispute, or unless the	37129
individual actively participates in or voluntarily stops work	37130
because of such dispute. If it is established that the claimant	37131
was laid off for an indefinite period and not recalled to work	37132
prior to the dispute, or was separated by the employer prior to	37133
the dispute for reasons other than the labor dispute, or that the	37134
individual obtained a bona fide job with another employer while	37135
the dispute was still in progress, such labor dispute shall not	37136
render the employee ineligible for benefits.	37137

(b) The individual has been given a disciplinary layoff for	37138
misconduct in connection with the individual's work.	37139

(2) For the duration of the individual's unemployment if the	37140
director finds that:	37141

(a) The individual quit work without just cause or has been	37142
discharged for just cause in connection with the individual's	37143
work, provided division (D)(2) of this section does not apply to	37144
the separation of a person under any of the following	37145
circumstances:	37146

(i) Separation from employment for the purpose of entering	37147
the armed forces of the United States if the individual makes	37148
application to enter, or is inducted into the armed forces within	37149
thirty days after such separation;	37150

(ii) Separation from employment pursuant to a	37151
labor-management contract or agreement, or pursuant to an	37152
established employer plan, program, or policy, which permits the	37153
employee, because of lack of work, to accept a separation from	37154
employment;	37155

(iii) The individual has left employment to accept a recall	37156
from a prior employer or, except as provided in division	37157
(D)(2)(a)(iv) of this section, to accept other employment as	37158
provided under section 4141.291 of the Revised Code, or left or	37159
was separated from employment that was concurrent employment at	37160
the time of the most recent separation or within six weeks prior	37161
to the most recent separation where the remuneration, hours, or	37162
other conditions of such concurrent employment were substantially	37163
less favorable than the individual's most recent employment and	37164
where such employment, if offered as new work, would be considered	37165
not suitable under the provisions of divisions (E) and (F) of this	37166
section. Any benefits that would otherwise be chargeable to the	37167
account of the employer from whom an individual has left	37168
employment or was separated from employment that was concurrent	37169
employment under conditions described in division (D)(2)(a)(iii)	37170
of this section, shall instead be charged to the mutualized	37171
account created by division (B) of section 4141.25 of the Revised	37172
Code, except that any benefits chargeable to the account of a	37173
reimbursing employer under division (D)(2)(a)(iii) of this section	37174
shall be charged to the account of the reimbursing employer and	37175
not to the mutualized account, except as provided in division	37176
(D)(2) of section 4141.24 of the Revised Code.	37177

(iv) When an individual has been issued a definite layoff	37178
date by the individual's employer and before the layoff date, the	37179
individual quits to accept other employment, the provisions of	37180
division (D)(2)(a)(iii) of this section apply and no	37181
disqualification shall be imposed under division (D) of this	37182
section. However, if the individual fails to meet the employment	37183
and earnings requirements of division (A)(2) of section 4141.291	37184
of the Revised Code, then the individual, pursuant to division	37185
(A)(5) of this section, shall be ineligible for benefits for any	37186
week of unemployment that occurs prior to the layoff date.	37187

(b) The individual has refused without good cause to accept	37188
an offer of suitable work when made by an employer either in	37189
person or to the individual's last known address, or has refused	37190
or failed to investigate a referral to suitable work when directed	37191
to do so by a local employment office of this state or another	37192
state, provided that this division shall not cause a	37193
disqualification for a waiting week or benefits under the	37194
following circumstances:	37195

(i) When work is offered by the individual's employer and the	37196
individual is not required to accept the offer pursuant to the	37197
terms of the labor-management contract or agreement; or	37198

(ii) When the individual is attending a vocational training	37199
course pursuant to division (A)(4) of this section except, in the	37200
event of a refusal to accept an offer of suitable work or a	37201
refusal or failure to investigate a referral, benefits thereafter	37202
paid to such individual shall not be charged to the account of any	37203
employer and, except as provided in division (B)(1)(b) of section	37204
4141.241 of the Revised Code, shall be charged to the mutualized	37205
account as provided in division (B) of section 4141.25 of the	37206
Revised Code.	37207

(c) Such individual quit work to marry or because of marital,	37208
parental, filial, or other domestic obligations.	37209

(d) The individual has knowingly made a false statement or	37210
representation or knowingly failed to report any material fact	37211
with the object of obtaining benefits to which the individual is	37212
not entitled.	37213

(e) The individual became unemployed by reason of commitment	37214
to any correctional institution.	37215

(f) The individual became unemployed because of dishonesty in	37216
connection with the individual's most recent or any base period	37217
work. Remuneration earned in such work shall be excluded from the	37218
individual's total base period remuneration and qualifying weeks	37219
that otherwise would be credited to the individual for such work	37220
in the individual's base period shall not be credited for the	37221
purpose of determining the total benefits to which the individual	37222
is eligible and the weekly benefit amount to be paid under section	37223
4141.30 of the Revised Code. Such excluded remuneration and	37224
noncredited qualifying weeks shall be excluded from the	37225
calculation of the maximum amount to be charged, under division	37226
(D) of section 4141.24 and section 4141.33 of the Revised Code,	37227
against the accounts of the individual's base period employers. In	37228
addition, no benefits shall thereafter be paid to the individual	37229
based upon such excluded remuneration or noncredited qualifying	37230
weeks.	37231

For purposes of division (D)(2)(f) of this section,	37232
"dishonesty" means the commission of substantive theft, fraud, or	37233
deceitful acts.	37234

(E) No individual otherwise qualified to receive benefits	37235
shall lose the right to benefits by reason of a refusal to accept	37236
new work if:	37237

(1) As a condition of being so employed the individual would	37238
be required to join a company union, or to resign from or refrain	37239
from joining any bona fide labor organization, or would be denied	37240
the right to retain membership in and observe the lawful rules of	37241
any such organization.	37242

(2) The position offered is vacant due directly to a strike,	37243
lockout, or other labor dispute.	37244

(3) The work is at an unreasonable distance from the	37245
individual's residence, having regard to the character of the work	37246
the individual has been accustomed to do, and travel to the place	37247
of work involves expenses substantially greater than that required	37248
for the individual's former work, unless the expense is provided	37249
for.	37250

(4) The remuneration, hours, or other conditions of the work	37251
offered are substantially less favorable to the individual than	37252
those prevailing for similar work in the locality.	37253

(F) Subject to the special exceptions contained in division	37254
(A)(4)(f) of this section and section 4141.301 of the Revised	37255
Code, in determining whether any work is suitable for a claimant	37256
in the administration of this chapter, the director, in addition	37257
to the determination required under division (E) of this section,	37258
shall consider the degree of risk to the claimant's health,	37259
safety, and morals, the individual's physical fitness for the	37260
work, the individual's prior training and experience, the length	37261
of the individual's unemployment, the distance of the available	37262
work from the individual's residence, and the individual's	37263
prospects for obtaining local work.	37264

(G) The "duration of unemployment" as used in this section	37265
means the full period of unemployment next ensuing after a	37266
separation from any base period or subsequent work and until an	37267
individual has become reemployed in employment subject to this	37268
chapter, or the unemployment compensation act of another state, or	37269
of the United States, and until such individual has worked six	37270
weeks and for those weeks has earned or been paid remuneration	37271
equal to six times an average weekly wage of not less than:	37272
eighty-five dollars and ten cents per week beginning on June 26,	37273
1990; and beginning on and after January 1, 1992, twenty-seven and	37274
one-half per cent of the statewide average weekly wage as computed	37275
each first day of January under division (B)(3) of section 4141.30	37276
of the Revised Code, rounded down to the nearest dollar, except	37277
for purposes of division (D)(2)(c) of this section, such term	37278
means the full period of unemployment next ensuing after a	37279
separation from such work and until such individual has become	37280
reemployed subject to the terms set forth above, and has earned	37281
wages equal to one-half of the individual's average weekly wage or	37282
sixty dollars, whichever is less.	37283

(H) If a claimant is disqualified under division (D)(2)(a),	37284
(c), or (e) of this section or found to be qualified under the	37285
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	37286
this section or division (A)(2) of section 4141.291 of the Revised	37287
Code, then benefits that may become payable to such claimant,	37288
which are chargeable to the account of the employer from whom the	37289
individual was separated under such conditions, shall be charged	37290
to the mutualized account provided in section 4141.25 of the	37291
Revised Code, provided that no charge shall be made to the	37292
mutualized account for benefits chargeable to a reimbursing	37293
employer, except as provided in division (D)(2) of section 4141.24	37294
of the Revised Code. In the case of a reimbursing employer, the	37295
director shall refund or credit to the account of the reimbursing	37296
employer any over-paid benefits that are recovered under division	37297
(B) of section 4141.35 of the Revised Code.	37298

(I)(1) Benefits based on service in employment as provided in	37299
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	37300
shall be payable in the same amount, on the same terms, and	37301
subject to the same conditions as benefits payable on the basis of	37302
other service subject to this chapter; except that after December	37303
31, 1977:	37304

(a) Benefits based on service in an instructional, research,	37305
or principal administrative capacity in an institution of higher	37306
education, as defined in division (Y) of section 4141.01 of the	37307
Revised Code; or for an educational institution as defined in	37308
division (CC) of section 4141.01 of the Revised Code, shall not be	37309
paid to any individual for any week of unemployment that begins	37310
during the period between two successive academic years or terms,	37311
or during a similar period between two regular but not successive	37312
terms or during a period of paid sabbatical leave provided for in	37313
the individual's contract, if the individual performs such	37314
services in the first of those academic years or terms and has a	37315
contract or a reasonable assurance that the individual will	37316
perform services in any such capacity for any such institution in	37317
the second of those academic years or terms.	37318

(b) Benefits based on service for an educational institution	37319
or an institution of higher education in other than an	37320
instructional, research, or principal administrative capacity,	37321
shall not be paid to any individual for any week of unemployment	37322
which begins during the period between two successive academic	37323
years or terms of the employing educational institution or	37324
institution of higher education, provided the individual performed	37325
those services for the educational institution or institution of	37326
higher education during the first such academic year or term and,	37327
there is a reasonable assurance that such individual will perform	37328
those services for any educational institution or institution of	37329
higher education in the second of such academic years or terms.	37330

An individual whose transportation staff position with a	37331
school district has been terminated pursuant to section 3319.0810	37332
of the Revised Code effective at the end of any academic year or	37333
term has a reasonable assurance of performing services in the next	37334
succeeding academic year or term for an educational institution,	37335
an institution of higher education, or an educational service	37336
agency, as defined in division (I)(1)(d) of this section, or for a	37337
nonpublic employer that provides transportation services under	37338
contract with the school district under section 3319.0810 of the	37339
Revised Code. Therefore, such an individual is not entitled to	37340
benefits under this chapter during the period between the academic	37341
year or term in which the individual's position was terminated and	37342
the next succeeding academic year or term unless the individual is	37343
not offered an opportunity to perform those services for such	37344
entities in the next succeeding academic year or term.	37345

If compensation is denied to any individual for any week	37346
under division (I)(1)(b) of this section and the individual was	37347
not offered an opportunity to perform those services for an	37348
institution of higher education or for an educational institution	37349
for the second of such academic years or terms, the individual is	37350
entitled to a retroactive payment of compensation for each week	37351
for which the individual timely filed a claim for compensation and	37352
for which compensation was denied solely by reason of division	37353
(I)(1)(b) of this section. An application for retroactive benefits	37354
shall be timely filed if received by the director or the	37355
director's deputy within or prior to the end of the fourth full	37356
calendar week after the end of the period for which benefits were	37357
denied because of reasonable assurance of employment. The	37358
provision for the payment of retroactive benefits under division	37359
(I)(1)(b) of this section is applicable to weeks of unemployment	37360
beginning on and after November 18, 1983. The provisions under	37361
division (I)(1)(b) of this section shall be retroactive to	37362
September 5, 1982, only if, as a condition for full tax credit	37363
against the tax imposed by the "Federal Unemployment Tax Act," 53	37364
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	37365
secretary of labor determines that retroactivity is required by	37366
federal law.	37367

(c) With respect to weeks of unemployment beginning after	37368
December 31, 1977, benefits shall be denied to any individual for	37369
any week which commences during an established and customary	37370
vacation period or holiday recess, if the individual performs any	37371
services described in divisions (I)(1)(a) and (b) of this section	37372
in the period immediately before the vacation period or holiday	37373
recess, and there is a reasonable assurance that the individual	37374
will perform any such services in the period immediately following	37375
the vacation period or holiday recess.	37376

(d) With respect to any services described in division	37377
(I)(1)(a), (b), or (c) of this section, benefits payable on the	37378
basis of services in any such capacity shall be denied as	37379
specified in division (I)(1)(a), (b), or (c) of this section to	37380
any individual who performs such services in an educational	37381
institution or institution of higher education while in the employ	37382
of an educational service agency. For this purpose, the term	37383
"educational service agency" means a governmental agency or	37384
governmental entity that is established and operated exclusively	37385
for the purpose of providing services to one or more educational	37386
institutions or one or more institutions of higher education.	37387

(e) Any individual employed by a public school district or a	37388
county board of mental retardation shall be notified by the	37389
thirtieth day of April each year if the individual is not to be	37390
reemployed the following academic year.	37391

(2) No disqualification will be imposed, between academic	37392
years or terms or during a vacation period or holiday recess under	37393
this division, unless the director or the director's deputy has	37394
received a statement in writing from the educational institution	37395
or institution of higher education that the claimant has a	37396
contract for, or a reasonable assurance of, reemployment for the	37397
ensuing academic year or term.	37398

(3) If an individual has employment with an educational	37399
institution or an institution of higher education and employment	37400
with a noneducational employer, during the base period of the	37401
individual's benefit year, then the individual may become eligible	37402
for benefits during the between-term, or vacation or holiday	37403
recess, disqualification period, based on employment performed for	37404
the noneducational employer, provided that the employment is	37405
sufficient to qualify the individual for benefit rights separately	37406
from the benefit rights based on school employment. The weekly	37407
benefit amount and maximum benefits payable during a	37408
disqualification period shall be computed based solely on the	37409
nonschool employment.	37410

(J) Benefits shall not be paid on the basis of employment	37411
performed by an alien, unless the alien had been lawfully admitted	37412
to the United States for permanent residence at the time the	37413
services were performed, was lawfully present for purposes of	37414
performing the services, or was otherwise permanently residing in	37415
the United States under color of law at the time the services were	37416
performed, under section 212(d)(5) of the "Immigration and	37417
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	37418

(1) Any data or information required of individuals applying	37419
for benefits to determine whether benefits are not payable to them	37420
because of their alien status shall be uniformly required from all	37421
applicants for benefits.	37422

(2) In the case of an individual whose application for	37423
benefits would otherwise be approved, no determination that	37424
benefits to the individual are not payable because of the	37425
individual's alien status shall be made except upon a	37426
preponderance of the evidence that the individual had not, in	37427
fact, been lawfully admitted to the United States.	37428

(K) The director shall establish and utilize a system of	37429
profiling all new claimants under this chapter that:	37430

(1) Identifies which claimants will be likely to exhaust	37431
regular compensation and will need job search assistance services	37432
to make a successful transition to new employment;	37433

(2) Refers claimants identified pursuant to division (K)(1)	37434
of this section to reemployment services, such as job search	37435
assistance services, available under any state or federal law;	37436

(3) Collects follow-up information relating to the services	37437
received by such claimants and the employment outcomes for such	37438
claimant's subsequent to receiving such services and utilizes such	37439
information in making identifications pursuant to division (K)(1)	37440
of this section; and	37441

(4) Meets such other requirements as the United States	37442
secretary of labor determines are appropriate.	37443

Sec. 4301.10. (A) The division of liquor control shall do	37444
all of the following:	37445

(1) Control the traffic in beer and intoxicating liquor in	37446
this state, including the manufacture, importation, and sale of	37447
beer and intoxicating liquor;	37448

(2) Grant or refuse permits for the manufacture,	37449
distribution, transportation, and sale of beer and intoxicating	37450
liquor and the sale of alcohol, as authorized or required by this	37451
chapter and Chapter 4303. of the Revised Code. A certificate,	37452
signed by the superintendent of liquor control and to which is	37453
affixed the official seal of the division, stating that it appears	37454
from the records of the division that no permit has been issued to	37455
the person specified in the certificate, or that a permit, if	37456
issued, has been revoked, canceled, or suspended, shall be	37457
received as prima-facie evidence of the facts recited in the	37458
certificate in any court or before any officer of this state.	37459

(3) Put into operation, manage, and control a system of state	37460
liquor stores for the sale of spirituous liquor at retail and to	37461
holders of permits authorizing the sale of spirituous liquor;	37462
however, the division shall not establish any drive-in state	37463
liquor stores; and by means of those types of stores, and any	37464
manufacturing plants, distributing and bottling plants,	37465
warehouses, and other facilities that it considers expedient,	37466
establish and maintain a state monopoly of the distribution of	37467
spirituous liquor and its sale in packages or containers; and for	37468
that purpose, manufacture, buy, import, possess, and sell	37469
spirituous liquors as provided in this chapter and Chapter 4303.	37470
of the Revised Code, and in the rules promulgated by the	37471
superintendent of liquor control pursuant to those chapters; lease	37472
or in any manner acquire the use of any land or building required	37473
for any of those purposes; purchase any equipment that is	37474
required; and borrow money to carry on its business, and issue,	37475
sign, endorse, and accept notes, checks, and bills of exchange;	37476
but all obligations of the division created under authority of	37477
this division shall be a charge only upon the moneys received by	37478
the division from the sale of spirituous liquor and its other	37479
business transactions in connection with the sale of spirituous	37480
liquor, and shall not be general obligations of the state;	37481

(4) Enforce the administrative provisions of this chapter and	37482
Chapter 4303. of the Revised Code, and the rules and orders of the	37483
liquor control commission and the superintendent relating to the	37484
manufacture, importation, transportation, distribution, and sale	37485
of beer ~~and~~or intoxicating ~~liquors~~liquor. The attorney general,	37486
any prosecuting attorney, and any prosecuting officer of a	37487
municipal corporation or a municipal court shall, at the request	37488
of the division of liquor control or the department of public	37489
safety, prosecute any person charged with the violation of any	37490
provision in those chapters or of any section of the Revised Code	37491
relating to the manufacture, importation, transportation,	37492
distribution, and sale of beer ~~and~~or intoxicating liquor.	37493

(5) Determine the locations of all state liquor stores and	37494
manufacturing, distributing, and bottling plants required in	37495
connection with those stores, subject to this chapter and Chapter	37496
4303. of the Revised Code;	37497

(6) Conduct inspections of liquor permit premises to	37498
determine compliance with the administrative provisions of this	37499
chapter and Chapter 4303. of the Revised Code and the rules	37500
adopted under those provisions by the liquor control commission.	37501

Except as otherwise provided in division (A)(6) of this	37502
section, those inspections may be conducted only during those	37503
hours in which the permit holder is open for business and only by	37504
authorized agents or employees of the division or by any peace	37505
officer, as defined in section 2935.01 of the Revised Code.	37506
Inspections may be conducted at other hours only to determine	37507
compliance with laws or commission rules that regulate the hours	37508
of sale of beer ~~and~~or intoxicating liquor and only if the	37509
investigator has reasonable cause to believe that those laws or	37510
rules are being violated. Any inspection conducted pursuant to	37511
division (A)(6) of this section is subject to all of the following	37512
requirements:	37513

(a) The only property that may be confiscated is contraband,	37514
as defined in section 2901.01 of the Revised Code, or property	37515
that is otherwise necessary for evidentiary purposes.	37516

(b) A complete inventory of all property confiscated from the	37517
premises shall be given to the permit holder or the permit	37518
holder's agent or employee by the confiscating agent or officer at	37519
the conclusion of the inspection. At that time, the inventory	37520
shall be signed by the confiscating agent or officer, and the	37521
agent or officer shall give the permit holder or the permit	37522
holder's agent or employee the opportunity to sign the inventory.	37523

(c) Inspections conducted pursuant to division (A)(6) of this	37524
section shall be conducted in a reasonable manner. A finding by	37525
any court of competent jurisdiction that ~~the~~an inspection was not	37526
conducted in a reasonable manner in accordance with this section	37527
or any rules ~~promulgated~~adopted by the commission may be	37528
considered grounds for suppression of evidence. A finding by the	37529
~~liquor control~~ commission that ~~the~~an inspection was not conducted	37530
in a reasonable manner in accordance with this section or any	37531
rules ~~promulgated~~adopted by ~~the commission~~it may be considered	37532
grounds for dismissal of the commission case.	37533

If any court of competent jurisdiction finds that property	37534
confiscated as the result of an administrative inspection is not	37535
necessary for evidentiary purposes and is not contraband, as	37536
defined in section 2901.01 of the Revised Code, the court shall	37537
order the immediate return of the confiscated property, provided	37538
that property is not otherwise subject to forfeiture, to the	37539
permit holder. However, the return of this property is not grounds	37540
for dismissal of the case. The commission likewise may order the	37541
return of confiscated property if no criminal prosecution is	37542
pending or anticipated.	37543

(7) Delegate to any of its agents or employees any power of	37544
investigation that the division possesses with respect to the	37545
enforcement of any of the administrative laws relating to beer ~~and~~	37546
or intoxicating liquor, provided that this division does not	37547
authorize the division to designate any agent or employee to serve	37548
as an enforcement agent. The employment and designation of	37549
enforcement agents shall be within the exclusive authority of the	37550
director of public safety pursuant to sections 5502.13 to 5502.19	37551
of the Revised Code.	37552

(8) Collect the following fees:

37553

(a) A biennial ~~fifty dollar~~fifty-dollar registration fee for	37554
each agent, solicitor, or salesperson, registered pursuant to	37555
section 4303.25 of the Revised Code, of a beer or intoxicating	37556
liquor manufacturer, supplier, broker, or wholesale distributor	37557
doing business in this state;	37558

(b) A fifty-dollar product registration fee for each new beer	37559
or intoxicating liquor product sold in this state. The product	37560
registration fee shall be accompanied by a copy of the federal	37561
label and product approval for the new product.	37562

(c) An annual three-hundred-dollar supplier registration fee	37563
from each manufacturer or supplier that produces and ships into	37564
this state, or ships into this state, intoxicating liquor or beer,	37565
in addition to an initial application fee of one hundred dollars.	37566

Each supplier, agent, solicitor, or salesperson registration	37567
issued under this division shall authorize the person named to	37568
carry on the activity specified in the registration. Each agent,	37569
solicitor, or salesperson registration is valid for two years or	37570
for the unexpired portion of a two-year registration period. Each	37571
supplier registration is valid for one year or for the unexpired	37572
portion of a one-year registration period. Registrations shall end	37573
on their respective uniform expiration date, which shall be	37574
designated by the division, and are subject to suspension,	37575
revocation, cancellation, or fine as authorized by this chapter	37576
and Chapter 4303. of the Revised Code.	37577

(9) Establish a system of electronic data interchange within	37578
the division and regulate the electronic transfer of information	37579
and funds among persons and governmental entities engaged in the	37580
manufacture, distribution, and retail sale of alcoholic beverages;	37581

(10) Exercise all other powers expressly or by necessary	37582
implication conferred upon the division by this chapter and	37583
Chapter 4303. of the Revised Code, and all powers necessary for	37584
the exercise or discharge of any power, duty, or function	37585
expressly conferred or imposed upon the division by those	37586
chapters.	37587

(B) The division may do all of the following:

37588

(1) Sue, but may be sued only in connection with the	37589
execution of leases of real estate and the purchases and contracts	37590
necessary for the operation of the state liquor stores that are	37591
made under this chapter and Chapter 4303. of the Revised Code;	37592

(2) Enter into leases and contracts of all descriptions and	37593
acquire and transfer title to personal property with regard to the	37594
sale, distribution, and storage of spirituous liquor within the	37595
state;	37596

(3) Terminate at will any lease entered into pursuant to	37597
division (B)(2) of this section upon first giving ninety days'	37598
notice in writing to the lessor of its intention to do so;	37599

(4) Fix the wholesale and retail prices at which the various	37600
classes, varieties, and brands of spirituous liquor shall be sold	37601
by the division. Those retail prices shall be the same at all	37602
state liquor stores, except to the extent that a price	37603
differential is required to collect a county sales tax levied	37604
pursuant to section 5739.021 of the Revised Code and for which tax	37605
the tax commissioner has authorized prepayment pursuant to section	37606
5739.05 of the Revised Code. In fixing selling prices, the	37607
division shall compute an anticipated gross profit at least	37608
sufficient to provide in each calendar year all costs and expenses	37609
of the division and also an adequate working capital reserve for	37610
the division. The gross profit shall not exceed forty per cent of	37611
the retail selling price based on costs of the division, and in	37612
addition the sum required by section 4301.12 of the Revised Code	37613
to be paid into the state treasury. An amount equal to one and	37614
one-half per cent of that gross profit shall be paid into the	37615
statewide treatment and prevention fund created by section 4301.30	37616
of the Revised Code and be appropriated by the general assembly	37617
from the fund to the department of alcohol and drug addiction	37618
services as provided in section 4301.30 of the Revised Code.	37619

On spirituous liquor manufactured in this state from the	37620
juice of grapes or fruits grown in this state, the division shall	37621
compute an anticipated gross profit of not to exceed ten per cent.	37622
~~The~~	37623

The wholesale prices fixed under this division shall be at a	37624
discount of not less than ~~twelve and one-half~~six per cent of the	37625
retail selling prices as determined by the division in accordance	37626
with this section.	37627

(C) The division may approve the expansion or diminution of a	37628
premises to which a liquor permit has been issued and may adopt	37629
standards governing such an expansion or diminution.	37630

Sec. 4301.42. For the purpose of providing revenue for the	37631
support of the state, a tax is hereby levied on the sale of beer	37632
in sealed bottles and cans having twelve ounces or less of liquid	37633
content, at the rate of ~~fourteen~~twenty-eight one-hundredths of	37634
one cent on each ounce of liquid content or fractional part of	37635
each ounce of liquid content, and on such containers in excess of	37636
twelve ounces, at the rate of ~~eighty-four~~one and sixty-eight	37637
one-hundredths ~~of one cent~~cents on each six ounces of liquid	37638
content or fractional part of each six ounces of liquid content.	37639
Sections 4307.01 to 4307.12 of the Revised Code apply in the	37640
administration of that tax. Manufacturers, bottlers, and canners	37641
of and wholesale dealers in beer have the duty to pay the tax	37642
imposed by this section and are entitled to the privileges in the	37643
manner provided in section 4303.33 of the Revised Code.	37644

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	37645
the Revised Code:	37646

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	37647
fluid ounces.	37648

(2) "Sale" or "sell" includes exchange, barter, gift,	37649
distribution, and, except with respect to A-4 permit holders,	37650
offer for sale.	37651

(B) For the purposes of providing revenues for the support of	37652
the state and encouraging the grape industries in the state, a tax	37653
is hereby levied on the sale or distribution of wine in Ohio,	37654
except for known sacramental purposes, at the rate of ~~thirty~~sixty	37655
cents per wine gallon for wine containing not less than four per	37656
cent of alcohol by volume and not more than fourteen per cent of	37657
alcohol by volume, ~~ninety-eight~~one dollar and ninety-six cents	37658
per wine gallon for wine containing more than fourteen per cent	37659
but not more than twenty-one per cent of alcohol by volume, ~~one~~	37660
~~dollar~~two dollars and ~~eight~~sixteen cents per wine gallon for	37661
vermouth, and ~~one dollar~~two dollars and ~~forty-eight~~ninety-six	37662
cents per wine gallon for sparkling and carbonated wine and	37663
champagne, the tax to be paid by the holders of A-2 and B-5	37664
permits or by any other person selling or distributing wine upon	37665
which no tax has been paid. From the tax paid under this section	37666
on wine, vermouth, and sparkling and carbonated wine and	37667
champagne, the treasurer of state shall credit to the Ohio grape	37668
industries fund created under section 924.54 of the Revised Code a	37669
sum equal to one cent per gallon for each gallon upon which the	37670
tax is paid.	37671

(C) For the purpose of providing revenues for the support of	37672
the state, there is hereby levied a tax on prepared and bottled	37673
highballs, cocktails, cordials, and other mixed beverages at the	37674
rate of ~~one dollar~~two dollars and ~~twenty~~forty cents per wine	37675
gallon to be paid by holders of A-4 permits or by any other person	37676
selling or distributing those products upon which no tax has been	37677
paid. Only one sale of the same article shall be used in computing	37678
the amount of tax due. The tax on mixed beverages to be paid by	37679
holders of A-4 permits under this section shall not attach until	37680
the ownership of the mixed beverage is transferred for valuable	37681
consideration to a wholesaler or retailer, and no payment of the	37682
tax shall be required prior to that time.	37683

(D) During the period of July 1, ~~2003~~2005, through June 30,	37684
~~2005~~2007, from the tax paid under this section on wine, vermouth,	37685
and sparkling and carbonated wine and champagne, the treasurer of	37686
state shall credit to the Ohio grape industries fund created under	37687
section 924.54 of the Revised Code a sum equal to two cents per	37688
gallon upon which the tax is paid. The amount credited under this	37689
division is in addition to the amount credited to the Ohio grape	37690
industries fund under division (B) of this section.	37691

(E) For the purpose of providing revenues for the support of	37692
the state, there is hereby levied a tax on cider at the rate of	37693
~~twenty-four~~forty-eight cents per wine gallon to be paid by the	37694
holders of A-2 and B-5 permits or by any other person selling or	37695
distributing cider upon which no tax has been paid. Only one sale	37696
of the same article shall be used in computing the amount of the	37697
tax due.	37698

Sec. 4305.01. For the purpose of reimbursing the state for	37699
the expenses of administering Chapters 4301. and 4303. of the	37700
Revised Code and to provide revenues for the support of the state,	37701
a tax is hereby levied on the sale or distribution in this state	37702
of beer, whether in barrels or other containers, excepting in	37703
sealed bottles or cans, at the rate of ~~five~~eleven dollars and	37704
~~fifty-eight~~sixteen cents per barrel of thirty-one gallons.	37705

The tax commissioner shall exercise, with respect to the	37706
administration of the tax imposed by this section, all the powers	37707
and duties vested in or imposed by sections 4307.04 to 4307.07 of	37708
the Revised Code, so far as consistent with this section.	37709
Manufacturers and consignees of beer in barrels or other	37710
containers, excepting in sealed bottles or cans, and railroad	37711
companies, express companies, and other public carriers	37712
transporting shipments of such beer are subject, with respect to	37713
such tax, to the same duties and entitled to the same privileges	37714
as are required or permitted by those sections.	37715

The revenue derived from the tax on the sale and distribution	37716
of beer pursuant to this section and section 4301.42 of the	37717
Revised Code shall be for the use of the general revenue fund.	37718

The tax refund fund created by section 5703.052 of the	37719
Revised Code may be drawn upon by the tax commissioner for any	37720
refunds authorized to be made by the commissioner in sections	37721
4303.33, 4307.05, and 4307.07 of the Revised Code for beer.	37722

Sec. 4505.06. (A)(1) Application for a certificate of title	37723
shall be made in a form prescribed by the registrar of motor	37724
vehicles and shall be sworn to before a notary public or other	37725
officer empowered to administer oaths. The application shall be	37726
filed with the clerk of any court of common pleas. An application	37727
for a certificate of title may be filed electronically by any	37728
electronic means approved by the registrar in any county with the	37729
clerk of the court of common pleas of that county. Any payments	37730
required by this chapter shall be considered as accompanying any	37731
electronically transmitted application when payment actually is	37732
received by the clerk. Payment of any fee or taxes may be made by	37733
electronic transfer of funds.	37734

(2) The application for a certificate of title shall be	37735
accompanied by the fee prescribed in section 4505.09 of the	37736
Revised Code. The fee shall be retained by the clerk who issues	37737
the certificate of title and shall be distributed in accordance	37738
with that section. If a clerk of a court of common pleas, other	37739
than the clerk of the court of common pleas of an applicant's	37740
county of residence, issues a certificate of title to the	37741
applicant, the clerk shall transmit data related to the	37742
transaction to the automated title processing system.	37743

(3) If a certificate of title previously has been issued for	37744
a motor vehicle in this state, the application for a certificate	37745
of title also shall be accompanied by that certificate of title	37746
duly assigned, unless otherwise provided in this chapter. If a	37747
certificate of title previously has not been issued for the motor	37748
vehicle in this state, the application, unless otherwise provided	37749
in this chapter, shall be accompanied by a manufacturer's or	37750
importer's certificate or by a certificate of title of another	37751
state from which the motor vehicle was brought into this state. If	37752
the application refers to a motor vehicle last previously	37753
registered in another state, the application also shall be	37754
accompanied by the physical inspection certificate required by	37755
section 4505.061 of the Revised Code. If the application is made	37756
by two persons regarding a motor vehicle in which they wish to	37757
establish joint ownership with right of survivorship, they may do	37758
so as provided in section 2131.12 of the Revised Code. If the	37759
applicant requests a designation of the motor vehicle in	37760
beneficiary form so that upon the death of the owner of the motor	37761
vehicle, ownership of the motor vehicle will pass to a designated	37762
transfer-on-death beneficiary or beneficiaries, the applicant may	37763
do so as provided in section 2131.13 of the Revised Code. A person	37764
who establishes ownership of a motor vehicle that is transferable	37765
on death in accordance with section 2131.13 of the Revised Code	37766
may terminate that type of ownership or change the designation of	37767
the transfer-on-death beneficiary or beneficiaries by applying for	37768
a certificate of title pursuant to this section. The clerk shall	37769
retain the evidence of title presented by the applicant and on	37770
which the certificate of title is issued, except that, if an	37771
application for a certificate of title is filed electronically by	37772
an electronic motor vehicle dealer on behalf of the purchaser of a	37773
motor vehicle, the clerk shall retain the completed electronic	37774
record to which the dealer converted the certificate of title	37775
application and other required documents. The registrar, after	37776
consultation with the attorney general, shall adopt rules that	37777
govern the location at which, and the manner in which, are stored	37778
the actual application and all other documents relating to the	37779
sale of a motor vehicle when an electronic motor vehicle dealer	37780
files the application for a certificate of title electronically on	37781
behalf of the purchaser.	37782

The clerk shall use reasonable diligence in ascertaining	37783
whether or not the facts in the application for a certificate of	37784
title are true by checking the application and documents	37785
accompanying it or the electronic record to which a dealer	37786
converted the application and accompanying documents with the	37787
records of motor vehicles in the clerk's office. If the clerk is	37788
satisfied that the applicant is the owner of the motor vehicle and	37789
that the application is in the proper form, the clerk, within five	37790
business days after the application is filed, shall issue a	37791
physical certificate of title over the clerk's signature and	37792
sealed with the clerk's seal, unless the applicant specifically	37793
requests the clerk not to issue a physical certificate of title	37794
and instead to issue an electronic certificate of title. For	37795
purposes of the transfer of a certificate of title, if the clerk	37796
is satisfied that the secured party has duly discharged a lien	37797
notation but has not canceled the lien notation with a clerk, the	37798
clerk may cancel the lien notation on the automated title	37799
processing system and notify the clerk of the county of origin.	37800

(4) In the case of the sale of a motor vehicle to a general	37801
buyer or user by a dealer, by a motor vehicle leasing dealer	37802
selling the motor vehicle to the lessee or, in a case in which the	37803
leasing dealer subleased the motor vehicle, the sublessee, at the	37804
end of the lease agreement or sublease agreement, or by a	37805
manufactured home broker, the certificate of title shall be	37806
obtained in the name of the buyer by the dealer, leasing dealer,	37807
or manufactured home broker, as the case may be, upon application	37808
signed by the buyer. The certificate of title shall be issued, or	37809
the process of entering the certificate of title application	37810
information into the automated title processing system if a	37811
physical certificate of title is not to be issued shall be	37812
completed, within five business days after the application for	37813
title is filed with the clerk. If the buyer of the motor vehicle	37814
previously leased the motor vehicle and is buying the motor	37815
vehicle at the end of the lease pursuant to that lease, the	37816
certificate of title shall be obtained in the name of the buyer by	37817
the motor vehicle leasing dealer who previously leased the motor	37818
vehicle to the buyer or by the motor vehicle leasing dealer who	37819
subleased the motor vehicle to the buyer under a sublease	37820
agreement.	37821

In all other cases, except as provided in section 4505.032	37822
and division (D)(2) of section 4505.11 of the Revised Code, such	37823
certificates shall be obtained by the buyer.	37824

(5)(a)(i) If the certificate of title is being obtained in	37825
the name of the buyer by a motor vehicle dealer or motor vehicle	37826
leasing dealer and there is a security interest to be noted on the	37827
certificate of title, the dealer or leasing dealer shall submit	37828
the application for the certificate of title and payment of the	37829
applicable tax to a clerk within seven business days after the	37830
later of the delivery of the motor vehicle to the buyer or the	37831
date the dealer or leasing dealer obtains the manufacturer's or	37832
importer's certificate, or certificate of title issued in the name	37833
of the dealer or leasing dealer, for the motor vehicle. Submission	37834
of the application for the certificate of title and payment of the	37835
applicable tax within the required seven business days may be	37836
indicated by postmark or receipt by a clerk within that period.	37837

(ii) Upon receipt of the certificate of title with the	37838
security interest noted on its face, the dealer or leasing dealer	37839
shall forward the certificate of title to the secured party at the	37840
location noted in the financing documents or otherwise specified	37841
by the secured party.	37842

(iii) A motor vehicle dealer or motor vehicle leasing dealer	37843
is liable to a secured party for a late fee of ten dollars per day	37844
for each certificate of title application and payment of the	37845
applicable tax that is submitted to a clerk more than seven	37846
business days but less than twenty-one days after the later of the	37847
delivery of the motor vehicle to the buyer or the date the dealer	37848
or leasing dealer obtains the manufacturer's or importer's	37849
certificate, or certificate of title issued in the name of the	37850
dealer or leasing dealer, for the motor vehicle and, from then on,	37851
twenty-five dollars per day until the application and applicable	37852
tax are submitted to a clerk.	37853

(b) In all cases of transfer of a motor vehicle, the	37854
application for certificate of title shall be filed within thirty	37855
days after the assignment or delivery of the motor vehicle. If an	37856
application for a certificate of title is not filed within the	37857
period specified in division (A)(5)(b) of this section, the clerk	37858
shall collect a fee of five dollars for the issuance of the	37859
certificate, except that no such fee shall be required from a	37860
motor vehicle salvage dealer, as defined in division (A) of	37861
section 4738.01 of the Revised Code, who immediately surrenders	37862
the certificate of title for cancellation. The fee shall be in	37863
addition to all other fees established by this chapter, and shall	37864
be retained by the clerk. The registrar shall provide, on the	37865
certificate of title form prescribed by section 4505.07 of the	37866
Revised Code, language necessary to give evidence of the date on	37867
which the assignment or delivery of the motor vehicle was made.	37868

(6) As used in division (A) of this section, "lease	37869
agreement," "lessee," and "sublease agreement" have the same	37870
meanings as in section 4505.04 of the Revised Code.	37871

(B)(1) The clerk, except as provided in this section, shall	37872
refuse to accept for filing any application for a certificate of	37873
title and shall refuse to issue a certificate of title unless the	37874
dealer or manufactured home broker or the applicant, in cases in	37875
which the certificate shall be obtained by the buyer, submits with	37876
the application payment of the tax levied by or pursuant to	37877
Chapters 5739. and 5741. of the Revised Code based on the	37878
purchaser's county of residence. Upon payment of the tax in	37879
accordance with division (E) of this section, the clerk shall	37880
issue a receipt prescribed by the registrar and agreed upon by the	37881
tax commissioner showing payment of the tax or a receipt issued by	37882
the commissioner showing the payment of the tax. When submitting	37883
payment of the tax to the clerk, a dealer shall retain any	37884
discount to which the dealer is entitled under section 5739.12 of	37885
the Revised Code.	37886

(2) For receiving and disbursing such taxes paid to the clerk	37887
by a resident of the clerk's county, the clerk may retain a	37888
poundage fee of one and one one-hundredth per cent, and the clerk	37889
shall pay the poundage fee into the certificate of title	37890
administration fund created by section 325.33 of the Revised Code.	37891
The clerk shall not retain a poundage fee from payments of taxes	37892
by persons who do not reside in the clerk's county.	37893

A clerk, however, may retain from the taxes paid to the clerk	37894
an amount equal to the poundage fees associated with certificates	37895
of title issued by other clerks of courts of common pleas to	37896
applicants who reside in the first clerk's county. The registrar,	37897
in consultation with the tax commissioner and the clerks of the	37898
courts of common pleas, shall develop a report from the automated	37899
title processing system that informs each clerk of the amount of	37900
the poundage fees that the clerk is permitted to retain from those	37901
taxes because of certificates of title issued by the clerks of	37902
other counties to applicants who reside in the first clerk's	37903
county.	37904

(3) In the case of casual sales of motor vehicles, as defined	37905
in section 4517.01 of the Revised Code, the price for the purpose	37906
of determining the tax shall be the purchase price on the assigned	37907
certificate of title executed by the seller and filed with the	37908
clerk by the buyer on a form to be prescribed by the registrar,	37909
which shall be prima-facie evidence of the amount for the	37910
determination of the tax.	37911

(4) Each county clerk shall forward to the treasurer of state	37912
all sales and use tax collections resulting from sales of motor	37913
vehicles, off-highway motorcycles, and all-purpose vehicles during	37914
a calendar week on or before the Friday following the close of	37915
that week. If, on any Friday, the offices of the clerk of courts	37916
or the state are not open for business, the tax shall be forwarded	37917
to the treasurer of state on or before the next day on which the	37918
offices are open. Every remittance of tax under division (B)(4) of	37919
this section shall be accompanied by a remittance report in such	37920
form as the tax commissioner prescribes. Upon receipt of a tax	37921
remittance and remittance report, the treasurer of state shall	37922
date stamp the report and forward it to the tax commissioner. If	37923
the tax due for any week is not remitted by a clerk of courts as	37924
required under division (B)(4) of this section, the commissioner	37925
may require the clerk to forfeit the poundage fees for the sales	37926
made during that week. The treasurer of state may require the	37927
clerks of courts to transmit tax collections and remittance	37928
reports electronically.	37929

(C)(1) If the transferor indicates on the certificate of	37930
title that the odometer reflects mileage in excess of the designed	37931
mechanical limit of the odometer, the clerk shall enter the phrase	37932
"exceeds mechanical limits" following the mileage designation. If	37933
the transferor indicates on the certificate of title that the	37934
odometer reading is not the actual mileage, the clerk shall enter	37935
the phrase "nonactual: warning - odometer discrepancy" following	37936
the mileage designation. The clerk shall use reasonable care in	37937
transferring the information supplied by the transferor, but is	37938
not liable for any errors or omissions of the clerk or those of	37939
the clerk's deputies in the performance of the clerk's duties	37940
created by this chapter.	37941

The registrar shall prescribe an affidavit in which the	37942
transferor shall swear to the true selling price and, except as	37943
provided in this division, the true odometer reading of the motor	37944
vehicle. The registrar may prescribe an affidavit in which the	37945
seller and buyer provide information pertaining to the odometer	37946
reading of the motor vehicle in addition to that required by this	37947
section, as such information may be required by the United States	37948
secretary of transportation by rule prescribed under authority of	37949
subchapter IV of the "Motor Vehicle Information and Cost Savings	37950
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	37951

(2) Division (C)(1) of this section does not require the	37952
giving of information concerning the odometer and odometer reading	37953
of a motor vehicle when ownership of a motor vehicle is being	37954
transferred as a result of a bequest, under the laws of intestate	37955
succession, to a survivor pursuant to section 2106.18, 2131.12, or	37956
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	37957
beneficiaries pursuant to section 2131.13 of the Revised Code, in	37958
connection with the creation of a security interest or for a	37959
vehicle with a gross vehicle weight rating of more than sixteen	37960
thousand pounds.	37961

(D) When the transfer to the applicant was made in some other	37962
state or in interstate commerce, the clerk, except as provided in	37963
this section, shall refuse to issue any certificate of title	37964
unless the tax imposed by or pursuant to Chapter 5741. of the	37965
Revised Code based on the purchaser's county of residence has been	37966
paid as evidenced by a receipt issued by the tax commissioner, or	37967
unless the applicant submits with the application payment of the	37968
tax. Upon payment of the tax in accordance with division (E) of	37969
this section, the clerk shall issue a receipt prescribed by the	37970
registrar and agreed upon by the tax commissioner, showing payment	37971
of the tax.	37972

For receiving and disbursing such taxes paid to the clerk by	37973
a resident of the clerk's county, the clerk may retain a poundage	37974
fee of one and one one-hundredth per cent. The clerk shall not	37975
retain a poundage fee from payments of taxes by persons who do not	37976
reside in the clerk's county.	37977

A clerk, however, may retain from the taxes paid to the clerk	37978
an amount equal to the poundage fees associated with certificates	37979
of title issued by other clerks of courts of common pleas to	37980
applicants who reside in the first clerk's county. The registrar,	37981
in consultation with the tax commissioner and the clerks of the	37982
courts of common pleas, shall develop a report from the automated	37983
title processing system that informs each clerk of the amount of	37984
the poundage fees that the clerk is permitted to retain from those	37985
taxes because of certificates of title issued by the clerks of	37986
other counties to applicants who reside in the first clerk's	37987
county.	37988

When the vendor is not regularly engaged in the business of	37989
selling motor vehicles, the vendor shall not be required to	37990
purchase a vendor's license or make reports concerning those	37991
sales.	37992

(E) The clerk shall accept any payment of a tax in cash, or	37993
by cashier's check, certified check, draft, money order, or teller	37994
check issued by any insured financial institution payable to the	37995
clerk and submitted with an application for a certificate of title	37996
under division (B) or (D) of this section. The clerk also may	37997
accept payment of the tax by corporate, business, or personal	37998
check, credit card, electronic transfer or wire transfer, debit	37999
card, or any other accepted form of payment made payable to the	38000
clerk. The clerk may require bonds, guarantees, or letters of	38001
credit to ensure the collection of corporate, business, or	38002
personal checks. Any service fee charged by a third party to a	38003
clerk for the use of any form of payment may be paid by the clerk	38004
from the certificate of title administration fund created in	38005
section 325.33 of the Revised Code, or may be assessed by the	38006
clerk upon the applicant as an additional fee. Upon collection,	38007
the additional fees shall be paid by the clerk into that	38008
certificate of title administration fund.	38009

The clerk shall make a good faith effort to collect any	38010
payment of taxes due but not made because the payment was returned	38011
or dishonored, but the clerk is not personally liable for the	38012
payment of uncollected taxes or uncollected fees. The clerk shall	38013
notify the tax commissioner of any such payment of taxes that is	38014
due but not made and shall furnish the information to the	38015
commissioner that the commissioner requires. The clerk shall	38016
deduct the amount of taxes due but not paid from the clerk's	38017
periodic remittance of tax payments, in accordance with procedures	38018
agreed upon by the tax commissioner. The commissioner may collect	38019
taxes due by assessment in the manner provided in section 5739.13	38020
of the Revised Code.	38021

Any person who presents payment that is returned or	38022
dishonored for any reason is liable to the clerk for payment of a	38023
penalty over and above the amount of the taxes due. The clerk	38024
shall determine the amount of the penalty, and the penalty shall	38025
be no greater than that amount necessary to compensate the clerk	38026
for banking charges, legal fees, or other expenses incurred by the	38027
clerk in collecting the returned or dishonored payment. The	38028
remedies and procedures provided in this section are in addition	38029
to any other available civil or criminal remedies. Subsequently	38030
collected penalties, poundage fees, and title fees, less any title	38031
fee due the state, from returned or dishonored payments collected	38032
by the clerk shall be paid into the certificate of title	38033
administration fund. Subsequently collected taxes, less poundage	38034
fees, shall be sent by the clerk to the treasurer of state at the	38035
next scheduled periodic remittance of tax payments, with	38036
information as the commissioner may require. The clerk may abate	38037
all or any part of any penalty assessed under this division.	38038

(F) In the following cases, the clerk shall accept for filing	38039
an application and shall issue a certificate of title without	38040
requiring payment or evidence of payment of the tax:	38041

(1) When the purchaser is this state or any of its political	38042
subdivisions, a church, or an organization whose purchases are	38043
exempted by section 5739.02 of the Revised Code;	38044

(2) When the transaction in this state is not a retail sale	38045
as defined by section 5739.01 of the Revised Code;	38046

(3) When the purchase is outside this state or in interstate	38047
commerce and the purpose of the purchaser is not to use, store, or	38048
consume within the meaning of section 5741.01 of the Revised Code;	38049

(4) When the purchaser is the federal government;

38050

(5) When the motor vehicle was purchased outside this state	38051
for use outside this state;	38052

(6) When the motor vehicle is purchased by a nonresident of	38053
this state for immediate removal from this state, and will be	38054
permanently titled and registered in another state, as provided by	38055
division (B)(23) of section 5739.02 of the Revised Code, and upon	38056
presentation of a copy of the affidavit provided by that section,	38057
and a copy of the exemption certificate provided by section	38058
5739.03 of the Revised Code.	38059

~~The clerk shall forward all payments of taxes, less poundage~~	38060
~~fees, to the treasurer of state in a manner to be prescribed by~~	38061
~~the tax commissioner and shall furnish information to the~~	38062
~~commissioner as the commissioner requires.~~	38063

(G) An application, as prescribed by the registrar and agreed	38064
to by the tax commissioner, shall be filled out and sworn to by	38065
the buyer of a motor vehicle in a casual sale. The application	38066
shall contain the following notice in bold lettering: "WARNING TO	38067
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	38068
law to state the true selling price. A false statement is in	38069
violation of section 2921.13 of the Revised Code and is punishable	38070
by six months' imprisonment or a fine of up to one thousand	38071
dollars, or both. All transfers are audited by the department of	38072
taxation. The seller and buyer must provide any information	38073
requested by the department of taxation. The buyer may be assessed	38074
any additional tax found to be due."	38075

(H) For sales of manufactured homes or mobile homes occurring	38076
on or after January 1, 2000, the clerk shall accept for filing,	38077
pursuant to Chapter 5739. of the Revised Code, an application for	38078
a certificate of title for a manufactured home or mobile home	38079
without requiring payment of any tax pursuant to section 5739.02,	38080
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	38081
issued by the tax commissioner showing payment of the tax. For	38082
sales of manufactured homes or mobile homes occurring on or after	38083
January 1, 2000, the applicant shall pay to the clerk an	38084
additional fee of five dollars for each certificate of title	38085
issued by the clerk for a manufactured or mobile home pursuant to	38086
division (H) of section 4505.11 of the Revised Code and for each	38087
certificate of title issued upon transfer of ownership of the	38088
home. The clerk shall credit the fee to the county certificate of	38089
title administration fund, and the fee shall be used to pay the	38090
expenses of archiving those certificates pursuant to division (A)	38091
of section 4505.08 and division (H)(3) of section 4505.11 of the	38092
Revised Code. The tax commissioner shall administer any tax on a	38093
manufactured or mobile home pursuant to Chapters 5739. and 5741.	38094
of the Revised Code.	38095

(I) Every clerk shall have the capability to transact by	38096
electronic means all procedures and transactions relating to the	38097
issuance of motor vehicle certificates of title that are described	38098
in the Revised Code as being accomplished by electronic means.	38099

Sec. 4511.75. (A) The driver of a vehicle, streetcar, or	38100
trackless trolley upon meeting or overtaking from either direction	38101
any school bus stopped for the purpose of receiving or discharging	38102
any school child, person attending programs offered by community	38103
boards of mental health and county boards of mental retardation	38104
and developmental disabilities, or child attending a program	38105
offered by a head start agency, shall stop at least ten feet from	38106
the front or rear of the school bus and shall not proceed until	38107
such school bus resumes motion, or until signaled by the school	38108
bus driver to proceed.	38109

It is no defense to a charge under this division that the	38110
school bus involved failed to display or be equipped with an	38111
automatically extended stop warning sign as required by division	38112
(B) of this section.	38113

(B) Every school bus shall be equipped with amber and red	38114
visual signals meeting the requirements of section 4511.771 of the	38115
Revised Code, and an automatically extended stop warning sign of a	38116
type approved by the state board of education, which shall be	38117
actuated by the driver of the bus whenever but only whenever the	38118
bus is stopped or stopping on the roadway for the purpose of	38119
receiving or discharging school children, persons attending	38120
programs offered by community boards of mental health and county	38121
boards of mental retardation and developmental disabilities, or	38122
children attending programs offered by head start agencies. A	38123
school bus driver shall not actuate the visual signals or the stop	38124
warning sign in designated school bus loading areas where the bus	38125
is entirely off the roadway or at school buildings when children	38126
or persons attending programs offered by community boards of	38127
mental health and county boards of mental retardation and	38128
developmental disabilities are loading or unloading at curbside or	38129
at buildings when children attending programs offered by head	38130
start agencies are loading or unloading at curbside. The visual	38131
signals and stop warning sign shall be synchronized or otherwise	38132
operated as required by rule of the board.	38133

(C) Where a highway has been divided into four or more	38134
traffic lanes, a driver of a vehicle, streetcar, or trackless	38135
trolley need not stop for a school bus approaching from the	38136
opposite direction which has stopped for the purpose of receiving	38137
or discharging any school child, persons attending programs	38138
offered by community boards of mental health and county boards of	38139
mental retardation and developmental disabilities, or children	38140
attending programs offered by head start agencies. The driver of	38141
any vehicle, streetcar, or trackless trolley overtaking the school	38142
bus shall comply with division (A) of this section.	38143

(D) School buses operating on divided highways or on highways	38144
with four or more traffic lanes shall receive and discharge all	38145
school children, persons attending programs offered by community	38146
boards of mental health and county boards of mental retardation	38147
and developmental disabilities, and children attending programs	38148
offered by head start agencies on their residence side of the	38149
highway.	38150

(E) No school bus driver shall start the driver's bus until	38151
after any child, person attending programs offered by community	38152
boards of mental health and county boards of mental retardation	38153
and developmental disabilities, or child attending a program	38154
offered by a head start agency who may have alighted therefrom has	38155
reached a place of safety on the child's or person's residence	38156
side of the road.	38157

(F)(1) Whoever violates division (A) of this section may be	38158
fined an amount not to exceed five hundred dollars. A person who	38159
is issued a citation for a violation of division (A) of this	38160
section is not permitted to enter a written plea of guilty and	38161
waive the person's right to contest the citation in a trial but	38162
instead must appear in person in the proper court to answer the	38163
charge.	38164

(2) In addition to and independent of any other penalty	38165
provided by law, the court or mayor may impose upon an offender	38166
who violates this section a class seven suspension of the	38167
offender's driver's license, commercial driver's license,	38168
temporary instruction permit, probationary license, or nonresident	38169
operating privilege from the range specified in division (A)(7) of	38170
section 4510.02 of the Revised Code. When a license is suspended	38171
under this section, the court or mayor shall cause the offender to	38172
deliver the license to the court, and the court or clerk of the	38173
court immediately shall forward the license to the registrar of	38174
motor vehicles, together with notice of the court's action.	38175

(G) As used in this section:

38176

(1) "Head start agency" has the same meaning as in section	38177
~~3301.31~~3301.32 of the Revised Code.	38178

(2) "School bus," as used in relation to children who attend	38179
a program offered by a head start agency, means a bus that is	38180
owned and operated by a head start agency, is equipped with an	38181
automatically extended stop warning sign of a type approved by the	38182
state board of education, is painted the color and displays the	38183
markings described in section 4511.77 of the Revised Code, and is	38184
equipped with amber and red visual signals meeting the	38185
requirements of section 4511.771 of the Revised Code, irrespective	38186
of whether or not the bus has fifteen or more children aboard at	38187
any time. "School bus" does not include a van owned and operated	38188
by a head start agency, irrespective of its color, lights, or	38189
markings.	38190

Sec. 4519.02. (A) Except as provided in divisions (B), (C),	38191
and (D) of this section, no person shall operate any snowmobile,	38192
off-highway motorcycle, or all-purpose vehicle within this state	38193
unless the snowmobile, off-highway motorcycle, or all-purpose	38194
vehicle is registered and numbered in accordance with sections	38195
4519.03 and 4519.04 of the Revised Code.	38196

(B) No registration is required for a snowmobile, off-highway	38197
motorcycle, or all-purpose vehicle that is operated exclusively	38198
upon lands owned by the owner of the snowmobile, off-highway	38199
motorcycle, or all-purpose vehicle, or on lands to which the owner	38200
has a contractual right.	38201

(C) ~~No registration is required for a snowmobile, off-highway~~	38202
~~motorcycle, or all-purpose vehicle owned and used in this state by~~	38203
~~a resident of another state whenever that state has in effect a~~	38204
~~registration law similar to this chapter and the snowmobile,~~	38205
~~off-highway motorcycle, or all-purpose vehicle is properly~~	38206
~~registered thereunder.~~ Any snowmobile, off-highway motorcycle, or	38207
all-purpose vehicle owned and used in this state by a person who	38208
is not a resident of ~~another~~this state ~~not having such a~~	38209
~~registration requirement~~ shall comply with section 4519.09 of the	38210
Revised Code.	38211

(D) No registration is required for a snowmobile, off-highway	38212
motorcycle, or all-purpose vehicle owned and used in this state by	38213
the United States, another state, or a political subdivision	38214
thereof, but the snowmobile, off-highway motorcycle, or	38215
all-purpose vehicle shall display the name of the owner thereon.	38216

(E) The owner or operator of any all-purpose vehicle operated	38217
or used upon the waters in this state shall comply with Chapters	38218
1547. and 1548. of the Revised Code relative to the operation of	38219
watercraft.	38220

(F) Except as otherwise provided in this division, whoever	38221
violates division (A) of this section shall be fined not more than	38222
twenty-five dollars. If the offender previously has been convicted	38223
of or pleaded guilty to a violation of division (A) of this	38224
section, whoever violates division (A) of this section shall be	38225
fined not less than twenty-five nor more than fifty dollars.	38226

Sec. 4519.09. Every owner or operator of a snowmobile,	38227
off-highway motorcycle, or all-purpose vehicle who is not a	38228
resident of athis state ~~not having a registration law similar to~~	38229
~~this chapter,~~ and who expects to use the snowmobile, off-highway	38230
motorcycle, or all-purpose vehicle in Ohio, shall apply to the	38231
registrar of motor vehicles or a deputy registrar for a temporary	38232
operating permit. The temporary operating permit shall be issued	38233
for a period not to exceed fifteen days from the date of issuance,	38234
shall be in such form as the registrar determines, shall include	38235
the name and address of the owner and operator of the snowmobile,	38236
off-highway motorcycle, or all-purpose vehicle, and any other	38237
information as the registrar considers necessary, and shall be	38238
issued upon payment of a fee of five dollars. Every owner or	38239
operator receiving a temporary operating permit shall display it	38240
upon the reasonable request of any law enforcement officer or	38241
other person as authorized by sections 4519.42 and 4519.43 of the	38242
Revised Code.	38243

Sec. 4561.17. For the purpose of providing revenue for	38244
paying the expenses of administering sections 4561.17 to 4561.22	38245
of the Revised Code relative to the registration of aircraft, for	38246
the surveying of and the establishment, checking, maintenance, and	38247
repair of aviation air marking and of air navigation facilities,	38248
for airport capital improvements, for the acquiring, maintaining,	38249
and repairing of equipment necessary therefor, and for the cost of	38250
the creation and distribution of Ohio aeronautical charts and Ohio	38251
airport and landing field directories, an annual license tax is	38252
hereby levied upon all aircraft based in this state for which an	38253
aircraft worthiness certificate issued by the federal aviation	38254
administration is in effect except the following:	38255

(A) Aircraft owned by the United States or any territory	38256
thereof;	38257

(B) Aircraft owned by any foreign government;

38258

(C) Aircraft owned by any state or any political subdivision	38259
thereof;	38260

(D) Aircraft operated under a certificate of convenience and	38261
necessity issued by the civil aeronautics board or any successor	38262
thereto;	38263

(E) Aircraft owned by any nonresident of this state whether	38264
such owner is an individual, partnership, or corporation, provided	38265
such owner has complied with all the laws in regard to the	38266
licensing of aircraft in the state of ~~his~~the owner's residence;	38267

(F) Aircraft owned by aircraft manufacturers or aircraft	38268
engine manufacturers and operated only for purposes of testing,	38269
delivery, or demonstration;	38270

(G) Aircraft operated for hire over regularly scheduled	38271
routes within the state.	38272

Such license tax shall be at the rates specified in section	38273
4561.18 of the Revised Code, and shall be paid to and collected by	38274
the director of transportation at the time of making application	38275
as provided in such section.	38276

Sec. 4561.18. Applications for the licensing and	38277
registration of aircraft shall be made and signed by the owner	38278
thereof upon forms prepared by the department of transportation	38279
and shall contain a description of the aircraft, including its	38280
federal registration number, and such other information as is	38281
required by the department.	38282

Applications shall be filed with the director of	38283
transportation during the month of January annually and shall be	38284
renewed according to the standard renewal procedure of sections	38285
4745.01 to 4745.03 of the Revised Code. Application for	38286
registration of any aircraft not previously registered in this	38287
state, if such aircraft is acquired or becomes subject to such	38288
license tax subsequent to the last day of January in any year,	38289
shall be made for the balance of the year in which the same is	38290
acquired, within forty-eight hours after such acquisition or after	38291
becoming subject to such license tax. Each such application shall	38292
be accompanied by the proper license tax, which, for all aircraft	38293
other than gliders and balloons, shall be at the annual rate of	38294
~~one hundred~~fifteen dollars per ~~aircraft~~seat, based on the	38295
manufacturer's maximum listed seating capacity. The license tax	38296
for gliders and balloons shall be ~~three~~fifteen dollars annually.	38297

Such taxes are in lieu of all other taxes on or with respect	38298
to ownership of such aircraft.	38299

Sec. 4561.21. (A) The director of transportation shall	38300
deposit all aircraft transfer fees in the state treasury to the	38301
credit of the general fund.	38302

(B) The director shall deposit all aircraft license taxes in	38303
the state treasury to the credit of the ~~county~~ airport ~~maintenance~~	38304
assistance fund, which is hereby created. Money in the fund shall	38305
be used ~~to assist counties in maintaining the~~for maintenance and	38306
capital improvements to publicly owned airports ~~they own~~, and the	38307
director shall distribute the money to ~~counties~~eligible	38308
recipients in accordance with such procedures, guidelines, and	38309
criteria as the director shall establish.	38310

Sec. 4703.15. (A) The state board of examiners of architects	38311
may by three concurring votes deny renewal of, revoke, or suspend	38312
any certificate of qualification to practice architecture, issued	38313
or renewed under sections 4703.10, 4703.13, and 4703.14 of the	38314
Revised Code, or any certificate of authorization, issued or	38315
renewed under sections 4703.13 and 4703.18 of the Revised Code, if	38316
proof satisfactory to the board is presented in any of the	38317
following cases:	38318

~~(A)~~(1) In case it is shown that the certificate was obtained	38319
by fraud;	38320

~~(B)~~(2) In case the holder of the certificate has been found	38321
guilty by the board or by a court of justice of any fraud or	38322
deceit in ~~his~~the holder's professional practice, or has been	38323
convicted of a felony by a court of justice;	38324

~~(C)~~(3) In case the holder has been found guilty by the board	38325
of gross negligence, incompetency, or misconduct in the	38326
performance of ~~his~~the holder's services as an architect or in the	38327
practice of architecture;	38328

~~(D)~~(4) In case the holder of the certificate has been found	38329
guilty by the board of signing plans for the construction of a	38330
building as a "registered architect" where hethe holder is not	38331
the actual architect of such building and where hethe holder is	38332
without prior written consent of the architect originating the	38333
design or other documents used in the plans;	38334

~~(E)~~(5) In case the holder of the certificate has been found	38335
guilty by the board of aiding and abetting another person or	38336
persons not properly registered as required by sections 4703.01 to	38337
4703.19 of the Revised Code, in the performance of activities that	38338
in any manner or extent constitute the practice of architecture.	38339

At any time after the expiration of six months from the date	38340
of the revocation or suspension of a certificate, the individual,	38341
firm, partnership, association, or corporation may apply for	38342
reinstatement of the certificate. Upon showing that all loss	38343
caused by the individual, firm, partnership, association, or	38344
corporation whose certificate has been revoked or suspended has	38345
been fully satisfied and that all conditions imposed by the	38346
revocation or suspension decision have been complied with, and	38347
upon the payment of all costs incurred by the board as a result of	38348
the case at issue, the board, at its discretion and upon evidence	38349
that in its opinion would so warrant, may restore the certificate.	38350

(B) In addition to disciplinary action the board may take	38351
against a certificate holder under division (A) of this section or	38352
section 4703.151 of the Revised Code, the board may impose a fine	38353
against a certificate holder who obtained a certificate by fraud	38354
or who is found guilty of any act specified in divisions (A)(2) to	38355
(A)(5) of this section or who violates any rule governing the	38356
standards of service, conduct, and practice adopted pursuant to	38357
section 4703.02 of the Revised Code. The fine imposed shall be not	38358
more than one thousand dollars for each offense but shall not	38359
exceed five thousand dollars regardless of the number of offenses	38360
the certificate holder has committed between the time the fine is	38361
imposed and the time any previous fine was imposed.	38362

Sec. 4705.09. (A)(1) Any person admitted to the practice of	38363
law in this state by order of the supreme court in accordance with	38364
its prescribed and published rules, or any law firm or legal	38365
professional association, may establish and maintain an	38366
interest-bearing trust account, for purposes of depositing client	38367
funds held by the attorney, firm, or association that are nominal	38368
in amount or are to be held by the attorney, firm, or association	38369
for a short period of time, with any bank or savings and loan	38370
association that is authorized to do business in this state and is	38371
insured by the federal deposit insurance corporation or the	38372
successor to that corporation, or any credit union insured by the	38373
national credit union administration operating under the "Federal	38374
Credit Union Act," 84 Stat. 994 (1970), 12 U.S.C.A. 1751. Each	38375
account established under this division shall be in the name of	38376
the attorney, firm, or association that established and is	38377
maintaining it and shall be identified as an IOLTA or an interest	38378
on lawyer's trust account. The name of the account may contain	38379
additional identifying features to distinguish it from other trust	38380
accounts established and maintained by the attorney, firm, or	38381
association.	38382

(2) Each attorney who receives funds belonging to a client	38383
shall do one of the following:	38384

(a) Establish and maintain one or more interest-bearing trust	38385
accounts in accordance with division (A)(1) of this section or	38386
maintain one or more interest-bearing trust accounts previously	38387
established in accordance with that division, and deposit all	38388
client funds held that are nominal in amount or are to be held by	38389
the attorney for a short period of time in the account or	38390
accounts;	38391

(b) If the attorney is affiliated with a law firm or legal	38392
professional association, comply with division (A)(2)(a) of this	38393
section or deposit all client funds held that are nominal in	38394
amount or are to be held by the attorney for a short period of	38395
time in one or more interest-bearing trust accounts established	38396
and maintained by the firm or association in accordance with	38397
division (A)(1) of this section.	38398

(3) No funds belonging to any attorney, firm, or legal	38399
professional association shall be deposited in any	38400
interest-bearing ~~IOTA~~IOLTA account established under division	38401
(A)(1) or (2) of this section, except that funds sufficient to pay	38402
or enable a waiver of depository institution service charges on	38403
the account shall be deposited in the account and other funds	38404
belonging to the attorney, firm, or association may be deposited	38405
as authorized by the Code of Professional Responsibility adopted	38406
by the supreme court. The determinations of whether funds held are	38407
nominal or more than nominal in amount and of whether funds are to	38408
be held for a short period or longer than a short period of time	38409
rests in the sound judgment of the particular attorney. No	38410
imputation of professional misconduct shall arise from the	38411
attorney's exercise of judgment in these matters.	38412

(B) All interest earned on funds deposited in an	38413
interest-bearing trust account established under division (A)(1)	38414
or (2) of this section shall be transmitted to the treasurer of	38415
state for deposit in the legal aid fund established under section	38416
120.52 of the Revised Code. No part of the interest earned on	38417
funds deposited in an interest-bearing trust account established	38418
under division (A)(1) or (2) of this section shall be paid to, or	38419
inure to the benefit of, the attorney, the attorney's law firm or	38420
legal professional association, the client or other person who	38421
owns or has a beneficial ownership of the funds deposited, or any	38422
other person other than in accordance with this section, section	38423
4705.10, and sections 120.51 to 120.55 of the Revised Code.	38424

(C) No liability arising out of any act or omission by any	38425
attorney, law firm, or legal professional association with respect	38426
to any interest-bearing trust account established under division	38427
(A)(1) or (2) of this section shall be imputed to the depository	38428
institution.	38429

(D) The supreme court may adopt and enforce rules of	38430
professional conduct that pertain to the use, by attorneys, law	38431
firms, or legal professional associations, of interest-bearing	38432
trust accounts established under division (A)(1) or (2) of this	38433
section, and that pertain to the enforcement of division (A)(2) of	38434
this section. Any rules adopted by the supreme court under this	38435
authority shall conform to the provisions of this section, section	38436
4705.10, and sections 120.51 to 120.55 of the Revised Code.	38437

Sec. 4709.05. In addition to any other duty imposed on the	38438
barber board under this chapter, the board shall do all of the	38439
following:	38440

(A) Organize by electing a chairperson from its members to	38441
serve a one-year term;	38442

(B) Hold regular meetings, at the times and places as it	38443
determines for the purpose of conducting the examinations required	38444
under this chapter, and hold additional meetings for the	38445
transaction of necessary business;	38446

(C) Provide for suitable quarters, in the city of Columbus,	38447
for the conduct of its business and the maintenance of its	38448
records;	38449

(D) Adopt a common seal for the authentication of its orders,	38450
communications, and records;	38451

(E) Maintain a record of its proceedings and a register of	38452
persons licensed as barbers. The register shall include each	38453
licensee's name, place of business, residence, and licensure date	38454
and number, and a record of all licenses issued, refused, renewed,	38455
suspended, or revoked. The records are open to public inspection	38456
at all reasonable times.	38457

(F) Annually, on or before the first day of January, make a	38458
report to the governor of all its official acts during the	38459
preceding year, its receipts and disbursements, recommendations it	38460
determines appropriate, and an evaluation of board activities	38461
intended to aid or protect consumers of barber services;	38462

(G) Employ an executive director who shall do all things	38463
requested by the board for the administration and enforcement of	38464
this chapter. The executive director shall employ inspectors,	38465
clerks, and other assistants as hethe executive director	38466
determines necessary.	38467

(H) Ensure that the practice of barbering is conducted only	38468
in a licensed barber shop, except when the practice of barbering	38469
is performed on a person whose physical or mental disability	38470
prevents that person from going to a licensed barber shop;	38471

(I) Conduct or have conducted the examination for applicants	38472
to practice as licensed barbers at least four times per year at	38473
the times and places the board determines;	38474

(J) Adopt rules, in accordance with Chapter 119. of the	38475
Revised Code, to administer and enforce this chapter and which	38476
cover all of the following:	38477

(1) Sanitary standards for the operation of barber shops and	38478
barber schools that conform to guidelines established by the	38479
department of health;	38480

(2) The content of the examination required of an applicant	38481
for a barber license. The examination shall include a practical	38482
demonstration and a written test, shall relate only to the	38483
practice of barbering, and shall require the applicant to	38484
demonstrate that the applicant has a thorough knowledge of and	38485
competence in the proper techniques in the safe use of chemicals	38486
used in the practice of barbering.	38487

(3) Continuing education requirements for persons licensed	38488
pursuant to this chapter. The board may impose continuing	38489
education requirements upon a licensee for a violation of this	38490
chapter or the rules adopted pursuant thereto or if the board	38491
determines that the requirements are necessary to preserve the	38492
health, safety, or welfare of the public.	38493

(4) Requirements for the licensure of barber schools, barber	38494
teachers, and assistant barber teachers;	38495

(5) Requirements for students of barber schools;

38496

(6) Any other area the board determines appropriate to	38497
administer or enforce this chapter.	38498

(K) Annually review the rules adopted pursuant to division	38499
(J) of this section in order to compare those rules with the rules	38500
adopted by the state board of cosmetology pursuant to section	38501
4713.08 of the Revised Code. If the barber board determines that	38502
the rules adopted by the state board of cosmetology, including,	38503
but not limited to, rules concerning using career technical	38504
schools, would be beneficial to the barbering profession, the	38505
barber board shall adopt rules similar to those it determines	38506
would be beneficial for barbers.	38507

(L) Prior to adopting any rule under this chapter, indicate	38508
at a formal hearing the reasons why the rule is necessary as a	38509
protection of the persons who use barber services or as an	38510
improvement of the professional standing of barbers in this state;	38511

~~(L)~~(M) Furnish each owner or manager of a barber shop and	38512
barber school with a copy of all sanitary rules adopted pursuant	38513
to division (J) of this section;	38514

~~(M)~~(N) Conduct such investigations and inspections of persons	38515
and establishments licensed or unlicensed pursuant to this chapter	38516
and for that purpose, any member of the board or any of its	38517
authorized agents may enter and inspect any place of business of a	38518
licensee or a person suspected of violating this chapter or the	38519
rules adopted pursuant thereto, during normal business hours;	38520

~~(N)~~(O) Upon the written request of an applicant and the	38521
payment of the appropriate fee, provide to the applicant licensure	38522
information concerning the applicant;	38523

~~(O)~~(P) Do all things necessary for the proper administration	38524
and enforcement of this chapter.	38525

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	38526
Revised Code:	38527

(A)(1) "Clinical laboratory services" means either of the	38528
following:	38529

(a) Any examination of materials derived from the human body	38530
for the purpose of providing information for the diagnosis,	38531
prevention, or treatment of any disease or impairment or for the	38532
assessment of health;	38533

(b) Procedures to determine, measure, or otherwise describe	38534
the presence or absence of various substances or organisms in the	38535
body.	38536

(2) "Clinical laboratory services" does not include the mere	38537
collection or preparation of specimens.	38538

(B) "Designated health services" means any of the following:

38539

(1) Clinical laboratory services;

38540

(2) Home health care services;

38541

(3) Outpatient prescription drugs.

38542

(C) "Fair market value" means the value in arms-length	38543
transactions, consistent with general market value and:	38544

(1) With respect to rentals or leases, the value of rental	38545
property for general commercial purposes, not taking into account	38546
its intended use;	38547

(2) With respect to a lease of space, not adjusted to reflect	38548
the additional value the prospective lessee or lessor would	38549
attribute to the proximity or convenience to the lessor if the	38550
lessor is a potential source of referrals to the lessee.	38551

(D) "Governmental health care program" means any program	38552
providing health care benefits that is administered by the federal	38553
government, this state, or a political subdivision of this state,	38554
including the medicare program established under Title XVIII of	38555
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	38556
as amended, health care coverage for public employees, health care	38557
benefits administered by the bureau of workers' compensation, or	38558
the medical assistance program established under Chapter 5111. of	38559
the Revised Code~~, and the disability medical assistance program~~	38560
~~established under Chapter 5115. of the Revised Code~~.	38561

(E)(1) "Group practice" means a group of two or more holders	38562
of certificates under this chapter legally organized as a	38563
partnership, professional corporation or association, limited	38564
liability company, foundation, nonprofit corporation, faculty	38565
practice plan, or similar group practice entity, including an	38566
organization comprised of a nonprofit medical clinic that	38567
contracts with a professional corporation or association of	38568
physicians to provide medical services exclusively to patients of	38569
the clinic in order to comply with section 1701.03 of the Revised	38570
Code and including a corporation, limited liability company,	38571
partnership, or professional association described in division (B)	38572
of section 4731.226 of the Revised Code formed for the purpose of	38573
providing a combination of the professional services of	38574
optometrists who are licensed, certificated, or otherwise legally	38575
authorized to practice optometry under Chapter 4725. of the	38576
Revised Code, chiropractors who are licensed, certificated, or	38577
otherwise legally authorized to practice chiropractic under	38578
Chapter 4734. of the Revised Code, psychologists who are licensed,	38579
certificated, or otherwise legally authorized to practice	38580
psychology under Chapter 4732. of the Revised Code, registered or	38581
licensed practical nurses who are licensed, certificated, or	38582
otherwise legally authorized to practice nursing under Chapter	38583
4723. of the Revised Code, pharmacists who are licensed,	38584
certificated, or otherwise legally authorized to practice pharmacy	38585
under Chapter 4729. of the Revised Code, physical therapists who	38586
are licensed, certificated, or otherwise legally authorized to	38587
practice physical therapy under sections 4755.40 to 4755.53 of the	38588
Revised Code, mechanotherapists who are licensed, certificated, or	38589
otherwise legally authorized to practice mechanotherapy under	38590
section 4731.151 of the Revised Code, and doctors of medicine and	38591
surgery, osteopathic medicine and surgery, or podiatric medicine	38592
and surgery who are licensed, certificated, or otherwise legally	38593
authorized for their respective practices under this chapter, to	38594
which all of the following apply:	38595

(a) Each physician who is a member of the group practice	38596
provides substantially the full range of services that the	38597
physician routinely provides, including medical care,	38598
consultation, diagnosis, or treatment, through the joint use of	38599
shared office space, facilities, equipment, and personnel.	38600

(b) Substantially all of the services of the members of the	38601
group are provided through the group and are billed in the name of	38602
the group and amounts so received are treated as receipts of the	38603
group.	38604

(c) The overhead expenses of and the income from the practice	38605
are distributed in accordance with methods previously determined	38606
by members of the group.	38607

(d) The group practice meets any other requirements that the	38608
state medical board applies in rules adopted under section 4731.70	38609
of the Revised Code.	38610

(2) In the case of a faculty practice plan associated with a	38611
hospital with a medical residency training program in which	38612
physician members may provide a variety of specialty services and	38613
provide professional services both within and outside the group,	38614
as well as perform other tasks such as research, the criteria in	38615
division (E)(1) of this section apply only with respect to	38616
services rendered within the faculty practice plan.	38617

(F) "Home health care services" and "immediate family" have	38618
the same meanings as in the rules adopted under section 4731.70 of	38619
the Revised Code.	38620

(G) "Hospital" has the same meaning as in section 3727.01 of	38621
the Revised Code.	38622

(H) A "referral" includes both of the following:

38623

(1) A request by a holder of a certificate under this chapter	38624
for an item or service, including a request for a consultation	38625
with another physician and any test or procedure ordered by or to	38626
be performed by or under the supervision of the other physician;	38627

(2) A request for or establishment of a plan of care by a	38628
certificate holder that includes the provision of designated	38629
health services.	38630

(I) "Third-party payer" has the same meaning as in section	38631
3901.38 of the Revised Code.	38632

Sec. 4731.71. The auditor of state may implement procedures	38633
to detect violations of section 4731.66 or 4731.69 of the Revised	38634
Code within governmental health care programs administered by the	38635
state. The auditor of state shall report any violation of either	38636
section to the state medical board and shall certify to the	38637
attorney general in accordance with section 131.02 of the Revised	38638
Code the amount of any refund owed to a state-administered	38639
governmental health care program under section 4731.69 of the	38640
Revised Code as a result of a violation. If a refund is owed to	38641
the medical assistance program established under Chapter 5111. of	38642
the Revised Code ~~or the disability medical assistance program~~	38643
~~established under Chapter 5115. of the Revised Code~~, the auditor	38644
of state also shall report the amount to the department of	38645
commerce.	38646

The state medical board also may implement procedures to	38647
detect violations of section 4731.66 or 4731.69 of the Revised	38648
Code.	38649

Sec. 4736.11. The state board of sanitarian registration	38650
shall issue a certificate of registration to any applicant whom it	38651
registers as a sanitarian or a sanitarian-in-training. Such	38652
certificate shall bear:	38653

(A) The name of the person;

38654

(B) The date of issue;

38655

38656

(D) The seal of the board and signature of the ~~chairman~~	38657
chairperson of the board;	38658

(E) The designation "registered sanitarian" or	38659
"sanitarian-in-training."	38660

Certificates of registration shall expire annually on the	38661
date fixed by the board and become invalid on that date unless	38662
renewed pursuant to this section. All registered sanitarians shall	38663
be required annually to complete a continuing education program in	38664
subjects relating to practices of the profession as a sanitarian	38665
to the end that the utilization and application of new techniques,	38666
scientific advancements, and research findings will assure	38667
comprehensive service to the public. The board shall prescribe by	38668
rule a continuing education program for registered sanitarians to	38669
meet this requirement. The length of study for this program shall	38670
be determined by the board but shall be not less than six nor more	38671
than twenty-five hours during the calendar year. At least once	38672
annually the board shall ~~mail~~provide to each registered	38673
sanitarian a list of courses approved by the board as satisfying	38674
the program prescribed by rule. Upon the request of a registered	38675
sanitarian, the secretary shall supply a list of ~~any additional~~	38676
applicable courses that the board has approved ~~since the most~~	38677
~~recent mailing~~. A certificate may be renewed for a period of one	38678
year at any time prior to the date of expiration upon payment of	38679
the renewal fee prescribed by section 4736.12 of the Revised Code	38680
and upon showing proof of having complied with the continuing	38681
education requirements of this section. The state board of	38682
sanitarian registration may waive the continuing education	38683
requirement in cases of certified illness or disability which	38684
prevents the attendance at any qualified educational seminars	38685
during the twelve months immediately preceding the annual	38686
certificate of registration renewal date. Certificates which	38687
expire may be reinstated under rules adopted by the board.	38688

Sec. 4736.12. (A) The state board of sanitarian registration	38689
shall charge the following fees:	38690

(1) To apply as a sanitarian-in-training, ~~seventy-five~~eighty	38691
dollars;	38692

(2) For sanitarians-in-training to apply for registration as	38693
sanitarians, ~~seventy-five~~eighty dollars. The applicant shall pay	38694
this fee only once regardless of the number of times the applicant	38695
takes an examination required under section 4736.08 of the Revised	38696
Code.	38697

(3) For persons other than sanitarians-in-training to apply	38698
for registration as sanitarians, including persons meeting the	38699
requirements of section 4736.16 of the Revised Code, one hundred	38700
~~fifty~~sixty dollars. The applicant shall pay this fee only once	38701
regardless of the number of times the applicant takes an	38702
examination required under section 4736.08 of the Revised Code.	38703

(4) The renewal fee for registered sanitarians shall be	38704
~~sixty-nine~~seventy-four dollars.	38705

(5) The renewal fee for sanitarians-in-training shall be	38706
~~sixty-nine~~seventy-four dollars.	38707

(6) For late application for renewal, ~~twenty-five~~	38708
twenty-seven dollars.	38709

The board of sanitarian registration, with the approval of	38710
the controlling board, may establish fees in excess of the amounts	38711
provided in this section, provided that such fees do not exceed	38712
the amounts permitted by this section by more than fifty per cent.	38713

(B) The board of sanitarian registration shall charge	38714
separate fees for examinations as required by section 4736.08 of	38715
the Revised Code, provided that the fees are not in excess of the	38716
actual cost to the board of conducting the examinations.	38717

(C) The board of sanitarian registration may adopt rules	38718
establishing fees for all of the following:	38719

(1) Application for the registration of a training agency	38720
approved under rules adopted by the board pursuant to section	38721
4736.11 of the Revised Code and for the annual registration	38722
renewal of an approved training agency.	38723

(2) Application for the review of continuing education hours	38724
submitted for the board's approval by approved training agencies	38725
or by registered sanitarians or sanitarians-in-training.	38726

Sec. 4753.03. There is hereby created the board of	38727
speech-language pathology and audiology consisting of eight	38728
residents of this state to be appointed by the governor with the	38729
advice and consent of the senate. Three members of the board shall	38730
be licensed speech-language pathologists, and three members shall	38731
be licensed audiologists, who have been licensed and engaged in	38732
the practice, teaching, administration, or research in the area of	38733
appointment for at least five years prior to the dates of their	38734
appointment. Beginning with the first appointment of an	38735
audiologist to the board after ~~the effective date of this~~	38736
~~amendment~~November 5, 1992, at all times one of the audiologists	38737
serving on the board must be an audiologist engaged in the	38738
practice of fitting and dispensing hearing aids. At all times, two	38739
members shall be representatives of the general public, and	38740
neither shall be a speech-language pathologist or audiologist or a	38741
person licensed under this chapter. At least one of the members	38742
representing the general public shall be at least sixty years of	38743
age. ~~Any speech-language pathologists and audiologists among the~~	38744
~~initial appointees shall have at least a bachelor's degree in~~	38745
~~speech-language pathology or audiology and shall meet the~~	38746
~~standards for licensure, other than examination, established by~~	38747
~~section 4753.06 or 4753.08 of the Revised Code. Any~~	38748
~~speech-language pathologist or audiologist appointed to the board~~	38749
~~after the effective date of this amendment, must hold a master's~~	38750
~~or doctorate degree.~~	38751

Terms of office shall be for three years, each term	38752
commencing on the twenty-seventh day of September and ending on	38753
the twenty-sixth day of September. Each member shall hold office	38754
from the date of ~~his~~ appointment until the end of the term for	38755
which ~~he was~~ appointed. Any member appointed to fill a vacancy	38756
occurring prior to the expiration of the term for which ~~his~~the	38757
member's predecessor was appointed shall hold office for the	38758
remainder of such term. Any member shall continue in office	38759
subsequent to the expiration date of ~~his~~the member's term until	38760
~~his~~the member's successor takes office, or until a period of	38761
sixty days has elapsed, whichever occurs first. No person shall be	38762
appointed to serve consecutively more than two full terms. The	38763
executive council of the Ohio speech and hearing association may	38764
recommend, within forty-five days after any vacancy or expiration	38765
of a member's term occurs, no more than three persons to fill each	38766
position or vacancy on the board, and the governor may make ~~his~~	38767
the appointment from the persons so recommended. If the council	38768
fails to make recommendations within the required time, the	38769
governor shall make the appointment without its recommendations.	38770

The terms of all speech-language pathology members shall not	38771
end in the same year; the terms of all audiology members shall not	38772
end in the same year. Upon the first appointment following ~~the~~	38773
~~effective date of this amendment~~November 5, 1992, the governor	38774
shall appoint speech-language pathology members and audiology	38775
members to one-, two-, or three-year terms to prevent the terms of	38776
all speech-language pathology members or all audiology members	38777
from ending in the same year. Thereafter, all terms shall be for	38778
three years.	38779

Sec. 4753.06. No person is eligible for licensure as a	38780
speech-language pathologist or audiologist unless:	38781

(A) HeThe person has obtained a broad general education to	38782
serve as a background for ~~his~~the person's specialized academic	38783
training and preparatory professional experience. Such background	38784
may include study from among the areas of human psychology,	38785
sociology, psychological and physical development, the physical	38786
sciences, especially those that pertain to acoustic and biological	38787
phenomena, and human anatomy and physiology, including	38788
neuroanatomy and neurophysiology.	38789

(B) HeIf the person seeks licensure as a speech-language	38790
pathologist, the person submits to the board of speech-language	38791
pathology and audiology an official transcript demonstrating that	38792
hethe person has at least a master's degree in ~~the area in which~~	38793
~~licensure is sought~~speech-language pathology or the equivalent as	38794
determined by the board. ~~His~~The person's academic credit must	38795
include course work accumulated in the completion of a	38796
well-integrated course of study approved by the board and	38797
delineated by rule dealing with the normal aspects of human	38798
communication, development and disorders thereof, and clinical	38799
techniques for the evaluation and the improvement or eradication	38800
of such disorders. The course work must have been completed at	38801
colleges or universities accredited by regional or national	38802
accrediting organizations recognized by the board.	38803

(C) HeIf the person seeks licensure as an audiologist, the	38804
person submits to the board an official transcript demonstrating	38805
that the person has at least a doctor of audiology degree or the	38806
equivalent as determined by the board. The person's academic	38807
credit must include course work accumulated in the completion of a	38808
well-integrated course of study approved by the board and	38809
delineated by rules dealing with the normal aspects of human	38810
hearing, balance, and related development and clinical evaluation,	38811
audiologic diagnosis, and treatment of disorders of human hearing,	38812
balance, and related development. The course work must have been	38813
completed in an audiology program that is accredited by an	38814
organization recognized by the United States department of	38815
education and operated by a college or university accredited by a	38816
regional or national accrediting organization recognized by the	38817
board.	38818

(D) The person submits to the board evidence of the	38819
completion of appropriate, supervised clinical experience in the	38820
professional area, speech-language pathology or audiology, for	38821
which licensure is requested, dealing with a variety of	38822
communication disorders. The appropriateness of the experience	38823
shall be determined under rules of the board. This experience	38824
shall have been obtained in an accredited college or university,	38825
in a cooperating program of an accredited college or university,	38826
or in another program approved by the board.	38827

~~(D) He~~(E) The person submits to the board evidence that the	38828
person has passed the examination for licensure to practice	38829
speech-language pathology or audiology pursuant to division (B) of	38830
section 4753.05 of the Revised Code.	38831

(F) If the person submits to the board an application for	38832
licensure as an audiologist before January 1, 2006, and meets the	38833
requirements of division (B) of this section regarding a master's	38834
degree in audiology as that division existed on December 31, 2005,	38835
but not the requirements of division (C) of this section regarding	38836
a doctor of audiology degree or if the person seeks licensure as a	38837
speech-language pathologist, the person presents to the board	38838
written evidence that hethe person has obtained professional	38839
experience. The professional experience shall be appropriately	38840
supervised as determined by board rule. The amount of professional	38841
experience shall be determined by board rule and shall be bona	38842
fide clinical work that has been accomplished in the major	38843
professional area, speech-language pathology or audiology, in	38844
which licensure is being sought. ~~This~~If the person seeks	38845
licensure as a speech-language pathologist, this experience shall	38846
not begin until the requirements of divisions (B) ~~and (C)~~, (D),	38847
and (E) of this section have been completed unless approved by the	38848
board. If the person seeks licensure as an audiologist, this	38849
experience shall not begin until the requirements of division (B)	38850
of this section, as that division existed on December 31, 2005,	38851
and divisions (D) and (E) of this section have been completed	38852
unless approved by the board. Before beginning the supervised	38853
professional experience pursuant to this section, ~~any~~the	38854
applicant for licensure to practice speech-language pathology or	38855
audiology shall ~~meet the requirements for~~obtain a conditional	38856
license pursuant to section 4753.071 of the Revised Code.	38857

~~(E) He submits to the board evidence that he has passed the~~	38858
~~examination for licensure to practice speech-language pathology or~~	38859
~~audiology pursuant to division (B) of section 4753.05 of the~~	38860
~~Revised Code.~~	38861

Sec. 4753.071. A person who is required to meet the	38862
supervised professional experience requirement of division (F) of	38863
section 4753.06 of the Revised Code shall submit to the board of	38864
speech-language pathology and audiology an application for a	38865
conditional license. The application shall include a plan for the	38866
content of the supervised professional experience on a form the	38867
board shall prescribe. The board ~~of speech-language pathology and~~	38868
~~audiology~~ shall issue athe conditional license to anthe	38869
applicant ~~who, except for the supervised professional experience:~~	38870

~~(A) Meets~~if the applicant meets the ~~academic, practicum, and~~	38871
~~examination~~ requirements of ~~divisions (B), (C), and (E) of~~ section	38872
4753.06 of the Revised Code;	38873

~~(B) Submits an application to the board, including a plan for~~	38874
~~the content of the supervised professional experience on a form~~	38875
~~prescribed by the board~~, other than the requirement to have	38876
obtained the supervised professional experience, and pays to the	38877
board the appropriate fee for a conditional license. An applicant	38878
may not begin employment until the conditional license has been	38879
~~approved~~issued.	38880

A conditional license authorizes an individual to practice	38881
speech-language pathology or audiology while completing the	38882
supervised professional experience as required by division ~~(D)~~(F)	38883
of section 4753.06 of the Revised Code. A person holding a	38884
conditional license may practice speech-language pathology or	38885
audiology while working under the supervision of a person fully	38886
licensed in accordance with this chapter. A conditional license is	38887
valid for eighteen months unless suspended or revoked pursuant to	38888
section 3123.47 or 4753.10 of the Revised Code.	38889

A person holding a conditional license may perform services	38890
for which reimbursement will be sought under the medicare program	38891
established under Title XVIII of the "Social Security Act," 4979	38892
Stat. ~~620~~286 (~~1935~~1965), 42 U.S.C. ~~301~~1395, as amended, or the	38893
~~medical assistance~~medicaid program established under Chapter	38894
5111. of the Revised Code ~~and Title XIX of the "Social Security~~	38895
~~Act"~~ but all requests for reimbursement for such services shall be	38896
made by the person who supervises the person performing the	38897
services.	38898

Sec. 4753.08. The board of speech-language pathology and	38899
audiology shall waive the examination, educational, and	38900
professional experience requirements for any applicant who meets	38901
any of the following requirements:	38902

(A) On September 26, 1975, has at least a bachelor's degree	38903
with a major in speech-language pathology or audiology from an	38904
accredited college or university, or who has been employed as a	38905
speech-language pathologist or audiologist for at least nine	38906
months at any time within the three years prior to September 26,	38907
1975, if an application providing bona fide proof of such degree	38908
or employment is filed with the board within one year after	38909
September 26, 1975, and is accompanied by the application fee as	38910
prescribed in division (A) of section 4753.11 of the Revised Code;	38911

(B) Presents proof of current certification or licensure in	38912
good standing in the area in which licensure is sought in a state	38913
~~which~~that has standards at least equal to ~~those~~the standards for	38914
licensure that are in effect in this state at the time the	38915
applicant applies for the license;	38916

38917

(1) Having current certification or licensure in good	38918
standing in audiology in a state that has standards at least equal	38919
to the standards for licensure as an audiologist that were in	38920
effect in this state on December 31, 2005;	38921

(2) Having first obtained that certification or licensure not	38922
later than December 31, 2007.	38923

(D) Presents proof of a current certificate of clinical	38924
competence in speech-language pathology or audiology that is in	38925
good standing and received from the American	38926
speech-language-hearing association in the area in which licensure	38927
is sought.	38928

Sec. 4753.09. Except as provided in this section and in	38929
section 4753.10 of the Revised Code, a license issued by the board	38930
of speech-language pathology and audiology shall be renewed	38931
biennially in accordance with the standard renewal procedure	38932
contained in Chapter 4745. of the Revised Code. If the application	38933
for renewal is made ~~after~~ one year or longer after the renewal	38934
application is due, the person shall apply for licensure as	38935
provided in section 4753.06 or division (B) or, (C), or (D) of	38936
section 4753.08 of the Revised Code. The board shall not renew a	38937
conditional license; however, the board may grant an applicant a	38938
second conditional license.	38939

The board shall establish by rule adopted pursuant to Chapter	38940
119. of the Revised Code the qualifications for license renewal.	38941
Applicants shall demonstrate continued competence, which may	38942
include continuing education, examination, self-evaluation, peer	38943
review, performance appraisal, or practical simulation. The board	38944
may establish other requirements as a condition for license	38945
renewal as considered appropriate by the board.	38946

The board may renew a license which expires while the license	38947
is suspended, but the renewal shall not affect the suspension. The	38948
board shall not renew a license which has been revoked. If a	38949
revoked license is reinstated under section 4753.10 of the Revised	38950
Code after it has expired, the licensee, as a condition of	38951
reinstatement, shall pay a reinstatement fee in the amount equal	38952
to the renewal fee in effect on the last preceding regular renewal	38953
date on which it is reinstated, plus any delinquent fees accrued	38954
from the time of the revocation, if such a fee is prescribed by	38955
the board by rule. ~~A license shall not be renewed six years after~~	38956
~~the initial date on which the license was granted for a person~~	38957
~~initially licensed by exemption until that person presents to the~~	38958
~~board proof of completion of the following requirements:~~	38959

~~(A) Upon presentation of proof of a bachelor's degree with a~~	38960
~~major in the area of licensure or successful completion of at~~	38961
~~least eighteen semester hours of academic credit, or its~~	38962
~~equivalent as determined by the board by rule for colleges and~~	38963
~~universities not using semesters, accumulated from accredited~~	38964
~~colleges and universities. These eighteen semester hours shall be~~	38965
~~in a variety of courses that provide instruction related to the~~	38966
~~nature of communication disorders and present information~~	38967
~~pertaining to and training in the evaluation and management of~~	38968
~~speech, language, and hearing disorders and shall be in the~~	38969
~~professional area, speech-language pathology or audiology, for~~	38970
~~which licensure is requested.~~	38971

~~(B) Successful completion of at least one hundred fifty clock~~	38972
~~hours of appropriately supervised, as determined by board rule,~~	38973
~~clinical experience in the professional area, speech-language~~	38974
~~pathology or audiology, for which licensure is requested, with~~	38975
~~individuals who present a variety of communication disorders, and~~	38976
~~the experience shall have been obtained under the supervision of a~~	38977
~~licensed speech-language pathologist or audiologist, or within~~	38978
~~another program approved by the board.~~	38979

Sec. 4757.30. (A) The counselor, social worker, and marriage	38980
and family therapist board shall, after reviewing the report	38981
submitted to it by the marriage and family therapist professional	38982
standards committee, issue a license as a marriage and family	38983
therapist to a person who has done all of the following:	38984

(1) Properly completed an application for the license;

38985

(2) Paid the required fee established by the board under	38986
section 4757.31 of the Revised Code;	38987

(3) Achieved one of the following:

38988

(a) Received from an educational institution accredited at	38989
the time the degree was granted by a regional accrediting	38990
organization recognized by the board a master's degree or a	38991
doctorate in marriage and family therapy;	38992

(b) Completed a graduate degree that includes a minimum of	38993
ninety quarter hours of graduate level course work in marriage and	38994
family therapy training that is acceptable to the committee;	38995

(4) Passed an examination administered by the board for the	38996
purpose of determining the person's ability to be a marriage and	38997
family therapist;	38998

(5) Completed a practicum that includes at least three	38999
hundred hours of client contact.	39000

(B) To be accepted by the committee for purposes of division	39001
(A)(3)(b) of this section, marriage and family therapist training	39002
must include instruction in at least the following: research,	39003
professional ethics, marriage and family studies, marriage and	39004
family therapy, human development, appraisal of individuals and	39005
families, and systems theory.	39006

(C) The board shall, after reviewing the report submitted to	39007
it by the marriage and family therapist professional standards	39008
committee, issue a license as an independent marriage and family	39009
therapist to a person who meets all of the requirements of	39010
division (A) of this section and, after meeting the requirements	39011
under division (A)(3) of this section, completes at least two	39012
calendar years of work experience in marriage and family therapy,	39013
including one thousand hours of documented client contact in	39014
marriage and family therapy. Two hundred hours of the one thousand	39015
hours must be supervised by a supervisor whose training and	39016
experience meets standards established by the board in rules	39017
adopted under section 4757.10 of the Revised Code and one hundred	39018
hours of the two hundred hours of supervision must be individual	39019
supervision.	39020

(D) The board shall waive the requirements of divisions	39021
(A)(4) and (B) of this section for an applicant seeking licensure	39022
under division (A) or (C) of this section for the two years	39023
immediately following ~~the effective date of this section~~April 7,	39024
2003, if the applicant presents satisfactory evidence of both of	39025
the following:	39026

(1) That the applicant engaged in the practice of marriage	39027
and family therapy for a total of not less than five years prior	39028
to ~~the effective date of this section~~April 7, 2003;	39029

(2) That, at the time of application, the applicant is an	39030
associate or clinical member of the American association of	39031
marriage and family therapists.	39032

(E) An independent marriage and family therapist or a	39033
marriage and family therapist may engage in the private practice	39034
of marriage and family therapy as an individual practitioner or as	39035
a member of a partnership or group practice.	39036

(F) A marriage and family therapist or independent marriage	39037
and family therapist may diagnose and treat mental and emotional	39038
disorders only under the supervision of a psychologist,	39039
psychiatrist, professional clinical counselor, or independent	39040
social worker~~, or independent marriage and family therapist. An~~	39041
~~independent marriage and family therapist may diagnose and treat~~	39042
~~mental and emotional disorders without supervision~~.	39043

(G) Nothing in this chapter or rules adopted under it	39044
authorizes an independent marriage and family therapist or a	39045
marriage and family therapist to admit a patient to a hospital or	39046
requires a hospital to allow a marriage and family therapist to	39047
admit a patient.	39048

Sec. 4775.04. (A) The board of motor vehicle collision	39049
repair registration shall do all of the following:	39050

(1) Adopt rules as necessary to carry out the purposes of	39051
this chapter. The rules shall include requirements for the type of	39052
liability insurance required under division (A) of section 4775.07	39053
of the Revised Code. The rules shall permit the use of an	39054
insurance policy issued by any insurer authorized to issue that	39055
type of insurance in this state.	39056

(2) Appoint an executive director to serve at the pleasure of	39057
the board;	39058

(3) Direct the executive director as to how the executive	39059
director shall perform the duties imposed under this chapter;	39060

(4) Consider and make recommendations in regard to all	39061
matters submitted to the board by the executive director;	39062

(5) Through the executive director or its enforcement agents,	39063
work with appropriate local fire departments and appropriate local	39064
certified building departments to locate persons operating places	39065
of business as a motor vehicle collision repair operator without a	39066
temporary or regular registration certificate issued under this	39067
chapter for that place of business;	39068

(6) Determine whether to refuse to issue or renew a	39069
registration certificate or determine whether to waive a	39070
suspension of a registration certificate as provided in division	39071
(D) of section 4775.07 of the Revised Code;	39072

~~(6)~~(7) Do all acts and perform all functions as are necessary	39073
for the administration and enforcement of this chapter.	39074

(B) Nothing in this chapter shall be interpreted as granting	39075
the board any authority over a motor vehicle collision repair	39076
operator concerning the quality of work performed in the repair	39077
of, or installation of parts on, motor vehicles.	39078

Sec. 4905.10. (A) For the sole purpose of maintaining and	39079
administering the public utilities commission and exercising its	39080
supervision and jurisdiction over the railroads and public	39081
utilities of this state, an amount equivalent to the appropriation	39082
from the public utilities fund created under division (B) of this	39083
section to the public utilities commission for railroad and public	39084
utilities regulation in each fiscal year shall be apportioned	39085
among and assessed against each railroad and public utility within	39086
this state by the commission by first computing an assessment as	39087
though it were to be made in proportion to the intrastate gross	39088
earnings or receipts, excluding earnings or receipts from sales to	39089
other public utilities for resale, of the railroad or public	39090
utility for the calendar year next preceding that in which the	39091
assessment is made. The commission may include in that first	39092
computation any amount of a railroad's or public utility's	39093
intrastate gross earnings or receipts that were underreported in a	39094
prior year. In addition to whatever penalties apply under the	39095
Revised Code to such underreporting, the commission shall assess	39096
the railroad or public utility interest at the rate stated in	39097
division (A) of section 1343.01 of the Revised Code. The	39098
commission shall deposit any interest so collected into the public	39099
utilities fund. The commission may exclude from that first	39100
computation any such amounts that were overreported in a prior	39101
year.	39102

The final computation of the assessment shall consist of	39103
imposing upon each railroad and public utility whose assessment	39104
under the first computation would have been ~~fifty~~one hundred	39105
dollars or less an assessment of ~~fifty~~one hundred dollars and	39106
recomputing the assessments of the remaining railroads and public	39107
utilities by apportioning an amount equal to the appropriation to	39108
the public utilities commission for administration of the	39109
utilities division in each fiscal year less the total amount to be	39110
recovered from those paying the minimum assessment, in proportion	39111
to the intrastate gross earnings or receipts of the remaining	39112
railroads and public utilities for the calendar year next	39113
preceding that in which the assessments are made.	39114

In the case of an assessment based on intrastate gross	39115
receipts under this section against a public utility that is an	39116
electric utility as defined in section 4928.01 of the Revised	39117
Code, or an electric services company, electric cooperative, or	39118
governmental aggregator subject to certification under section	39119
4928.08 of the Revised Code, such receipts shall be those	39120
specified in the utility's, company's, cooperative's, or	39121
aggregator's most recent report of intrastate gross receipts and	39122
sales of kilowatt hours of electricity, filed with the commission	39123
pursuant to division (F) of section 4928.06 of the Revised Code,	39124
and verified by the commission.	39125

In the case of an assessment based on intrastate gross	39126
receipts under this section against a retail natural gas supplier	39127
or governmental aggregator subject to certification under section	39128
4929.20 of the Revised Code, such receipts shall be those	39129
specified in the supplier's or aggregator's most recent report of	39130
intrastate gross receipts and sales of hundred cubic feet of	39131
natural gas, filed with the commission pursuant to division (B) of	39132
section 4929.23 of the Revised Code, and verified by the	39133
commission. However, no such retail natural gas supplier or such	39134
governmental aggregator serving or proposing to serve customers of	39135
a particular natural gas company, as defined in section 4929.01 of	39136
the Revised Code, shall be assessed under this section until after	39137
the commission, pursuant to section 4905.26 or 4909.18 of the	39138
Revised Code, has removed from the base rates of the natural gas	39139
company the amount of assessment under this section that is	39140
attributable to the value of commodity sales service, as defined	39141
in section 4929.01 of the Revised Code, in the base rates paid by	39142
those customers of the company that do not purchase that service	39143
from the natural gas company.	39144

(B) OnThrough calendar year 2005, on or before the first day	39145
of October in each year, the commission shall notify each such	39146
railroad and public utility of the sum assessed against it,	39147
whereupon payment shall be made to the commission, which shall	39148
deposit it into the state treasury to the credit of the public	39149
utilities fund, which is hereby created. Beginning in calendar	39150
year 2006, on or before the fifteenth day of May in each year, the	39151
commission shall notify each railroad and public utility that had	39152
a sum assessed against it for the current fiscal year of more than	39153
one thousand dollars that fifty per cent of that amount shall be	39154
paid to the commission by the twentieth day of June of that year	39155
as an initial payment of the assessment against the company for	39156
the next fiscal year. On or before the first day of October in	39157
each year, the commission shall make a final determination of the	39158
sum of the assessment against each railroad and public utility and	39159
shall notify each railroad and public utility of the sum assessed	39160
against it. The commission shall deduct from the assessment for	39161
each railroad or public utility any initial payment received.	39162
Payment of the assessment shall be made to the commission by the	39163
first day of November of that year. The commission shall deposit	39164
the payments received into the state treasury to the credit of the	39165
public utilities fund. Any such amounts paid into the fund but not	39166
expended by the commission shall be credited ratably, after first	39167
deducting any deficits accumulated from prior years, by the	39168
commission to railroads and public utilities that pay more than	39169
the minimum assessment, according to the respective portions of	39170
such sum assessable against them for the ensuing ~~calendar~~fiscal	39171
year. The assessments for such ~~calendar~~fiscal year shall be	39172
reduced correspondingly.	39173

(C) Within five days after the beginning of each fiscal year	39174
through fiscal year 2006, the director of budget and management	39175
shall transfer from the general revenue fund to the public	39176
utilities fund an amount sufficient for maintaining and	39177
administering the public utilities commission and exercising its	39178
supervision and jurisdiction over the railroads and public	39179
utilities of the state during the first four months of the fiscal	39180
year. The director shall transfer the same amount back to the	39181
general revenue fund from the public utilities fund at such time	39182
as the director determines that the balance of the public	39183
utilities fund is sufficient to support the appropriations from	39184
the fund for the fiscal year. The director may transfer less than	39185
that amount if the director determines that the revenues of the	39186
public utilities fund during the fiscal year will be insufficient	39187
to support the appropriations from the fund for the fiscal year,	39188
in which case the amount not paid back to the general revenue fund	39189
shall be payable to the general revenue fund in future fiscal	39190
years.	39191

(D) For the purpose of this section only, "public utility"	39192
includes:	39193

(1) In addition to an electric utility as defined in section	39194
4928.01 of the Revised Code, an electric services company, an	39195
electric cooperative, or a governmental aggregator subject to	39196
certification under section 4928.08 of the Revised Code, to the	39197
extent of the company's, cooperative's, or aggregator's engagement	39198
in the business of supplying or arranging for the supply in this	39199
state of any retail electric service for which it must be so	39200
certified;	39201

(2) In addition to a natural gas company as defined in	39202
section 4929.01 of the Revised Code, a retail natural gas supplier	39203
or governmental aggregator subject to certification under section	39204
4929.20 of the Revised Code, to the extent of the supplier's or	39205
aggregator's engagement in the business of supplying or arranging	39206
for the supply in this state of any competitive retail natural gas	39207
service for which it must be certified.	39208

(E) Each public utilities commissioner shall receive a salary	39209
fixed at the level set by pay range 49 under schedule E-2 of	39210
section 124.152 of the Revised Code.	39211

Sec. 4905.261. The public utilities commission shall operate	39212
a telephone call center for consumer complaints, to receive	39213
complaints by any person, firm, or corporation against any public	39214
utility.	39215

Sec. 4905.54. Every public utility or railroad and every	39216
officer of a public utility or railroad shall comply with every	39217
order, direction, and requirement of the public utilities	39218
commission made under authority of this chapter and Chapters	39219
4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code,	39220
so long as they remain in force. Except as otherwise specifically	39221
provided in sections 4905.83, 4905.95, 4919.99, 4921.99, and	39222
4923.99 of the Revised Code, the public utilities commission may	39223
assess a forfeiture of not more than ten thousand dollars for each	39224
violation or failure against a public utility or railroad that	39225
violates a provision of those chapters or that after due notice	39226
fails to comply with an order, direction, or requirement of the	39227
commission that was officially promulgated ~~shall forfeit to the~~	39228
~~state not more than one thousand dollars for each such violation~~	39229
~~or failure~~. Each day's continuance of the violation or failure is	39230
a separate offense. All forfeitures collected under this section	39231
shall be credited to the general revenue fund.	39232

Sec. 4905.95. (A) Except as otherwise provided in division	39233
(C) of this section:	39234

(1) The public utilities commission, regarding any proceeding	39235
under this section, shall provide reasonable notice and the	39236
opportunity for a hearing in accordance with rules adopted under	39237
section 4901.13 of the Revised Code.	39238

(2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and	39239
4903.20 to 4903.23 of the Revised Code apply to all proceedings	39240
and orders of the commission under this section and to all	39241
operators subject to those proceedings and orders.	39242

(B) If, pursuant to a proceeding it specially initiates or to	39243
any other proceeding and after the hearing provided for under	39244
division (A) of this section, the commission finds that:	39245

(1) An operator has violated or failed to comply with, or is	39246
violating or failing to comply with, sections 4905.90 to 4905.96	39247
of the Revised Code or the pipe-line safety code, the commission	39248
by order:	39249

(a) Shall require the operator to comply and to undertake	39250
corrective action necessary to protect the public safety;	39251

(b) May assess upon the operator forfeitures of not more than	39252
~~ten~~one hundred thousand dollars for each day of each violation or	39253
noncompliance, except that the aggregate of such forfeitures shall	39254
not exceed ~~five hundred thousand~~one million dollars for any	39255
related series of violations or noncompliances. In determining the	39256
amount of any such forfeiture, the commission shall consider all	39257
of the following:	39258

(i) The gravity of the violation or noncompliance;

39259

(ii) The operator's history of prior violations or	39260
noncompliances;	39261

(iii) The operator's good faith efforts to comply and	39262
undertake corrective action;	39263

(iv) The operator's ability to pay the forfeiture;

39264

(v) The effect of the forfeiture on the operator's ability to	39265
continue as an operator;	39266

(vi) Such other matters as justice may require.

39267

All forfeitures collected under this division or section 4905.96	39268
of the Revised Code shall be deposited in the state treasury to	39269
the credit of the general revenue fund.	39270

(c) May direct the attorney general to seek the remedies	39271
provided in section 4905.96 of the Revised Code.	39272

(2) An intrastate pipe-line transportation facility is	39273
hazardous to life or property, the commission by order:	39274

(a) Shall require the operator of the facility to take	39275
corrective action to remove the hazard. Such corrective action may	39276
include suspended or restricted use of the facility, physical	39277
inspection, testing, repair, replacement, or other action.	39278

(b) May direct the attorney general to seek the remedies	39279
provided in section 4905.96 of the Revised Code.	39280

(C) If, pursuant to a proceeding it specially initiates or to	39281
any other proceeding, the commission finds that an emergency	39282
exists due to a condition on an intrastate pipe-line	39283
transportation facility posing a clear and immediate danger to	39284
life or health or threatening a significant loss of property and	39285
requiring immediate corrective action to protect the public	39286
safety, the commission may issue, without notice or prior hearing,	39287
an order reciting its finding and may direct the attorney general	39288
to seek the remedies provided in section 4905.96 of the Revised	39289
Code. The order shall remain in effect for not more than forty	39290
days after the date of its issuance. The order shall provide for a	39291
hearing as soon as possible, but not later than thirty days after	39292
the date of its issuance. After the hearing the commission shall	39293
continue, revoke, or modify the order and may make findings under	39294
and seek appropriate remedies as provided in division (B) of this	39295
section.	39296

Sec. 4911.02. (A) The consumers' counsel shall be appointed	39297
by the consumers' counsel governing board, and shall hold office	39298
at the pleasure of the board.	39299

(B)(1) The counsel may sue or be sued and has the powers and	39300
duties granted ~~him~~the counsel under this chapter, and all	39301
necessary powers to carry out the purposes of this chapter.	39302

(2) Without limitation because of enumeration, the counsel:

39303

(a) Shall have all the rights and powers of any party in	39304
interest appearing before the public utilities commission	39305
regarding examination and cross-examination of witnesses,	39306
presentation of evidence, and other matters;	39307

(b) May take appropriate action with respect to written	39308
residential consumer complaints concerning quality of service,	39309
service charges, and the operation of the public utilities	39310
commission;	39311

(c) May institute, intervene in, or otherwise participate in	39312
proceedings in both state and federal courts and administrative	39313
agencies on behalf of the residential consumers concerning review	39314
of decisions rendered by, or failure to act by, the public	39315
utilities commission;	39316

(d) May conduct long range studies concerning various topics	39317
relevant to the rates charged to ~~residenial~~residential consumers.	39318

Sec. 4911.021. The consumers' counsel shall not operate a	39319
telephone call consumer response center for residential consumer	39320
complaints. Any calls received by the consumers' counsel	39321
concerning residential consumer complaints shall be forwarded to	39322
the public utilities commission's call center.	39323

Sec. 4911.18. (A) For the sole purpose of maintaining and	39324
administering the office of the consumers' counsel and exercising	39325
the powers of the consumers' counsel under this chapter, an amount	39326
equal to the appropriation to the office of the consumers' counsel	39327
in each fiscal year shall be apportioned among and assessed	39328
against each public utility within this state, as defined in	39329
section 4911.01 of the Revised Code, by first computing an	39330
assessment as though it were to be made in proportion to the	39331
intrastate gross earnings or receipts of the public utility for	39332
the calendar year next preceding that in which the assessment is	39333
made, excluding earnings or receipts from sales to other public	39334
utilities for resale. The office may include in that first	39335
computation any amount of a public utility's intrastate gross	39336
earnings or receipts underreported in a prior year. In addition to	39337
whatever penalties apply under the Revised Code to such	39338
underreporting, the office shall assess the public utility	39339
interest at the rate stated in division (A) of section 1343.01 of	39340
the Revised Code. The office shall deposit any interest so	39341
collected into the consumers' counsel operating fund. The office	39342
may exclude from that first computation any such amounts that were	39343
over-reported in a prior year.	39344

The final computation of the assessment shall consist of	39345
imposing upon each public utility whose assessment under the first	39346
computation would have been ~~fifty~~one hundred dollars or less an	39347
assessment of ~~fifty~~one hundred dollars and recomputing the	39348
assessment of the remaining companies by apportioning an amount	39349
equal to the appropriation to the office of consumers' counsel in	39350
each fiscal year less the total amount to be recovered from those	39351
paying the minimum assessment, in proportion to the intrastate	39352
gross earnings or receipts of the remaining companies for the	39353
calendar year next preceding that in which the assessments are	39354
made, excluding earnings or receipts from sales to other public	39355
utilities for resale.	39356

In the case of an assessment based on intrastate gross	39357
receipts under this section against a public utility that is an	39358
electric utility as defined in section 4928.01 of the Revised	39359
Code, or an electric services company, electric cooperative, or	39360
governmental aggregator subject to certification under section	39361
4928.08 of the Revised Code, such receipts shall be those	39362
specified in the utility's, company's, cooperative's, or	39363
aggregator's most recent report of intrastate gross receipts and	39364
sales of kilowatt hours of electricity, filed with the public	39365
utilities commission pursuant to division (F) of section 4928.06	39366
of the Revised Code, and verified by the commission.	39367

In the case of an assessment based on intrastate gross	39368
receipts under this section against a retail natural gas supplier	39369
or governmental aggregator subject to certification under section	39370
4929.20 of the Revised Code, such receipts shall be those	39371
specified in the supplier's or aggregator's most recent report of	39372
intrastate gross receipts and sales of hundred cubic feet of	39373
natural gas, filed with the commission pursuant to division (B) of	39374
section 4929.23 of the Revised Code, and verified by the	39375
commission. However, no such retail natural gas supplier or such	39376
governmental aggregator serving or proposing to serve customers of	39377
a particular natural gas company, as defined in section 4929.01 of	39378
the Revised Code, shall be assessed under this section until after	39379
the commission, pursuant to section 4905.26 or 4909.18 of the	39380
Revised Code, has removed from the base rates of the natural gas	39381
company the amount of assessment under this section that is	39382
attributable to the value of commodity sales service, as defined	39383
in section 4929.01 of the Revised Code, in the base rates paid by	39384
those customers of the company that do not purchase that service	39385
from the natural gas company.	39386

(B) OnThrough calendar year 2005, on or before the first day	39387
of October in each year, the office of consumers' counsel shall	39388
notify each public utility of the sum assessed against it,	39389
whereupon payment shall be made to the counsel, who shall deposit	39390
it into the state treasury to the credit of the consumers' counsel	39391
operating fund, which is hereby created. Beginning in calendar	39392
year 2006, on or before the fifteenth day of May in each year, the	39393
consumers' counsel shall notify each public utility that had a sum	39394
assessed against it for the current fiscal year of more than one	39395
thousand dollars that fifty per cent of that amount shall be paid	39396
to the consumers' counsel by the twentieth day of June of that	39397
year as an initial payment of the assessment against the company	39398
for the next fiscal year. On or before the first day of October in	39399
each year, the consumers' counsel shall make a final determination	39400
of the sum of the assessment against each public utility and shall	39401
notify each public utility of the sum assessed against it. The	39402
consumers' counsel shall deduct from the assessment for each	39403
public utility any initial payment received. Payment of the	39404
assessment shall be made to the consumers' counsel by the first	39405
day of November of that year. The consumers' counsel shall deposit	39406
the payments received into the state treasury to the credit of the	39407
consumers' counsel operating fund. Any such amounts paid into the	39408
fund but not expended by the office shall be credited ratably by	39409
the office to the public utilities that pay more than the minimum	39410
assessment, according to the respective portions of such sum	39411
assessable against them for the ensuing ~~calendar~~fiscal year,	39412
after first deducting any deficits accumulated from prior years.	39413
The assessments for such ~~calendar~~fiscal year shall be reduced	39414
correspondingly.	39415

(C) Within five days after the beginning of each fiscal year	39416
through fiscal year 2006, the director of budget and management	39417
shall transfer from the general revenue fund to the consumers'	39418
counsel operating fund an amount sufficient for maintaining and	39419
administering the office of the consumers' counsel and exercising	39420
the powers of the consumers' counsel under this chapter during the	39421
first four months of the fiscal year. Not later than the	39422
thirty-first day of December of the fiscal year, the same amount	39423
shall be transferred back to the general revenue fund from the	39424
consumers' counsel operating fund.	39425

(D) As used in this section, "public utility" includes:

39426

(1) In addition to an electric utility as defined in section	39427
4928.01 of the Revised Code, an electric services company, an	39428
electric cooperative, or a governmental aggregator subject to	39429
certification under section 4928.08 of the Revised Code, to the	39430
extent of the company's, cooperative's, or aggregator's engagement	39431
in the business of supplying or arranging for the supply in this	39432
state of any retail electric service for which it must be so	39433
certified;	39434

(2) In addition to a natural gas company as defined in	39435
section 4929.01 of the Revised Code, a retail natural gas supplier	39436
or governmental aggregator subject to certification under section	39437
4929.20 of the Revised Code, to the extent of the supplier's or	39438
aggregator's engagement in the business of supplying or arranging	39439
for the supply in this state of any competitive retail natural gas	39440
service for which it must be certified.	39441

Sec. 4973.171. (A) As used in this section, "felony" has the	39442
same meaning as in section 109.511 of the Revised Code.	39443

(B)(1) The ~~governor~~secretary of state shall not appoint or	39444
commission a person as a police officer for a railroad company	39445
under division (B) of section 4973.17 of the Revised Code and	39446
shall not appoint or commission a person as a police officer for a	39447
hospital under division (D) of section 4973.17 of the Revised Code	39448
on a permanent basis, on a temporary basis, for a probationary	39449
term, or on other than a permanent basis if the person previously	39450
has been convicted of or has pleaded guilty to a felony.	39451

(2)(a) The ~~governor~~secretary of state shall revoke the	39452
appointment or commission of a person appointed or commissioned as	39453
a police officer for a railroad company or as a police officer for	39454
a hospital under division (B) or (D) of section 4973.17 of the	39455
Revised Code if that person does either of the following:	39456

(i) Pleads guilty to a felony;

39457

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	39458
plea agreement as provided in division (D) of section 2929.43 of	39459
the Revised Code in which the person agrees to surrender the	39460
certificate awarded to that person under section 109.77 of the	39461
Revised Code.	39462

(b) The ~~governor~~secretary of state shall suspend the	39463
appointment or commission of a person appointed or commissioned as	39464
a police officer for a railroad company or as a police officer for	39465
a hospital under division (B) or (D) of section 4973.17 of the	39466
Revised Code if that person is convicted, after trial, of a	39467
felony. If the person files an appeal from that conviction and the	39468
conviction is upheld by the highest court to which the appeal is	39469
taken or if the person does not file a timely appeal, the ~~governor~~	39470
secretary of state shall revoke the appointment or commission of	39471
that person as a police officer for a railroad company or as a	39472
police officer for a hospital. If the person files an appeal that	39473
results in that person's acquittal of the felony or conviction of	39474
a misdemeanor, or in the dismissal of the felony charge against	39475
that person, the ~~governor~~secretary of state shall reinstate the	39476
appointment or commission of that person as a police officer for a	39477
railroad company or as a police officer for a hospital. A person	39478
whose appointment or commission is reinstated under division	39479
(B)(2)(b) of this section shall not receive any back pay unless	39480
that person's conviction of the felony was reversed on appeal, or	39481
the felony charge was dismissed, because the court found	39482
insufficient evidence to convict the person of the felony.	39483

(3) Division (B) of this section does not apply regarding an	39484
offense that was committed prior to January 1, 1997.	39485

(4) The suspension or revocation of the appointment or	39486
commission of a person as a police officer for a railroad company	39487
or as a police officer for a hospital under division (B)(2) of	39488
this section shall be in accordance with Chapter 119. of the	39489
Revised Code.	39490

Sec. 5101.07. There is hereby created in the state treasury	39491
the support services federal operating fund. The fund shall	39492
consist of federal funds the department of job and family services	39493
receives and that the director of job and family services	39494
determines are appropriate for deposit into the fund. Money in the	39495
fund shall be used to pay the federal share of both of the	39496
following:	39497

(A) The department's costs for computer projects;

39498

(B) The operating costs of the parts of the department that	39499
provide general support services for the department's work units	39500
established under section 5101.06 of the Revised Code.	39501

Sec. 5101.071. There is hereby created in the state treasury	39502
the support services state operating fund. The fund shall consist	39503
of payments made to the fund from other appropriation items by	39504
intrastate transfer voucher. Money in the fund shall be used to	39505
pay for both of the following:	39506

(A) The department of job and family services' costs for	39507
computer projects;	39508

(B) The operating costs of the parts of the department that	39509
provide general support services for the department's work units	39510
established under section 5101.06 of the Revised Code.	39511

Sec. 5101.181. (A) As used in this section and section	39512
5101.182 of the Revised Code, "public assistance" includes, in	39513
addition to Ohio works first, all of the following:	39514

(1) Prevention, retention, and contingency;

39515

(2) Medicaid;

39516

(3) Disability financial assistance;

39517

(4) Disability medical assistance provided before October 1,	39518
2005, under former Chapter 5115. of the Revised Code;	39519

(5) General assistance provided prior to July 17, 1995, under	39520
former Chapter 5113. of the Revised Code.	39521

(B) As part of the procedure for the determination of	39522
overpayment to a recipient of public assistance under Chapter	39523
5107., 5108., 5111., or 5115. of the Revised Code, the director of	39524
job and family services shall furnish quarterly the name and	39525
social security number of each individual who receives public	39526
assistance to the director of administrative services, the	39527
administrator of the bureau of workers' compensation, and each of	39528
the state's retirement boards. Within fourteen days after	39529
receiving the name and social security number of an individual who	39530
receives public assistance, the director of administrative	39531
services, administrator, or board shall inform the auditor of	39532
state as to whether such individual is receiving wages or	39533
benefits, the amount of any wages or benefits being received, the	39534
social security number, and the address of the individual. The	39535
director of administrative services, administrator, boards, and	39536
any agent or employee of those officials and boards shall comply	39537
with the rules of the director of job and family services	39538
restricting the disclosure of information regarding recipients of	39539
public assistance. Any person who violates this provision shall	39540
thereafter be disqualified from acting as an agent or employee or	39541
in any other capacity under appointment or employment of any state	39542
board, commission, or agency.	39543

(C) The auditor of state may enter into a reciprocal	39544
agreement with the director of job and family services or	39545
comparable officer of any other state for the exchange of names,	39546
current or most recent addresses, or social security numbers of	39547
persons receiving public assistance under Title IV-A or under	39548
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	39549
U.S.C. 301, as amended.	39550

(D)(1) The auditor of state shall retain, for not less than	39551
two years, at least one copy of all information received under	39552
this section and sections 145.27, 742.41, 3307.20, 3309.22,	39553
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor	39554
shall review the information to determine whether overpayments	39555
were made to recipients of public assistance under Chapters 5107.,	39556
5108., 5111., and 5115. of the Revised Code. The auditor of state	39557
shall initiate action leading to prosecution, where warranted, of	39558
recipients who received overpayments by forwarding the name of	39559
each recipient who received overpayment, together with other	39560
pertinent information, to the director of job and family services	39561
and the attorney general, to the district director of job and	39562
family services of the district through which public assistance	39563
was received, and to the county director of job and family	39564
services and county prosecutor of the county through which public	39565
assistance was received.	39566

(2) The auditor of state and the attorney general or their	39567
designees may examine any records, whether in computer or printed	39568
format, in the possession of the director of job and family	39569
services or any county director of job and family services. They	39570
shall provide safeguards which restrict access to such records to	39571
purposes directly connected with an audit or investigation,	39572
prosecution, or criminal or civil proceeding conducted in	39573
connection with the administration of the programs and shall	39574
comply with the rules of the director of job and family services	39575
restricting the disclosure of information regarding recipients of	39576
public assistance. Any person who violates this provision shall	39577
thereafter be disqualified from acting as an agent or employee or	39578
in any other capacity under appointment or employment of any state	39579
board, commission, or agency.	39580

(3) Costs incurred by the auditor of state in carrying out	39581
the auditor of state's duties under this division shall be borne	39582
by the auditor of state.	39583

Sec. 5101.21. (A) As used in this section, "county signer"	39584
means all of the following:	39585

(1) A board of county commissioners;

39586

(2) A county children services board appointed under section	39587
5153.03 of the Revised Code if required by division (B) of this	39588
section to enter into a fiscal agreement;	39589

(3) A county elected official that is a child support	39590
enforcement agency if required by division (B) of this section to	39591
enter into a fiscal agreement.	39592

(B) The director of job and family services may enter into	39593
one or more written fiscal agreements with boards of county	39594
commissioners under which financial assistance is awarded for	39595
family services duties included in the agreements. Boards of	39596
county commissioners shall select which family services duties to	39597
include in a fiscal agreement. If a board of county commissioners	39598
elects to include family services duties of a public children	39599
services agency and a county children services board appointed	39600
under section 5153.03 of the Revised Code serves as the county's	39601
public children services agency, the board of county commissioners	39602
and county children services board shall jointly enter into the	39603
fiscal agreement with the director. If a board of county	39604
commissioners elects to include family services duties of a child	39605
support enforcement agency and the entity designated under former	39606
section 2301.35 of the Revised Code prior to October 1, 1997, or	39607
designated under section 307.981 of the Revised Code as the	39608
county's child support enforcement agency is an elected official	39609
of the county, the board of county commissioners and county	39610
elected official shall jointly enter into the fiscal agreement	39611
with the director. A fiscal agreement shall do all of the	39612
following:	39613

(1) Specify the family services duties included in the	39614
agreement and the private and government entities designated under	39615
section 307.981 of the Revised Code to serve as the county family	39616
services agencies performing the family services duties;	39617

(2) Provide for the department of job and family services to	39618
award financial assistance for the family services duties included	39619
in the agreement in accordance with a methodology for determining	39620
the amount of the award established by rules adopted under	39621
division (D) of this section;	39622

(3) Specify the form of the award of financial assistance	39623
which may be an allocation, cash draw, reimbursement, property,	39624
or, to the extent authorized by an appropriation made by the	39625
general assembly and to the extent practicable and not in conflict	39626
with a federal or state law, a consolidated funding allocation for	39627
two or more family services duties included in the agreement;	39628

(4) Provide that the award of financial assistance is subject	39629
to the availability of federal funds and appropriations made by	39630
the general assembly;	39631

(5) Specify annual financial, administrative, or other	39632
incentive awards, if any, to be provided in accordance with	39633
section 5101.23 of the Revised Code;	39634

(6) Include the assurance of each county signer that the	39635
county signer will do all of the following:	39636

(a) Ensure that the financial assistance awarded under the	39637
agreement is used, and the family services duties included in the	39638
agreement are performed, in accordance with requirements for the	39639
duties established by the department, a federal or state law, or	39640
any of the following that concern the family services duties	39641
included in the fiscal agreement and are published under section	39642
5101.212 of the Revised Code: state plans for receipt of federal	39643
financial participation, grant agreements between the department	39644
and a federal agency, and executive orders issued by the governor;	39645

(b) Ensure that the board and county family services agencies	39646
utilize a financial management system and other accountability	39647
mechanisms for the financial assistance awarded under the	39648
agreement that meet requirements the department establishes;	39649

(c) Require the county family services agencies to do both of	39650
the following:	39651

(i) Monitor all private and government entities that receive	39652
a payment from financial assistance awarded under the agreement to	39653
ensure that each entity uses the payment in accordance with	39654
requirements for the family services duties included in the	39655
agreement;	39656

(ii) Take action to recover payments that are not used in	39657
accordance with the requirements for the family services duties	39658
included in the agreement.	39659

(d) Require county family services agencies to promptly	39660
reimburse the department the amount that represents the amount an	39661
agency is responsible for, pursuant to action the department takes	39662
under division (C) of section 5101.24 of the Revised Code, of	39663
funds the department pays to any entity because of an adverse	39664
audit finding, adverse quality control finding, final disallowance	39665
of federal financial participation, or other sanction or penalty;	39666

(e) Require county family services agencies to take prompt	39667
corrective action, including paying amounts resulting from an	39668
adverse finding, sanction, or penalty, if the department, auditor	39669
of state, federal agency, or other entity authorized by federal or	39670
state law to determine compliance with requirements for a family	39671
services duty included in the agreement determines compliance has	39672
not been achieved;	39673

~~(f) If the department establishes a consolidated funding~~	39674
~~allocation for two or more family services duties included in the~~	39675
~~agreement, require the county family services agencies to use~~	39676
~~funds available in the consolidated funding allocation only for~~	39677
~~the purpose for which the funds are appropriated~~.	39678

(7) Provide for the department taking action pursuant to	39679
division (C) of section 5101.24 of the Revised Code if authorized	39680
by division (B)(1), (2), (3), or (4) of that section;	39681

(8) Provide for timely audits required by federal and state	39682
law and require prompt release of audit findings and prompt action	39683
to correct problems identified in an audit;	39684

(9) Comply with all of the requirements for the family	39685
services duties that are included in the agreement and have been	39686
established by the department, federal or state law, or any of the	39687
following that concern the family services duties included in the	39688
fiscal agreement and are published under section 5101.212 of the	39689
Revised Code: state plans for receipt of federal financial	39690
participation, grant agreements between the department and a	39691
federal agency, and executive orders issued by the governor;	39692

(10) Provide for dispute resolution procedures in accordance	39693
with section 5101.24 of the Revised Code;	39694

(11) Establish the method of amending or terminating the	39695
agreement and an expedited process for correcting terms or	39696
conditions of the agreement that the director and each county	39697
signer agree are erroneous;	39698

(12) Except as provided in rules adopted under division (D)	39699
of this section, begin on the first day of July of an odd-numbered	39700
year and end on the last day of June of the next odd-numbered	39701
year.	39702

(C) The department shall make payments authorized by a fiscal	39703
agreement on vouchers it prepares and may include any funds	39704
appropriated or allocated to it for carrying out family services	39705
duties included in the agreement, including funds for personal	39706
services and maintenance.	39707

(D)(1) The director shall adopt rules in accordance with	39708
section 111.15 of the Revised Code governing fiscal agreements.	39709
The director shall adopt the rules as if they were internal	39710
management rules. Before adopting the rules, the director shall	39711
give the public an opportunity to review and comment on the	39712
proposed rules. The rules shall establish methodologies to be used	39713
to determine the amount of financial assistance to be awarded	39714
under the agreements. The rules also shall establish terms and	39715
conditions under which an agreement may be entered into after the	39716
first day of July of an odd-numbered year. The rules may do any or	39717
all of the following:	39718

(a) ~~Govern the establishment of consolidated funding~~	39719
~~allocations and specify the time period for which a consolidated~~	39720
~~funding allocation is to be provided if the effective date of the~~	39721
~~agreement is after the first day of July of an odd-numbered year,~~	39722
~~which may include a time period before the effective date of the~~	39723
~~agreement;~~	39724

~~(b)~~ Govern the establishment of ~~other~~ allocations;

39725

~~(c)~~(b) Specify allowable uses of financial assistance awarded	39726
under the agreements;	39727

~~(d)~~(c) Establish reporting, cash management, audit, and other	39728
requirements the director determines are necessary to provide	39729
accountability for the use of financial assistance awarded under	39730
the agreements and determine compliance with requirements	39731
established by the department, a federal or state law, or any of	39732
the following that concern the family services duties included in	39733
the agreements and are published under section 5101.212 of the	39734
Revised Code: state plans for receipt of federal financial	39735
participation, grant agreements between the department and a	39736
federal entity, and executive orders issued by the governor.	39737

(2) A requirement of a fiscal agreement established by a rule	39738
adopted under this division is applicable to a fiscal agreement	39739
without having to be restated in the fiscal agreement.	39740

Sec. 5101.24. (A) As used in this section, "responsible	39741
entity" means a board of county commissioners or a county family	39742
services agency, whichever the director of job and family services	39743
determines is appropriate to take action against under division	39744
(C) of this section.	39745

(B) Regardless of whether a family services duty is performed	39746
by a county family services agency, private or government entity	39747
pursuant to a contract entered into under section 307.982 of the	39748
Revised Code or division (C)(2) of section 5153.16 of the Revised	39749
Code, or private or government provider of a family service duty,	39750
the department of job and family services may take action under	39751
division (C) of this section against the responsible entity if the	39752
department determines any of the following are the case:	39753

(1) A requirement of a fiscal agreement entered into under	39754
section 5101.21 of the Revised Code that includes the family	39755
services duty, including a requirement for fiscal agreements	39756
established by rules adopted under that section, is not complied	39757
with;	39758

(2) A county family services agency fails to develop, submit	39759
to the department, or comply with a corrective action plan under	39760
division (B) of section 5101.221 of the Revised Code, or the	39761
department disapproves the agency's corrective action plan	39762
developed under division (B) of section 5101.221 of the Revised	39763
Code;	39764

(3) A requirement for the family services duty established by	39765
the department or any of the following is not complied with: a	39766
federal or state law, state plan for receipt of federal financial	39767
participation, grant agreement between the department and a	39768
federal agency, or executive order issued by the governor;	39769

(4) The responsible entity is solely or partially	39770
responsible, as determined by the director of job and family	39771
services, for an adverse audit finding, adverse quality control	39772
finding, final disallowance of federal financial participation, or	39773
other sanction or penalty regarding the family services duty.	39774

(5) The responsible entity is solely or partially	39775
responsible, as determined by the director of job and family	39776
services, for failure to comply with a requirement established	39777
under Title IV-A of the "Social Security Act," 110 Stat. 2113	39778
(1996), 42 U.S.C. 601, as amended, that results in the state being	39779
required to increase its qualified state expenditures as defined	39780
in 42 U.S.C. 609(a)(7)(B)(i), to avoid a penalty under 42 U.S.C.	39781
609(a)(7).	39782

(C) The department may take one or more of the following	39783
actions against the responsible entity when authorized by division	39784
(B)(1), (2), (3), or (4) of this section:	39785

(1) Require the responsible entity to comply with a	39786
corrective action plan pursuant to a time schedule specified by	39787
the department. The corrective action plan shall be established or	39788
approved by the department and shall not require a county family	39789
services agency to commit resources to the plan.	39790

(2) Require the responsible entity to comply with a	39791
corrective action plan pursuant to a time schedule specified by	39792
the department. The corrective action plan shall be established or	39793
approved by the department and require a county family services	39794
agency to commit to the plan existing resources identified by the	39795
agency.	39796

(3) Require the responsible entity to do one of the	39797
following:	39798

(a) Share with the department a final disallowance of federal	39799
financial participation or other sanction or penalty;	39800

(b) Reimburse the department the final amount the department	39801
pays to the federal government or another entity that represents	39802
the amount the responsible entity is responsible for of an adverse	39803
audit finding, adverse quality control finding, final disallowance	39804
of federal financial participation, or other sanction or penalty	39805
issued by the federal government, auditor of state, or other	39806
entity;	39807

(c) Pay the federal government or another entity the final	39808
amount that represents the amount the responsible entity is	39809
responsible for of an adverse audit finding, adverse quality	39810
control finding, final disallowance of federal financial	39811
participation, or other sanction or penalty issued by the federal	39812
government, auditor of state, or other entity;	39813

(d) Pay the department the final amount that represents the	39814
amount the responsible entity is responsible for of an adverse	39815
audit finding or adverse quality control finding.	39816

(4) Impose an administrative sanction issued by the	39817
department against the responsible entity. A sanction may be	39818
increased if the department has previously taken action against	39819
the responsible entity under this division.	39820

(5) Perform, or contract with a government or private entity	39821
for the entity to perform, the family services duty until the	39822
department is satisfied that the responsible entity ensures that	39823
the duty will be performed satisfactorily. If the department	39824
performs or contracts with an entity to perform a family services	39825
duty under division (C)(5) of this section, the department may do	39826
either or both of the following:	39827

(a) Spend funds in the county treasury appropriated by the	39828
board of county commissioners for the duty;	39829

(b) Withhold funds allocated or reimbursements due to the	39830
responsible entity for the duty and spend the funds for the duty.	39831

(6) Request that the attorney general bring mandamus	39832
proceedings to compel the responsible entity to take or cease the	39833
action that causes division (B)(1), (2), (3), or (4) of this	39834
section to apply. The attorney general shall bring mandamus	39835
proceedings in the Franklin county court of appeals at the	39836
department's request.	39837

(7) If the department takes action under this division	39838
because of division (B)(3) of this section, temporarily withhold	39839
funds allocated or reimbursement due to the responsible entity	39840
until the department determines that the responsible entity is in	39841
compliance with the requirement. The department shall release the	39842
funds when the department determines that compliance has been	39843
achieved.	39844

(8) If the department takes action under this division	39845
because of division (B)(5) of this section, increase the county's	39846
share of public assistance expenditures under section 5101.16 of	39847
the Revised Code to the extent the responsible entity is	39848
responsible for the state being required to increase its qualified	39849
state expenditures.	39850

(D) If the department proposes to take action against the	39851
responsible entity under division (C) of this section, the	39852
department shall notify the responsible entity and county auditor.	39853
The notice shall be in writing and specify the action the	39854
department proposes to take. The department shall send the notice	39855
by regular United States mail.	39856

Except as provided by division (E) of this section, the	39857
responsible entity may request an administrative review of a	39858
proposed action in accordance with administrative review	39859
procedures the department shall establish. The administrative	39860
review procedures shall comply with all of the following:	39861

(1) A request for an administrative review shall state	39862
specifically all of the following:	39863

(a) The proposed action specified in the notice from the	39864
department for which the review is requested;	39865

(b) The reason why the responsible entity believes the	39866
proposed action is inappropriate;	39867

(c) All facts and legal arguments that the responsible entity	39868
wants the department to consider;	39869

(d) The name of the person who will serve as the responsible	39870
entity's representative in the review.	39871

(2) If the department's notice specifies more than one	39872
proposed action and the responsible entity does not specify all of	39873
the proposed actions in its request pursuant to division (D)(1)(a)	39874
of this section, the proposed actions not specified in the request	39875
shall not be subject to administrative review and the parts of the	39876
notice regarding those proposed actions shall be final and binding	39877
on the responsible entity.	39878

(3) In the case of a proposed action under division (C)(1) of	39879
this section, the responsible entity shall have fifteen calendar	39880
days after the department mails the notice to the responsible	39881
entity to send a written request to the department for an	39882
administrative review. If it receives such a request within the	39883
required time, the department shall postpone taking action under	39884
division (C)(1) of this section for fifteen calendar days	39885
following the day it receives the request or extended period of	39886
time provided for in division (D)(5) of this section to allow a	39887
representative of the department and a representative of the	39888
responsible entity an informal opportunity to resolve any dispute	39889
during that fifteen-day or extended period.	39890

(4) In the case of a proposed action under division (C)(2),	39891
(3), (4), (5), or (7), or (8) of this section, the responsible	39892
entity shall have thirty calendar days after the department mails	39893
the notice to the responsible entity to send a written request to	39894
the department for an administrative review. If it receives such a	39895
request within the required time, the department shall postpone	39896
taking action under division (C)(2), (3), (4), (5), or (7), or (8)	39897
of this section for thirty calendar days following the day it	39898
receives the request or extended period of time provided for in	39899
division (D)(5) of this section to allow a representative of the	39900
department and a representative of the responsible entity an	39901
informal opportunity to resolve any dispute during that thirty-day	39902
or extended period.	39903

(5) If the informal opportunity provided in division (D)(3)	39904
or (4) of this section does not result in a written resolution to	39905
the dispute within the fifteen- or thirty-day period, the director	39906
of job and family services and representative of the responsible	39907
entity may enter into a written agreement extending the time	39908
period for attempting an informal resolution of the dispute under	39909
division (D)(3) or (4) of this section.	39910

(6) In the case of a proposed action under division (C)(3) of	39911
this section, the responsible entity may not include in its	39912
request disputes over a finding, final disallowance of federal	39913
financial participation, or other sanction or penalty issued by	39914
the federal government, auditor of state, or entity other than the	39915
department.	39916

(7) If the responsible entity fails to request an	39917
administrative review within the required time, the responsible	39918
entity loses the right to request an administrative review of the	39919
proposed actions specified in the notice and the notice becomes	39920
final and binding on the responsible entity.	39921

(8) If the informal opportunity provided in division (D)(3)	39922
or (4) of this section does not result in a written resolution to	39923
the dispute within the time provided by division (D)(3), (4), or	39924
(5) of this section, the director shall appoint an administrative	39925
review panel to conduct the administrative review. The review	39926
panel shall consist of department employees and one director or	39927
other representative of the type of county family services agency	39928
that is responsible for the kind of family services duty that is	39929
the subject of the dispute and serves a different county than the	39930
county served by the responsible entity. No individual involved in	39931
the department's proposal to take action against the responsible	39932
entity may serve on the review panel. The review panel shall	39933
review the responsible entity's request. The review panel may	39934
require that the department or responsible entity submit	39935
additional information and schedule and conduct an informal	39936
hearing to obtain testimony or additional evidence. A review of a	39937
proposal to take action under division (C)(3) of this section	39938
shall be limited solely to the issue of the amount the responsible	39939
entity shall share with the department, reimburse the department,	39940
or pay to the federal government, department, or other entity	39941
under division (C)(3) of this section. The review panel is not	39942
required to make a stenographic record of its hearing or other	39943
proceedings.	39944

(9) After finishing an administrative review, an	39945
administrative review panel appointed under division (D)(8) of	39946
this section shall submit a written report to the director setting	39947
forth its findings of fact, conclusions of law, and	39948
recommendations for action. The director may approve, modify, or	39949
disapprove the recommendations. If the director modifies or	39950
disapproves the recommendations, the director shall state the	39951
reasons for the modification or disapproval and the actions to be	39952
taken against the responsible entity.	39953

(10) The director's approval, modification, or disapproval	39954
under division (D)(9) of this section shall be final and binding	39955
on the responsible entity and shall not be subject to further	39956
departmental review.	39957

(E) The responsible entity is not entitled to an	39958
administrative review under division (D) of this section for any	39959
of the following:	39960

(1) An action taken under division (C)(6) of this section;

39961

(2) An action taken under section 5101.242 of the Revised	39962
Code;	39963

(3) An action taken under division (C)(3) of this section if	39964
the federal government, auditor of state, or entity other than the	39965
department has identified the county family services agency as	39966
being solely or partially responsible for an adverse audit	39967
finding, adverse quality control finding, final disallowance of	39968
federal financial participation, or other sanction or penalty;	39969

(4) An adjustment to an allocation, cash draw, advance, or	39970
reimbursement to a county family services agency that the	39971
department determines necessary for budgetary reasons;	39972

(5) Withholding of a cash draw or reimbursement due to	39973
noncompliance with a reporting requirement established in rules	39974
adopted under section 5101.243 of the Revised Code.	39975

(F) This section does not apply to other actions the	39976
department takes against the responsible entity pursuant to	39977
authority granted by another state law unless the other state law	39978
requires the department to take the action in accordance with this	39979
section.	39980

(G) The director of job and family services may adopt rules	39981
in accordance with Chapter 119. of the Revised Code as necessary	39982
to implement this section.	39983

Sec. 5101.241. (A) As used in this section:

39984

(1) "Local area" and "chief elected official" have the same	39985
meaning as in section 5101.20 of the Revised Code.	39986

(2) "Responsible entity" means the chief elected officials of	39987
a local area.	39988

(B) The department of job and family services may take action	39989
under division (C) of this section against the responsible entity,	39990
regardless of who performs the workforce development activity, if	39991
the department determines any of the following are the case:	39992

(1) A requirement of a grant agreement entered into under	39993
section 5101.20 of the Revised Code that includes the workforce	39994
development activity, including a requirement for grant agreements	39995
established by rules adopted under that section, is not complied	39996
with;	39997

(2) A performance standard for the workforce development	39998
activity established by the federal government or the department	39999
is not met;	40000

(3) A requirement for the workforce development activity	40001
established by the department or any of the following is not	40002
complied with: a federal or state law, state plan for receipt of	40003
federal financial participation, grant agreement between the	40004
department and a federal agency, or executive order;	40005

(4) The responsible entity is solely or partially	40006
responsible, as determined by the director of job and family	40007
services, for an adverse audit finding, adverse quality control	40008
finding, final disallowance of federal financial participation, or	40009
other sanction or penalty regarding the workforce development	40010
activity.	40011

(C) The department may take one or more of the following	40012
actions against the responsible entity when authorized by division	40013
(B)(1), (2), (3), or (4) of this section:	40014

(1) Require the responsible entity to submit to and comply	40015
with a corrective action plan, established or approved by the	40016
department, pursuant to a time schedule specified by the	40017
department;	40018

(2) Require the responsible entity to do one of the	40019
following:	40020

(a) Share with the department a final disallowance of federal	40021
financial participation or other sanction or penalty;	40022

(b) Reimburse the department the amount the department pays	40023
to the federal government or another entity that represents the	40024
amount the responsible entity is responsible for of an adverse	40025
audit finding, adverse quality control finding, final disallowance	40026
of federal financial participation, or other sanction or penalty	40027
issued by the federal government, auditor of state, or other	40028
entity;	40029

(c) Pay the federal government or another entity the amount	40030
that represents the amount the responsible entity is responsible	40031
for of an adverse audit finding, adverse quality control finding,	40032
final disallowance of federal financial participation, or other	40033
sanction or penalty issued by the federal government, auditor of	40034
state, or other entity;	40035

(d) Pay the department the amount that represents the amount	40036
the responsible entity is responsible for of an adverse audit	40037
finding, adverse quality control finding, or other sanction or	40038
penalty issued by the department.	40039

(3) Impose a financial or administrative sanction or adverse	40040
audit finding issued by the department against the responsible	40041
entity, which may be increased with each subsequent action taken	40042
against the responsible entity.;	40043

(4) Perform or contract with a government or private entity	40044
for the entity to perform the workforce development activity until	40045
the department is satisfied that the responsible entity ensures	40046
that the activity will be performed to the department's	40047
satisfaction. If the department performs or contracts with an	40048
entity to perform the workforce development activity under	40049
division (C)(4) of this section, the department may withhold funds	40050
allocated to or reimbursements due to the responsible entity for	40051
the activity and use those funds to implement division (C)(4) of	40052
this section.	40053

(5) Request the attorney general to bring mandamus	40054
proceedings to compel the responsible entity to take or cease the	40055
actions listed in division (B) of this section. The attorney	40056
general shall bring any mandamus proceedings in the Franklin	40057
county court of appeals at the department's request.	40058

(6) If the department takes action under this division	40059
because of division (B)(3) of this section, withhold funds	40060
allocated or reimbursement due to the responsible entity until the	40061
department determines that the responsible entity is in compliance	40062
with the requirement. The department shall release the funds when	40063
the department determines that compliance has been achieved.	40064

(7) Issue a notice of intent to revoke approval of all or	40065
part of the local plan effected that conflicts with state or	40066
federal law and effectuate the revocation.	40067

(D) The department shall notify the responsible entity and	40068
the appropriate county auditor when the department proposes to	40069
take action under division (C) of this section. The notice shall	40070
be in writing and specify the action the department proposes to	40071
take. The department shall send the notice by regular United	40072
States mail. Except as provided in division (E) of this section,	40073
the responsible entity may request an administrative review of a	40074
proposed action in accordance with administrative review	40075
procedures the department shall establish. The administrative	40076
review procedures shall comply with all of the following:	40077

(1) A request for an administrative review shall state	40078
specifically all of the following:	40079

(a) The proposed action specified in the notice from the	40080
department for which the review is requested;	40081

(b) The reason why the responsible entity believes the	40082
proposed action is inappropriate;	40083

(c) All facts and legal arguments that the responsible entity	40084
wants the department to consider;	40085

(d) The name of the person who will serve as the responsible	40086
entity's representative in the review.	40087

(2) If the department's notice specifies more than one	40088
proposed action and the responsible entity does not specify all of	40089
the proposed actions in its request pursuant to division (D)(1)(a)	40090
of this section, the proposed actions not specified in the request	40091
shall not be subject to administrative review and the parts of the	40092
notice regarding those proposed actions shall be final and binding	40093
on the responsible entity.	40094

(3) ~~In the case of a proposed action under division (C)(1) of~~	40095
~~this section, the~~The responsible entity shall have fifteen	40096
calendar days after the department mails the notice to the	40097
responsible entity to send a written request to the department for	40098
an administrative review. ~~If it receives such a request within the~~	40099
~~required time, the department shall postpone taking action under~~	40100
~~division (C)(1) of this section for fifteen calendar days~~	40101
~~following the day it receives the request to allow a~~	40102
~~representative of the department and a representative of the~~	40103
~~responsible entity an informal opportunity to resolve any dispute~~	40104
~~during that fifteen-day period.~~The responsible entity and the	40105
department shall attempt to resolve informally any dispute and may	40106
develop a written resolution to the dispute at any time prior to	40107
submitting the written report described in division (D)(7) of this	40108
section to the director.	40109

(4) ~~In the case of a proposed action under division (C)(2),~~	40110
~~(3), or (4) of this section, the responsible entity shall have~~	40111
~~thirty calendar days after the department mails the notice to the~~	40112
~~responsible entity to send a written request to the department for~~	40113
~~an administrative review. If it receives such a request within the~~	40114
~~required time, the department shall postpone taking action under~~	40115
~~division (C)(2), (3), or (4) of this section for thirty calendar~~	40116
~~days following the day it receives the request to allow a~~	40117
~~representative of the department and a representative of the~~	40118
~~responsible entity an informal opportunity to resolve any dispute~~	40119
~~during that thirty-day period.~~	40120

~~(5)~~ In the case of a proposed action under division (C)(2) of	40121
this section, the responsible entity may not include in its	40122
request disputes over a finding, final disallowance of federal	40123
financial participation, or other sanction or penalty issued by	40124
the federal government, auditor of state, or other entity other	40125
than the department.	40126

~~(6)~~(5) If the responsible entity fails to request an	40127
administrative review within the required time, the responsible	40128
entity loses the right to request an administrative review of the	40129
proposed actions specified in the notice and the notice becomes	40130
final and binding on the responsible entity.	40131

~~(7) If the informal opportunity provided in division (D)(3)~~	40132
~~or (4) of this section does not result in a written resolution to~~	40133
~~the dispute, the~~(6) The director of job and family services shall	40134
appoint an administrative review panel to conduct the	40135
administrative review. The review panel shall consist of	40136
department employees who are not involved in the department's	40137
proposal to take action against the responsible entity. The review	40138
panel shall review the responsible entity's request. The review	40139
panel may require that the department or responsible entity submit	40140
additional information and schedule and conduct an informal	40141
hearing to obtain testimony or additional evidence. A review of a	40142
proposal to take action under division (C)(2) of this section	40143
shall be limited solely to the issue of the amount the responsible	40144
entity shall share with the department, reimburse the department,	40145
or pay to the federal government, department, or other entity	40146
under division (C)(2) of this section. The review panel is not	40147
required to make a stenographic record of its hearing or other	40148
proceedings.	40149

~~(8)~~(7) After finishing an administrative review, an	40150
administrative review panel appointed under division (D)~~(7)~~(6) of	40151
this section shall submit a written report to the director setting	40152
forth its findings of fact, conclusions of law, and	40153
recommendations for action. The director may approve, modify, or	40154
disapprove the recommendations. ~~If the director modifies or~~	40155
~~disapproves the recommendations, the director shall state the~~	40156
~~reasons for the modification or disapproval and the actions to be~~	40157
~~taken against the responsible entity.~~	40158

~~(9)~~(8) The director's approval, modification, or disapproval	40159
under division (D)~~(8)~~(7) of this section shall be final and	40160
binding on the responsible entity and shall not be subject to	40161
further ~~departmental~~ review.	40162

(E) The responsible entity is not entitled to an	40163
administrative review under division (D) of this section for any	40164
of the following:	40165

(1) An action taken under division (C)(5) or (6) of this	40166
section;	40167

(2) An action taken under section 5101.242 of the Revised	40168
Code;	40169

(3) An action taken under division (C)(2) of this section if	40170
the federal government, auditor of state, or entity other than the	40171
department has identified the responsible entity as being solely	40172
or partially responsible for an adverse audit finding, adverse	40173
quality control finding, final disallowance of federal financial	40174
participation, or other sanction or penalty;	40175

(4) An adjustment to an allocation, cash draw, advance, or	40176
reimbursement to the responsible entity's local area that the	40177
department determines necessary for budgetary reasons;	40178

(5) Withholding of a cash draw or reimbursement due to	40179
noncompliance with a reporting requirement established in rules	40180
adopted under section 5101.243 of the Revised Code.	40181

(F) This section does not apply to other actions the	40182
department takes against the responsible entity pursuant to	40183
authority granted by another state law unless the other state law	40184
requires the department to take the action in accordance with this	40185
section.	40186

(G) The director of job and family services may adopt rules	40187
in accordance with Chapter 119. of the Revised Code as necessary	40188
to implement this section.	40189

(H) The governor may decertify a local workforce development	40190
board for any of the following reasons in accordance with	40191
subsection (e) of section 117 of the "Workforce Investment Act of	40192
1998" 112 Stat. 936, 29 U.S.C. 2801, as amended:	40193

(1) Fraud or abuse;

40194

(2) Failure to carry out the requirements of the federal	40195
"Workforce Investment Act," 112 Stat. 936, 29 U.S.C. 2801, as	40196
amended, including failure to meet performance standards	40197
established by the federal government for two consecutive years.	40198

If the governor finds that access to basic "Workforce	40199
Investment Act" services is not being provided in a local area,	40200
the governor may declare an emergency and, in consultation with	40201
the chief elected officials of the local area affected, arrange	40202
for provision of these services through an alternative entity	40203
during the time period in which resolution of the problem	40204
preventing service delivery in the local area is pending. An	40205
action taken by the governor pursuant to this section is not	40206
subject to appeal under this section.	40207

Sec. 5101.26. As used in this section and in sections	40208
5101.27 to 5101.30 of the Revised Code:	40209

(A) "County agency" means a county department of job and	40210
family services or a public children services agency.	40211

(B) "Fugitive felon" means an individual who is fleeing to	40212
avoid prosecution, or custody or confinement after conviction,	40213
under the laws of the place from which the individual is fleeing,	40214
for a crime or an attempt to commit a crime that is a felony under	40215
the laws of the place from which the individual is fleeing or, in	40216
the case of New Jersey, a high misdemeanor, regardless of whether	40217
the individual has departed from the individual's usual place of	40218
residence.	40219

(C) "Information" means records as defined in section 149.011	40220
of the Revised Code, any other documents in any format, and data	40221
derived from records and documents that are generated, acquired,	40222
or maintained by the department of job and family services, a	40223
county agency, or an entity performing duties on behalf of the	40224
department or a county agency.	40225

(D) "Law enforcement agency" means the state highway patrol,	40226
an agency that employs peace officers as defined in section 109.71	40227
of the Revised Code, the adult parole authority, a county	40228
department of probation, a prosecuting attorney, the attorney	40229
general, similar agencies of other states, federal law enforcement	40230
agencies, and postal inspectors. "Law enforcement agency" includes	40231
the peace officers and other law enforcement officers employed by	40232
the agency.	40233

(E) "Medical assistance provided under a public assistance	40234
program" means medical assistance provided under the programs	40235
established under sections 5101.49, 5101.50 to 5101.503, and	40236
5101.51 to 5101.5110, ~~Chapters~~Chapter 5111. ~~and 5115.~~, or any	40237
other provision of the Revised Code.	40238

(F) "Public assistance" means financial assistance, medical	40239
assistance, or social services provided under a program	40240
administered by the department of job and family services or a	40241
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	40242
5108., 5111., or 5115. of the Revised Code or an executive order	40243
issued under section 107.17 of the Revised Code.	40244

(G) "Public assistance recipient" means an applicant for or	40245
recipient or former recipient of public assistance.	40246

Sec. 5101.31. Any record, data, pricing information, or other	40247
information regarding a drug rebate agreement or a supplemental	40248
drug rebate agreement for the medicaid program established under	40249
Chapter 5111. of the Revised Code ~~or the disability medical~~	40250
~~assistance program established under section 5115.10 of the~~	40251
~~Revised Code~~ that the department of job and family services	40252
receives from a pharmaceutical manufacturer or creates pursuant to	40253
negotiation of the agreement is not a public record under section	40254
149.43 of the Revised Code and shall be treated by the department	40255
as confidential information.	40256

Sec. 5101.35. (A) As used in this section:

40257

(1) "Agency" means the following entities that administer a	40258
family services program:	40259

(a) The department of job and family services;

40260

(b) A county department of job and family services;

40261

40262

(d) A private or government entity administering, in whole or	40263
in part, a family services program for or on behalf of the	40264
department of job and family services or a county department of	40265
job and family services or public children services agency.	40266

(2) "Appellant" means an applicant, participant, former	40267
participant, recipient, or former recipient of a family services	40268
program who is entitled by federal or state law to a hearing	40269
regarding a decision or order of the agency that administers the	40270
program.	40271

(3) "Family services program" means assistance provided under	40272
a Title IV-A program as defined in section 5101.80 of the Revised	40273
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	40274
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the	40275
Revised Code, other than assistance provided under section 5101.46	40276
of the Revised Code by the department of mental health, the	40277
department of mental retardation and developmental disabilities, a	40278
board of alcohol, drug addiction, and mental health services, or a	40279
county board of mental retardation and developmental disabilities.	40280

(B) Except as provided by division (G) of this section, an	40281
appellant who appeals under federal or state law a decision or	40282
order of an agency administering a family services program shall,	40283
at the appellant's request, be granted a state hearing by the	40284
department of job and family services. This state hearing shall be	40285
conducted in accordance with rules adopted under this section. The	40286
state hearing shall be tape-recorded, but neither the recording	40287
nor a transcript of the recording shall be part of the official	40288
record of the proceeding. A state hearing decision is binding upon	40289
the agency and department, unless it is reversed or modified on	40290
appeal to the director of job and family services or a court of	40291
common pleas.	40292

(C) Except as provided by division (G) of this section, an	40293
appellant who disagrees with a state hearing decision may make an	40294
administrative appeal to the director of job and family services	40295
in accordance with rules adopted under this section. This	40296
administrative appeal does not require a hearing, but the director	40297
or the director's designee shall review the state hearing decision	40298
and previous administrative action and may affirm, modify, remand,	40299
or reverse the state hearing decision. Any person designated to	40300
make an administrative appeal decision on behalf of the director	40301
shall have been admitted to the practice of law in this state. An	40302
administrative appeal decision is the final decision of the	40303
department and is binding upon the department and agency, unless	40304
it is reversed or modified on appeal to the court of common pleas.	40305

(D) An agency shall comply with a decision issued pursuant to	40306
division (B) or (C) of this section within the time limits	40307
established by rules adopted under this section. If a county	40308
department of job and family services or a public children	40309
services agency fails to comply within these time limits, the	40310
department may take action pursuant to section 5101.24 of the	40311
Revised Code. If another agency fails to comply within the time	40312
limits, the department may force compliance by withholding funds	40313
due the agency or imposing another sanction established by rules	40314
adopted under this section.	40315

(E) An appellant who disagrees with an administrative appeal	40316
decision of the director of job and family services or the	40317
director's designee issued under division (C) of this section may	40318
appeal from the decision to the court of common pleas pursuant to	40319
section 119.12 of the Revised Code. The appeal shall be governed	40320
by section 119.12 of the Revised Code except that:	40321

(1) The person may appeal to the court of common pleas of the	40322
county in which the person resides, or to the court of common	40323
pleas of Franklin county if the person does not reside in this	40324
state.	40325

(2) The person may apply to the court for designation as an	40326
indigent and, if the court grants this application, the appellant	40327
shall not be required to furnish the costs of the appeal.	40328

(3) The appellant shall mail the notice of appeal to the	40329
department of job and family services and file notice of appeal	40330
with the court within thirty days after the department mails the	40331
administrative appeal decision to the appellant. For good cause	40332
shown, the court may extend the time for mailing and filing notice	40333
of appeal, but such time shall not exceed six months from the date	40334
the department mails the administrative appeal decision. Filing	40335
notice of appeal with the court shall be the only act necessary to	40336
vest jurisdiction in the court.	40337

(4) The department shall be required to file a transcript of	40338
the testimony of the state hearing with the court only if the	40339
court orders the department to file the transcript. The court	40340
shall make such an order only if it finds that the department and	40341
the appellant are unable to stipulate to the facts of the case and	40342
that the transcript is essential to a determination of the appeal.	40343
The department shall file the transcript not later than thirty	40344
days after the day such an order is issued.	40345

(F) The department of job and family services shall adopt	40346
rules in accordance with Chapter 119. of the Revised Code to	40347
implement this section, including rules governing the following:	40348

(1) State hearings under division (B) of this section. The	40349
rules shall include provisions regarding notice of eligibility	40350
termination and the opportunity of an appellant appealing a	40351
decision or order of a county department of job and family	40352
services to request a county conference with the county department	40353
before the state hearing is held.	40354

(2) Administrative appeals under division (C) of this	40355
section;	40356

(3) Time limits for complying with a decision issued under	40357
division (B) or (C) of this section;	40358

(4) Sanctions that may be applied against an agency under	40359
division (D) of this section.	40360

(G) The department of job and family services may adopt rules	40361
in accordance with Chapter 119. of the Revised Code establishing	40362
an appeals process for an appellant who appeals a decision or	40363
order regarding a Title IV-A program identified under division	40364
(A)(3)(c) or, (d), or (e) of section 5101.80 of the Revised Code	40365
that is different from the appeals process established by this	40366
section. The different appeals process may include having a state	40367
agency that administers the Title IV-A program pursuant to an	40368
interagency agreement entered into under section 5101.801 of the	40369
Revised Code administer the appeals process.	40370

(H) The requirements of Chapter 119. of the Revised Code	40371
apply to a state hearing or administrative appeal under this	40372
section only to the extent, if any, specifically provided by rules	40373
adopted under this section.	40374

Sec. 5101.36. Any application for public assistance gives a	40375
right of subrogation to the department of job and family services	40376
for any workers' compensation benefits payable to a person who is	40377
subject to a support order, as defined in section 3119.01 of the	40378
Revised Code, on behalf of the applicant, to the extent of any	40379
public assistance payments made on the applicant's behalf. If the	40380
director of job and family services, in consultation with a child	40381
support enforcement agency and the administrator of the bureau of	40382
workers' compensation, determines that a person responsible for	40383
support payments to a recipient of public assistance is receiving	40384
workers' compensation, the director shall notify the administrator	40385
of the amount of the benefit to be paid to the department of job	40386
and family services.	40387

For purposes of this section, "public assistance" means	40388
medical assistance provided through the medical assistance program	40389
established under section 5111.01 of the Revised Code; Ohio works	40390
first provided under Chapter 5107. of the Revised Code;	40391
prevention, retention, and contingency benefits and services	40392
provided under Chapter 5108. of the Revised Code; disability	40393
financial assistance provided under Chapter 5115. of the Revised	40394
Code; or disability medical assistance provided under former	40395
Chapter 5115. of the Revised Code.	40396

Sec. 5101.46. (A) As used in this section:

40397

(1) "Title XX" means Title XX of the "Social Security Act,"	40398
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	40399

(2) "Respective local agency" means, with respect to the	40400
department of job and family services, a county department of job	40401
and family services; with respect to the department of mental	40402
health, a board of alcohol, drug addiction, and mental health	40403
services; and with respect to the department of mental retardation	40404
and developmental disabilities, a county board of mental	40405
retardation and developmental disabilities.	40406

(3) "Federal poverty guidelines" means the poverty guidelines	40407
as revised annually by the United States department of health and	40408
human services in accordance with section 673(2) of the "Omnibus	40409
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	40410
9902, as amended, for a family size equal to the size of the	40411
family of the person whose income is being determined.	40412

(B) The departments of job and family services, mental	40413
health, and mental retardation and developmental disabilities,	40414
with their respective local agencies, shall administer the	40415
provision of social services funded through grants made under	40416
Title XX. The social services furnished with Title XX funds shall	40417
be directed at the following goals:	40418

(1) Achieving or maintaining economic self-support to	40419
prevent, reduce, or eliminate dependency;	40420

(2) Achieving or maintaining self-sufficiency, including	40421
reduction or prevention of dependency;	40422

(3) Preventing or remedying neglect, abuse, or exploitation	40423
of children and adults unable to protect their own interests, or	40424
preserving, rehabilitating, or reuniting families;	40425

(4) Preventing or reducing inappropriate institutional care	40426
by providing for community-based care, home-based care, or other	40427
forms of less intensive care;	40428

(5) Securing referral or admission for institutional care	40429
when other forms of care are not appropriate, or providing	40430
services to individuals in institutions.	40431

(C)(1) All federal funds received under Title XX shall be	40432
appropriated as follows:	40433

(a) Seventy-two and one-half per cent to the department of	40434
job and family services;	40435

(b) Twelve and ninety-three one-hundreths per cent to the	40436
department of mental health;	40437

(c) Fourteen and fifty-seven one-hundreths per cent to the	40438
department of mental retardation and developmental disabilities.	40439

(2) Each state department shall, subject to the approval of	40440
the controlling board, develop formulas for the distribution of	40441
their Title XX appropriations to their respective local agencies.	40442
The formulas shall take into account the total population of the	40443
area that is served by the agency, the percentage of the	40444
population in the area that falls below the federal poverty	40445
guidelines, and the agency's history of and ability to utilize	40446
Title XX funds.	40447

(3) Each of the state departments shall expend no more than	40448
three per cent of its Title XX appropriation for state	40449
administrative costs. Each of the department's respective local	40450
agencies shall expend no more than fourteen per cent of its Title	40451
XX appropriation for local administrative costs.	40452

(4) The department of job and family services shall expend no	40453
more than two per cent of its Title XX appropriation for the	40454
training of the following:	40455

(a) Employees of county departments of job and family	40456
services;	40457

(b) Providers of services under contract with the state	40458
departments' respective local agencies;	40459

(c) Employees of a public children services agency directly	40460
engaged in providing Title XX services.	40461

(D) The department of job and family services shall prepare a	40462
biennial comprehensive Title XX social services plan on the	40463
intended use of Title XX funds. The department shall develop a	40464
method for obtaining public comment during the development of the	40465
plan and following its completion.	40466

For each state fiscal year, the department of job and family	40467
services shall prepare a report on the actual use of Title XX	40468
funds. The department shall make the annual report available for	40469
public inspection.	40470

The departments of mental health and mental retardation and	40471
developmental disabilities shall prepare and submit to the	40472
department of job and family services the portions of each	40473
biennial plan and annual report that apply to services for mental	40474
health and mental retardation and developmental disabilities. Each	40475
respective local agency of the three state departments shall	40476
submit information as necessary for the preparation of biennial	40477
plans and annual reports.	40478

(E) Each county department shall adopt a county profile for	40479
the administration and provision of Title XX social services in	40480
the county. In developing its county profile, the county	40481
department shall take into consideration the comments and	40482
recommendations received from the public by the county family	40483
services planning committee pursuant to section 329.06 of the	40484
Revised Code. As part of its preparation of the county profile,	40485
the county department may prepare a local needs report analyzing	40486
the need for Title XX social services.	40487

The county department shall submit the county profile to the	40488
board of county commissioners for its review. Once the county	40489
profile has been approved by the board, the county department	40490
shall file a copy of the county profile with the department of job	40491
and family services. The department shall approve the county	40492
profile if the department determines the profile provides for the	40493
Title XX social services to meet the goals specified in division	40494
(B) of this section.	40495

(F) ~~Not less often than every two years, the departments of~~	40496
~~job and family services, mental health, and mental retardation and~~	40497
~~developmental disabilities each shall commission an entity~~	40498
~~independent of itself to conduct an audit of its Title XX~~	40499
~~expenditures in accordance with generally accepted auditing~~	40500
~~principles. Within thirty days following the completion of its~~	40501
~~audit, each department shall submit a copy of the audit to the~~	40502
~~general assembly and to the United States secretary of health and~~	40503
~~human services.~~	40504

~~(G)~~ Any of the three state departments and their respective	40505
local agencies may require that an entity under contract to	40506
provide social services with Title XX funds submit to an audit on	40507
the basis of alleged misuse or improper accounting of funds. ~~The~~	40508
If an audit is required, the social services provider shall	40509
reimburse the state department or local agency for the cost it	40510
incurred in conducting the audit or having the audit conducted.	40511

If an audit demonstrates that a social services provider is	40512
responsible for one or more adverse findings, the provider shall	40513
reimburse the appropriate state department or its respective local	40514
agency the amount of the adverse findings. The amount shall not be	40515
reimbursed with Title XX funds received under this section. The	40516
three state departments and their respective local agencies may	40517
terminate or refuse to enter into a Title XX contract with a	40518
~~provider of~~ social services provider if there are adverse findings	40519
in an audit that are the responsibility of the provider. ~~The~~	40520
~~amount of any adverse findings shall not be reimbursed with Title~~	40521
~~XX funds. The cost of conducting an audit shall be reimbursed~~	40522
~~under a subsequent or amended Title XX contract with the provider.~~	40523

~~(H) If federal funds received by the department of job and~~	40524
~~family services for use under Chapters 5107. and 5108. of the~~	40525
~~Revised Code are transferred by the controlling board for use in~~	40526
~~providing social services under this section, the distribution and~~	40527
~~use of the funds are not subject to the provisions of division (C)~~	40528
~~of this section. The department may do one or both of the~~	40529
~~following with the funds:~~	40530

~~(1) Distribute the funds to the county departments of job and~~	40531
~~family services;~~	40532

~~(2) Use the funds for services that benefit individuals~~	40533
~~eligible for services consistent with the principles of Title IV-A~~	40534
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	40535
~~301, as amended.~~	40536

~~(I) Except for the authority to adopt rules under division~~	40537
~~(J) of this section as necessary to carry out this division, this~~	40538
~~section does not apply to any distribution by the department of~~	40539
~~job and family services of funds for reimbursement of allowable~~	40540
~~Title XX expenditures when the funds for the reimbursement are~~	40541
~~received from a federal funding source other than Title XX.~~	40542

~~(J)~~(G) The department of job and family services may adopt	40543
rules ~~necessary~~ to implement and carry out the purposes of this	40544
section. Rules ~~adopted under this division shall be adopted in~~	40545
~~accordance with Chapter 119. of the Revised Code, unless they are~~	40546
~~internal management rules governing fiscal and administrative~~	40547
~~matters. Internal~~governing financial and operational matters of	40548
the department or matters between the department and county	40549
departments of job and family services shall be adopted as	40550
internal management rules ~~may be adopted~~ in accordance with	40551
section 111.15 of the Revised Code. Rules governing eligibility	40552
for services, program participation, and other matters pertaining	40553
to applicants and participants shall be adopted in accordance with	40554
Chapter 119. of the Revised Code.	40555

Sec. 5101.461. (A) As used in this section:

40556

(1) "Title IV-A" means Title IV-A of the "Social Security	40557
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	40558

(2) "Title XX" has the same meaning as in section 5101.46 of	40559
the Revised Code.	40560

(B) To the extent authorized by federal law, the department	40561
of job and family services may use funds received through the	40562
Title IV-A temporary assistance for needy families block grant for	40563
purposes of providing Title XX social services. The amount used	40564
under this section shall not exceed the maximum amount permitted	40565
by federal law. The funds and provision of Title XX social	40566
services with the funds are not subject to section 5101.46 of the	40567
Revised Code.	40568

(C) The department and any county department of job and	40569
family services may require an entity under contract to provide	40570
Title XX social services with funds used under this section to	40571
submit to an audit on the basis of alleged misuse or improper	40572
accounting of funds. If an audit is required, the social services	40573
provider shall reimburse the state department or county department	40574
for the cost it incurred in conducting the audit or having the	40575
audit conducted.	40576

If an audit demonstrates that a social services provider is	40577
responsible for one or more adverse findings, the provider shall	40578
reimburse the state department or county department the amount of	40579
the adverse findings. The amount shall not be reimbursed with	40580
funds received under this section. The state department and county	40581
departments may terminate or refuse to enter into a contract with	40582
a social services provider to provide services with funds	40583
available pursuant to this section if there are adverse findings	40584
in an audit that are the responsibility of the provider.	40585

(D) The state department of job and family services may adopt	40586
rules to implement and carry out the purposes of this section.	40587
Rules governing financial and operational matters of the	40588
department or matters between the department and county	40589
departments of job and family services shall be adopted as	40590
internal management rules in accordance with section 111.15 of the	40591
Revised Code. Rules governing eligibility for services, program	40592
participation, and other matters pertaining to applicants and	40593
participants shall be adopted in accordance with Chapter 119. of	40594
the Revised Code.	40595

Sec. 5101.47. (A) ~~The~~Except as provided in division (B) of	40596
this section, the director of job and family services may accept	40597
applications, determine eligibility, redetermine eligibility, and	40598
perform related administrative activities for one or more of the	40599
following:	40600

(1) The medicaid program established by Chapter 5111. of the	40601
Revised Code;	40602

(2) The children's health insurance program parts I and II	40603
provided for under sections 5101.50 and 5101.51 of the Revised	40604
Code;	40605

(3) Publicly funded child care provided under Chapter 5104.	40606
of the Revised Code;	40607

(4) The food stamp program administered by the department of	40608
job and family services pursuant to section 5104.54 of the Revised	40609
Code;	40610

(5) Other programs the director determines are supportive of	40611
children, adults, or families ~~with at least one employed member~~;	40612

(6) Other programs regarding which the director determines	40613
administrative cost savings and efficiency may be achieved through	40614
the department accepting applications, determining eligibility,	40615
redetermining eligibility, or performing related administrative	40616
activities.	40617

(B) IfThe director may not accept applications, determine	40618
eligibility, redetermine eligibility, and perform related	40619
administrative activities for a program specified in or pursuant	40620
to division (A) of this section if federal law requires that	40621
individuals apply in person.	40622

(C) Subject to division (B) of this section, if the director	40623
elects to accept applications, determine eligibility, redetermine	40624
eligibility, and perform related administrative activities for a	40625
program specified in or pursuant to division (A) of this section,	40626
both of the following apply:	40627

(1) An individual seeking services under the program may	40628
apply for the program to the director or to the entity that state	40629
law governing the program authorizes to accept applications for	40630
the program.	40631

(2) The director is subject to federal statutes and	40632
regulations and state ~~law~~statutes and rules that require, permit,	40633
or prohibit an action regarding accepting applications,	40634
determining or redetermining eligibility, and performing related	40635
administrative activities for the program.	40636

~~(C)~~(D) The director may adopt rules as necessary to implement	40637
this section.	40638

Sec. 5101.80. (A) As used in this section and in section	40639
5101.801 of the Revised Code:	40640

(1) "County family services agency" has the same meaning as	40641
in section 307.981 of the Revised Code.	40642

(2) "State agency" has the same meaning as in section 9.82 of	40643
the Revised Code.	40644

(3) "Title IV-A program" means all of the following that are	40645
funded in part with funds provided under the temporary assistance	40646
for needy families block grant established by Title IV-A of the	40647
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	40648
amended:	40649

(a) The Ohio works first program established under Chapter	40650
5107. of the Revised Code;	40651

(b) The prevention, retention, and contingency program	40652
established under Chapter 5108. of the Revised Code;	40653

(c) A program established by the general assembly or an	40654
executive order issued by the governor that is administered or	40655
supervised by the department of job and family services pursuant	40656
to section 5101.801 of the Revised Code;	40657

(d) The kinship caregiver subsidy program created under	40658
section 5101.802 of the Revised Code;	40659

(e) A component of a Title IV-A program identified under	40660
divisions (A)(3)(a) to ~~(c)~~(d) of this section that the Title IV-A	40661
state plan prepared under division (C)(1) of this section	40662
identifies as a component.	40663

(B) The department of job and family services shall act as	40664
the single state agency to administer and supervise the	40665
administration of Title IV-A programs. The Title IV-A state plan	40666
and amendments to the plan prepared under division (C) of this	40667
section are binding on county family services agencies and state	40668
agencies that administer a Title IV-A program. No county family	40669
services agency or state agency administering a Title IV-A program	40670
may establish, by rule or otherwise, a policy governing the Title	40671
IV-A program that is inconsistent with a Title IV-A program policy	40672
established, in rule or otherwise, by the director of job and	40673
family services.	40674

(C) The department of job and family services shall do all of	40675
the following:	40676

(1) Prepare and submit to the United States secretary of	40677
health and human services a Title IV-A state plan for Title IV-A	40678
programs;	40679

(2) Prepare and submit to the United States secretary of	40680
health and human services amendments to the Title IV-A state plan	40681
that the department determines necessary, including amendments	40682
necessary to implement Title IV-A programs identified in division	40683
(A)(3)(c) ~~and~~, (d), and (e) of this section;	40684

(3) Prescribe forms for applications, certificates, reports,	40685
records, and accounts of county family services agencies and state	40686
agencies administering a Title IV-A program, and other matters	40687
related to Title IV-A programs;	40688

(4) Make such reports, in such form and containing such	40689
information as the department may find necessary to assure the	40690
correctness and verification of such reports, regarding Title IV-A	40691
programs;	40692

(5) Require reports and information from each county family	40693
services agency and state agency administering a Title IV-A	40694
program as may be necessary or advisable regarding the Title IV-A	40695
program;	40696

(6) Afford a fair hearing in accordance with section 5101.35	40697
of the Revised Code to any applicant for, or participant or former	40698
participant of, a Title IV-A program aggrieved by a decision	40699
regarding the program;	40700

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	40701
and 5108. of the Revised Code and ~~section~~sections 5101.801 and	40702
5101.802 of the Revised Code, any sums appropriated by the general	40703
assembly for the purpose of those chapters and ~~section~~sections	40704
and all sums paid to the state by the secretary of the treasury of	40705
the United States as authorized by Title IV-A of the "Social	40706
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended;	40707

(8) Conduct investigations and audits as are necessary	40708
regarding Title IV-A programs;	40709

(9) Enter into reciprocal agreements with other states	40710
relative to the provision of Ohio works first and prevention,	40711
retention, and contingency to residents and nonresidents;	40712

(10) Contract with a private entity to conduct an independent	40713
on-going evaluation of the Ohio works first program and the	40714
prevention, retention, and contingency program. The contract must	40715
require the private entity to do all of the following:	40716

(a) Examine issues of process, practice, impact, and	40717
outcomes;	40718

(b) Study former participants of Ohio works first who have	40719
not participated in Ohio works first for at least one year to	40720
determine whether they are employed, the type of employment in	40721
which they are engaged, the amount of compensation they are	40722
receiving, whether their employer provides health insurance,	40723
whether and how often they have received benefits or services	40724
under the prevention, retention, and contingency program, and	40725
whether they are successfully self sufficient;	40726

(c) Provide the department with reports at times the	40727
department specifies.	40728

(11) Not later than January 1, 2001, and the first day of	40729
each January and July thereafter, prepare a report containing	40730
information on the following:	40731

(a) Individuals exhausting the time limits for participation	40732
in Ohio works first set forth in section 5107.18 of the Revised	40733
Code.	40734

(b) Individuals who have been exempted from the time limits	40735
set forth in section 5107.18 of the Revised Code and the reasons	40736
for the exemption.	40737

(12) Not later than January 1, 2001, and on a quarterly basis	40738
thereafter until December 1, 2003, prepare, to the extent the	40739
necessary data is available to the department, a report based on	40740
information determined under section 5107.80 of the Revised Code	40741
that states how many former Ohio works first participants entered	40742
the workforce during the most recent previous quarter for which	40743
the information is known and includes information regarding the	40744
earnings of those former participants. The report shall include a	40745
county-by-county breakdown and shall not contain the names or	40746
social security numbers of former participants.	40747

(13) To the extent authorized by section 5101.801 of the	40748
Revised Code, enter into interagency agreements with state	40749
agencies for the administration of Title IV-A programs identified	40750
under division (A)(3)(c) and ~~(d)~~(e) of this section.	40751

(D) The department shall provide copies of the reports it	40752
receives under division (C)(10) of this section and prepares under	40753
divisions (C)(11) and (12) of this section to the governor, the	40754
president and minority leader of the senate, and the speaker and	40755
minority leader of the house of representatives. The department	40756
shall provide copies of the reports to any private or government	40757
entity on request.	40758

(E) An authorized representative of the department or a	40759
county family services agency or state agency administering a	40760
Title IV-A program shall have access to all records and	40761
information bearing thereon for the purposes of investigations	40762
conducted pursuant to this section.	40763

Sec. 5101.801. (A) Except as otherwise provided by the law	40764
enacted by the general assembly or executive order issued by the	40765
governor establishing the Title IV-A program, a Title IV-A program	40766
identified under division (A)(3)(c) or ~~(d)~~(e) of section 5101.80	40767
of the Revised Code shall provide benefits and services that are	40768
not "assistance" as defined in 45 C.F.R. 260.31(a) and are	40769
benefits and services that 45 C.F.R. 260.31(b) excludes from the	40770
definition of assistance.	40771

(B) Except as otherwise provided by the law enacted by the	40772
general assembly or executive order issued by the governor	40773
establishing the Title IV-A program, the department of job and	40774
family services shall do either of the following regarding a Title	40775
IV-A program identified under division (A)(3)(c) or ~~(d)~~(e) of	40776
section 5101.80 of the Revised Code:	40777

(1) Administer the program or supervise a county family	40778
services agency's administration of the program;	40779

(2) Enter into an interagency agreement with a state agency	40780
for the state agency to administer the program under the	40781
department's supervision.	40782

(C) If the department administers or supervises the	40783
administration of a Title IV-A program identified under division	40784
(A)(3)(c) or ~~(d)~~(e) of section 5101.80 of the Revised Code	40785
pursuant to division (B)(1) of this section, the department may	40786
adopt rules governing the program. Rules governing financial and	40787
operational matters of the department or between the department	40788
and the county family services agency shall be adopted as internal	40789
management rules adopted in accordance with section 111.15 of the	40790
Revised Code. All other rules shall be adopted in accordance with	40791
Chapter 119. of the Revised Code.	40792

(D) If the department enters into an interagency agreement	40793
regarding a Title IV-A program identified under division (A)(3)(c)	40794
or ~~(d)~~(e) of section 5101.80 of the Revised Code pursuant to	40795
division (B)(2) of this section, the agreement shall include at	40796
least all of the following:	40797

(1) A requirement that the state agency comply with the	40798
requirements for the program, including all of the following	40799
requirements established by federal statutes and regulations,	40800
state statutes and rules, the United States office of management	40801
and budget, and the Title IV-A state plan prepared under section	40802
5101.80 of the Revised Code:	40803

(a) Eligibility;

40804

(b) Reports;

40805

40806

(d) Use of funds;

40807

(e) Appeals for applicants for, and recipients and former	40808
recipients of, the benefits and services;	40809

(f) Audits.

40810

(2) A complete description of all of the following:

40811

(a) The benefits and services that the program is to provide;

40812

(b) The methods of program administration;

40813

(c) The appeals process under section 5101.35 of the Revised	40814
Code for applicants for, and recipients and former recipients of,	40815
the program's benefits and services;	40816

(d) Other program and administrative requirements that the	40817
department requires be included.	40818

(3) Procedures for the department to approve a policy,	40819
established by rule or otherwise, that the state agency	40820
establishes for the program before the policy is established;	40821

(4) Provisions regarding how the department is to reimburse	40822
the state agency for allowable expenditures under the program that	40823
the department approves, including all of the following:	40824

(a) Limitations on administrative costs;

40825

(b) The department, at its discretion, withholding no more	40826
than five per cent of the funds that the department would	40827
otherwise provide to the state agency for the program or charging	40828
the state agency for the costs to the department of performing, or	40829
contracting for the performance of, audits and other	40830
administrative functions associated with the program.	40831

(5) If the state agency arranges by contract, grant, or other	40832
agreement for another entity to perform a function the state	40833
agency would otherwise perform regarding the program, the state	40834
agency's responsibilities for both of the following:	40835

(a) Ensuring that the entity complies with the interagency	40836
agreement between the state agency and department and federal	40837
statutes and regulations and state statutes and rules governing	40838
the use of funds for the program;	40839

(b) Auditing the entity in accordance with requirements	40840
established by the United States office of management and budget.	40841

(6) The state agency's responsibilities regarding the prompt	40842
payment, including any interest assessed, of any adverse audit	40843
finding, final disallowance of federal funds, or other sanction or	40844
penalty imposed by the federal government, auditor of state,	40845
department, a court, or other entity regarding funds for the	40846
program;	40847

(7) Provisions for the department to terminate the	40848
interagency agreement or withhold reimbursement from the state	40849
agency if either of the following occur:	40850

(a) The federal government disapproves the program or reduces	40851
federal funds for the program;	40852

(b) The state agency fails to comply with the terms of the	40853
interagency agreement.	40854

(E) To the extent consistent with the law enacted by the	40855
general assembly or executive order issued by the governor	40856
establishing the Title IV-A program and subject to the approval of	40857
the director of budget and management, the director of job and	40858
family services may terminate a Title IV-A program identified	40859
under division (A)(3)(c) or ~~(d)~~(e) of section 5101.80 of the	40860
Revised Code or reduce funding for the program if the director of	40861
job and family services determines that federal or state funds are	40862
insufficient to fund the program. If the director of budget and	40863
management approves the termination or reduction in funding for	40864
such a program, the director of job and family services shall	40865
issue instructions for the termination or funding reduction. If a	40866
county family services agency or state agency is administering the	40867
program, the county family services agency or state agency is	40868
bound by the termination or funding reduction and shall comply	40869
with the director's instructions.	40870

(F) The director of job and family services may adopt	40871
internal management rules in accordance with section 111.15 of the	40872
Revised Code as necessary to implement this section. The rules are	40873
binding on each county family services agency and state agency	40874
administering, pursuant to this section, a Title IV-A program	40875
identified in division (A)(3)(c) or ~~(d)~~(e) of section 5101.80 of	40876
the Revised Code.	40877

Sec. 5101.802. (A) As used in this section:

40878

(1) "Kinship caregiver" has the same meaning as in section	40879
5101.85 of the Revised Code.	40880

(2) "Minor child" has the same meaning as in section 5107.02	40881
of the Revised Code.	40882

(B) There is hereby created the kinship caregiver subsidy	40883
program under which a monthly subsidy of two hundred fifty dollars	40884
shall be provided, to the extent funds are available for the	40885
program, to a kinship caregiver on behalf of each eligible minor	40886
child who the kinship caregiver cares for in place of the child's	40887
parents. A kinship caregiver may receive the monthly subsidy on	40888
behalf of a minor child if all of the following requirements are	40889
met:	40890

(1) The kinship caregiver applies to a public children	40891
services agency in accordance with the application process	40892
established in rules adopted under division (D) of this section;	40893

(2) The minor child for whom the kinship caregiver is to	40894
receive the subsidy payment is a child with special needs as that	40895
term is defined in rules adopted under section 5153.163 of the	40896
Revised Code and related to the kinship caregiver in a manner that	40897
makes the kinship caregiver a kinship caregiver;	40898

(3) A juvenile court has adjudicated that the minor child is	40899
an abused, neglected, or dependent child and determined that it is	40900
not in the child's best interest to be returned to the child's	40901
parents;	40902

(4) The kinship caregiver is either the minor child's legal	40903
custodian or legal guardian;	40904

(5) The minor child has resided with the kinship caregiver	40905
for at least six months pursuant to a placement approval process	40906
established in rules adopted under division (D) of this section	40907
and continues to reside with the kinship caregiver;	40908

(6) The gross income of the kinship caregiver's family does	40909
not exceed one hundred twenty per cent of the median income of a	40910
family of the same size, including the minor child, as most	40911
recently determined for this state by the secretary of health and	40912
human services under Title XX of the "Social Security Act," 88	40913
Stat. 2337, 42 U.S.C. 1397, as amended;	40914

(7) Neither the kinship caregiver nor the minor child is	40915
participating in the Ohio works first program established under	40916
Chapter 5107. of the Revised Code or has had participation in the	40917
Ohio works first program terminated because of a sanction imposed	40918
under section 5107.16 of the Revised Code;	40919

(8) Section 2151.86 of the Revised Code does not require a	40920
public children services agency to deny the application;	40921

(9) The kinship caregiver and minor child meet all other	40922
eligibility requirements established in rules adopted under	40923
division (D) of this section.	40924

(C) Public children services agencies shall make eligibility	40925
determinations and redeterminations for the kinship caregiver	40926
subsidy program in accordance with rules adopted under division	40927
(D) of this section. Eligibility redeterminations shall be done	40928
annually. The director of job and family services shall supervise	40929
public children services agencies' duties under this section.	40930

(D) The director of job and family services shall adopt rules	40931
in accordance with Chapter 119. of the Revised Code as necessary	40932
to implement the kinship caregiver subsidy program. The rules	40933
shall establish all of the following:	40934

(1) The application process for the program;

40935

(2) The placement approval process through which a minor	40936
child is placed with a kinship caregiver for the kinship caregiver	40937
to be eligible for the program;	40938

(3) Additional eligibility requirements for the program;

40939

(4) The eligibility determination and redetermination process	40940
for the program;	40941

(5) The amount of the subsidy provided under the program;

40942

(6) The method by which the subsidy is provided to a kinship	40943
caregiver on behalf of an eligible minor child;	40944

(7) Anything else the director considers necessary to	40945
implement the program.	40946

Sec. 5101.803. (A) There is hereby created the Title IV-A	40947
demonstration program to provide funding for innovative and	40948
promising prevention and intervention projects that meet one or	40949
more of the four purposes of the temporary assistance for needy	40950
families block grant as specified in 42 U.S.C. 601 and are for	40951
individuals with specific and multiple barriers to achieving or	40952
maintaining self-sufficiency and personal responsibility. The	40953
department of job and family services may provide funding for such	40954
projects to government entities and, to the extent permitted by	40955
federal law, private, not-for-profit entities with which the	40956
department enters into agreements under division (B)(2) of section	40957
5101.801 of the Revised Code.	40958

In accordance with criteria the department develops, the	40959
department may solicit proposals for entities seeking to enter	40960
into an agreement with the department under division (B)(2) of	40961
section 5101.801 of the Revised Code. The department may enter	40962
into such agreements with entities that do both of the following:	40963

(1) Meet the proposals' criteria;

40964

(2) If the entity's proposed project does not potentially	40965
affect persons in each county of the state, provides the	40966
department evidence that the entity has notified, in writing, the	40967
county department of job and family services of each county where	40968
persons may be affected by the implementation of the project.	40969

(B) In developing the criteria, soliciting the proposals, and	40970
entering in the agreements, the department shall comply with all	40971
applicable federal and state laws, the Title IV-A state plan	40972
submitted to the United States secretary of health and human	40973
services under section 5101.80 of the Revised Code, amendments to	40974
the Title IV-A state plan submitted to the United States secretary	40975
under that section, and federal waivers the United States	40976
secretary grants.	40977

Sec. 5101.821. Except as otherwise approved by the director	40978
of budget and management, the department of job and family	40979
services shall deposit federal funds received under Title IV-A of	40980
the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996),	40981
into the temporary assistance for needy families (TANF) federal	40982
fund, which is hereby created in the state treasury. The	40983
department shall use money in the fund for the Ohio works first	40984
program established under Chapter 5107. of the Revised Code; the	40985
prevention, retention, and contingency program established under	40986
Chapter 5108. of the Revised Code; social services provided	40987
pursuant to section 5101.461 of the Revised Code; and any other	40988
purposes consistent with Title IV-A, federal regulations, federal	40989
waivers granted by the United States secretary of health and human	40990
services, state law, the Title IV-A state plan and amendments	40991
submitted to the United States secretary of health and human	40992
services under section 5101.80 of the Revised Code, and rules	40993
adopted by the department under section 5107.05 of the Revised	40994
Code.	40995

Sec. 5104.01. As used in this chapter:

40996

(A) "Administrator" means the person responsible for the	40997
daily operation of a center or type A home. The administrator and	40998
the owner may be the same person.	40999

(B) "Approved child day camp" means a child day camp approved	41000
pursuant to section 5104.22 of the Revised Code.	41001

(C) "Authorized provider" means a person authorized by a	41002
county director of job and family services to operate a certified	41003
type B family day-care home.	41004

(D) "Border state child care provider" means a child care	41005
provider that is located in a state bordering Ohio and that is	41006
licensed, certified, or otherwise approved by that state to	41007
provide child care.	41008

(E) "Caretaker parent" means the father or mother of a child	41009
whose presence in the home is needed as the caretaker of the	41010
child, a person who has legal custody of a child and whose	41011
presence in the home is needed as the caretaker of the child, a	41012
guardian of a child whose presence in the home is needed as the	41013
caretaker of the child, and any other person who stands in loco	41014
parentis with respect to the child and whose presence in the home	41015
is needed as the caretaker of the child.	41016

(F) "Certified type B family day-care home" and "certified	41017
type B home" mean a type B family day-care home that is certified	41018
by the director of the county department of job and family	41019
services pursuant to section 5104.11 of the Revised Code to	41020
receive public funds for providing child care pursuant to this	41021
chapter and any rules adopted under it.	41022

(G) "Chartered nonpublic school" means a school that meets	41023
standards for nonpublic schools prescribed by the state board of	41024
education for nonpublic schools pursuant to section 3301.07 of the	41025
Revised Code.	41026

(H) "Child" includes an infant, toddler, preschool child, or	41027
school child.	41028

(I) "Child care block grant act" means the "Child Care and	41029
Development Block Grant Act of 1990," established in section 5082	41030
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	41031
1388-236 (1990), 42 U.S.C. 9858, as amended.	41032

(J) "Child day camp" means a program in which only school	41033
children attend or participate, that operates for no more than	41034
seven hours per day, that operates only during one or more public	41035
school district's regular vacation periods or for no more than	41036
fifteen weeks during the summer, and that operates outdoor	41037
activities for each child who attends or participates in the	41038
program for a minimum of fifty per cent of each day that children	41039
attend or participate in the program, except for any day when	41040
hazardous weather conditions prevent the program from operating	41041
outdoor activities for a minimum of fifty per cent of that day.	41042
For purposes of this division, the maximum seven hours of	41043
operation time does not include transportation time from a child's	41044
home to a child day camp and from a child day camp to a child's	41045
home.	41046

(K) "Child care" means administering to the needs of infants,	41047
toddlers, preschool children, and school children outside of	41048
school hours by persons other than their parents or guardians,	41049
custodians, or relatives by blood, marriage, or adoption for any	41050
part of the twenty-four-hour day in a place or residence other	41051
than a child's own home.	41052

(L) "Child day-care center" and "center" mean any place in	41053
which child care or publicly funded child care is provided for	41054
thirteen or more children at one time or any place that is not the	41055
permanent residence of the licensee or administrator in which	41056
child care or publicly funded child care is provided for seven to	41057
twelve children at one time. In counting children for the purposes	41058
of this division, any children under six years of age who are	41059
related to a licensee, administrator, or employee and who are on	41060
the premises of the center shall be counted. "Child day-care	41061
center" and "center" do not include any of the following:	41062

(1) A place located in and operated by a hospital, as defined	41063
in section 3727.01 of the Revised Code, in which the needs of	41064
children are administered to, if all the children whose needs are	41065
being administered to are monitored under the on-site supervision	41066
of a physician licensed under Chapter 4731. of the Revised Code or	41067
a registered nurse licensed under Chapter 4723. of the Revised	41068
Code, and the services are provided only for children who, in the	41069
opinion of the child's parent, guardian, or custodian, are	41070
exhibiting symptoms of a communicable disease or other illness or	41071
are injured;	41072

(2) A child day camp;

41073

(3) A place that provides child care, but not publicly funded	41074
child care, if all of the following apply:	41075

(a) An organized religious body provides the child care;

41076

(b) A parent, custodian, or guardian of at least one child	41077
receiving child care is on the premises and readily accessible at	41078
all times;	41079

(c) The child care is not provided for more than thirty days	41080
a year;	41081

(d) The child care is provided only for preschool and school	41082
children.	41083

(M) "Child care resource and referral service organization"	41084
means a community-based nonprofit organization that provides child	41085
care resource and referral services but not child care.	41086

(N) "Child care resource and referral services" means all of	41087
the following services:	41088

(1) Maintenance of a uniform data base of all child care	41089
providers in the community that are in compliance with this	41090
chapter, including current occupancy and vacancy data;	41091

(2) Provision of individualized consumer education to	41092
families seeking child care;	41093

(3) Provision of timely referrals of available child care	41094
providers to families seeking child care;	41095

(4) Recruitment of child care providers;

41096

(5) Assistance in the development, conduct, and dissemination	41097
of training for child care providers and provision of technical	41098
assistance to current and potential child care providers,	41099
employers, and the community;	41100

(6) Collection and analysis of data on the supply of and	41101
demand for child care in the community;	41102

(7) Technical assistance concerning locally, state, and	41103
federally funded child care and early childhood education	41104
programs;	41105

(8) Stimulation of employer involvement in making child care	41106
more affordable, more available, safer, and of higher quality for	41107
their employees and for the community;	41108

(9) Provision of written educational materials to caretaker	41109
parents and informational resources to child care providers;	41110

(10) Coordination of services among child care resource and	41111
referral service organizations to assist in developing and	41112
maintaining a statewide system of child care resource and referral	41113
services if required by the department of job and family services;	41114

(11) Cooperation with the county department of job and family	41115
services in encouraging the establishment of parent cooperative	41116
child care centers and parent cooperative type A family day-care	41117
homes.	41118

(O) "Child-care staff member" means an employee of a child	41119
day-care center or type A family day-care home who is primarily	41120
responsible for the care and supervision of children. The	41121
administrator may be a part-time child-care staff member when not	41122
involved in other duties.	41123

(P) "Drop-in child day-care center," "drop-in center,"	41124
"drop-in type A family day-care home," and "drop-in type A home"	41125
mean a center or type A home that provides child care or publicly	41126
funded child care for children on a temporary, irregular basis.	41127

(Q) "Employee" means a person who either:

41128

(1) Receives compensation for duties performed in a child	41129
day-care center or type A family day-care home;	41130

(2) Is assigned specific working hours or duties in a child	41131
day-care center or type A family day-care home.	41132

(R) "Employer" means a person, firm, institution,	41133
organization, or agency that operates a child day-care center or	41134
type A family day-care home subject to licensure under this	41135
chapter.	41136

(S) "Federal poverty line" means the official poverty	41137
guideline as revised annually in accordance with section 673(2) of	41138
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	41139
U.S.C. 9902, as amended, for a family size equal to the size of	41140
the family of the person whose income is being determined.	41141

(T) "Head start program" means a comprehensive child	41142
development program that receives funds distributed under the	41143
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	41144
amended~~, or under sections 3301.31 to 3301.37 of the Revised Code~~.	41145

(U) "Income" means gross income, as defined in section	41146
5107.10 of the Revised Code, less any amounts required by federal	41147
statutes or regulations to be disregarded.	41148

(V) "Indicator checklist" means an inspection tool, used in	41149
conjunction with an instrument-based program monitoring	41150
information system, that contains selected licensing requirements	41151
that are statistically reliable indicators or predictors of a	41152
child day-care center or type A family day-care home's compliance	41153
with licensing requirements.	41154

(W) "Infant" means a child who is less than eighteen months	41155
of age.	41156

(X) "In-home aide" means a person certified by a county	41157
director of job and family services pursuant to section 5104.12 of	41158
the Revised Code to provide publicly funded child care to a child	41159
in a child's own home pursuant to this chapter and any rules	41160
adopted under it.	41161

(Y) "Instrument-based program monitoring information system"	41162
means a method to assess compliance with licensing requirements	41163
for child day-care centers and type A family day-care homes in	41164
which each licensing requirement is assigned a weight indicative	41165
of the relative importance of the requirement to the health,	41166
growth, and safety of the children that is used to develop an	41167
indicator checklist.	41168

(Z) "License capacity" means the maximum number in each age	41169
category of children who may be cared for in a child day-care	41170
center or type A family day-care home at one time as determined by	41171
the director of job and family services considering building	41172
occupancy limits established by the department of commerce, number	41173
of available child-care staff members, amount of available indoor	41174
floor space and outdoor play space, and amount of available play	41175
equipment, materials, and supplies.	41176

(AA) "Licensed preschool program" or "licensed school child	41177
program" means a preschool program or school child program, as	41178
defined in section 3301.52 of the Revised Code, that is licensed	41179
by the department of education pursuant to sections 3301.52 to	41180
3301.59 of the Revised Code.	41181

(BB) "Licensee" means the owner of a child day-care center or	41182
type A family day-care home that is licensed pursuant to this	41183
chapter and who is responsible for ensuring its compliance with	41184
this chapter and rules adopted pursuant to this chapter.	41185

(CC) "Operate a child day camp" means to operate, establish,	41186
manage, conduct, or maintain a child day camp.	41187

(DD) "Owner" includes a person, as defined in section 1.59 of	41188
the Revised Code, or government entity.	41189

(EE) "Parent cooperative child day-care center," "parent	41190
cooperative center," "parent cooperative type A family day-care	41191
home," and "parent cooperative type A home" mean a corporation or	41192
association organized for providing educational services to the	41193
children of members of the corporation or association, without	41194
gain to the corporation or association as an entity, in which the	41195
services of the corporation or association are provided only to	41196
children of the members of the corporation or association,	41197
ownership and control of the corporation or association rests	41198
solely with the members of the corporation or association, and at	41199
least one parent-member of the corporation or association is on	41200
the premises of the center or type A home during its hours of	41201
operation.	41202

(FF) "Part-time child day-care center," "part-time center,"	41203
"part-time type A family day-care home," and "part-time type A	41204
home" mean a center or type A home that provides child care or	41205
publicly funded child care for no more than four hours a day for	41206
any child.	41207

(GG) "Place of worship" means a building where activities of	41208
an organized religious group are conducted and includes the	41209
grounds and any other buildings on the grounds used for such	41210
activities.	41211

(HH) "Preschool child" means a child who is three years old	41212
or older but is not a school child.	41213

(II) "Protective child care" means publicly funded child care	41214
for the direct care and protection of a child to whom either of	41215
the following applies:	41216

(1) A case plan prepared and maintained for the child	41217
pursuant to section 2151.412 of the Revised Code indicates a need	41218
for protective care and the child resides with a parent,	41219
stepparent, guardian, or another person who stands in loco	41220
parentis as defined in rules adopted under section 5104.38 of the	41221
Revised Code;	41222

(2) The child and the child's caretaker either temporarily	41223
reside in a facility providing emergency shelter for homeless	41224
families or are determined by the county department of job and	41225
family services to be homeless, and are otherwise ineligible for	41226
publicly funded child care.	41227

(JJ) "Publicly funded child care" means administering to the	41228
needs of infants, toddlers, preschool children, and school	41229
children under age thirteen during any part of the	41230
twenty-four-hour day by persons other than their caretaker parents	41231
for remuneration wholly or in part with federal or state funds,	41232
including funds available under the child care block grant act,	41233
Title IV-A, and Title XX, distributed by the department of job and	41234
family services.	41235

(KK) "Religious activities" means any of the following:	41236
worship or other religious services; religious instruction; Sunday	41237
school classes or other religious classes conducted during or	41238
prior to worship or other religious services; youth or adult	41239
fellowship activities; choir or other musical group practices or	41240
programs; meals; festivals; or meetings conducted by an organized	41241
religious group.	41242

(LL) "School child" means a child who is enrolled in or is	41243
eligible to be enrolled in a grade of kindergarten or above but is	41244
less than fifteen years old.	41245

(MM) "School child day-care center," "school child center,"	41246
"school child type A family day-care home," and "school child type	41247
A family home" mean a center or type A home that provides child	41248
care for school children only and that does either or both of the	41249
following:	41250

(1) Operates only during that part of the day that	41251
immediately precedes or follows the public school day of the	41252
school district in which the center or type A home is located;	41253

(2) Operates only when the public schools in the school	41254
district in which the center or type A home is located are not	41255
open for instruction with pupils in attendance.	41256

(NN) "State median income" means the state median income	41257
calculated by the department of development pursuant to division	41258
(A)(1)(g) of section 5709.61 of the Revised Code.	41259

(OO) "Title IV-A" means Title IV-A of the "Social Security	41260
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	41261

(PP) "Title XX" means Title XX of the "Social Security Act,"	41262
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	41263

(QQ) "Toddler" means a child who is at least eighteen months	41264
of age but less than three years of age.	41265

(RR) "Type A family day-care home" and "type A home" mean a	41266
permanent residence of the administrator in which child care or	41267
publicly funded child care is provided for seven to twelve	41268
children at one time or a permanent residence of the administrator	41269
in which child care is provided for four to twelve children at one	41270
time if four or more children at one time are under two years of	41271
age. In counting children for the purposes of this division, any	41272
children under six years of age who are related to a licensee,	41273
administrator, or employee and who are on the premises of the type	41274
A home shall be counted. "Type A family day-care home" does not	41275
include a residence in which the needs of children are	41276
administered to, if all of the children whose needs are being	41277
administered to are siblings of the same immediate family and the	41278
residence is the home of the siblings. "Type A family day-care	41279
home" and "type A home" do not include any child day camp.	41280

(SS) "Type B family day-care home" and "type B home" mean a	41281
permanent residence of the provider in which child care is	41282
provided for one to six children at one time and in which no more	41283
than three children are under two years of age at one time. In	41284
counting children for the purposes of this division, any children	41285
under six years of age who are related to the provider and who are	41286
on the premises of the type B home shall be counted. "Type B	41287
family day-care home" does not include a residence in which the	41288
needs of children are administered to, if all of the children	41289
whose needs are being administered to are siblings of the same	41290
immediate family and the residence is the home of the siblings.	41291
"Type B family day-care home" and "type B home" do not include any	41292
child day camp.	41293

Sec. 5104.32. (A) Except as provided in division (C) of this	41294
section, all purchases of publicly funded child care shall be made	41295
under a contract entered into by a licensed child day-care center,	41296
licensed type A family day-care home, certified type B family	41297
day-care home, certified in-home aide, approved child day camp,	41298
licensed preschool program, licensed school child program, or	41299
border state child care provider and the county department of job	41300
and family services. A county department of job and family	41301
services may enter into a contract with a provider for publicly	41302
funded child care for a specified period of time or upon a	41303
continuous basis for an unspecified period of time. All contracts	41304
for publicly funded child care shall be contingent upon the	41305
availability of state and federal funds. The department of job and	41306
family services shall prescribe a standard form to be used for all	41307
contracts for the purchase of publicly funded child care,	41308
regardless of the source of public funds used to purchase the	41309
child care. To the extent permitted by federal law and	41310
notwithstanding any other provision of the Revised Code that	41311
regulates state or county contracts or contracts involving the	41312
expenditure of state, county, or federal funds, all contracts for	41313
publicly funded child care shall be entered into in accordance	41314
with the provisions of this chapter and are exempt from any other	41315
provision of the Revised Code that regulates state or county	41316
contracts or contracts involving the expenditure of state, county,	41317
or federal funds.	41318

(B) Each contract for publicly funded child care shall	41319
specify at least the following:	41320

(1) That the provider of publicly funded child care agrees to	41321
be paid for rendering services at the lowest of the rate	41322
customarily charged by the provider for children enrolled for	41323
child care, the reimbursement ceiling or rate of payment	41324
established pursuant to section 5104.30 of the Revised Code, or a	41325
rate the county department negotiates with the provider;	41326

(2) That, if a provider provides child care to an individual	41327
potentially eligible for publicly funded child care who is	41328
subsequently determined to be eligible, the county department	41329
agrees to pay for all child care provided between the date the	41330
county department receives the individual's completed application	41331
and the date the individual's eligibility is determined;	41332

(3) Whether the county department of job and family services,	41333
the provider, or a child care resource and referral service	41334
organization will make eligibility determinations, whether the	41335
provider or a child care resource and referral service	41336
organization will be required to collect information to be used by	41337
the county department to make eligibility determinations, and the	41338
time period within which the provider or child care resource and	41339
referral service organization is required to complete required	41340
eligibility determinations or to transmit to the county department	41341
any information collected for the purpose of making eligibility	41342
determinations;	41343

(4) That the provider, other than a border state child care	41344
provider ~~or except as provided in division (B) of section 3301.37~~	41345
~~of the Revised Code~~, shall continue to be licensed, approved, or	41346
certified pursuant to this chapter and shall comply with all	41347
standards and other requirements in this chapter and in rules	41348
adopted pursuant to this chapter for maintaining the provider's	41349
license, approval, or certification;	41350

(5) That, in the case of a border state child care provider,	41351
the provider shall continue to be licensed, certified, or	41352
otherwise approved by the state in which the provider is located	41353
and shall comply with all standards and other requirements	41354
established by that state for maintaining the provider's license,	41355
certificate, or other approval;	41356

(6) Whether the provider will be paid by the county	41357
department of job and family services or the state department of	41358
job and family services;	41359

(7) That the contract is subject to the availability of state	41360
and federal funds.	41361

(C) Unless specifically prohibited by federal law, the county	41362
department of job and family services shall give individuals	41363
eligible for publicly funded child care the option of obtaining	41364
certificates for payment that the individual may use to purchase	41365
services from any provider qualified to provide publicly funded	41366
child care under section 5104.31 of the Revised Code. Providers of	41367
publicly funded child care may present these certificates for	41368
payment for reimbursement in accordance with rules that the	41369
director of job and family services shall adopt. Only providers	41370
may receive reimbursement for certificates for payment. The value	41371
of the certificate for payment shall be based on the lowest of the	41372
rate customarily charged by the provider, the reimbursement	41373
ceiling or rate of payment established pursuant to section 5104.30	41374
of the Revised Code, or a rate the county department negotiates	41375
with the provider. The county department may provide the	41376
certificates for payment to the individuals or may contract with	41377
child care providers or child care resource and referral service	41378
organizations that make determinations of eligibility for publicly	41379
funded child care pursuant to contracts entered into under section	41380
5104.34 of the Revised Code for the providers or resource and	41381
referral service organizations to provide the certificates for	41382
payment to individuals whom they determine are eligible for	41383
publicly funded child care.	41384

For each six-month period a provider of publicly funded child	41385
care provides publicly funded child day-care to the child of an	41386
individual given certificates for payment, the individual shall	41387
provide the provider certificates for days the provider would have	41388
provided publicly funded child care to the child had the child	41389
been present. County departments shall specify the maximum number	41390
of days providers will be provided certificates of payment for	41391
days the provider would have provided publicly funded child care	41392
had the child been present. The maximum number of days shall not	41393
exceed ten days in a six-month period during which publicly funded	41394
child care is provided to the child regardless of the number of	41395
providers that provide publicly funded child care to the child	41396
during that period.	41397

Sec. 5104.38. In addition to any other rules adopted under	41398
this chapter, the director of job and family services shall adopt	41399
rules in accordance with Chapter 119. of the Revised Code	41400
governing financial and administrative requirements for publicly	41401
funded child care and establishing all of the following:	41402

(A) Procedures and criteria to be used in making	41403
determinations of eligibility for publicly funded child care that	41404
give priority to children of families with lower incomes and	41405
procedures and criteria for eligibility for publicly funded	41406
protective child care. The rules shall specify the maximum amount	41407
of income a family may have for initial and continued eligibility.	41408
The maximum amount shall not exceed two hundred per cent of the	41409
federal poverty line.	41410

(B) Procedures under which a county department of job and	41411
family services may, if the department, under division (A) of this	41412
section, specifies a maximum amount of income a family may have	41413
for eligibility for publicly funded child care that is less than	41414
the maximum amount specified in that division, specify a maximum	41415
amount of income a family residing in the county the county	41416
department serves may have for initial and continued eligibility	41417
for publicly funded child care that is higher than the amount	41418
specified by the department but does not exceed the maximum amount	41419
specified in division (A) of this section;	41420

(C) A schedule of fees requiring all eligible caretaker	41421
parents to pay a fee for publicly funded child care according to	41422
income and family size, which shall be uniform for all types of	41423
publicly funded child care, except as authorized by rule, and, to	41424
the extent permitted by federal law, shall permit the use of state	41425
and federal funds to pay the customary deposits and other advance	41426
payments that a provider charges all children who receive child	41427
care from that provider. The schedule of fees ~~may not provide for~~	41428
~~a caretaker parent to pay a fee that exceeds ten per cent of the~~	41429
~~parent's family income~~shall be calculated as permitted by federal	41430
law.	41431

(D) A formula based upon a percentage of the county's total	41432
expenditures for publicly funded child care for determining the	41433
maximum amount of state and federal funds appropriated for	41434
publicly funded child care that a county department may use for	41435
administrative purposes;	41436

(E) Procedures to be followed by the department and county	41437
departments in recruiting individuals and groups to become	41438
providers of child care;	41439

(F) Procedures to be followed in establishing state or local	41440
programs designed to assist individuals who are eligible for	41441
publicly funded child care in identifying the resources available	41442
to them and to refer the individuals to appropriate sources to	41443
obtain child care;	41444

(G) Procedures to deal with fraud and abuse committed by	41445
either recipients or providers of publicly funded child care;	41446

(H) Procedures for establishing a child care grant or loan	41447
program in accordance with the child care block grant act;	41448

(I) Standards and procedures for applicants to apply for	41449
grants and loans, and for the department to make grants and loans;	41450

(J) A definition of "person who stands in loco parentis" for	41451
the purposes of division (II)(1) of section 5104.01 of the Revised	41452
Code;	41453

(K) Procedures for a county department of job and family	41454
services to follow in making eligibility determinations and	41455
redeterminations for publicly funded child care available through	41456
telephone, computer, and other means at locations other than the	41457
county department;	41458

(L) Any other rules necessary to carry out sections 5104.30	41459
to 5104.39 of the Revised Code.	41460

Sec. 5107.05. The director of job and family services shall	41461
adopt rules to implement this chapter. The rules shall be	41462
consistent with Title IV-A, Title IV-D, federal regulations, state	41463
law, the Title IV-A state plan submitted to the United States	41464
secretary of health and human services under section 5101.80 of	41465
the Revised Code, amendments to the plan, and waivers granted by	41466
the United States secretary. Rules governing eligibility, program	41467
participation, and other applicant and participant requirements	41468
shall be adopted in accordance with Chapter 119. of the Revised	41469
Code. Rules governing financial and other administrative	41470
requirements applicable to the department of job and family	41471
services and county departments of job and family services shall	41472
be adopted in accordance with section 111.15 of the Revised Code.	41473

(A) The rules shall specify, establish, or govern all of the	41474
following:	41475

(1) A payment standard for Ohio works first based on federal	41476
and state appropriations;	41477

(2) The method of determining the amount of cash assistance	41478
an assistance group receives under Ohio works first;	41479

(3) Requirements for initial and continued eligibility for	41480
Ohio works first, including requirements regarding income,	41481
citizenship, age, residence, and assistance group composition. The	41482
rules regarding income shall specify what is countable income,	41483
gross earned income, and gross unearned income for the purpose of	41484
section 5107.10 of the Revised Code.	41485

(4) For the purpose of section 5107.12 of the Revised Code,	41486
application and verification procedures, including the minimum	41487
information an application must contain;	41488

(5) The extent to which a participant of Ohio works first	41489
must notify, pursuant to section 5107.12 of the Revised Code, a	41490
county department of job and family services of additional income	41491
not previously reported to the county department;	41492

(6) The department of job and family services providing	41493
written notice of a sanction under section 5107.161 of the Revised	41494
Code;	41495

(7) Requirements for the collection and distribution of	41496
support payments owed participants of Ohio works first pursuant to	41497
section 5107.20 of the Revised Code;	41498

(8) For the purpose of section 5107.22 of the Revised Code,	41499
what constitutes cooperating in establishing a minor child's	41500
paternity or establishing, modifying, or enforcing a child support	41501
order and good cause for failure or refusal to cooperate. The rule	41502
shall be consistent with 42 U.S.C.A. 654(29).	41503

(9) The ~~administration of~~requirements governing the LEAP	41504
program provided for under section 5107.30 of the Revised Code,	41505
including the definitions of "equivalent of a high school diploma"	41506
and "good cause," and the incentives provided under the LEAP	41507
program;	41508

(10) If the director implements section 5107.301 of the	41509
Revised Code, the requirements governing the award provided under	41510
that section, including the form that the award is to take and	41511
requirements an individual must satisfy to receive the award;	41512

(11) Circumstances under which a county department of job and	41513
family services may exempt a minor head of household or adult from	41514
participating in a work activity or developmental activity for all	41515
or some of the weekly hours otherwise required by section 5107.43	41516
of the Revised Code. Circumstances shall include that a school or	41517
place of work is closed due to a holiday or weather or other	41518
emergency and that an employer grants the minor head of household	41519
or adult leave for illness or earned vacation.	41520

~~(11)~~(12) The maximum amount of time the department will	41521
subsidize positions created by state agencies and political	41522
subdivisions under division (C) of section 5107.52 of the Revised	41523
Code.	41524

(B) The rules may provide that a county department of job and	41525
family services is not required to take action under section	41526
5107.76 of the Revised Code to recover an erroneous payment that	41527
is below an amount the department specifies.	41528

Sec. 5107.10. (A) As used in this section:

41529

(1) "Countable income," "gross earned income," and "gross	41530
unearned income" have the meanings established in rules adopted	41531
under section 5107.05 of the Revised Code.	41532

(2) "Federal poverty guidelines" has the same meaning as in	41533
section 5101.46 of the Revised Code, except that references to a	41534
person's family in the definition shall be deemed to be references	41535
to the person's assistance group.	41536

(3) "Gross income" means gross earned income and gross	41537
unearned income.	41538

~~(3)~~(4) "Initial eligibility threshold" means the higher of	41539
the following:	41540

(a) Fifty per cent of the federal poverty guidelines;

41541

(b) The gross income maximum for initial eligibility for Ohio	41542
works first as that maximum was set by division (D)(1)(a) of this	41543
section on the day before the effective date of this amendment.	41544

(5) "Strike" means continuous concerted action in failing to	41545
report to duty; willful absence from one's position; or stoppage	41546
of work in whole from the full, faithful, and proper performance	41547
of the duties of employment, for the purpose of inducing,	41548
influencing, or coercing a change in wages, hours, terms, and	41549
other conditions of employment. "Strike" does not include a	41550
stoppage of work by employees in good faith because of dangerous	41551
or unhealthful working conditions at the place of employment that	41552
are abnormal to the place of employment.	41553

(B) Under the Ohio works first program, an assistance group	41554
shall receive, except as otherwise provided by this chapter,	41555
time-limited cash assistance. In the case of an assistance group	41556
that includes a minor head of household or adult, assistance shall	41557
be provided in accordance with the self-sufficiency contract	41558
entered into under section 5107.14 of the Revised Code.	41559

(C) To be eligible to participate in Ohio works first, an	41560
assistance group must meet all of the following requirements:	41561

(1) The assistance group, except as provided in division (E)	41562
of this section, must include at least one of the following:	41563

(a) A minor child who, except as provided in section 5107.24	41564
of the Revised Code, resides with a parent, or specified relative	41565
caring for the child, or, to the extent permitted by Title IV-A	41566
and federal regulations adopted until Title IV-A, resides with a	41567
guardian or custodian caring for the child;	41568

(b) A parent residing with and caring for the parent's minor	41569
child who receives supplemental security income under Title XVI of	41570
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	41571
as amended, or federal, state, or local adoption assistance;	41572

(c) A specified relative residing with and caring for a minor	41573
child who is related to the specified relative in a manner that	41574
makes the specified relative a specified relative and receives	41575
supplemental security income or federal, state, or local foster	41576
care or adoption assistance;	41577

(d) A woman at least six months pregnant.

41578

(2) The assistance group must meet the income requirements	41579
established by division (D) of this section.	41580

(3) No member of the assistance group may be involved in a	41581
strike.	41582

(4) The assistance group must satisfy the requirements for	41583
Ohio works first established by this chapter and sections 5101.58,	41584
5101.59, and 5101.83 of the Revised Code.	41585

(5) The assistance group must meet requirements for Ohio	41586
works first established by rules adopted under section 5107.05 of	41587
the Revised Code.	41588

(D)(1) Except as provided in division (D)~~(3)~~(4) of this	41589
section, to determine whether an assistance group is initially	41590
eligible to participate in Ohio works first, a county department	41591
of job and family services shall do the following:	41592

(a) Determine whether the assistance group's gross income	41593
exceeds the ~~following amount:~~	41594

~~Size of Assistance Group~~

~~Gross Income~~

41595

1	~~$423~~	41596
2	~~$537~~	41597
3	~~$630~~	41598
4	~~$750~~	41599
5	~~$858~~	41600
6	~~$942~~	41601
7	~~$1,038~~	41602
8	~~$1,139~~	41603
9	~~$1,241~~	41604
10	~~$1,343~~	41605
11	~~$1,440~~	41606
12	~~$1,542~~	41607
13	~~$1,643~~	41608
14	~~$1,742~~	41609
15	~~$1,844~~	41610

~~For each person in the assistance group that brings the~~	41611
~~assistance group to more than fifteen persons, add one hundred two~~	41612
~~dollars to the amount of gross income for an assistance group of~~	41613
~~fifteen specified in division (D)(1)(a) of this section.~~	41614

Ininitial eligibility threshold. In making this	41615
determination, the county department shall disregard amounts that	41616
federal statutes or regulations and sections 5101.17 and 5117.10	41617
of the Revised Code require be disregarded. The assistance group	41618
is ineligible to participate in Ohio works first if the assistance	41619
group's gross income, less the amounts disregarded, exceeds the	41620
~~amount specified in division (D)(1)(a) of this section~~initial	41621
eligibility threshold.	41622

(b) If the assistance group's gross income, less the amounts	41623
disregarded pursuant to division (D)(1)(a) of this section, does	41624
not exceed the ~~amount specified in that division~~initial	41625
eligibility threshold, determine whether the assistance group's	41626
countable income is less than the payment standard. The assistance	41627
group is ineligible to participate in Ohio works first if the	41628
assistance group's countable income equals or exceeds the payment	41629
standard.	41630

(2) For the purpose of determining whether an assistance	41631
group meets the income requirement established by division	41632
(D)(1)(a) of this section, the annual revision that the United	41633
States department of health and human services makes to the	41634
federal poverty guidelines shall go into effect on the first day	41635
of July of the year for which the revision is made.	41636

(3) To determine whether an assistance group participating in	41637
Ohio works first continues to be eligible to participate, a county	41638
department of job and family services shall determine whether the	41639
assistance group's countable income continues to be less than the	41640
payment standard. In making this determination, the county	41641
department shall disregard the first two hundred fifty dollars and	41642
fifty per cent of the remainder of the assistance group's gross	41643
earned income. No amounts shall be disregarded from the assistance	41644
group's gross unearned income. The assistance group ceases to be	41645
eligible to participate in Ohio works first if its countable	41646
income, less the amounts disregarded, equals or exceeds the	41647
payment standard.	41648

~~(3)~~(4) If an assistance group reapplies to participate in	41649
Ohio works first not more than four months after ceasing to	41650
participate, a county department of job and family services shall	41651
use the income requirement established by division (D)~~(2)~~(3) of	41652
this section to determine eligibility for resumed participation	41653
rather than the income requirement established by division (D)(1)	41654
of this section.	41655

(E)(1) An assistance group may continue to participate in	41656
Ohio works first even though a public children services agency	41657
removes the assistance group's minor children from the assistance	41658
group's home due to abuse, neglect, or dependency if the agency	41659
does both of the following:	41660

(a) Notifies the county department of job and family services	41661
at the time the agency removes the children that it believes the	41662
children will be able to return to the assistance group within six	41663
months;	41664

(b) Informs the county department at the end of each of the	41665
first five months after the agency removes the children that the	41666
parent, guardian, custodian, or specified relative of the children	41667
is cooperating with the case plans prepared for the children under	41668
section 2151.412 of the Revised Code and that the agency is making	41669
reasonable efforts to return the children to the assistance group.	41670

(2) An assistance group may continue to participate in Ohio	41671
works first pursuant to division (E)(1) of this section for not	41672
more than six payment months. This division does not affect the	41673
eligibility of an assistance group that includes a woman at least	41674
six months pregnant.	41675

Sec. 5107.26. (A) As used in this section:

41676

(1) "Transitional child care" means publicly funded child	41677
care provided under division (A)(3) of section 5104.34 of the	41678
Revised Code.	41679

(2) "Transitional medicaid" means the medical assistance	41680
provided under section ~~5111.023~~5111.0114 of the Revised Code.	41681

(B) Except as provided in division (C) of this section, each	41682
member of an assistance group participating in Ohio works first is	41683
ineligible to participate in the program for six payment months if	41684
a county department of job and family services determines that a	41685
member of the assistance group terminated the member's employment	41686
and each person who, on the day prior to the day a recipient	41687
begins to receive transitional child care or transitional	41688
medicaid, was a member of the recipient's assistance group is	41689
ineligible to participate in Ohio works first for six payment	41690
months if a county department determines that the recipient	41691
terminated the recipient's employment.	41692

(C) No assistance group member shall lose or be denied	41693
eligibility to participate in Ohio works first pursuant to	41694
division (B) of this section if the termination of employment was	41695
because an assistance group member or recipient of transitional	41696
child care or transitional medicaid secured comparable or better	41697
employment or the county department of job and family services	41698
certifies that the member or recipient terminated the employment	41699
with just cause.	41700

Just cause includes the following:

41701

(1) Discrimination by an employer based on age, race, sex,	41702
color, handicap, religious beliefs, or national origin;	41703

(2) Work demands or conditions that render continued	41704
employment unreasonable, such as working without being paid on	41705
schedule;	41706

(3) Employment that has become unsuitable due to any of the	41707
following:	41708

(a) The wage is less than the federal minimum wage;

41709

(b) The work is at a site subject to a strike or lockout,	41710
unless the strike has been enjoined under section 208 of the	41711
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	41712
178, as amended, an injunction has been issued under section 10 of	41713
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	41714
amended, or an injunction has been issued under section 4117.16 of	41715
the Revised Code;	41716

(c) The documented degree of risk to the member or	41717
recipient's health and safety is unreasonable;	41718

(d) The member or recipient is physically or mentally unfit	41719
to perform the employment, as documented by medical evidence or by	41720
reliable information from other sources.	41721

(4) Documented illness of the member or recipient or of	41722
another assistance group member of the member or recipient	41723
requiring the presence of the member or recipient;	41724

(5) A documented household emergency;

41725

(6) Lack of adequate child care for children of the member or	41726
recipient who are under six years of age.	41727

Sec. 5107.30. (A) As used in this section:

41728

(1) "Equivalent of a high school diploma" and "good cause"	41729
have the meanings established in rules adopted under section	41730
5107.05 of the Revised Code.	41731

(2) "LEAP program" means the learning, earning, and parenting	41732
program.	41733

~~(2) "Teen"~~(3) "Participating teen" means an individual to	41734
whom all of the following apply:	41735

(a) The individual is a participant of Ohio works first ~~who~~;

41736

(b) The individual is under age eighteen or is age eighteen	41737
and in school and is a natural or adoptive parent or is pregnant;	41738

(c) The individual is subject to the LEAP program's	41739
requirements.	41740

~~(3)~~(4) "School" means an educational program that is designed	41741
to lead to the attainment of a high school diploma or the	41742
equivalent of a high school diploma.	41743

(B) The director of job and family services may ~~adopt rules~~	41744
~~under section 5107.05 of the Revised Code, to the extent that such~~	41745
~~rules are consistent with federal law, to do all of the following:~~	41746

~~(1) Define "good cause" and "the equivalent of a high school~~	41747
~~diploma" for the purposes of this section;~~	41748

~~(2) Conduct~~conduct a program titled the "LEAP program" ~~and~~	41749
~~establish requirements governing the program~~in accordance with	41750
rules adopted under section 5107.05 of the Revised Code. The	41751
purpose of the LEAP program is to encourage teens to complete	41752
school.	41753

~~(3) Require every~~Every participating teen ~~who is subject to~~	41754
~~LEAP program requirements to~~shall attend school in accordance	41755
with the requirements governing the LEAP program unless the	41756
participating teen shows good cause for not attending school. The	41757
department shall provide, in addition to the cash assistance	41758
payment provided under Ohio works first, an incentive payment, in	41759
an amount determined by the department, to every participating	41760
teen who ~~is participating in the LEAP program and~~ attends school	41761
in accordance with the requirements governing the LEAP program. In	41762
addition to the incentive payment, the department may provide	41763
other incentives to participating teens who attend school in	41764
accordance with the LEAP program's requirements. The department	41765
shall reduce the cash assistance payment, in an amount determined	41766
by the department, under Ohio works first to every participating	41767
teen ~~participating in the LEAP program~~ who fails or refuses,	41768
without good cause, to meet the LEAP program's requirements	41769
~~governing the program~~.	41770

~~(4) Require every~~Every participating teen ~~who is subject to~~	41771
~~LEAP program requirements to~~shall enter into a written agreement	41772
with the county department of job and family services that	41773
~~provides~~specifies all of the following:	41774

~~(a)~~(1) The participating teen, to be eligible to receive the	41775
incentive payment and other incentives, if any, under ~~division~~	41776
~~(B)(3) of~~ this section, must meet the requirements of the LEAP	41777
program.	41778

~~(b)~~(2) The ~~county department will provide the~~ incentive	41779
payment ~~to the teen~~and other incentives, if any, will be provided	41780
if the participating teen meets the requirements of the LEAP	41781
program.	41782

~~(c)~~(3) The ~~county department will reduce the~~participating	41783
teen's cash assistance payment under Ohio works first will be	41784
reduced if the participating teen fails or refuses without good	41785
cause to attend school in accordance with the requirements	41786
governing the LEAP program.	41787

(C) A minor head of household who is participating in the	41788
LEAP program shall be considered to be participating in a work	41789
activity for the purpose of sections 5107.40 to 5107.69 of the	41790
Revised Code. However, the minor head of household is not subject	41791
to the requirements or sanctions of those sections.	41792

(D) Subject to the availability of funds, county departments	41793
of job and family services shall provide for ~~LEAP participants~~	41794
participating teens to receive support services the county	41795
department determines to be necessary for LEAP participation.	41796
Support services may include publicly funded child care under	41797
Chapter 5104. of the Revised Code, transportation, and other	41798
services.	41799

Sec. 5107.301. For the purpose of encouraging individuals	41800
who have successfully completed the requirements of the LEAP	41801
program to enroll in post-secondary education, the director of job	41802
and family services may provide an award to such individuals who	41803
enroll in post-secondary education. If provided, the award shall	41804
be provided in accordance with rules adopted under section 5107.05	41805
of the Revised Code.	41806

Sec. 5107.58. In accordance with a federal waiver granted by	41807
the United States secretary of health and human services pursuant	41808
to a request made under former section 5101.09 of the Revised	41809
Code, county departments of job and family services may establish	41810
and administer as a work activity for minor heads of households	41811
and adults participating in Ohio works first an education program	41812
under which the participant is enrolled full-time in	41813
post-secondary education leading to vocation at a state	41814
institution of higher education, as defined in section 3345.031 of	41815
the Revised Code; a private nonprofit college or university that	41816
possesses a certificate of authorization issued by the Ohio board	41817
of regents pursuant to Chapter 1713. of the Revised Code, or is	41818
exempted by division (E) of section 1713.02 of the Revised Code	41819
from the requirement of a certificate; a school that holds a	41820
certificate of registration and program authorization issued by	41821
the state board of career colleges and schools under Chapter 3332.	41822
of the Revised Code; a private institution exempt from regulation	41823
under Chapter 3332. of the Revised Code as prescribed in section	41824
3333.046 of the Revised Code; or a school that has entered into a	41825
contract with the county department of job and family services.	41826
The participant shall make reasonable efforts, as determined by	41827
the county department, to obtain a loan, scholarship, grant, or	41828
other assistance to pay for the tuition, including a federal Pell	41829
grant under 20 U.S.C.A. 1070a ~~and~~, an Ohio instructional grant	41830
under section 3333.12 of the Revised Code, and an Ohio college	41831
opportunity grant under section 3333.122 of the Revised Code. If	41832
the participant has made reasonable efforts but is unable to	41833
obtain sufficient assistance to pay the tuition the program may	41834
pay the tuition. On or after October 1, 1998, the county	41835
department may enter into a loan agreement with the participant to	41836
pay the tuition. The total period for which tuition is paid and	41837
loans made shall not exceed two years. If the participant,	41838
pursuant to division (B)(3) of section 5107.43 of the Revised	41839
Code, volunteers to participate in the education program for more	41840
hours each week than the participant is assigned to the program,	41841
the program may pay or the county department may loan the cost of	41842
the tuition for the additional voluntary hours as well as the cost	41843
of the tuition for the assigned number of hours. The participant	41844
may receive, for not more than three years, support services,	41845
including publicly funded child care under Chapter 5104. of the	41846
Revised Code and transportation, that the participant needs to	41847
participate in the program. To receive support services in the	41848
third year, the participant must be, as determined by the	41849
educational institution in which the participant is enrolled, in	41850
good standing with the institution.	41851

A county department that provides loans under this section	41852
shall establish procedures governing loan application for and	41853
approval and administration of loans granted pursuant to this	41854
section.	41855

Sec. 5110.01. As used in this chapter:

41856

(A) "Administrative fee" means the amount specified in rules	41857
adopted under division (G) of section 5110.35 of the Revised Code.	41858

(B) "Children's health insurance program" means the	41859
children's health insurance program part I and part II established	41860
under sections 5101.50 to 5101.5110 of the Revised Code.	41861

(C) ~~"Disability medical assistance program" means the program~~	41862
~~established under section 5115.10 of the Revised Code.~~	41863

~~(D)~~ "Medicaid" means the medical assistance program	41864
established under Chapter 5111. of the Revised Code.	41865

~~(E)~~(D) "National drug code number" means the number	41866
registered for a drug pursuant to the listing system established	41867
by the United States food and drug administration under the "Drug	41868
Listing Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended.	41869

~~(F)~~(E) "Ohio's best Rx program administrator" means the	41870
entity, if any, the department of job and family services	41871
contracts with pursuant to section 5110.10 of the Revised Code to	41872
perform administrative functions of the Ohio's best Rx program and	41873
to offer the mail order system through which Ohio's best Rx	41874
program participants may obtain drugs by mail.	41875

~~(G)~~(F) "Ohio's best Rx program applicant" or "applicant"	41876
means an individual who signs an application for the Ohio's best	41877
Rx program and submits it to the department of job and family	41878
services, or the Ohio's best Rx program administrator, for a	41879
determination of eligibility for the program.	41880

~~(H)~~(G) "Ohio's best Rx program participant" or "participant"	41881
means an individual determined eligible for the Ohio's best Rx	41882
program and included under a valid Ohio's best Rx program	41883
enrollment card.	41884

~~(I)~~(H) "Ohio's best Rx program price" means the price a	41885
participating terminal distributor is to charge an Ohio's best Rx	41886
program participant for a drug included in the Ohio's best Rx	41887
program as determined under section 5110.14 of the Revised Code.	41888
"Ohio's best Rx program price" does not include either of the	41889
following:	41890

(1) The amount of the professional fee, if any, the	41891
participating terminal distributor adds to the Ohio's best Rx	41892
program price pursuant to an agreement under section 5110.12 of	41893
the Revised Code;	41894

(2) The amount of the administrative fee, if any, the	41895
department of job and family services reports to the participating	41896
terminal distributor under section 5110.29 of the Revised Code.	41897

~~(J)~~(I) "Participating manufacturer" means a drug manufacturer	41898
participating in the Ohio's best Rx program pursuant to a rebate	41899
agreement.	41900

~~(K)~~(J) "Participating terminal distributor" means a terminal	41901
distributor of dangerous drugs participating in the Ohio's best Rx	41902
program pursuant to an agreement entered into with the department	41903
of job and family services under section 5110.12 of the Revised	41904
Code.	41905

~~(L)~~(K) "Per unit price," with regard to a state health	41906
benefit plan or state retirement system health benefit plan, means	41907
the total amount paid to a terminal distributor of dangerous drugs	41908
under a state health benefit plan or state retirement system	41909
health benefit plan for one unit of a drug covered by the plan,	41910
after the plan discounts or otherwise reduces the amount to be	41911
paid to the terminal distributor. "Per unit price" includes both	41912
of the following:	41913

(1) The amount that the state health benefit plan or state	41914
retirement system health benefit plan, or other government entity	41915
or person authorized to make the payment on behalf of the plan,	41916
pays to the terminal distributor of dangerous drugs;	41917

(2) The amount that the beneficiary of the state health	41918
benefit plan or state retirement system health benefit plan pays	41919
to the terminal distributor of dangerous drugs in the form of a	41920
copayment, coinsurance, or other cost-sharing charge.	41921

~~(M)~~(L) "Per unit rebate," with regard to a state health	41922
benefit plan or state retirement system health benefit plan, means	41923
all rebates, discounts, formulary fees, administrative fees, and	41924
other allowances a drug manufacturer pays to the plan, or other	41925
government entity or person authorized to receive all or part of	41926
such payments, for a drug during a calendar year, divided by the	41927
total number of units of that drug dispensed under the plan during	41928
the same calendar year.	41929

~~(N)~~(M) "Rebate administration percentage" means the	41930
percentage specified in rules adopted under division (K) of	41931
section 5110.35 of the Revised Code.	41932

~~(O)~~(N) "Rebate agreement" means an agreement under section	41933
5110.21 of the Revised Code between the department of job and	41934
family services and a drug manufacturer.	41935

~~(P)~~(O) "State health benefit plan" means a program of health	41936
care benefits offered through the Ohio med preferred provider	41937
organization, or a successor entity selected by the state, to	41938
which either of the following apply:	41939

(1) It is provided by a collective bargaining agreement	41940
authorized by division (A)(4) of section 4117.03 of the Revised	41941
Code.	41942

(2) It is offered by the department of administrative	41943
services to state employees in accordance with section 124.81 or	41944
124.82 of the Revised Code.	41945

~~(Q)~~(P) "State retirement system" means all of the following:	41946
the public employees retirement system, state teachers retirement	41947
system, school employees retirement system, Ohio police and fire	41948
pension fund, and state highway patrol retirement system.	41949

~~(R)~~(Q) "State retirement system health benefit plan" means a	41950
plan of health care benefits offered by a state retirement system	41951
under section 145.58, 742.45, 3307.39, 3309.69, or 5505.28 of the	41952
Revised Code.	41953

~~(S)~~(R) "Terminal distributor of dangerous drugs" has the same	41954
meaning as in section 4729.01 of the Revised Code.	41955

~~(T)~~(S) "Third-party payer" has the same meaning as in section	41956
3901.38 of the Revised Code.	41957

~~(U)~~(T) "Trade secret" has the same meaning as in section	41958
1333.61 of the Revised Code.	41959

~~(V)~~(U) "Usual and customary charge" means the amount a	41960
participating terminal distributor or the Ohio's best Rx program	41961
administrator charges for a drug included in the program to an	41962
individual who does not receive a discounted price for the drug	41963
pursuant to any drug discount program, including the Ohio's best	41964
Rx program, a prescription drug discount card program established	41965
under section 173.061 of the Revised Code, or a pharmacy	41966
assistance program established by any person or government entity,	41967
and for whom no third-party payer or program funded in whole or	41968
part with state or federal funds is responsible for all or part of	41969
the cost of the drug the distributor dispenses to the individual.	41970

Sec. 5110.05. (A) To be eligible for the Ohio's best Rx	41971
program, an individual must meet all of the following requirements	41972
at the time of application or reapplication for the program:	41973

(1) Be a resident of this state;

41974

(2) Have family income, as determined under rules adopted	41975
pursuant to section 5110.35 of the Revised Code, that does not	41976
exceed two hundred fifty per cent of the federal poverty	41977
guidelines, as revised annually by the United States department of	41978
health and human services in accordance with section 673(2) of the	41979
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	41980
U.S.C. 9902, as amended, or be sixty years of age or older;	41981

(3) Not have outpatient prescription drug coverage paid for	41982
in whole or in part by any of the following:	41983

(a) A third-party payer;

41984

(b) The medicaid program;

41985

41986

(d) ~~The disability medical assistance program;~~

41987

~~(e)~~ Another health plan or pharmacy assistance program that	41988
uses state or federal funds to pay part or all of the cost of the	41989
individual's outpatient prescription drugs, other than a	41990
prescription drug discount card program established under section	41991
173.061 of the Revised Code.	41992

(4) Not have had outpatient prescription drug coverage	41993
specified in division (A)(3) of this section during any of the	41994
four months preceding the month in which the application or	41995
reapplication for the Ohio's best Rx program is made, unless any	41996
of the following applies:	41997

(a) The individual is sixty years of age or older.

41998

(b) The third-party payer that paid all or part of the	41999
coverage filed for bankruptcy under federal bankruptcy laws.	42000

(c) The individual is no longer eligible for coverage	42001
provided through a retirement plan subject to protection under the	42002
"Employee Retirement Income Security Act of 1974," 88 Stat. 832,	42003
29 U.S.C. 1001, as amended.	42004

(d) The individual is no longer eligible for the medicaid	42005
program,or children's health insurance program~~, or disability~~	42006
~~medical assistance program~~.	42007

(B) Application and annual reapplication for the Ohio's best	42008
Rx program shall be made in accordance with rules adopted under	42009
section 5110.35 of the Revised Code on a form prescribed in those	42010
rules. An individual may apply or reapply on behalf of the	42011
individual and the individual's spouse and children. The guardian	42012
or custodian of an individual may apply or reapply on behalf of	42013
the individual.	42014

Sec. 5110.352. As used in this section, "medicaid dispensing	42015
fee" means the dispensing fee established under section ~~5111.08~~	42016
5111.071 of the Revised Code for the medicaid program.	42017

In adopting a rule under division (F) of section 5110.35 of	42018
the Revised Code increasing the maximum amount of the professional	42019
fee participating terminal distributors may charge Ohio's best Rx	42020
program participants under section 5110.12 of the Revised Code and	42021
the Ohio's best Rx program administrator may charge under a	42022
contract entered into under section 5110.10 of the Revised Code,	42023
the department of job and family services shall review the amount	42024
of the professional fee once a year or, at the department's	42025
discretion, at more frequent intervals and shall not increase the	42026
professional fee to an amount exceeding the medicaid dispensing	42027
fee.	42028

A participating terminal distributor and the Ohio's best Rx	42029
program administrator may charge a maximum three dollar	42030
professional fee regardless of whether the medicaid dispensing fee	42031
for that drug is less than that amount. The department, however,	42032
may not adopt a rule increasing the maximum professional fee for	42033
that drug until the medicaid dispensing fee for that drug exceeds	42034
that amount.	42035

Sec. 5110.39. Not later than ~~April 1, 2005~~the first day of	42036
March of each year, the department of job and family services	42037
shall do all of the following:	42038

(A) Create a list of the twenty-five drugs most often	42039
dispensed to Ohio's best Rx program participants under the	42040
program, using data from the most recent six-month period for	42041
which the data is available;	42042

(B) Determine the average amount that participating terminal	42043
distributors charge, on a date selected by the department,	42044
participants for each drug included on the list created under	42045
division (A) of this section;	42046

(C) Determine, for the date selected for division (B) of this	42047
section, the average usual and customary charge of participating	42048
terminal distributors for each drug included on the list created	42049
under division (A) of this section;	42050

(D) By comparing the average charges determined under	42051
divisions (B) and (C) of this section, determine the average	42052
percentage savings in the amount participating terminal	42053
distributors charge Ohio's best Rx program participants for each	42054
drug included on the list created under division (A) of this	42055
section.	42056

Sec. 5111.019. (A) The director of job and family services	42057
shall submit to the United States secretary of health and human	42058
services an amendment to the state medicaid plan to make an	42059
individual who meets all of the following requirements eligible	42060
for medicaid for the amount of time provided by division (B) of	42061
this section:	42062

(1) The individual is the parent of a child under nineteen	42063
years of age and resides with the child;	42064

(2) The individual's family income does not exceed ~~one~~	42065
~~hundred~~ninety per cent of the federal poverty guidelines;	42066

(3) The individual is not otherwise eligible for medicaid;

42067

(4) The individual satisfies all relevant requirements	42068
established by rules adopted under division (D) of section 5111.01	42069
of the Revised Code.	42070

(B) An individual is eligible to receive medicaid under this	42071
section for a period that does not exceed two years beginning on	42072
the date on which eligibility is established.	42073

~~(C) If approved by the United States secretary of health and~~	42074
~~human services and the director of job and family services, the~~	42075
~~director shall implement the medicaid plan amendment submitted~~	42076
~~under this section not sooner than July 1, 2000. If a federal~~	42077
~~waiver is necessary for the United States secretary to approve the~~	42078
~~amendment, the director of job and family services shall submit a~~	42079
~~waiver request to the United States secretary not later than~~	42080
~~ninety days after the effective date of this section.~~	42081

Sec. 5111.0112. (A) The director of job and family services	42082
shall ~~examine instituting~~institute a copayment program under	42083
medicaid. ~~As part of the examination, the director shall determine~~	42084
~~which~~Except as provided in division (C) of this section, the	42085
copayment program shall establish a copayment requirement for all	42086
groups of medicaid recipients ~~may be subjected to a copayment~~	42087
~~requirement under~~and medicaid services to the extent permitted by	42088
federal statutes and regulations. ~~If, on completion of the~~	42089
~~examination, the director determines that it is feasible to~~	42090
~~institute such a copayment program, the director may seek approval~~	42091
~~from the United States secretary of health and human services to~~	42092
~~institute the copayment program. If necessary, the director may~~	42093
~~seek approval by applying for a waiver of federal statutes and~~	42094
~~regulations. If such approval is obtained, the~~The amount of the	42095
copayments shall be the maximum amount permitted by 42 C.F.R.	42096
447.54 or a regulation that replaces it. The director shall adopt	42097
rules ~~in accordance with Chapter 119.~~under section 5111.02 of the	42098
Revised Code governing the copayment program.	42099

(B) The copayment program shall, to the extent permitted by	42100
federal law, provide for all of the following with regard to any	42101
providers participating in the medicaid program:	42102

(1) No provider shall refuse to provide a service to a	42103
medicaid recipient who is unable to pay a required copayment for	42104
the service.	42105

(2) Division (B)(1) of this section shall not be considered	42106
to do either of the following with regard to a medicaid recipient	42107
who is unable to pay a required copayment:	42108

(a) Relieve the medicaid recipient from the obligation to pay	42109
a copayment;	42110

(b) Prohibit the provider from attempting to collect an	42111
unpaid copayment.	42112

(3) No provider shall waive a medicaid recipient's obligation	42113
to pay the provider a copayment.	42114

(4) No provider or drug manufacturer, including the	42115
manufacturer's representative, employee, independent contractor,	42116
or agent, shall pay any copayment on behalf of a medicaid	42117
recipient.	42118

(5) If it is the routine business practice of the provider to	42119
refuse service to any individual who owes an outstanding debt to	42120
the provider, the provider may consider an unpaid copayment	42121
imposed by the copayment program as an outstanding debt. If the	42122
provider intends to refuse service to a medicaid recipient who	42123
owes the provider an outstanding debt, the provider shall notify	42124
the individual of the provider's intent to refuse services.	42125

(C) The director shall exclude generic drugs from the	42126
copayment program instituted under this section.	42127

~~Sec. 5111.023.~~ Sec. 5111.0114. (A) The department of job and	42128
family services may provide medical assistance under ~~Title XIX of~~	42129
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as~~	42130
~~amended, in addition to such assistance provided under section~~	42131
~~5111.01 of the Revised Code~~the medicaid program, as long as	42132
federal funds are provided for such assistance, to each former	42133
participant of the Ohio works first program established under	42134
Chapter 5107. of the Revised Code who meets all of the following	42135
requirements:	42136

(1) Is ineligible to participate in Ohio works first solely	42137
as a result of increased income due to employment;	42138

(2) Is not covered by, and does not have access to, medical	42139
insurance coverage through the employer with benefits comparable	42140
to those provided under this section, as determined in accordance	42141
with rules adopted by the director of job and family services	42142
under division (B) of this section;	42143

(3) Meets any other requirement established by rule adopted	42144
under division (B) of this section.	42145

(B) The director of job and family services shall adopt such	42146
rules under Chapter 119. of the Revised Code as are necessary to	42147
implement and administer the medical assistance program under this	42148
section.	42149

(C) A person seeking to participate in a program of medical	42150
assistance under this section shall apply to the county department	42151
of job and family services in the county in which the applicant	42152
resides. The application shall be made on a form prescribed by the	42153
department of job and family services and furnished by the county	42154
department.	42155

(D) If the county department of job and family services	42156
determines that a person is eligible to receive medical assistance	42157
under this section, the department shall provide assistance, to	42158
the same extent and in the same manner as medical assistance is	42159
provided to a person eligible for medical assistance pursuant to	42160
division (A)(1)(a) of section 5111.01 of the Revised Code, for no	42161
longer than twelve months, beginning the month after the date the	42162
participant's eligibility for Ohio works first is terminated.	42163

Sec. 5111.02. (A) As used in this chapter, "state medicaid	42164
plan service" means a service covered by the medicaid program	42165
pursuant to the state medicaid plan, or an amendment to the plan,	42166
approved by the United States secretary of health and human	42167
services. "State medicaid plan service" does not include either of	42168
the following because they are not included in the state medicaid	42169
plan or an amendment to the plan:	42170

(1) Services provided under the care management system	42171
established under section 5111.16 of the Revised Code;	42172

(2) Services provided under a medicaid waiver component as	42173
defined in section 5111.85 of the Revised Code.	42174

(B) The director of job and family services shall adopt, and	42175
may amend or rescind, rules under Chapter 119. of the Revised Code	42176
establishing the amount, duration, and scope of state medicaid	42177
plan services. The rules shall be consistent with federal and	42178
state law and the state medicaid plan, and amendments to the plan,	42179
approved by the United States secretary of health and human	42180
services. The rules may be different for different state medicaid	42181
plan services. The rules shall establish all of the following:	42182

(1) The conditions under which the medicaid program shall	42183
cover and reimburse state medicaid plan services;	42184

(2) The method of reimbursement applicable to each state	42185
medicaid plan service;	42186

(3) The amount of reimbursement or, in lieu of amounts,	42187
methods by which amounts are to be determined for each state	42188
medicaid plan service;	42189

(4) Procedures for enforcing the rules adopted under this	42190
section that provide due process protections, including procedures	42191
for corrective action plans for, and imposing financial and	42192
administrative sanctions on, persons and government entities that	42193
violate the rules.	42194

~~Sec. 5111.02.~~ Sec. 5111.021. ~~(A)~~ Under the ~~medical assistance~~	42195
medicaid program:	42196

~~(1)~~(A) Except as otherwise permitted by federal statute or	42197
regulation and at the department's discretion, reimbursement by	42198
the department of job and family services to a medical provider	42199
for any medical service rendered under the program shall not	42200
exceed the authorized reimbursement level for the same service	42201
under the medicare program established under Title XVIII of the	42202
"Social Security Act," 4979 Stat. ~~620~~286 (~~1935~~1965), 42	42203
U.S.C.~~A. 301~~1395, as amended.	42204

~~(2)~~(B) Reimbursement for freestanding medical laboratory	42205
charges shall not exceed the customary and usual fee for	42206
laboratory profiles.	42207

~~(3)~~(C) The department may deduct from payments for services	42208
rendered by a medicaid provider under the ~~medical assistance~~	42209
medicaid program any amounts the provider owes the state as the	42210
result of incorrect ~~medical assistance~~medicaid payments the	42211
department has made to the provider.	42212

~~(4)~~(D) The department may conduct final fiscal audits in	42213
accordance with the applicable requirements set forth in federal	42214
laws and regulations and determine any amounts the provider may	42215
owe the state. When conducting final fiscal audits, the department	42216
shall consider generally accepted auditing standards, which	42217
include the use of statistical sampling.	42218

~~(5)~~(E) The number of days of inpatient hospital care for	42219
which reimbursement is made on behalf of a medicaid recipient of	42220
~~medical assistance~~ to a hospital that is not paid under a	42221
diagnostic-related-group prospective payment system shall not	42222
exceed thirty days during a period beginning on the day of the	42223
recipient's admission to the hospital and ending sixty days after	42224
the termination of that hospital stay, except that the department	42225
may make exceptions to this limitation. The limitation does not	42226
apply to children participating in the program for medically	42227
handicapped children established under section 3701.023 of the	42228
Revised Code.	42229

~~(B) The director of job and family services may adopt, amend,~~	42230
~~or rescind rules under Chapter 119. of the Revised Code~~	42231
~~establishing the amount, duration, and scope of medical services~~	42232
~~to be included in the medical assistance program. Such rules shall~~	42233
~~establish the conditions under which services are covered and~~	42234
~~reimbursed, the method of reimbursement applicable to each covered~~	42235
~~service, and the amount of reimbursement or, in lieu of such~~	42236
~~amounts, methods by which such amounts are to be determined for~~	42237
~~each covered service. Any rules that pertain to nursing facilities~~	42238
~~or intermediate care facilities for the mentally retarded shall be~~	42239
~~consistent with sections 5111.20 to 5111.33 of the Revised Code.~~	42240

~~(C)~~(F) The division of any reimbursement between a	42241
collaborating physician or podiatrist and a clinical nurse	42242
specialist, certified nurse-midwife, or certified nurse	42243
practitioner for services performed by the nurse shall be	42244
determined and agreed on by the nurse and collaborating physician	42245
or podiatrist. In no case shall reimbursement exceed the payment	42246
that the physician or podiatrist would have received had the	42247
physician or podiatrist provided the entire service.	42248

~~Sec. 5111.021.~~ Sec. 5111.022. Under the ~~medical assistance~~	42249
medicaid program, any amount determined to be owed the state by a	42250
final fiscal audit conducted pursuant to division ~~(A)(4)~~(D) of	42251
section ~~5111.02~~5111.021 of the Revised Code, upon the issuance of	42252
an adjudication order pursuant to Chapter 119. of the Revised Code	42253
that contains a finding that there is a preponderance of the	42254
evidence that the provider will liquidate assets or file	42255
bankruptcy in order to prevent payment of the amount determined to	42256
be owed the state, becomes a lien upon the real and personal	42257
property of the provider. Upon failure of the provider to pay the	42258
amount to the state, the director of job and family services shall	42259
file notice of the lien, for which there shall be no charge, in	42260
the office of the county recorder of the county in which it is	42261
ascertained that the provider owns real or personal property. The	42262
director shall notify the provider by mail of the lien, but	42263
absence of proof that the notice was sent does not affect the	42264
validity of the lien. The lien is not valid as against the claim	42265
of any mortgagee, pledgee, purchaser, judgment creditor, or other	42266
lienholder of record at the time the notice is filed.	42267

If the provider acquires real or personal property after	42268
notice of the lien is filed, the lien shall not be valid as	42269
against the claim of any mortgagee, pledgee, subsequent bona fide	42270
purchaser for value, judgment creditor, or other lienholder of	42271
record to such after-acquired property unless the notice of lien	42272
is refiled after the property is acquired by the provider and	42273
before the competing lien attaches to the after-acquired property	42274
or before the conveyance to the subsequent bona fide purchaser for	42275
value.	42276

When the amount has been paid, the provider may record with	42277
the recorder notice of the payment. For recording such notice of	42278
payment, the recorder shall charge and receive from the provider a	42279
base fee of one dollar for services and a housing trust fund fee	42280
of one dollar pursuant to section 317.36 of the Revised Code.	42281

In the event of a distribution of a provider's assets	42282
pursuant to an order of any court under the law of this state	42283
including any receivership, assignment for benefit of creditors,	42284
adjudicated insolvency, or similar proceedings, amounts then or	42285
thereafter due the state under this chapter have the same priority	42286
as provided by law for the payment of taxes due the state and	42287
shall be paid out of the receivership trust fund or other such	42288
trust fund in the same manner as provided for claims for unpaid	42289
taxes due the state.	42290

If the attorney general finds after investigation that any	42291
amount due the state under this chapter is uncollectable, in whole	42292
or in part, the attorney general shall recommend to the director	42293
the cancellation of all or part of the claim. The director may	42294
thereupon effect the cancellation.	42295

~~Sec. 5111.022.~~ Sec. 5111.023. (A) As used in this section:

42296

(1) "Community mental health facility" means a community	42297
mental health facility that has a quality assurance program	42298
accredited by the joint commission on accreditation of healthcare	42299
organizations or is certified by the department of mental health	42300
or department of job and family services.	42301

(2) "Mental health professional" means a person qualified to	42302
work with mentally ill persons under the standards established by	42303
the director of mental health pursuant to section 5119.611 of the	42304
Revised Code.	42305

(B) The state medicaid plan shall include provision of the	42306
following mental health services when provided by community mental	42307
health facilities:	42308

(1) Outpatient mental health services, including, but not	42309
limited to, preventive, diagnostic, therapeutic, rehabilitative,	42310
and palliative interventions rendered to individuals in an	42311
individual or group setting by a mental health professional in	42312
accordance with a plan of treatment appropriately established,	42313
monitored, and reviewed;	42314

(2) Partial-hospitalization mental health services of three	42315
to fourteen hours per service day, rendered by persons directly	42316
supervised by a mental health professional;	42317

(3) Unscheduled, emergency mental health services of a kind	42318
ordinarily provided to persons in crisis when rendered by persons	42319
supervised by a mental health professional;	42320

(4) Subject to receipt of federal approval, assertive	42321
community treatment and intensive home-based mental health	42322
services.	42323

(C) The comprehensive annual plan shall certify the	42324
availability of sufficient unencumbered community mental health	42325
state subsidy and local funds to match federal medicaid	42326
reimbursement funds earned by community mental health facilities.	42327

(D) The department of job and family services shall enter	42328
into a separate contract with the department of mental health	42329
under section 5111.91 of the Revised Code with regard to the	42330
component of the medicaid program provided for by this section.	42331

(E) Not later than July 21, 2004, the department of job and	42332
family services shall request federal approval to provide	42333
assertive community treatment and intensive home-based mental	42334
health services under medicaid pursuant to this section.	42335

(F) On receipt of federal approval sought under division (E)	42336
of this section, the director of job and family services shall	42337
adopt rules in accordance with Chapter 119. of the Revised Code	42338
for assertive community treatment and intensive home-based mental	42339
health services provided under medicaid pursuant to this section.	42340
The director shall consult with the department of mental health in	42341
adopting the rules.	42342

Sec. 5111.025. (A) In rules adopted under section 5111.02 of	42343
the Revised Code, the director of job and family services shall	42344
modify the manner or establish a new manner in which the following	42345
are paid under medicaid:	42346

(1) Community mental health facilities for providing mental	42347
health services included in the state medicaid plan pursuant to	42348
section ~~5111.022~~5111.023 of the Revised Code;	42349

(2) Providers of alcohol and drug addiction services for	42350
providing alcohol and drug addiction services included in the	42351
medicaid program pursuant to rules adopted under section 5111.02	42352
of the Revised Code.	42353

(B) The director's authority to modify the manner, or to	42354
establish a new manner, for medicaid to pay for the services	42355
specified in division (A) of this section is not limited by any	42356
rules adopted under section 5111.02 or 5119.61 of the Revised Code	42357
that are in effect on ~~the effective date of this section~~June 26,	42358
2003, and govern the way medicaid pays for those services. This is	42359
the case regardless of what state agency adopted the rules.	42360

Sec. 5111.026. The court of common pleas of Franklin county	42361
shall have exclusive, original jurisdiction over any action or	42362
proceeding for declaratory or injunctive relief regarding payments	42363
to providers of goods and services under the Medicaid program that	42364
are not subject to the provisions of section 5111.06 of the	42365
Revised Code.	42366

Sec. 5111.027. If the medicaid program provides prescription	42367
drug services to medicaid recipients, the program shall not	42368
provide reimbursement for prescription drugs for treatment of	42369
erectile dysfunction.	42370

Sec. 5111.042. The departments of mental retardation and	42371
developmental disabilities and job and family services may	42372
approve, reduce, deny, or terminate a service included in the	42373
individualized service plan developed for a medicaid recipient	42374
with mental retardation or other developmental disability who is	42375
eligible for medicaid case management services. ~~The departments~~	42376
~~shall consider the recommendations a county board of mental~~	42377
~~retardation and developmental disabilities makes under division~~	42378
~~(B)(1) of section 5126.055 of the Revised Code.~~ If either	42379
department approves, reduces, denies, or terminates a service,	42380
that department shall timely notify the medicaid recipient that	42381
the recipient may request a hearing under section 5101.35 of the	42382
Revised Code.	42383

Sec. 5111.06. (A)(1) As used in this section and in sections	42384
5111.061 and 5111.062 of the Revised Code:	42385

(a) "Provider" means any person, institution, or entity that	42386
furnishes medicaid services under a provider agreement with the	42387
department of job and family services pursuant to Title XIX of the	42388
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	42389
amended.	42390

(b) "Party" has the same meaning as in division (G) of	42391
section 119.01 of the Revised Code.	42392

(c) "Adjudication" has the same meaning as in division (D) of	42393
section 119.01 of the Revised Code.	42394

(2) This section does not apply to any action taken by the	42395
department of job and family services under sections 5111.35 to	42396
5111.62 of the Revised Code.	42397

(B) Except as provided in division (D) of this section and	42398
section 5111.914 of the Revised Code, the department shall do	42399
either of the following by issuing an order pursuant to an	42400
adjudication conducted in accordance with Chapter 119. of the	42401
Revised Code:	42402

(1) Enter into or refuse to enter into a provider agreement	42403
with a provider, or suspend, terminate, renew, or refuse to renew	42404
an existing provider agreement with a provider;	42405

(2) Take any action based upon a final fiscal audit of a	42406
provider.	42407

(C) Any party who is adversely affected by the issuance of an	42408
adjudication order under division (B) of this section may appeal	42409
to the court of common pleas of Franklin county in accordance with	42410
section 119.12 of the Revised Code.	42411

(D) The department is not required to comply with division	42412
(B)(1) of this section whenever any of the following occur:	42413

(1) The terms of a provider agreement require the provider to	42414
have a license, permit, or certificate issued by an official,	42415
board, commission, department, division, bureau, or other agency	42416
of state government other than the department of job and family	42417
services, and the license, permit, or certificate has been denied	42418
or revoked.	42419

(2) The provider agreement is denied, terminated, or not	42420
renewed pursuant to division (C) or (E) of section 5111.03 of the	42421
Revised Code;	42422

(3) The provider agreement is denied, terminated, or not	42423
renewed due to the provider's termination, suspension, or	42424
exclusion from the medicare program established under Title XVIII	42425
of the "Social Security Act," and the termination, suspension, or	42426
exclusion is binding on the provider's participation in the	42427
medicaid program;	42428

(4) The provider agreement is denied, terminated, or not	42429
renewed due to the provider's pleading guilty to or being	42430
convicted of a criminal activity materially related to either the	42431
medicare or medicaid program;	42432

(5) The provider agreement is denied, terminated, or	42433
suspended as a result of action by the United States department of	42434
health and human services and that action is binding on the	42435
provider's participation in the medicaid program;	42436

(6) The provider agreement is terminated or not renewed	42437
because the provider has not billed or otherwise submitted a	42438
medicaid claim to the department for two years or longer, and the	42439
department has determined that the provider has moved from the	42440
address on record with the department without leaving an active	42441
forwarding address with the department.	42442

In the case of a provider described in division (D)(6) of	42443
this section, the department may terminate or not renew the	42444
provider agreement by sending a notice explaining the department's	42445
proposed action to the address on record with the department. The	42446
notice may be sent by regular mail.	42447

(E) The department may withhold payments for services	42448
rendered by a medicaid provider under the medical assistance	42449
program during the pendency of proceedings initiated under	42450
division (B)(1) of this section. If the proceedings are initiated	42451
under division (B)(2) of this section, the department may withhold	42452
payments only to the extent that they equal amounts determined in	42453
a final fiscal audit as being due the state. This division does	42454
not apply if the department fails to comply with section 119.07 of	42455
the Revised Code, requests a continuance of the hearing, or does	42456
not issue a decision within thirty days after the hearing is	42457
completed. This division does not apply to nursing facilities and	42458
intermediate care facilities for the mentally retarded as defined	42459
in section 5111.20 of the Revised Code.	42460

Sec. 5111.061. (A) The department of job and family services	42461
may recover, at any time, a medicaid payment or portion of a	42462
payment made to a provider to which the provider is not entitled.	42463
Among the overpayments that may be recovered under this section	42464
are the following:	42465

(1) Payment for a service, or a day of service, not rendered;

42466

(2) Payment for a day of service at a full per diem rate that	42467
should have been paid at a percentage of the full per diem rate;	42468

(3) Payment of a service, or day of service, that was paid	42469
by, or partially paid by, a third-party payer, as defined in	42470
section 3901.38 of the Revised Code, and the payment or partial	42471
payment was not offset against the amount paid by the medicaid	42472
program to reduce or eliminate the amount that was paid by the	42473
medicaid program;	42474

(4) Payment when a medicaid recipient's responsibility for	42475
payment was understated and resulted in an overpayment to the	42476
provider.	42477

(B) The department is authorized to recover overpayments	42478
under this section prior to or after any of the following:	42479

(1) Adjudication of a final fiscal audit that section 5111.06	42480
of the Revised Code requires to be conducted in accordance with	42481
Chapter 119. of the Revised Code;	42482

(2) Adjudication of a finding under any other provision of	42483
this chapter or the rules adopted under it;	42484

(3) Expiration of the time to issue a final fiscal audit that	42485
section 5111.06 of the Revised Code requires to be conducted in	42486
accordance with Chapter 119. of the Revised Code;	42487

(4) Expiration of the time to issue a finding under any other	42488
provision of this chapter or the rules adopted under it.	42489

(C)(1) Subject to division (C)(2) of this section, the	42490
recovery of an overpayment under this section does not preclude	42491
the department from subsequently doing the following:	42492

(a) Issuing a final fiscal audit in accordance with Chapter	42493
119. of the Revised Code, as required under section 5111.06 of the	42494
Revised Code;	42495

(b) Issuing a finding under any other provision of this	42496
chapter or the rules adopted under it.	42497

(2) A final fiscal audit or finding issued subsequent to the	42498
recovery of an overpayment under this section shall be reduced by	42499
the amount of the prior recovery, as appropriate.	42500

(D) Nothing in this section limits the department's authority	42501
to recover overpayments pursuant to any other provision of the	42502
Revised Code.	42503

Sec. 5111.062. In any action taken by the department of job	42504
and family services under section 5111.06 or 5111.061 of the	42505
Revised Code or any other provision of this chapter that requires	42506
the department to give notice of an opportunity for a hearing in	42507
accordance with Chapter 119. of the Revised Code, if the	42508
department gives notice of the opportunity for a hearing but the	42509
provider or other entity subject to the notice does not request a	42510
hearing or timely request a hearing in accordance with section	42511
119.07 of the Revised Code, the department is not required to hold	42512
a hearing. The director of job and family service may proceed by	42513
issuing a final adjudication order in accordance with Chapter 119.	42514
of the Revised Code.	42515

Sec. 5111.072. (A) As used in this section:

42516

(1) "Institutionalized medicaid recipient" means a recipient	42517
of assistance under this chapter who resides in a nursing facility	42518
or intermediate care facility for the mentally retarded.	42519

(2) "Intermediate care facility for the mentally retarded"	42520
and "nursing facility" have the same meanings as in section	42521
5111.20 of the Revised Code.	42522

(3) "Long-term care pharmacy management incentive payment	42523
program" means the medicaid program component administered by the	42524
department of job and family services from July 1, 2002, to June	42525
30, 2004, under rule 5101:3-9-08 of the Administrative Code.	42526

(B) To the extent permitted by federal law, the department of	42527
job and family services shall provide for the resumed operation of	42528
the long-term care pharmacy management incentive payment program	42529
on and after July 1, 2005. In administering the program, the	42530
department is subject to all of the following:	42531

(1) As necessary to operate the program in the manner	42532
specified by this section, the department shall apply to the	42533
United States secretary of health and human services for waivers	42534
of federal medicaid requirements that would otherwise be violated	42535
in the administration of the program.	42536

(2) The department shall require a pharmacy to participate in	42537
the program as a condition of being reimbursed under this chapter	42538
for providing pharmacy services to institutionalized medicaid	42539
recipients. If a pharmacy provides pharmacy services to other	42540
medicaid recipients, that portion of the pharmacy's business shall	42541
be excluded from the program.	42542

(3) The department shall distribute the program's management	42543
incentive payments to qualified pharmacies on a quarterly basis	42544
during each state fiscal year.	42545

(4) The department may contract with a pharmacy benefits	42546
manager or any other entity to perform all or part of the	42547
department's duties regarding the program, other than the duties	42548
specified in division (B)(1) of this section.	42549

(5) The department may adopt any rules it considers necessary	42550
to implement and administer the program. The rules shall be	42551
adopted in accordance with Chapter 119. of the Revised Code.	42552

Sec. 5111.082. The director of job and family services, in	42553
rules adopted under section 5111.02 of the Revised Code, may	42554
establish and implement a supplemental drug rebate program under	42555
which drug manufacturers may be required to provide the department	42556
of job and family services a supplemental rebate as a condition of	42557
having the drug manufacturers' drug products covered by the	42558
medicaid program without prior approval. If necessary, the	42559
director may apply to the United States secretary of health and	42560
human services for a waiver of federal statutes and regulations to	42561
establish the supplemental drug rebate program.	42562

If the director establishes a supplemental drug rebate	42563
program, the director shall consult with drug manufacturers	42564
regarding the establishment and implementation of the program.	42565

~~If the director establishes a supplemental drug rebate~~	42566
~~program, the director shall exempt from the program all of a drug~~	42567
~~manufacturer's drug products that have been approved by the United~~	42568
~~States food and drug administration for the treatment of either of~~	42569
~~the following:~~	42570

~~(A) Mental illness, as defined in section 5122.01 of the~~	42571
~~Revised Code, including schizophrenia, major depressive disorder,~~	42572
~~and bipolar disorder;~~	42573

~~(B) HIV or AIDS, both as defined in section 3701.24 of the~~	42574
~~Revised Code.~~	42575

Sec. 5111.083. (A) As used in this section:

42576

(1) "Control number" means the number assigned to a	42577
prescription drug by the drug's manufacturer.	42578

(2) "Maximum allowable cost" means the price established for	42579
a prescription drug pursuant to the federal upper limit drug	42580
listing published by the United States department of health and	42581
human services in part six, addendum A of the "State Medicaid	42582
Manual."	42583

(B) The director of job and family services shall establish a	42584
program to do both of the following on a daily basis:	42585

(1) Update the maximum allowable cost for each generic	42586
prescription drug available under the medicaid program;	42587

(2) Update the control number for each generic prescription	42588
drug available under the medicaid program.	42589

(C) The director may adopt rules in accordance with Chapter	42590
119. of the Revised Code to implement this section.	42591

Sec. 5111.10. The director of job and family services may	42592
conduct reviews of the medicaid program. The reviews may include	42593
physical inspections of records and sites where medicaid-funded	42594
services are provided and interviews of providers and recipients	42595
of the services. If the director determines pursuant to a review	42596
that a person or government entity has violated a rule governing	42597
the medicaid program, the director may establish a corrective	42598
action plan for the violator and impose fiscal, administrative, or	42599
both types of sanctions on the violator in accordance with rules	42600
governing the medicaid program. Such action to be taken against a	42601
responsible entity, as defined in section 5101.24 of the Revised	42602
Code, shall be taken in accordance with that section.	42603

Sec. 5111.11. (A) As used in this section~~, "estate" means~~	42604
~~all~~and section 5111.111 of the Revised Code:	42605

(1) "Estate" includes both of the following:

42606

(a) All real and personal property and other assets to be	42607
administered under Title XXI of the Revised Code and property that	42608
would be administered under that title if not for section 2113.03	42609
or 2113.031 of the Revised Code;	42610

(b) Any other real and personal property and other assets in	42611
which an individual had any legal title or interest at the time of	42612
death (to the extent of the interest), including assets conveyed	42613
to a survivor, heir, or assign of the individual through joint	42614
tenancy, tenancy in common, survivorship, life estate, living	42615
trust, or other arrangement.	42616

(2) "Institution" means a nursing facility, intermediate care	42617
facility for the mentally retarded, or a medical institution.	42618

(3) "Institutionalized individual" means an individual to	42619
whom all of the following apply:	42620

(a) Is an inpatient in an institution;

42621

(b) Is required, as a condition of the medicaid program	42622
paying for the individual's services in the institution, to spend	42623
for costs of medical or nursing care all of the individual's	42624
income except for an amount for personal needs specified by the	42625
department of job and family services;	42626

(c) Cannot reasonably be expected to be discharged from the	42627
institution and return home.	42628

(4) "Intermediate care facility for the mentally retarded"	42629
and "nursing facility" have the same meanings as in section	42630
5111.20 of the Revised Code.	42631

(5) "Time of death" shall not be construed to mean a time	42632
after which a legal title or interest in real or personal property	42633
or other asset may pass by survivorship or other operation of law	42634
due to the death of the decedent or terminate by reason of the	42635
decedent's death.	42636

(B) ~~For the purpose of recovering the cost of services~~	42637
~~correctly paid under the medical assistance program to a recipient~~	42638
~~age fifty-five or older, the~~The department of job and family	42639
services shall institute an estate recovery program ~~against the~~	42640
~~property and estates of medical assistance recipients to recover~~	42641
~~medical assistance correctly paid on their behalf to the extent~~	42642
~~that federal law and regulations permit the implementation of a~~	42643
~~program of that nature. The department shall seek to recover~~	42644
~~medical assistance correctly paid only after the recipient and the~~	42645
~~recipient's surviving spouse, if any, have died and only at a time~~	42646
~~when the recipient has no surviving child who is under age~~	42647
~~twenty-one or blind or permanently and totally disabled.~~	42648

~~The department may enter into a contract with any person~~	42649
~~under which the person administers the estate recovery program on~~	42650
~~behalf of the department or performs any of the functions required~~	42651
~~to carry out the program. The contract may provide for the person~~	42652
~~to be compensated from the property recovered from the estates of~~	42653
~~medical assistance recipients or may provide for another manner of~~	42654
~~compensation agreed to by the person and the department.~~	42655
~~Regardless of whether it is administered by the department or a~~	42656
~~person under contract with the department, the program shall be~~	42657
~~administered in accordance with applicable requirements of federal~~	42658
~~law and regulations and state law and rules.~~	42659

~~(C)~~under which the department shall, except as provided in	42660
divisions (C) and (D) of this section, do both of the following:	42661

(1) For the costs of services the medicaid program correctly	42662
pays on behalf of an institutionalized individual of any age, seek	42663
adjustment or recovery from the individual's estate or on the sale	42664
of property of the individual or spouse that is subject to a lien	42665
imposed under section 5111.111 of the Revised Code;	42666

(2) For the costs of services the medicaid program correctly	42667
pays on behalf of an individual fifty-five years of age or older	42668
who is not an institutionalized individual, seek adjustment or	42669
recovery from the individual's estate.	42670

(C)(1) No adjustment or recovery may be made under division	42671
(B)(1) of this section from an institutionalized individual's	42672
estate or on the sale of property of an institutionalized	42673
individual that is subject to a lien imposed under section	42674
5111.111 of the Revised Code or under division (B)(2) of this	42675
section from an individual's estate while either of the following	42676
are alive:	42677

(a) The spouse of the institutionalized individual or	42678
individual;	42679

(b) The son or daughter of an institutionalized individual or	42680
individual if the son or daughter is under age twenty-one or,	42681
under 42 U.S.C. 1382c, is considered blind or disabled.	42682

(2) No adjustment or recovery may be made under division	42683
(B)(1) of this section from an institutionalized individual's home	42684
that is subject to a lien imposed under section 5111.111 of the	42685
Revised Code while either of the following lawfully reside in the	42686
home:	42687

(a) The institutionalized individual's sibling who resided in	42688
the home for at least one year immediately before the date of the	42689
institutionalized individual's admission to the institution and on	42690
a continuous basis since that time;	42691

(b) The institutionalized individual's son or daughter who	42692
provided care to the institutionalized individual that delayed the	42693
institutionalized individual's institutionalization and resided in	42694
the home for at least two years immediately before the date of the	42695
institutionalized individual's admission to the institution and on	42696
a continuous basis since that time.	42697

(D) The department ~~may~~shall waive seeking an adjustment or	42698
recovery ~~of medical assistance correctly paid~~otherwise required	42699
by this section if the director of job and family services	42700
determines, on the basis of criteria established by the United	42701
States secretary of health and human services under 42 U.S.C.	42702
1396p (b)(3), as amended, that adjustment or recovery would work	42703
an undue hardship. The director, in accordance with Chapter 119.	42704
of the Revised Code, shall adopt rules establishing procedures for	42705
waiver of adjustment or recovery due to an undue hardship, which	42706
shall meet the standards specified by the United States secretary	42707
of health and human services under 42 U.S.C. 1396p(b)(3), as	42708
amended.	42709

~~(D) Any action that may be taken by the department under~~	42710
~~section 5111.111 of the Revised Code may be taken by a person~~	42711
~~administering the program, or performing actions specified in that~~	42712
~~section, pursuant to a contract with the department.~~	42713

(E) For the purpose of determining whether an individual	42714
meets the definition of "institutionalized individual" established	42715
for this section, a rebuttable presumption exists that the	42716
individual cannot reasonably be expected to be discharged from an	42717
institution and return home if either of the following is the	42718
case:	42719

(1) The individual declares that he or she does not intend to	42720
return home;	42721

(2) The individual has been an inpatient in an institution	42722
for at least six months without a discharge plan.	42723

Sec. 5111.111. ~~As used in this section, "home and~~	42724
~~community-based services" means services provided pursuant to a~~	42725
~~waiver under section 1915 of the "Social Security Act," 49 Stat.~~	42726
~~620 (1935), 42 U.S.C.A. 1396n, as amended.~~	42727

~~The~~(A) Except as provided in division (B) of this section	42728
and section 5111.12 of the Revised Code, no lien may be imposed	42729
against the property of an individual before the individual's	42730
death on account of medicaid paid or to be paid on the	42731
individual's behalf.	42732

(B) Except as provided in division (C) of this section, the	42733
department of job and family services may ~~place~~impose a lien	42734
against the real property of a ~~medical assistance~~medicaid	42735
recipient orwho is an institutionalized individual and against	42736
the real property of the recipient's spouse, ~~other than a~~	42737
~~recipient or spouse of a recipient of home and community-based~~	42738
~~services, that the department may recover as part of the program~~	42739
~~instituted under section 5111.11 of the Revised Code~~including any	42740
real property that is jointly held by the recipient and spouse.	42741
~~When medical assistance is paid on behalf of any person in~~	42742
~~circumstances under which federal law and regulations and this~~	42743
~~section permit the imposition of a lien, the~~The lien may be	42744
imposed on account of medicaid paid or to be paid on the	42745
recipient's behalf.	42746

(C) No lien may be imposed under division (B) of this section	42747
against the home of a medicaid recipient if any of the following	42748
lawfully resides in the home:	42749

(1) The recipient's spouse;

42750

(2) The recipient's son or daughter who is under twenty-one	42751
years of age or, under 42 U.S.C. 1382c, considered to be blind or	42752
disabled;	42753

(3) The recipient's sibling who has an equity interest in the	42754
home and resided in the home for at least one year immediately	42755
before the date of the recipient's admission to the institution.	42756

(D) The director of job and family services or a person	42757
designated by the director ~~may~~shall sign a certificate to ~~the~~	42758
~~effect~~effectuate a lien required to be imposed under this	42759
section. The county department of job and family services shall	42760
file for recording and indexing the certificate, or a certified	42761
copy, in the real estate mortgage records in the office of the	42762
county recorder in every county in which real property of the	42763
recipient or spouse is situated. From the time of filing the	42764
certificate in the office of the county recorder, the lien	42765
attaches to all real property of the recipient or spouse described	42766
~~therein~~in the certificate for all amounts ~~of aid which are paid~~	42767
~~or which thereafter are paid,~~for which adjustment or recovery may	42768
be made under section 5111.11 of the Revised Code and, except as	42769
provided in division (E) of this section, shall remain a lien	42770
until satisfied.	42771

Upon filing the certificate in the office of the recorder,	42772
all persons are charged with notice of the lien and the rights of	42773
the department of job and family services thereunder.	42774

The county recorder shall keep a record of every certificate	42775
filed showing its date, the time of filing, the name and residence	42776
of the recipient or spouse, and any release, waivers, or	42777
satisfaction of the lien.	42778

The priority of the lien shall be established in accordance	42779
with state and federal law.	42780

The department may waive the priority of its lien to provide	42781
for the costs of the last illness as determined by the department,	42782
administration, attorney fees, administrator fees, a sum for the	42783
payment of the costs of burial, which shall be computed by	42784
deducting from five hundred dollars whatever amount is available	42785
for the same purpose from all other sources, and a similar sum for	42786
the spouse of the decedent.	42787

(E) A lien imposed with respect to a medicaid recipient under	42788
this section shall dissolve on the recipient's discharge from the	42789
institution and return home.	42790

Sec. 5111.112. The department of job and family services may	42791
enter into a contract with any person or government entity under	42792
which the person or government entity administers the estate	42793
recovery program instituted under section 5111.11 of the Revised	42794
Code on behalf of the department or performs any of the functions	42795
required to carry out the program. The contract may provide for	42796
the person or government entity to be compensated from the	42797
property recovered under the program or may provide for another	42798
manner of compensation agreed to by the person or government	42799
entity and the department. Regardless of whether it is	42800
administered by the department or a person or government entity	42801
under contract with the department, the program shall be	42802
administered in accordance with applicable requirements of federal	42803
law and regulations and state law and rules.	42804

Any action that may be taken by the department under section	42805
5111.111 of the Revised Code may be taken by a person or	42806
government entity administering the program, or performing actions	42807
specified in that section, pursuant to a contract with the	42808
department.	42809

~~Sec. 5111.112.~~ Sec. 5111.113. (A) As used in this section:

42810

(1) "Adult care facility" has the same meaning as in section	42811
3722.01 of the Revised Code.	42812

(2) "Commissioner" means a person appointed by a probate	42813
court under division (B) of section 2113.03 of the Revised Code to	42814
act as a commissioner.	42815

(3) "Home" has the same meaning as in section 3721.10 of the	42816
Revised Code.	42817

(4) "Personal needs allowance account" means an account or	42818
petty cash fund that holds the money of a resident of an adult	42819
care facility or home and that the facility or home manages for	42820
the resident.	42821

(B) Except as provided in divisions (C) and (D) of this	42822
section, the owner or operator of an adult care facility or home	42823
shall transfer to the department of job and family services the	42824
money in the personal needs allowance account of a resident of the	42825
facility or home who was a recipient of the medical assistance	42826
program no earlier than sixty days but not later than ninety days	42827
after the resident dies. The adult care facility or home shall	42828
transfer the money even though the owner or operator of the	42829
facility or home has not been issued letters testamentary or	42830
letters of administration concerning the resident's estate.	42831

(C) If funeral or burial expenses for a resident of an adult	42832
care facility or home who has died have not been paid and the only	42833
resource the resident had that could be used to pay for the	42834
expenses is the money in the resident's personal needs allowance	42835
account, or all other resources of the resident are inadequate to	42836
pay the full cost of the expenses, the money in the resident's	42837
personal needs allowance account shall be used to pay for the	42838
expenses rather than being transferred to the department of job	42839
and family services pursuant to division (B) of this section.	42840

(D) If, not later than sixty days after a resident of an	42841
adult care facility or home dies, letters testamentary or letters	42842
of administration are issued, or an application for release from	42843
administration is filed under section 2113.03 of the Revised Code,	42844
concerning the resident's estate, the owner or operator of the	42845
facility or home shall transfer the money in the resident's	42846
personal needs allowance account to the administrator, executor,	42847
commissioner, or person who filed the application for release from	42848
administration.	42849

(E) The transfer or use of money in a resident's personal	42850
needs allowance account in accordance with division (B), (C), or	42851
(D) of this section discharges and releases the adult care	42852
facility or home, and the owner or operator of the facility or	42853
home, from any claim for the money from any source.	42854

(F) If, sixty-one or more days after a resident of an adult	42855
care facility or home dies, letters testamentary or letters of	42856
administration are issued, or an application for release from	42857
administration under section 2113.03 of the Revised Code is filed,	42858
concerning the resident's estate, the department of job and family	42859
services shall transfer the funds to the administrator, executor,	42860
commissioner, or person who filed the application, unless the	42861
department is entitled to recover the money under the estate	42862
recovery program instituted under section 5111.11 of the Revised	42863
Code.	42864

~~Sec. 5111.113.~~ Sec. 5111.114. As used in this section, "nursing	42865
facility" and "intermediate care facility for the ~~mental~~mentally	42866
retarded" have the same meanings as in section 5111.20 of the	42867
Revised Code.	42868

In determining the amount of income that a recipient of	42869
medical assistance must apply monthly toward payment of the cost	42870
of care in a nursing facility or intermediate care facility for	42871
the mentally retarded, the county department of job and family	42872
services shall deduct from the recipient's monthly income a	42873
monthly personal needs allowance in accordance with section 1902	42874
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	42875
1396a, as amended.	42876

For a resident of a nursing facility, the monthly personal	42877
needs allowance shall be not less than forty dollars for an	42878
individual resident and not less than eighty dollars for a married	42879
couple if both spouses are residents of a nursing facility.	42880

For a resident of an intermediate care facility for the	42881
mentally retarded, the monthly personal needs allowance shall be	42882
forty dollars unless the resident has earned income, in which case	42883
the monthly personal needs allowance shall be determined by the	42884
state department of job and family services but shall not exceed	42885
one hundred five dollars.	42886

Sec. 5111.16. (A) As part of the medicaid program, the	42887
department of job and family services shall establish a care	42888
management system. The department shall submit, if necessary,	42889
applications to the United States department of health and human	42890
services for waivers of federal medicaid requirements that would	42891
otherwise be violated in the implementation of the system.	42892

(B) The department shall implement the care management system	42893
in some or all counties and shall designate the medicaid	42894
recipients who are required or permitted to participate in the	42895
system. In implementing the care management system and designating	42896
participants, all of the following apply:	42897

(1) The department may designate one or more counties as a	42898
mandatory managed care enrollment service area where medicaid	42899
recipients designated by the department are required to enroll in	42900
and obtain health care services through a managed care	42901
organization under contract with the department pursuant to	42902
section 5111.17 of the Revised Code.	42903

(2) Beginning July 1, 2006, the department shall designate	42904
for participation in the care management system all persons who	42905
receive medicaid on the basis of being aged, blind, or disabled,	42906
as specified in division (A)(2) of section 5111.01 of the Revised	42907
Code, except that the department shall not include the following:	42908

(a) Persons who are under twenty-one years of age, other than	42909
chronically ill children who are included as participants for	42910
purposes of the pilot program established under section 5111.161	42911
of the Revised Code;	42912

(b) Persons who are institutionalized;

42913

(c) Persons who become eligible for medicaid by spending down	42914
their income to a level that meets the program's financial	42915
eligibility requirements;	42916

(d) Persons who are dually eligible under the medicaid	42917
program and the medicare program established under Title XVIII of	42918
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	42919
amended;	42920

(e) Persons to the extent that they are receiving medicaid	42921
services through a medicaid waiver component, as defined in	42922
section 5111.85 of the Revised Code.	42923

(3) In the case of medicaid recipients required under	42924
division (B)(2) of this section to be designated as participants	42925
in the care management system, the system shall be implemented in	42926
all counties and the participants shall be required to enroll in	42927
health insuring corporations under contract with the department	42928
pursuant to section 5111.17 of the Revised Code.	42929

(4) Alcohol, drug addiction, and mental health services	42930
covered by medicaid pursuant to the option under federal law of	42931
covering rehabilitative services shall not be included in any	42932
component of the care management system, but recipients of the	42933
services may be designated as participants in the system for	42934
purposes of obtaining other services covered by medicaid.	42935

~~(B) Under the care management system~~(C) Subject to divisions	42936
(B)(3) and (4) of this section, the department may do both of the	42937
following under the care management system:	42938

(1) Require or permit participants in the system to obtain	42939
health care services from providers designated by the department;	42940

(2) ~~require~~Require or permit participants in the system to	42941
obtain health care services through managed care organizations	42942
under contract with the department pursuant to section 5111.17 of	42943
the Revised Code.	42944

~~(C)~~(D) The director of job and family services may adopt	42945
rules in accordance with Chapter 119. of the Revised Code to	42946
implement this section.	42947

Sec. 5111.161. (A) As used in this section, "chronically ill	42948
child" means an individual who is not more than twenty-one years	42949
of age and meets the conditions specified in division (A)(2) of	42950
section 5111.01 of the Revised Code to be eligible for medicaid on	42951
the basis of being blind or disabled.	42952

(B) The department of job and family services shall develop a	42953
pilot program under which chronically ill children are included	42954
among the medicaid recipients who are required to participate in	42955
the care management system established under section 5111.16 of	42956
the Revised Code. The pilot program shall be implemented not later	42957
than October 1, 2006, or, if by that date the department has not	42958
received any necessary federal approval to implement the program,	42959
as soon as practicable after receiving the approval. The	42960
department shall operate the program until October 1, 2008, except	42961
that the department shall cease operation of the program before	42962
that date if either of the following is the case:	42963

(1) The department determines that requiring chronically ill	42964
children to participate in the care management system is not a	42965
cost-effective means of providing medicaid services;	42966

(2) The combined state and federal cost of the children's	42967
care coordination described in division (D) of this section	42968
reaches three million dollars.	42969

(C) The department shall ensure that the pilot program is	42970
operated in at least three counties selected by the department. In	42971
its consideration of the counties to be selected, the department	42972
may give priority to Hamilton county and Muskingum county. The	42973
department may extend its operation of the program into the areas	42974
surrounding the counties in which the program is operated.	42975

(D) The purpose of the pilot program shall be to determine	42976
whether occurrences of acute illnesses and hospitalizations among	42977
chronically ill children can be prevented or reduced by	42978
establishing a medical home for the children where care is	42979
administered proactively and in a manner that is accessible,	42980
continuous, family-centered, coordinated, and compassionate. In	42981
establishing a medical home for a chronically ill child, all of	42982
the following apply:	42983

(1) A physician shall serve as the care coordinator for the	42984
child. The care coordinator may be engaged in practice as a	42985
pediatrician certified in pediatrics by a medical specialty board	42986
of the American medical association or American osteopathic	42987
association, a pediatric subspecialist, or a provider for the	42988
program for medically handicapped children in the department of	42989
health. If the physician is in a group practice, any member of the	42990
group practice may serve as the child's care coordinator. The	42991
duties of the care coordinator may be performed by a person acting	42992
under the supervision of the care coordinator.	42993

(2) The child may receive care from any health care	42994
practitioner appropriate to the child's needs, but the care	42995
coordinator shall direct and oversee the child's overall care.	42996

(3) The care coordinator shall establish a relationship of	42997
mutual responsibility with the child's parents or other persons	42998
who are responsible for the child. Under this relationship, the	42999
care coordinator shall commit to developing a long-term disease	43000
prevention strategy and providing disease management and education	43001
services, while the child's parents or other persons who are	43002
responsible for the child shall commit to participating fully in	43003
implementing the child's care management plan.	43004

(4) The medicaid program shall provide reimbursement for the	43005
reasonable and necessary costs of the services associated with	43006
care coordination, including, but not limited to, case management,	43007
care plan oversight, preventive care, health and behavioral care	43008
assessment and intervention, and any service modifier that	43009
reflects the provision of prolonged services or additional care.	43010

(E) The department shall conduct an evaluation of the pilot	43011
program's effectiveness. As part of the evaluation, the department	43012
shall maintain statistics on physician expenditures, hospital	43013
expenditures, preventable hospitalizations, and other matters the	43014
department considers necessary to conduct the evaluation.	43015

(F) The department shall adopt rules in accordance with	43016
Chapter 119. of the Revised Code as necessary to implement this	43017
section. The rules shall specify standards and procedures to be	43018
used in designating the chronically ill children who are required	43019
to participate in the pilot program.	43020

Sec. 5111.176. (A) As used in this section:

43021

(1) "Mandatory managed care enrollment service area" means	43022
the county or counties included in an area designated under	43023
division (B)(1) of section 5111.16 of the Revised Code as an area	43024
where medicaid recipients are required to enroll in and obtain	43025
health care services through a managed care organization.	43026

(2) "Mandatory managed care medicaid recipient" means a	43027
medicaid recipient designated under division (B)(1) of section	43028
5111.16 of the Revised Code as a medicaid recipient required to	43029
enroll in and obtain health care services through a managed care	43030
organization in a mandatory managed care enrollment service area.	43031

(3) "Noncontracting hospital" means a hospital to which all	43032
of the following apply:	43033

(a) The hospital participates in the medicaid program;

43034

(b) The hospital is located in a mandatory managed care	43035
enrollment service area;	43036

(c) The hospital has not entered into a contract with a	43037
managed care organization to provide services to mandatory managed	43038
care medicaid recipients.	43039

(B)(1) Subject to division (B)(2) of this section, a managed	43040
care organization under contract with the department pursuant to	43041
section 5111.17 of the Revised Code to provide or arrange for the	43042
provision of health care services to mandatory managed care	43043
medicaid recipients shall reimburse a noncontracting hospital for	43044
providing services to the recipients according to a reimbursement	43045
rate that is the same as the reimbursement rate used by the	43046
department of job and family services to reimburse the hospital	43047
for providing services to medicaid recipients who are not enrolled	43048
in a managed care organization.	43049

(2) The reimbursement rate established under division (B)(1)	43050
of this section applies only to services authorized by the managed	43051
care organization. The establishment of a reimbursement rate under	43052
that division does not restrict the managed care organization from	43053
entering into a contract with a hospital under which the hospital	43054
is reimbursed at a different rate.	43055

43056

(1) Provide hospital services to mandatory managed care	43057
medicaid recipients when the services have been authorized by the	43058
managed care organization in which the recipients are enrolled;	43059

(2) Accept the reimbursement provided by the managed care	43060
organization under division (B) of this section as payment in full	43061
for services provided in accordance with division (C)(1) of this	43062
section.	43063

(D) The director of job and family services may adopt rules	43064
in accordance with Chapter 119. of the Revised Code to implement	43065
this section.	43066

Sec. 5111.177. (A) As used in this section:

43067

(1) "Medicaid health insuring corporation" means a health	43068
insuring corporation that holds a certificate of authority under	43069
Chapter 1751. of the Revised Code and has entered into a contract	43070
with the department of job and family services pursuant to section	43071
5111.17 of the Revised Code.	43072

(2) "Managed care premium" means any premium payment,	43073
capitation payment, or other payment a medicaid health insuring	43074
corporation receives for providing, or arranging for the provision	43075
of, health care services to its members or enrollees residing in	43076
this state.	43077

(B) Except as provided in division (C) of this section, all	43078
of the following apply:	43079

(1) Each medicaid health insuring corporation shall pay to	43080
the department of job and family services a franchise permit fee	43081
for each calendar quarter occurring between January 1, 2006, and	43082
June 30, 2007.	43083

(2) The fee to be paid is an amount that is equal to a	43084
percentage of the managed care premiums the medicaid health	43085
insuring corporation received in the quarter to which the fee	43086
applies, excluding the amount of any managed care premiums the	43087
corporation returned or refunded to enrollees, members, or premium	43088
payers during that quarter.	43089

(3) The percentage to be used in calculating the fee shall be	43090
four and one-half per cent, unless the department adopts rules	43091
under division (L) of this section decreasing the percentage below	43092
four and one-half per cent or increasing the percentage to not	43093
more than six per cent.	43094

(C) The department shall reduce the franchise permit fee	43095
imposed under this section or terminate its collection of the fee	43096
if the department determines either of the following:	43097

(1) That the reduction or termination is required to comply	43098
with federal statutes or regulations;	43099

(2) That the fee does not qualify as a state share of	43100
medicaid expenditures eligible for federal financial	43101
participation.	43102

(D) The franchise permit fee shall be paid on or before the	43103
thirtieth day following the end of the calendar quarter to which	43104
the fee applies. At the time the fee is submitted, the medicaid	43105
health insuring corporation shall file with the department a	43106
report on a form prescribed by the department. The corporation	43107
shall provide on the form all information required by the	43108
department and shall include with the form any necessary	43109
supporting documentation.	43110

(E) The department may audit the records of any medicaid	43111
health insuring corporation to determine whether the corporation	43112
is in compliance with this section. The department may audit the	43113
records that pertain to a particular calendar quarter at any time	43114
during the five years following the date the franchise permit fee	43115
payment for that quarter was due.	43116

(F)(1) A medicaid health insuring corporation that does not	43117
pay the franchise permit fee in full by the date the payment is	43118
due is subject to any or all of the following:	43119

(a) A monetary penalty in the amount of five hundred dollars	43120
for each day any part of the fee remains unpaid, except that the	43121
penalty shall not exceed an amount equal to five per cent of the	43122
total fee that was due for the calendar quarter for which the	43123
penalty is being imposed;	43124

(b) Withholdings from future managed care premiums pursuant	43125
to division (G) of this section;	43126

(c) Termination of the corporation's medicaid provider	43127
agreement pursuant to division (H) of this section.	43128

(2) Penalties imposed under division (F)(1)(a) of this	43129
section are in addition to and not in lieu of the franchise permit	43130
fee.	43131

(G) If a medicaid health insuring corporation fails to pay	43132
the full amount of its franchise permit fee when due, or the full	43133
amount of a penalty imposed under division (F)(1)(a) of this	43134
section, the department may withhold an amount equal to the	43135
remaining amount due from any future managed care premiums to be	43136
paid to the corporation under the medicaid program. The department	43137
may withhold amounts under this division without providing notice	43138
to the corporation. The amounts may be withheld until the amount	43139
due has been paid.	43140

(H) The department may commence actions to terminate a	43141
medicaid health insuring corporation's medicaid provider	43142
agreement, and may terminate the agreement subject to division (I)	43143
of this section, if the corporation does any of the following:	43144

(1) Fails to pay its franchise permit fee or fails to pay the	43145
fee promptly;	43146

(2) Fails to pay a penalty imposed under division (F)(1)(a)	43147
of this section or fails to pay the penalty promptly;	43148

(3) Fails to cooperate with an audit conducted under division	43149
(E) of this section.	43150

(I) At the request of a medicaid health insuring corporation,	43151
the department shall grant the corporation a hearing in accordance	43152
with Chapter 119. of the Revised Code, if either of the following	43153
is the case:	43154

(1) The department has determined that the corporation owes	43155
an additional franchise permit fee or penalty as the result of an	43156
audit conducted under division (E) of this section.	43157

(2) The department is proposing to terminate the	43158
corporation's medicaid provider agreement and the provisions of	43159
section 5111.06 of the Revised Code requiring an adjudication in	43160
accordance with Chapter 119. of the Revised Code are applicable.	43161

(J)(1) At the request of a medicaid corporation, the	43162
department shall grant the corporation a reconsideration of any	43163
issue that arises out of the provisions of this section and is not	43164
subject to division (I) of this section. The department's decision	43165
at the conclusion of the reconsideration is not subject to appeal	43166
under Chapter 119. of the Revised Code or any other provision of	43167
the Revised Code.	43168

(2) In conducting a reconsideration, the department shall do	43169
at least the following:	43170

(a) Specify the time frames within which a corporation must	43171
act in order to exercise its opportunity for a reconsideration;	43172

(b) Permit the corporation to present written arguments or	43173
other materials that support the corporation's position.	43174

(K) There is hereby created in the state treasury the managed	43175
care assessment fund. Money collected from the franchise permit	43176
fees and penalties imposed under this section shall be credited to	43177
the fund. The department shall use the money in the fund to pay	43178
for medicaid services, the department's administrative costs, and	43179
contracts with medicaid health insuring corporations.	43180

(L) The director of job and family services may adopt rules	43181
to implement and administer this section. The rules shall be	43182
adopted in accordance with Chapter 119. of the Revised Code.	43183

Sec. 5111.19. The director of job and family services shall	43184
adopt rules governing the calculation and payment of graduate	43185
medical education costs associated with services rendered to	43186
medicaid recipients ~~of the medical assistance program~~ after June	43187
30, 1994. ~~The~~Subject to section 5111.191 of the Revised Code, the	43188
rules shall provide for reimbursement of graduate medical	43189
education costs associated with services rendered to ~~medical~~	43190
~~assistance~~medicaid recipients, including recipients enrolled in	43191
~~health insuring corporations~~a managed care organization under	43192
contract with the department under section 5111.17 of the Revised	43193
Code, that the department determines are allowable and reasonable.	43194

If the department requires a ~~health insuring corporation~~	43195
managed care organization to pay a provider for graduate medical	43196
education costs associated with the delivery of services to	43197
~~medical assistance~~medicaid recipients enrolled in the ~~corporation~~	43198
organization, the department shall include in its payment to the	43199
~~corporation~~organization an amount sufficient for the ~~corporation~~	43200
organization to pay such costs. If the department does not include	43201
in its payments to the ~~health insuring corporation~~managed care	43202
organization amounts for graduate medical education costs of	43203
providers, all of the following apply:	43204

(A) ~~The~~Except as provided in section 5111.191 of the Revised	43205
Code, the department shall pay the provider for graduate medical	43206
education costs associated with the delivery of services to	43207
~~medical assistance~~medicaid recipients enrolled in the ~~corporation~~	43208
organization;	43209

(B) No provider shall seek reimbursement from the ~~corporation~~	43210
organization for such costs;	43211

(C) The ~~corporation~~organization is not required to pay	43212
providers for such costs.	43213

Sec. 5111.191. The department of job and family services	43214
shall not pay a hospital for graduate medical education costs	43215
associated with the delivery of services to any medicaid recipient	43216
if the hospital refuses without good cause to contract with a	43217
managed care organization that contracts with the department under	43218
section 5111.17 of the Revised Code to provide, or arrange for the	43219
provision of, health care services to medicaid recipients residing	43220
in the county, or a mandatory managed care enrollment service area	43221
designated by the department under section 5111.16 of the Revised	43222
Code, in which the hospital is located. The director of job and	43223
family services shall specify in the rules adopted under section	43224
5111.19 of the Revised Code what constitutes good cause for a	43225
hospital to refuse to contract with a managed care organization.	43226

Sec. 5111.20. As used in sections 5111.20 to ~~5111.34~~5111.33	43227
of the Revised Code:	43228

(A) "Allowable costs" are those costs determined by the	43229
department of job and family services to be reasonable and do not	43230
include fines paid under sections 5111.35 to 5111.61 and section	43231
5111.99 of the Revised Code.	43232

(B) "Ancillary and support costs" means all reasonable costs	43233
incurred by a nursing facility other than direct care costs or	43234
capital costs. "Ancillary and support costs" includes, but is not	43235
limited to, costs of activities, social services, pharmacy	43236
consultants, medical and habilitation records, program supplies,	43237
incontinence supplies, food, enterals, dietary supplies and	43238
personnel, laundry, housekeeping, security, administration,	43239
medical equipment, utilities, liability insurance, bookkeeping,	43240
purchasing department, human resources, communications, travel,	43241
dues, license fees, subscriptions, home office costs not otherwise	43242
allocated, legal services, accounting services, minor equipment,	43243
maintenance and repairs, help-wanted advertising, informational	43244
advertising, start-up costs, organizational expenses, other	43245
interest, property insurance, employee training and staff	43246
development, employee benefits, payroll taxes, and workers'	43247
compensation premiums or costs for self-insurance claims and	43248
related costs as specified in rules adopted by the director of job	43249
and family services under section 5111.02 of the Revised Code, for	43250
personnel listed in this division. "Ancillary and support costs"	43251
also means the cost of equipment, including vehicles, acquired by	43252
operating lease executed before December 1, 1992, if the costs are	43253
reported as administrative and general costs on the facility's	43254
cost report for the cost reporting period ending December 31,	43255
1992.	43256

(C) "Capital costs" means costs of ownership and, in the case	43257
of an intermediate care facility for the mentally retarded, costs	43258
of nonextensive renovation.	43259

(1) "Cost of ownership" means the actual expense incurred for	43260
all of the following:	43261

(a) Depreciation and interest on any capital assets that cost	43262
five hundred dollars or more per item, including the following:	43263

(i) Buildings;

43264

(ii) Building improvements that are not approved as	43265
nonextensive renovations under section ~~5111.25 or~~ 5111.251 of the	43266
Revised Code;	43267

(iii) ~~Equipment~~Except as provided in division (B) of this	43268
section, equipment;	43269

(iv) ~~Extensive~~In the case of an intermediate care facility	43270
for the mentally retarded, extensive renovations;	43271

(v) Transportation equipment.

43272

(b) Amortization and interest on land improvements and	43273
leasehold improvements;	43274

43275

(d) Except as provided in division ~~(I)~~(J) of this section,	43276
lease and rent of land, building, and equipment.	43277

The costs of capital assets of less than five hundred dollars	43278
per item may be considered capital costs ~~of ownership~~ in	43279
accordance with a provider's practice.	43280

(2) "Costs of nonextensive renovation" means the actual	43281
expense incurred by an intermediate care facility for the mentally	43282
retarded for depreciation or amortization and interest on	43283
renovations that are not extensive renovations.	43284

~~(C)~~(D) "Capital lease" and "operating lease" shall be	43285
construed in accordance with generally accepted accounting	43286
principles.	43287

~~(D)~~(E) "Case-mix score" means the measure determined under	43288
section ~~5111.231~~5111.232 of the Revised Code of the relative	43289
direct-care resources needed to provide care and habilitation to a	43290
resident of a nursing facility or intermediate care facility for	43291
the mentally retarded.	43292

~~(E)~~(F) "Date of licensure," for a facility originally	43293
licensed as a nursing home under Chapter 3721. of the Revised	43294
Code, means the date specific beds were originally licensed as	43295
nursing home beds under that chapter, regardless of whether they	43296
were subsequently licensed as residential facility beds under	43297
section 5123.19 of the Revised Code. For a facility originally	43298
licensed as a residential facility under section 5123.19 of the	43299
Revised Code, "date of licensure" means the date specific beds	43300
were originally licensed as residential facility beds under that	43301
section.	43302

(1) If nursing home beds licensed under Chapter 3721. of the	43303
Revised Code or residential facility beds licensed under section	43304
5123.19 of the Revised Code were not required by law to be	43305
licensed when they were originally used to provide nursing home or	43306
residential facility services, "date of licensure" means the date	43307
the beds first were used to provide nursing home or residential	43308
facility services, regardless of the date the present provider	43309
obtained licensure.	43310

(2) If a facility adds nursing home beds or residential	43311
facility beds or extensively renovates all or part of the facility	43312
after its original date of licensure, it will have a different	43313
date of licensure for the additional beds or extensively renovated	43314
portion of the facility, unless the beds are added in a space that	43315
was constructed at the same time as the previously licensed beds	43316
but was not licensed under Chapter 3721. or section 5123.19 of the	43317
Revised Code at that time.	43318

~~(F)~~(G) "Desk-reviewed" means that costs as reported on a cost	43319
report submitted under section 5111.26 of the Revised Code have	43320
been subjected to a desk review under division (A) of section	43321
5111.27 of the Revised Code and preliminarily determined to be	43322
allowable costs.	43323

~~(G)~~(H) "Direct care costs" means all of the following:

43324

(1)(a) Costs for registered nurses, licensed practical	43325
nurses, and nurse aides employed by the facility;	43326

(b) Costs for direct care staff, administrative nursing	43327
staff, medical directors, ~~social services staff, activities staff,~~	43328
~~psychologists and psychology assistants, social workers and~~	43329
~~counselors,~~ habilitation staff, qualified mental retardation	43330
professionals, program directors, respiratory therapists,	43331
habilitation supervisors, and except as provided in division	43332
(G)(2) of this section, other persons holding degrees qualifying	43333
them to provide therapy;	43334

43335

(d) Costs of quality assurance;

43336

(e) Costs of training and staff development, employee	43337
benefits, payroll taxes, and workers' compensation premiums or	43338
costs for self-insurance claims and related costs as specified in	43339
rules adopted by the director of job and family services in	43340
accordance with Chapter 119. of the Revised Code, for personnel	43341
listed in divisions ~~(G)~~(H)(1)(a), (b), and (d) of this section;	43342

(f) Costs of consulting and management fees related to direct	43343
care;	43344

(g) Allocated direct care home office costs.

43345

(2) In addition to the costs specified in division (H)(1) of	43346
this section, for nursing facilities only, direct care costs	43347
include medical supplies, emergency oxygen, habilitation supplies,	43348
and universal precautions supplies.	43349

(3) In addition to the costs specified in division ~~(G)~~(H)(1)	43350
of this section, for intermediate care facilities for the mentally	43351
retarded only, direct care costs include both of the following:	43352

(a) Costs for physical therapists and physical therapy	43353
assistants, occupational therapists and occupational therapy	43354
assistants, speech therapists, ~~and~~ audiologists, social services	43355
staff, activities staff, psychologists and psychology assistants,	43356
and social workers and counselors;	43357

(b) Costs of training and staff development, employee	43358
benefits, payroll taxes, and workers' compensation premiums or	43359
costs for self-insurance claims and related costs as specified in	43360
rules adopted ~~by the director of job and family services in~~	43361
~~accordance with Chapter 119.~~under section 5111.02 of the Revised	43362
Code, for personnel listed in division ~~(G)(2)~~(H)(3)(a) of this	43363
section.	43364

~~(3)~~(4) Costs of other direct-care resources that are	43365
specified as direct care costs in rules adopted ~~by the director of~~	43366
~~job and family services in accordance with Chapter 119.~~under	43367
section 5111.02 of the Revised Code.	43368

~~(H)~~(I) "Fiscal year" means the fiscal year of this state, as	43369
specified in section 9.34 of the Revised Code.	43370

~~(I)~~(J) "Indirect care costs" means all reasonable costs	43371
incurred by an intermediate care facility for the mentally	43372
retarded other than direct care costs, other protected costs, or	43373
capital costs. "Indirect care costs" includes but is not limited	43374
to costs of habilitation supplies, pharmacy consultants, medical	43375
and habilitation records, program supplies, incontinence supplies,	43376
food, enterals, dietary supplies and personnel, laundry,	43377
housekeeping, security, administration, liability insurance,	43378
bookkeeping, purchasing department, human resources,	43379
communications, travel, dues, license fees, subscriptions, home	43380
office costs not otherwise allocated, legal services, accounting	43381
services, minor equipment, maintenance and repairs, help-wanted	43382
advertising, informational advertising, start-up costs,	43383
organizational expenses, other interest, property insurance,	43384
employee training and staff development, employee benefits,	43385
payroll taxes, and workers' compensation premiums or costs for	43386
self-insurance claims and related costs as specified in rules	43387
adopted ~~by the director of job and family services in accordance~~	43388
~~with Chapter 119.~~under section 5111.02 of the Revised Code, for	43389
personnel listed in this division. Notwithstanding division	43390
~~(B)~~(C)(1) of this section, "indirect care costs" also means the	43391
cost of equipment, including vehicles, acquired by operating lease	43392
executed before December 1, 1992, if the costs are reported as	43393
administrative and general costs on the facility's cost report for	43394
the cost reporting period ending December 31, 1992.	43395

~~(J)~~(K) "Inpatient days" means all days during which a	43396
resident, regardless of payment source, occupies a bed in a	43397
nursing facility or intermediate care facility for the mentally	43398
retarded that is included in the facility's certified capacity	43399
under Title XIX of the "Social Security Act," 49 Stat. 610 (1935),	43400
42 U.S.C.A. 301, as amended. Therapeutic or hospital leave days	43401
for which payment is made under section 5111.33 of the Revised	43402
Code are considered inpatient days proportionate to the percentage	43403
of the facility's per resident per day rate paid for those days.	43404

~~(K)~~(L) "Intermediate care facility for the mentally retarded"	43405
means an intermediate care facility for the mentally retarded	43406
certified as in compliance with applicable standards for the	43407
~~medical assistance~~medicaid program by the director of health in	43408
accordance with Title XIX of the "Social Security Act."	43409

~~(L)~~(M) "Maintenance and repair expenses" means, except as	43410
provided in division ~~(X)~~(Y)(2) of this section, expenditures that	43411
are necessary and proper to maintain an asset in a normally	43412
efficient working condition and that do not extend the useful life	43413
of the asset two years or more. "Maintenance and repair expenses"	43414
includes but is not limited to the cost of ordinary repairs such	43415
as painting and wallpapering.	43416

~~(M)~~(N) "Nursing facility" means a facility, or a distinct	43417
part of a facility, that is certified as a nursing facility by the	43418
director of health in accordance with Title XIX of the "Social	43419
Security Act," and is not an intermediate care facility for the	43420
mentally retarded. "Nursing facility" includes a facility, or a	43421
distinct part of a facility, that is certified as a nursing	43422
facility by the director of health in accordance with Title XIX of	43423
the "Social Security Act," and is certified as a skilled nursing	43424
facility by the director in accordance with Title XVIII of the	43425
"Social Security Act."	43426

~~(N)~~(O) "Operator" means the person or government entity	43427
responsible for the daily operating and management decisions for a	43428
nursing facility or intermediate care facility for the mentally	43429
retarded.	43430

(P) "Other protected costs" means costs incurred by an	43431
intermediate care facility for the mentally retarded for medical	43432
supplies; real estate, franchise, and property taxes; natural gas,	43433
fuel oil, water, electricity, sewage, and refuse and hazardous	43434
medical waste collection; allocated other protected home office	43435
costs; and any additional costs defined as other protected costs	43436
in rules adopted ~~by the director of job and family services in~~	43437
~~accordance with Chapter 119.~~under section 5111.02 of the Revised	43438
Code.	43439

~~(O)~~(Q) "Owner" means any person or government entity that has	43440
at least five per cent ownership or interest, either directly,	43441
indirectly, or in any combination, in a nursing facility or	43442
intermediate care facility for the mentally retarded.	43443

~~(P)~~(R) "Patient" includes "resident."

43444

~~(Q)~~(S) Except as provided in divisions ~~(Q)~~(S)(1) and (2) of	43445
this section, "per diem" means a nursing facility's or	43446
intermediate care facility for the mentally retarded's actual,	43447
allowable costs in a given cost center in a cost reporting period,	43448
divided by the facility's inpatient days for that cost reporting	43449
period.	43450

(1) When calculating indirect care costs for the purpose of	43451
establishing rates under section ~~5111.24 or~~ 5111.241 of the	43452
Revised Code, "per diem" means ~~a facility's~~an intermediate care	43453
facility for the mentally retarded's actual, allowable indirect	43454
care costs in a cost reporting period divided by the greater of	43455
the facility's inpatient days for that period or the number of	43456
inpatient days the facility would have had during that period if	43457
its occupancy rate had been eighty-five per cent.	43458

(2) When calculating capital costs for the purpose of	43459
establishing rates under section 5111.25 or 5111.251 of the	43460
Revised Code, "per diem" means a facility's actual, allowable	43461
capital costs in a cost reporting period divided by the greater of	43462
the facility's inpatient days for that period or the number of	43463
inpatient days the facility would have had during that period if	43464
its occupancy rate had been ninety-five per cent. For the purpose	43465
of determining a nursing facility's occupancy rate under division	43466
(S)(2) of this section, the department of job and family services	43467
shall include any beds that the nursing facility removes from its	43468
bed capacity under its Title XIX certification after June 30,	43469
2005, unless the nursing facility also removes the beds from its	43470
licensed bed capacity.	43471

~~(R)~~(T) "Provider" means a person or government entity that	43472
operates a nursing facility or intermediate care facility for the	43473
mentally retarded under a provider agreement.	43474

~~(S)~~(U) "Provider agreement" means a contract between the	43475
department of job and family services and the operator of a	43476
nursing facility or intermediate care facility for the mentally	43477
retarded for the provision of nursing facility services or	43478
intermediate care facility services for the mentally retarded	43479
under the ~~medical assistance~~medicaid program.	43480

~~(T) "Purchased nursing services" means services that are~~	43481
~~provided in a nursing facility by registered nurses, licensed~~	43482
~~practical nurses, or nurse aides who are not employees of the~~	43483
~~facility.~~	43484

~~(U)~~(V) "Reasonable" means that a cost is an actual cost that	43485
is appropriate and helpful to develop and maintain the operation	43486
of patient care facilities and activities, including normal	43487
standby costs, and that does not exceed what a prudent buyer pays	43488
for a given item or services. Reasonable costs may vary from	43489
provider to provider and from time to time for the same provider.	43490

~~(V)~~(W) "Related party" means an individual or organization	43491
that, to a significant extent, has common ownership with, is	43492
associated or affiliated with, has control of, or is controlled	43493
by, the provider.	43494

(1) An individual who is a relative of an owner is a related	43495
party.	43496

(2) Common ownership exists when an individual or individuals	43497
possess significant ownership or equity in both the provider and	43498
the other organization. Significant ownership or equity exists	43499
when an individual or individuals possess five per cent ownership	43500
or equity in both the provider and a supplier. Significant	43501
ownership or equity is presumed to exist when an individual or	43502
individuals possess ten per cent ownership or equity in both the	43503
provider and another organization from which the provider	43504
purchases or leases real property.	43505

(3) Control exists when an individual or organization has the	43506
power, directly or indirectly, to significantly influence or	43507
direct the actions or policies of an organization.	43508

(4) An individual or organization that supplies goods or	43509
services to a provider shall not be considered a related party if	43510
all of the following conditions are met:	43511

(a) The supplier is a separate bona fide organization.

43512

(b) A substantial part of the supplier's business activity of	43513
the type carried on with the provider is transacted with others	43514
than the provider and there is an open, competitive market for the	43515
types of goods or services the supplier furnishes.	43516

(c) The types of goods or services are commonly obtained by	43517
other nursing facilities or intermediate care facilities for the	43518
mentally retarded from outside organizations and are not a basic	43519
element of patient care ordinarily furnished directly to patients	43520
by the facilities.	43521

(d) The charge to the provider is in line with the charge for	43522
the goods or services in the open market and no more than the	43523
charge made under comparable circumstances to others by the	43524
supplier.	43525

~~(W)~~(X) "Relative of owner" means an individual who is related	43526
to an owner of a nursing facility or intermediate care facility	43527
for the mentally retarded by one of the following relationships:	43528

(1) Spouse;

43529

(2) Natural parent, child, or sibling;

43530

(3) Adopted parent, child, or sibling;

43531

(4) ~~Step-parent~~Stepparent, ~~step-child~~stepchild,	43532
~~step-brother~~stepbrother, or ~~step-sister~~stepsister;	43533

(5) Father-in-law, mother-in-law, son-in-law,	43534
daughter-in-law, brother-in-law, or sister-in-law;	43535

(6) Grandparent or grandchild;

43536

(7) Foster caregiver, foster child, foster brother, or foster	43537
sister.	43538

~~(X)~~(Y) "Renovation" and "extensive renovation" mean:

43539

(1) Any betterment, improvement, or restoration of ~~a nursing~~	43540
~~facility or~~an intermediate care facility for the mentally	43541
retarded started before July 1, 1993, that meets the definition of	43542
a renovation or extensive renovation established in rules adopted	43543
by the director of job and family services in effect on December	43544
22, 1992.	43545

(2) In the case of betterments, improvements, and	43546
restorations of ~~nursing facilities and~~ intermediate care	43547
facilities for the mentally retarded started on or after July 1,	43548
1993:	43549

(a) "Renovation" means the betterment, improvement, or	43550
restoration of ~~a nursing facility or~~an intermediate care facility	43551
for the mentally retarded beyond its current functional capacity	43552
through a structural change that costs at least five hundred	43553
dollars per bed. A renovation may include betterment, improvement,	43554
restoration, or replacement of assets that are affixed to the	43555
building and have a useful life of at least five years. A	43556
renovation may include costs that otherwise would be considered	43557
maintenance and repair expenses if they are an integral part of	43558
the structural change that makes up the renovation project.	43559
"Renovation" does not mean construction of additional space for	43560
beds that will be added to a facility's licensed or certified	43561
capacity.	43562

(b) "Extensive renovation" means a renovation that costs more	43563
than sixty-five per cent and no more than eighty-five per cent of	43564
the cost of constructing a new bed and that extends the useful	43565
life of the assets for at least ten years.	43566

For the purposes of division ~~(X)~~(Y)(2) of this section, the	43567
cost of constructing a new bed shall be considered to be forty	43568
thousand dollars, adjusted for the estimated rate of inflation	43569
from January 1, 1993, to the end of the calendar year during which	43570
the renovation is completed, using the consumer price index for	43571
shelter costs for all urban consumers for the north central	43572
region, as published by the United States bureau of labor	43573
statistics.	43574

The department of job and family services may treat a	43575
renovation that costs more than eighty-five per cent of the cost	43576
of constructing new beds as an extensive renovation if the	43577
department determines that the renovation is more prudent than	43578
construction of new beds.	43579

Sec. 5111.204. (A) As used in this section ~~and in section~~	43580
~~5111.205 of the Revised Code~~, "representative" means a person	43581
acting on behalf of an applicant for or recipient of ~~medical~~	43582
~~assistance~~medicaid. A representative may be a family member,	43583
attorney, hospital social worker, or any other person chosen to	43584
act on behalf of an applicant or recipient.	43585

(B) The department of job and family services may require an	43586
each applicant for or recipient of ~~medical assistance~~medicaid who	43587
applies or intends to apply for admission to a nursing facility or	43588
resides in a nursing facility to undergo an assessment to	43589
determine whether the applicant or recipient needs the level of	43590
care provided by a nursing facility. ToThe assessment may be	43591
performed concurrently with a long-term care consultation	43592
performed under section 173.42 of the Revised Code.	43593

To the maximum extent possible, the assessment shall be based	43594
on information from the resident assessment instrument specified	43595
in rules adopted by the director of job and family services under	43596
division (A) of section ~~5111.231~~5111.232 of the Revised Code. The	43597
assessment shall also be based on criteria and procedures	43598
established in rules adopted under division ~~(H)~~(F) of this section	43599
and information provided by the person being assessed or the	43600
person's representative. ~~The~~	43601

The department of job and family services, or if the	43602
assessment is performed by ~~another~~an agency ~~designated~~ under	43603
contract with the department pursuant to division (G) of this	43604
section ~~5101.754 of the Revised Code~~, the agency, shall, not later	43605
than the time the ~~assessment~~level of care determination based on	43606
the assessment is required to be ~~performed~~provided under division	43607
(C) of this section, give written notice of its conclusions and	43608
the basis for them to the person assessed and, if the department	43609
of job and family services or ~~designated entity~~agency under	43610
contract with the department has been informed that the person has	43611
a representative, to the representative.	43612

(C) The department of job and family services or ~~designated~~	43613
agency under contract with the department, whichever performs the	43614
assessment, shall ~~perform a complete assessment, or, if~~	43615
~~circumstances provided by rules adopted under division (H) of this~~	43616
~~section exist, a partial assessment,~~provide a level of care	43617
determination based on the assessment as follows:	43618

(1) In the case of a person applying or intending to apply	43619
for admission to a nursing facility while hospitalized, not later	43620
than one of the following:	43621

(a) One working day after the person or the person's	43622
representative submits anthe application ~~for admission to the~~	43623
~~nursing facility~~ or notifies the department of the person's	43624
intention to apply and submits all information required for	43625
providing the level of care determination, as specified in rules	43626
adopted under division (F)(2) of this section;	43627

(b) A later date requested by the person or the person's	43628
representative.	43629

(2) In the case of ~~an emergency as determined in accordance~~	43630
~~with rules adopted under division (H) of this section, not later~~	43631
~~than one calendar day after the person or the person's~~	43632
~~representative submits the application or notifies the department~~	43633
~~of the person's intention to apply.~~	43634

~~(3) In all other cases~~a person applying or intending to	43635
apply for admission to a nursing facility who is not hospitalized,	43636
not later than one of the following:	43637

(a) Five calendar days after the person or the person's	43638
representative submits the application or notifies the department	43639
of the person's intention to apply and submits all information	43640
required for providing the level of care determination, as	43641
specified in rules adopted under division (F)(2) of this section;	43642

(b) A later date requested by the person or the person's	43643
representative.	43644

(3) In the case of a person who resides in a nursing	43645
facility, not later than one of the following:	43646

(a) Five calendar days after the person or the person's	43647
representative submits an application for medical assistance and	43648
submits all information required for providing the level of care	43649
determination, as specified in rules adopted under division (F)(2)	43650
of this section;	43651

(b) A later date requested by the person or the person's	43652
representative.	43653

(4) In the case of an emergency, as specified in rules	43654
adopted under division (F)(4) of this section, within the number	43655
of days specified in the rules.	43656

(D) ~~If the department of job and family services or~~	43657
~~designated agency conducts a partial assessment under division (C)~~	43658
~~of this section, it shall complete the rest of the assessment not~~	43659
~~later than one hundred eighty days after the date the person is~~	43660
~~admitted to the nursing facility unless the department or~~	43661
~~designated agency determines the person should be exempt from the~~	43662
~~assessment.~~	43663

~~(E) A person is not required to be assessed under this~~	43664
~~section if the circumstances specified by rule adopted under~~	43665
~~division (H) of this section exist or the department of job and~~	43666
~~family services or designated agency determines after a partial~~	43667
~~assessment that the person should be exempt from the assessment.~~	43668

~~(F)~~ A person assessed under this section or the person's	43669
representative may ~~appeal~~request a state hearing to dispute the	43670
conclusions reached by the department of job and family services	43671
or ~~designated~~ agency under contract with the department on the	43672
basis of the assessment. The ~~appeal~~request for a state hearing	43673
shall be made in accordance with section 5101.35 of the Revised	43674
Code. The department of job and family services or ~~designated~~	43675
agency~~, whichever performs the assessment,~~under contract with the	43676
department shall provide to the person or the person's	43677
representative and the nursing facility written notice of the	43678
person's right to ~~appeal~~request a state hearing. The notice shall	43679
include an explanation of the procedure for ~~filing an appeal~~	43680
requesting a state hearing. If a state hearing is requested, the	43681
state shall be represented in the hearing by the department of job	43682
and family services or the agency under contract with the	43683
department, whichever performed the assessment.	43684

~~(G)~~(E) A nursing facility that admits or retains a person	43685
determined pursuant to an assessment required under ~~division (B)~~	43686
~~or (C) of~~ this section not to need the level of care provided by	43687
the nursing facility shall not be reimbursed under the ~~medical~~	43688
~~assistance~~medicaid program for the person's care.	43689

~~(H)~~(F) The director of job and family services shall adopt	43690
rules in accordance with Chapter 119. of the Revised Code to	43691
implement and administer this section. The rules shall include all	43692
of the following:	43693

(1) Criteria and procedures to be used in determining whether	43694
admission to a nursing facility or continued stay in a nursing	43695
facility is appropriate for the person being assessed~~. The~~	43696
~~criteria shall include consideration of whether the person is in~~	43697
~~need of any of the following:~~	43698

~~(a) Nursing or rehabilitation services;~~

43699

~~(b) Assistance with two or more of the activities of daily~~	43700
~~living;~~	43701

~~(c) Continuous supervision to prevent harm to the person as a~~	43702
~~result of cognitive impairment.~~;	43703

(2) Information the person being assessed or the person's	43704
representative must provide to the department or ~~designated~~ agency	43705
under contract with the department for purposes of the assessment	43706
and providing a level of care determination based on the	43707
assessment;	43708

(3) ~~Circumstances under which the department of job and~~	43709
~~family services or designated agency may perform a partial~~	43710
~~assessment under division (C) of this section;~~	43711

~~(4)~~ Circumstances under which a person is not required to be	43712
assessed;	43713

(4) Circumstances that constitute an emergency for purposes	43714
of division (C)(4) of this section and the number of days within	43715
which a level of care determination must be provided in the case	43716
of an emergency.	43717

(G) Pursuant to section 5111.91 of the Revised Code, the	43718
department of job and family services may enter into contracts in	43719
the form of interagency agreements with one or more other state	43720
agencies to perform the assessments required under this section.	43721
The interagency agreements shall specify the responsibilities of	43722
each agency in the performance of the assessments.	43723

Sec. 5111.21. (A) Subject to sections 5111.01, 5111.011,	43724
5111.012, ~~5111.02~~5111.021, and 5111.211 of the Revised Code, the	43725
department of job and family services shall pay, as provided in	43726
sections 5111.20 to ~~5111.32~~5111.33 of the Revised Code, the	43727
reasonable costs of services provided to an eligible medicaid	43728
recipient by an eligible nursing facility or intermediate care	43729
facility for the mentally retarded.	43730

In order to be eligible for ~~medical assistance~~medicaid	43731
payments, the operator of a nursing facility or intermediate care	43732
facility for the mentally retarded shall do all of the following:	43733

(1) Enter into a provider agreement with the department as	43734
provided in section 5111.22 of the Revised Code;	43735

(2) Apply for and maintain a valid license to operate if so	43736
required by law;	43737

(3) Comply with all applicable state and federal laws and	43738
rules.	43739

(B) AThe operator of a nursing facility that elects to	43740
obtain and maintain eligibility for payments under the medicaid	43741
program shall qualify all of the facility's medicaid-certified	43742
beds in the medicare program established by Title XVIII of the	43743
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395. The	43744
director of job and family services may adopt rules ~~in accordance~~	43745
~~with Chapter 119.~~under section 5111.02 of the Revised Code to	43746
establish the time frame in which a nursing facility must comply	43747
with this requirement.	43748

Sec. 5111.22. A provider agreement between the department of	43749
job and family services and the operator of a nursing facility or	43750
intermediate care facility for the mentally retarded shall contain	43751
the following provisions:	43752

(A) The department agrees to make payments to the ~~nursing~~	43753
~~facility or intermediate care facility for the mentally retarded~~	43754
~~for patients eligible for services under the medical assistance~~	43755
~~program~~operator, as provided in sections 5111.20 to ~~5111.32~~	43756
5111.33 of the Revised Code, for medicaid-covered services the	43757
facility provides to a resident of the facility who is a medicaid	43758
recipient. No payment shall be made for the day a medicaid	43759
recipient is discharged from the facility.	43760

(B) The ~~provider~~operator agrees to:

43761

(1) Maintain eligibility as provided in section 5111.21 of	43762
the Revised Code;	43763

(2) Keep records relating to a cost reporting period for the	43764
greater of seven years after the cost report is filed or, if the	43765
department issues an audit report in accordance with division (B)	43766
of section 5111.27 of the Revised Code, six years after all appeal	43767
rights relating to the audit report are exhausted;	43768

(3) File reports as required by the department;

43769

(4) Open all records relating to the costs of its services	43770
for inspection and audit by the department;	43771

(5) Open its premises for inspection by the department, the	43772
department of health, and any other state or local authority	43773
having authority to inspect;	43774

(6) Supply to the department such information as it requires	43775
concerning the facility's services to ~~patients~~residents who are	43776
or are eligible to be medicaid recipients;	43777

(7) Comply with section 5111.31 of the Revised Code.

43778

The provider agreement may contain other provisions that are	43779
consistent with law and considered necessary by the department.	43780

A provider agreement shall be effective for no longer than	43781
twelve months, except that if federal statute or regulations	43782
authorize a longer term, it may be effective for a longer term so	43783
authorized. A provider agreement may be renewed only if the	43784
facility is certified by the department of health for	43785
participation in the medicaid program.	43786

The department of job and family services, in accordance with	43787
rules adopted ~~by the director pursuant to Chapter 119.~~under	43788
section 5111.02 of the Revised Code, may elect not to enter into,	43789
not to renew, or to terminate a provider agreement when the	43790
department determines that such an agreement would not be in the	43791
best interests of ~~the~~medicaid recipients or of the state.	43792

Sec. 5111.221. The department of job and family services	43793
shall make its best efforts each year to calculate rates under	43794
sections ~~5111.23~~5111.20 to ~~5111.29~~5111.33 of the Revised Code in	43795
time to use them to make the payments due to ~~nursing facilities~~	43796
~~and intermediate care facilities for the mentally retarded~~	43797
providers by the fifteenth day of August. If the department is	43798
unable to calculate the rates so that they can be paid by that	43799
date, the department shall pay each ~~facility~~provider the rate	43800
calculated for itthe provider's nursing facilities and	43801
intermediate care facilities for the mentally retarded under those	43802
sections at the end of the previous fiscal year. If the department	43803
also is unable to calculate the rates to make the payments due by	43804
the fifteenth day of September and the fifteenth day of October,	43805
the department shall pay the previous fiscal year's rate to make	43806
those payments. The department may increase by five per cent the	43807
previous fiscal year's rate paid tofor any facility pursuant to	43808
this section at the request of the ~~facility~~provider. The	43809
department shall use rates calculated for the current fiscal year	43810
to make the payments due by the fifteenth day of November.	43811

If the rate paid to a provider for a facility pursuant to	43812
this section is lower than the rate calculated for itthe facility	43813
for the current fiscal year, the department shall pay the ~~facility~~	43814
provider the difference between the two rates for the number of	43815
days for which the ~~facility~~provider was paid for the facility	43816
pursuant to this section. If the rate paid tofor a facility	43817
pursuant to this section is higher than the rate calculated for it	43818
for the current fiscal year, the ~~facility~~provider shall refund to	43819
the department the difference between the two rates for the number	43820
of days for which the ~~facility~~provider was paid for the facility	43821
pursuant to this section.	43822

Sec. 5111.222. The operator of a nursing facility or	43823
intermediate care facility for the mentally retarded may enter	43824
into provider agreements for more than one nursing facility or	43825
intermediate care facility for the mentally retarded.	43826

Sec. 5111.23. (A) The department of job and family services	43827
shall pay a provider for each of the provider's eligible ~~nursing~~	43828
~~facility and~~ intermediate care ~~facility~~facilities for the	43829
mentally retarded a per resident per day rate for direct care	43830
costs established prospectively for each facility. The department	43831
shall establish each facility's rate for direct care costs	43832
quarterly.	43833

(B) Each facility's rate for direct care costs shall be based	43834
on the facility's cost per case-mix unit, subject to the maximum	43835
costs per case-mix unit established under division (B)(2) of this	43836
section, from the calendar year preceding the fiscal year in which	43837
the rate is paid. To determine the rate, the department shall do	43838
all of the following:	43839

(1) Determine each facility's cost per case-mix unit for the	43840
calendar year preceding the fiscal year in which the rate will be	43841
paid by dividing the facility's desk-reviewed, actual, allowable,	43842
per diem direct care costs for that year by its average case-mix	43843
score determined under section ~~5111.231~~5111.232 of the Revised	43844
Code for the same calendar year.	43845

(2)(a) ~~Set the maximum cost per case-mix unit for each peer~~	43846
~~group of nursing facilities specified in rules adopted under~~	43847
~~division (E) of this section at a percentage above the cost per~~	43848
~~case-mix unit of the facility in the group that has the group's~~	43849
~~median medicaid inpatient day for the calendar year preceding the~~	43850
~~fiscal year in which the rate will be paid, as calculated under~~	43851
~~division (B)(1) of this section, that is no less than the~~	43852
~~percentage calculated under division (D)(1) of this section.~~	43853

~~(b)~~ Set the maximum cost per case-mix unit for each peer	43854
group of intermediate care facilities for the mentally retarded	43855
with more than eight beds specified in rules adopted under	43856
division (E) of this section at a percentage above the cost per	43857
case-mix unit of the facility in the group that has the group's	43858
median medicaid inpatient day for the calendar year preceding the	43859
fiscal year in which the rate will be paid, as calculated under	43860
division (B)(1) of this section, that is no less than the	43861
percentage calculated under division (D)(2) of this section.	43862

~~(c)~~(b) Set the maximum cost per case-mix unit for each peer	43863
group of intermediate care facilities for the mentally retarded	43864
with eight or fewer beds specified in rules adopted under division	43865
(E) of this section at a percentage above the cost per case-mix	43866
unit of the facility in the group that has the group's median	43867
medicaid inpatient day for the calendar year preceding the fiscal	43868
year in which the rate will be paid, as calculated under division	43869
(B)(1) of this section, that is no less than the percentage	43870
calculated under division (D)(3) of this section.	43871

~~(d)~~(c) In calculating the maximum cost per case-mix unit	43872
under divisions (B)(2)(a) to ~~(c)~~(b) of this section for each peer	43873
group, the department shall exclude from its calculations the cost	43874
per case-mix unit of any facility in the group that participated	43875
in the ~~medical assistance~~medicaid program under the same operator	43876
for less than twelve months during the calendar year preceding the	43877
fiscal year in which the rate will be paid.	43878

(3) Estimate the rate of inflation for the eighteen-month	43879
period beginning on the first day of July of the calendar year	43880
preceding the fiscal year in which the rate will be paid and	43881
ending on the thirty-first day of December of the fiscal year in	43882
which the rate will be paid, using the employment cost index for	43883
total compensation, health services component, published by the	43884
United States bureau of labor statistics. If the estimated	43885
inflation rate for the eighteen-month period is different from the	43886
actual inflation rate for that period, as measured using the same	43887
index, the difference shall be added to or subtracted from the	43888
inflation rate estimated under division (B)(3) of this section for	43889
the following fiscal year.	43890

(4) The department shall not recalculate a maximum cost per	43891
case-mix unit under division (B)(2) of this section or a	43892
percentage under division (D) of this section based on additional	43893
information that it receives after the maximum costs per case-mix	43894
unit or percentages are set. The department shall recalculate a	43895
maximum cost per case-mix units or percentage only if it made an	43896
error in computing the maximum cost per case-mix unit or	43897
percentage based on information available at the time of the	43898
original calculation.	43899

(C) Each facility's rate for direct care costs shall be	43900
determined as follows for each calendar quarter within a fiscal	43901
year:	43902

(1) Multiply the lesser of the following by the facility's	43903
average case-mix score determined under section ~~5111.231~~5111.232	43904
of the Revised Code for the calendar quarter that preceded the	43905
immediately preceding calendar quarter:	43906

(a) The facility's cost per case-mix unit for the calendar	43907
year preceding the fiscal year in which the rate will be paid, as	43908
determined under division (B)(1) of this section;	43909

(b) The maximum cost per case-mix unit established for the	43910
fiscal year in which the rate will be paid for the facility's peer	43911
group under division (B)(2) of this section;	43912

(2) Adjust the product determined under division (C)(1) of	43913
this section by the inflation rate estimated under division (B)(3)	43914
of this section.	43915

(D)(1) ~~The department shall calculate the percentage above~~	43916
~~the median cost per case-mix unit determined under division (B)(1)~~	43917
~~of this section for the facility that has the median medicaid~~	43918
~~inpatient day for calendar year 1992 for all nursing facilities~~	43919
~~that would result in payment of all desk-reviewed, actual,~~	43920
~~allowable direct care costs for eighty-five per cent of the~~	43921
~~medicaid inpatient days for nursing facilities for calendar year~~	43922
~~1992.~~	43923

~~(2)~~ The department shall calculate the percentage above the	43924
median cost per case-mix unit determined under division (B)(1) of	43925
this section for the facility that has the median medicaid	43926
inpatient day for calendar year 1992 for all intermediate care	43927
facilities for the mentally retarded with more than eight beds	43928
that would result in payment of all desk-reviewed, actual,	43929
allowable direct care costs for eighty and one-half per cent of	43930
the medicaid inpatient days for such facilities for calendar year	43931
1992.	43932

~~(3)~~(2) The department shall calculate the percentage above	43933
the median cost per case-mix unit determined under division (B)(1)	43934
of this section for the facility that has the median medicaid	43935
inpatient day for calendar year 1992 for all intermediate care	43936
facilities for the mentally retarded with eight or fewer beds that	43937
would result in payment of all desk-reviewed, actual, allowable	43938
direct care costs for eighty and one-half per cent of the medicaid	43939
inpatient days for such facilities for calendar year 1992.	43940

(E) The director of job and family services shall adopt rules	43941
~~in accordance with Chapter 119.~~under section 5111.02 of the	43942
Revised Code that specify peer groups of ~~nursing facilities,~~	43943
intermediate care facilities for the mentally retarded with more	43944
than eight beds, and intermediate care facilities for the mentally	43945
retarded with eight or fewer beds, based on findings of	43946
significant per diem direct care cost differences due to geography	43947
and facility bed-size. The rules also may specify peer groups	43948
based on findings of significant per diem direct care cost	43949
differences due to other factors which may include~~, in the case of~~	43950
~~intermediate care facilities for the mentally retarded,~~ case-mix.	43951

(F) The department, in accordance with division (C) of	43952
section ~~5111.231~~5111.232 of the Revised Code and rules adopted	43953
under division (D) of that section, may assign case-mix scores or	43954
costs per case-mix unit if a ~~facility~~provider fails to submit	43955
assessment information necessary to calculate ~~its~~an intermediate	43956
care facility for the mentally retarded's case-mix score in	43957
accordance with that section.	43958

Sec. 5111.231. (A) The department of job and family services	43959
shall pay a provider for each of the provider's eligible nursing	43960
facilities a per resident per day rate for direct care costs	43961
established prospectively for each facility. The department shall	43962
establish each facility's rate for direct care costs quarterly.	43963

(B) Each facility's rate for direct care costs shall be based	43964
on the facility's cost per case-mix unit, subject to the maximum	43965
costs per case-mix unit established under division (B)(2) of this	43966
section, from the calendar year preceding the fiscal year in which	43967
the rate is paid. To determine the rate, the department shall do	43968
all of the following:	43969

(1) Determine each facility's cost per case-mix unit for the	43970
calendar year preceding the fiscal year in which the rate will be	43971
paid by dividing the facility's desk-reviewed, actual, allowable,	43972
per diem direct care costs for that year by its average case-mix	43973
score determined under section 5111.232 of the Revised Code for	43974
the same calendar year.	43975

(2)(a) Set the maximum cost per case-mix unit for each peer	43976
group of nursing facilities specified in division (D) of this	43977
section at one hundred sixteen per cent above the cost per	43978
case-mix unit of the facility in the group that has the group's	43979
median medicaid inpatient day for the calendar year preceding the	43980
fiscal year in which the rate will be paid, as calculated under	43981
division (B)(1) of this section.	43982

(b) In calculating the maximum cost per case-mix unit under	43983
division (B)(2)(a) of this section for each peer group, the	43984
department shall exclude from its calculations the cost per	43985
case-mix unit of either of the following:	43986

(i) Any facility in the group that participated in the	43987
medicaid program under the same operator for less than twelve	43988
months during the calendar year preceding the fiscal year in which	43989
the rate will be paid;	43990

(ii) Any facility in the group that has a cost per case-mix	43991
unit that is more than one standard deviation greater or less than	43992
the mean cost per case-mix unit for all nursing facilities in the	43993
group for the calendar year preceding the fiscal year in which the	43994
rate will be paid.	43995

(3) Estimate the rate of inflation for the eighteen-month	43996
period beginning on the first day of July of the calendar year	43997
preceding the fiscal year in which the rate will be paid and	43998
ending on the thirty-first day of December of the fiscal year in	43999
which the rate will be paid, using the employment cost index for	44000
total compensation, health services component, published by the	44001
United States bureau of labor statistics. If the estimated	44002
inflation rate for the eighteen-month period is different from the	44003
actual inflation rate for that period, as measured using the same	44004
index, the difference shall be added to or subtracted from the	44005
inflation rate estimated under division (B)(3) of this section for	44006
the following fiscal year.	44007

(4) The department shall not recalculate a maximum cost per	44008
case-mix unit under division (B)(2) of this section based on	44009
additional information that it receives after the maximum costs	44010
per case-mix unit are set. The department shall recalculate a	44011
maximum cost per case-mix units only if it made an error in	44012
computing the maximum cost per case-mix unit based on information	44013
available at the time of the original calculation.	44014

(C) Each facility's rate for direct care costs shall be	44015
determined as follows for each calendar quarter within a fiscal	44016
year:	44017

(1) Multiply the lesser of the following by the facility's	44018
average case-mix score determined under section 5111.232 of the	44019
Revised Code for the calendar quarter that preceded the	44020
immediately preceding calendar quarter:	44021

(a) The facility's cost per case-mix unit for the calendar	44022
year preceding the fiscal year in which the rate will be paid, as	44023
determined under division (B)(1) of this section;	44024

(b) The maximum cost per case-mix unit established for the	44025
fiscal year in which the rate will be paid for the facility's peer	44026
group under division (B)(2) of this section;	44027

(2) Adjust the product determined under division (C)(1) of	44028
this section by the inflation rate estimated under division (B)(3)	44029
of this section.	44030

(D)(1) The director of job and family services shall use peer	44031
groups of nursing facilities for the purpose of this section that	44032
are the same as the peer groups specified in rules that were	44033
authorized by section 5111.23 of the Revised Code as that section	44034
existed on the day before the effective date of this section and	44035
were in effect on January 1, 2004, except that nursing facilities	44036
located in Ottawa, Erie, Morrow, Union, or Preble counties shall	44037
be added to the metropolitan statistical area peer group specified	44038
in those rules.	44039

(E) The department, in accordance with division (C) of	44040
section 5111.232 of the Revised Code and rules adopted under	44041
division (D) of that section, may assign case-mix scores or costs	44042
per case-mix unit if a provider fails to submit assessment	44043
information necessary to calculate a nursing facility's case-mix	44044
score in accordance with that section.	44045

~~Sec. 5111.231.~~ Sec. 5111.232. (A)(1) The department of job and	44046
family services shall determine case-mix scores for nursing	44047
facilities using data for each resident, regardless of payment	44048
source, from a resident assessment instrument specified in rules	44049
adopted ~~in accordance with Chapter 119.~~under section 5111.02 of	44050
the Revised Code pursuant to section 1919(e)(5) of the "Social	44051
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as	44052
amended, and the case-mix values established by the United States	44053
department of health and human services. Except as modified in	44054
rules ~~adopted under~~authorized by division (A)(1)(c) of this	44055
section, the department also shall use the grouper methodology	44056
used on June 30, 1999, by the United States department of health	44057
and human services for prospective payment of skilled nursing	44058
facilities under the medicare program established by Title XVIII	44059
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	44060
301, as amended. The director of job and family services may adopt	44061
rules ~~in accordance with Chapter 119.~~under section 5111.02 of the	44062
Revised Code that do any of the following:	44063

(a) Adjust the case-mix values to reflect changes in relative	44064
wage differentials that are specific to this state;	44065

(b) Express all of the case-mix values in numeric terms that	44066
are different from the terms specified by the United States	44067
department of health and human services but that do not alter the	44068
relationship of the case-mix values to one another;	44069

44070

(i) Establish a different hierarchy for assigning residents	44071
to case-mix categories under the methodology;	44072

(ii) Prohibit the use of the index maximizer element of the	44073
methodology;	44074

(iii) Incorporate changes to the methodology the United	44075
States department of health and human services makes after June	44076
30, 1999;	44077

~~(iv) Make other changes the nursing facility reimbursement~~	44078
~~study council established by section 5111.34 of the Revised Code~~	44079
~~approves~~.	44080

(2) The department shall determine case-mix scores for	44081
intermediate care facilities for the mentally retarded using data	44082
for each resident, regardless of payment source, from a resident	44083
assessment instrument and grouper methodology prescribed in rules	44084
adopted ~~in accordance with Chapter 119.~~under section 5111.02 of	44085
the Revised Code and expressed in case-mix values established by	44086
the department in those rules.	44087

(B) Not later than fifteen days after the end of each	44088
calendar quarter, each ~~nursing facility and intermediate care~~	44089
~~facility for the mentally retarded~~provider shall submit to the	44090
department the complete assessment data, from the instrument	44091
specified in rules ~~adopted under~~authorized by division (A) of	44092
this section, for each resident of each of the provider's	44093
facilities, regardless of payment source, who was in the facility	44094
or on hospital or therapeutic leave from the facility on the last	44095
day of the quarter.	44096

Except as provided in division (C) of this section, the	44097
department, after the end of each calendar year and pursuant to	44098
procedures specified in rules adopted ~~in accordance with Chapter~~	44099
~~119.~~under section 5111.02 of the Revised Code, shall calculate an	44100
annual average case-mix score for each nursing facility and	44101
intermediate care facility for the mentally retarded using the	44102
facility's quarterly case-mix scores for that calendar year.	44103

(C)(1) If a ~~facility~~provider does not timely submit	44104
information for a calendar quarter necessary to calculate ~~its~~a	44105
facility's case-mix score, or submits incomplete or inaccurate	44106
information for a calendar quarter, the department may assign the	44107
facility a quarterly average case-mix score that is five per cent	44108
less than the facility's quarterly average case-mix score for the	44109
preceding calendar quarter. If the facility was subject to an	44110
exception review under division (C) of section 5111.27 of the	44111
Revised Code for the preceding calendar quarter, the department	44112
may assign a quarterly average case-mix score that is five per	44113
cent less than the score determined by the exception review. If	44114
the facility was assigned a quarterly average case-mix score for	44115
the preceding quarter, the department may assign a quarterly	44116
average case-mix score that is five per cent less than that score	44117
assigned for the preceding quarter.	44118

The department may use a quarterly average case-mix score	44119
assigned under division (C)(1) of this section, instead of a	44120
quarterly average case-mix score calculated based on the	44121
~~facility's~~provider's submitted information, to calculate the	44122
facility's rate for direct care costs being established under	44123
section 5111.23 or 5111.231 of the Revised Code for one or more	44124
months, as specified in rules ~~adopted under~~authorized by division	44125
(D) of this section, of the quarter for which the rate established	44126
under section 5111.23 or 5111.231 of the Revised Code will be	44127
paid.	44128

Before taking action under division (C)(1) of this section,	44129
the department shall permit the ~~facility~~provider a reasonable	44130
period of time, specified in rules ~~adopted under~~authorized by	44131
division (D) of this section, to correct the information. In the	44132
case of an intermediate care facility for the mentally retarded,	44133
the department shall not assign a quarterly average case-mix score	44134
due to late submission of corrections to assessment information	44135
unless the ~~facility~~provider fails to submit corrected information	44136
prior to the eighty-first day after the end of the calendar	44137
quarter to which the information pertains. In the case of a	44138
nursing facility, the department shall not assign a quarterly	44139
average case-mix score due to late submission of corrections to	44140
assessment information unless the ~~facility~~provider fails to	44141
submit corrected information prior to the earlier of the	44142
eighty-first day after the end of the calendar quarter to which	44143
the information pertains or the deadline for submission of such	44144
corrections established by regulations adopted by the United	44145
States department of health and human services under Titles XVIII	44146
and XIX of the Social Security Act.	44147

(2) If a ~~facility~~provider is paid a rate for a facility	44148
calculated using a quarterly average case-mix score assigned under	44149
division (C)(1) of this section for more than six months in a	44150
calendar year, the department may assign the facility a cost per	44151
case-mix unit that is five per cent less than the facility's	44152
actual or assigned cost per case-mix unit for the preceding	44153
calendar year. The department may use the assigned cost per	44154
case-mix unit, instead of calculating the facility's actual cost	44155
per case-mix unit in accordance with section 5111.23 or 5111.231	44156
of the Revised Code, to establish the facility's rate for direct	44157
care costs for the following fiscal year.	44158

(3) The department shall take action under division (C)(1) or	44159
(2) of this section only in accordance with rules ~~adopted under~~	44160
authorized by division (D) of this section. The department shall	44161
not take an action that affects rates for prior payment periods	44162
except in accordance with sections 5111.27 and 5111.28 of the	44163
Revised Code.	44164

(D) The director may adopt rules ~~in accordance with Chapter~~	44165
~~119.~~under section 5111.02 of the Revised Code that do any of the	44166
following:	44167

(1) Specify the medium or media through which the completed	44168
assessment information shall be submitted;	44169

(2) Establish procedures under which the department will	44170
review assessment information for accuracy and notify the ~~facility~~	44171
provider of any information that requires correction;	44172

(3) Establish procedures for ~~facilities~~providers to correct	44173
assessment information. The procedures may prohibit the provider	44174
of an intermediate care facility for the mentally retarded from	44175
submitting corrected assessment information, for the purpose of	44176
calculating ~~its~~the facility's annual average case-mix score, more	44177
than two calendar quarters after the end of the quarter to which	44178
the information pertains or, if the information pertains to the	44179
quarter ending the thirty-first day of December, after the	44180
thirty-first day of the following March. The procedures may limit	44181
the content of corrections by providers of nursing facilities in	44182
the manner required by regulations adopted by the United States	44183
department of health and human services under Titles XVIII and XIX	44184
of the Social Security Act and prohibit a provider of a nursing	44185
facility from submitting corrected assessment information, for the	44186
purpose of calculating ~~its~~the facility's annual average case-mix	44187
score, more than the earlier of the following:	44188

(a) Two calendar quarters after the end of the quarter to	44189
which the information pertains or, if the information pertains to	44190
the quarter ending the thirty-first day of December, after the	44191
thirty-first day of the following March;	44192

(b) The deadline for submission of such corrections	44193
established by regulations adopted by the United States department	44194
of health and human services under Titles XVIII and XIX of the	44195
Social Security Act.	44196

(4) Specify when and how the department will assign case-mix	44197
scores or costs per case-mix unit under division (C) of this	44198
section if information necessary to calculate the facility's	44199
average annual or quarterly case-mix score is not provided or	44200
corrected in accordance with the procedures established by the	44201
rules. Notwithstanding any other provision of sections 5111.20 to	44202
~~5111.32~~5111.33 of the Revised Code, the rules also may provide	44203
for exclusion of case-mix scores assigned under division (C) of	44204
this section from calculation of the facility's annual average	44205
case-mix score and the maximum cost per case-mix unit for the	44206
facility's peer group.	44207

Sec. 5111.234. (A) As used in this section, "deficiency" and	44208
"standard survey" have the same meanings as in section 5111.35 of	44209
the Revised Code.	44210

(B) Each year, the department of job and family services	44211
shall pay each nursing facility placed in the first, second, and	44212
third quality tier groups established under division (C) of this	44213
section a quality incentive payment. Nursing facilities placed in	44214
the first group shall receive the highest payment. Nursing	44215
facilities placed in the second group shall receive the second	44216
highest payment. Nursing facilities placed in the third group	44217
shall receive the third highest payment. Nursing facilities placed	44218
in the fourth group shall receive no payment. The mean payment,	44219
weighted by medicaid days, shall be two per cent of the average	44220
rate for all nursing facilities calculated under sections 5111.20	44221
to 5111.33 of the Revised Code, excluding this section. Nursing	44222
facilities placed in the fourth group shall be included for the	44223
purpose of determining the mean payment.	44224

(C) Each year, the department shall establish four quality	44225
tier groups. Each group shall consist of one quarter of all	44226
nursing facilities participating in the medicaid program. The	44227
first group shall consist of the quarter of nursing facilities	44228
individually awarded the most number of points under division (D)	44229
of this section. The second group shall consist of the quarter of	44230
nursing facilities individually awarded the second most number of	44231
points under division (D) of this section. The third group shall	44232
consist of the quarter of nursing facilities individually awarded	44233
the third most number of points under division (D) of this	44234
section. The fourth group shall consist of the quarter of nursing	44235
facilities individually awarded the least number of points under	44236
division (D) of this section.	44237

(D) Each year, the department shall award each nursing	44238
facility participating in the medicaid program one point for each	44239
of the following accountability measures the facility meets:	44240

(1) The facility had no health deficiencies on the facility's	44241
most recent standard survey.	44242

(2) The facility had no health deficiencies with a scope and	44243
severity level greater than E, as determined under nursing	44244
facility certification standards established under Title XIX, on	44245
the facility's most recent standard survey.	44246

(3) The facility's resident satisfaction is above the	44247
statewide average.	44248

(4) The facility's family satisfaction is above the statewide	44249
average.	44250

(5) The number of hours the facility employs nurses is above	44251
the statewide average.	44252

(6) The facility's employee retention rate is above the	44253
average for the facility's peer group specified in division (D) of	44254
section 5111.231 of the Revised Code.	44255

(7) The facility's occupancy rate is above the statewide	44256
average.	44257

(8) The facility's medicaid utilization rate is above the	44258
statewide average.	44259

(9) The facility's case-mix score is above the statewide	44260
average.	44261

(E) The director of job and family services shall adopt rules	44262
under section 5111.02 of the Revised Code as necessary to	44263
implement this section. The rules shall include rules establishing	44264
the system for awarding points under division (D) of this section.	44265

Sec. 5111.235. The department of job and family services	44266
shall pay a provider for each of the provider's eligible ~~nursing~~	44267
~~facility and~~ intermediate care ~~facility~~facilities for the	44268
mentally retarded a per resident per day rate for other protected	44269
costs established prospectively each fiscal year for each	44270
facility. The rate for each facility shall be the facility's	44271
desk-reviewed, actual, allowable, per diem other protected costs	44272
from the calendar year preceding the fiscal year in which the rate	44273
will be paid, all adjusted~~, except for franchise permit fees paid~~	44274
~~under section 3721.53 of the Revised Code,~~ for the estimated	44275
inflation rate for the eighteen-month period beginning on the	44276
first day of July of the calendar year preceding the fiscal year	44277
in which the rate will be paid and ending on the thirty-first day	44278
of December of that fiscal year. The department shall estimate	44279
inflation using the consumer price index for all urban consumers	44280
for nonprescription drugs and medical supplies, as published by	44281
the United States bureau of labor statistics. If the estimated	44282
inflation rate for the eighteen-month period is different from the	44283
actual inflation rate for that period, the difference shall be	44284
added to or subtracted from the inflation rate estimated for the	44285
following year.	44286

Sec. 5111.24. (A) The department of job and family services	44287
shall pay a provider for each of the provider's eligible nursing	44288
~~facility~~facilities a per resident per day rate for ~~indirect care~~	44289
ancillary and support costs established prospectively each fiscal	44290
year for each ~~facility~~peer group of nursing facilities specified	44291
in division (E) of this section. The rate shall be based on the	44292
prices for nursing facility's ancillary and support costs. The	44293
rate for each ~~nursing facility~~peer group shall be the ~~sum of the~~	44294
~~following, but shall not exceed the maximum rate established for~~	44295
~~the facility's peer group under division (B) of this section:~~	44296

~~(1) The facility's desk-reviewed, actual, allowable, per diem~~	44297
~~indirect care costs from the calendar year preceding the fiscal~~	44298
~~year in which the rate will be paid, adjusted for the inflation~~	44299
~~rate estimated under division (C)(1) of this section;~~	44300

~~(2) An efficiency incentive in the following amount:~~

44301

~~(a) For fiscal years ending in even-numbered calendar years,~~	44302
~~the difference between the maximum rate established for the~~	44303
~~facility's peer group under division (B) of this section and the~~	44304
~~median, actual, allowable, per diem indirect care costs for the~~	44305
~~facility's peer group;~~	44306

~~(b) For fiscal years ending in odd-numbered calendar years,~~	44307
~~the amount calculated for the preceding fiscal year under division~~	44308
~~(A)(2)(a) of this section.~~	44309

~~(B) The maximum rate for indirect care costs for each peer~~	44310
~~group of nursing facilities specified in rules adopted under~~	44311
~~division (D) of this section shall be determined as follows:~~	44312

~~(1) For fiscal years that end in even-numbered calendar~~	44313
~~years, the maximum rate for each peer group shall be the rate~~	44314
amount that is ~~twelve and one-half~~eight per cent above the	44315
desk-reviewed, actual, allowable, per diem ~~indirect care~~ancillary	44316
and support cost of the facility in the peer group that has the	44317
group's median medicaid inpatient day for ~~the~~ calendar year	44318
~~preceding the fiscal year in which the rate will be paid~~2005,	44319
adjusted annually by the inflation rate estimated under division	44320
~~(C)~~(D)(1) of this section. In determining the ~~maximum~~ rate for	44321
each peer group, the department shall ~~exclude~~do both of the	44322
following:	44323

(1) Use the greater of each nursing facility's actual	44324
inpatient days for calendar year 2005 or the inpatient days the	44325
facility would have had for calendar year 2005 if its occupancy	44326
rate had been ninety per cent;	44327

(2) Exclude from its calculations both of the following:

44328

(a) Facilities in the group that participated in the ~~medical~~	44329
~~assistance~~medicaid program under the same ~~operator~~provider for	44330
less than twelve months in ~~the~~ calendar year ~~preceding the fiscal~~	44331
~~year in which the rate will be paid~~2005;	44332

(b) Facilities in the group whose ~~indirect care~~ancillary and	44333
support costs are more than ~~three~~one standard ~~deviations~~	44334
deviation from the mean desk-reviewed, actual, allowable, per diem	44335
~~indirect care~~ancillary and support cost for all nursing	44336
facilities in the group for ~~the~~ calendar year ~~preceding the fiscal~~	44337
~~year in which the rate will be paid~~2005.	44338

~~(2) For fiscal years that end in odd-numbered calendar~~(B)	44339
Beginning in fiscal year 2010 and every three years thereafter,	44340
the ~~maximum rate~~department shall recalculate the rate for	44341
ancillary and support costs for each peer group ~~is the group's~~	44342
~~maximum rate for the previous fiscal year, adjusted for the~~	44343
~~inflation rate estimated under division (C)(2) of this section~~.	44344
The rate shall be calculated as under division (A) of this	44345
section, except that references to calendar year 2005 in that	44346
division shall be deemed to be references to the calendar year	44347
preceding the fiscal year for which the rate will be paid.	44348

~~(3)~~(C) The department shall not recalculate a ~~maximum~~ rate	44349
for ~~indirect care~~ancillary and support costs under division (A)	44350
or (B)~~(1) or (2)~~ of this section based on additional information	44351
that it receives after the ~~maximum~~ rate is set. The department	44352
shall recalculate the ~~maximum~~ rate for ~~indirect care~~ancillary and	44353
support costs only if it made an error in computing the ~~maximum~~	44354
rate based on the information available at the time of the	44355
original calculation.	44356

~~(C)(1) When adjusting rates for inflation under divisions (A)~~	44357
~~and (B)(1) of this section, the department shall estimate the rate~~	44358
~~of inflation for the eighteen-month period beginning on the first~~	44359
~~day of July of the calendar year preceding the fiscal year in~~	44360
~~which the rate will be paid and ending on the thirty-first day of~~	44361
~~December of the fiscal year in which the rate will be paid, using~~	44362
~~the consumer price index for all items for all urban consumers for~~	44363
~~the north central region, published by the United States bureau of~~	44364
~~labor statistics.~~	44365

~~(2)~~(D)(1) When annually adjusting rates for inflation under	44366
~~division (B)(2) of~~ this section, the department shall estimate the	44367
rate of inflation for the twelve-month period beginning on the	44368
first day of January preceding the fiscal year in which the rate	44369
will be paid and ending on the thirty-first day of December of the	44370
fiscal year in which the rate will be paid, using the consumer	44371
price index for ~~all items for all urban consumers~~nursing homes	44372
for the north central region, published by the United States	44373
bureau of labor statistics.	44374

~~(3)~~(2) If an inflation rate estimated under division	44375
~~(C)~~(D)(1) ~~or (2)~~ of this section is different from the actual	44376
inflation rate for the relevant time period, as measured using the	44377
same index, the difference shall be added to or subtracted from	44378
the inflation rate estimated for the same purpose pursuant to this	44379
division for the following fiscal year.	44380

~~(D)~~(E) The director of job and family services shall ~~adopt~~	44381
~~rules in accordance with Chapter 119. of the Revised Code that~~	44382
~~specify~~use peer groups of nursing facilities ~~based on findings of~~	44383
~~significant per diem indirect care cost differences due to~~	44384
~~geography and facility bed-size. The rules also may specify peer~~	44385
~~groups based on findings of significant per diem indirect care~~	44386
~~cost differences due to other factors~~for the purpose of this	44387
section that are the same as the peer groups specified in rules	44388
that were authorized by this section as this section existed on	44389
the day before the effective date of this amendment and were in	44390
effect on January 1, 2004, except that nursing facilities located	44391
in Ottawa, Erie, Morrow, Union, or Preble counties shall be added	44392
to the metropolitan statistical area peer group specified in those	44393
rules.	44394

Sec. 5111.241. (A) The department of job and family services	44395
shall pay a provider for each of the provider's eligible	44396
intermediate care ~~facility~~facilities for the mentally retarded a	44397
per resident per day rate for indirect care costs established	44398
prospectively each fiscal year for each facility. The rate for	44399
each intermediate care facility for the mentally retarded shall be	44400
the sum of the following, but shall not exceed the maximum rate	44401
established for the facility's peer group under division (B) of	44402
this section:	44403

(1) The facility's desk-reviewed, actual, allowable, per diem	44404
indirect care costs from the calendar year preceding the fiscal	44405
year in which the rate will be paid, adjusted for the inflation	44406
rate estimated under division (C)(1) of this section;	44407

(2) An efficiency incentive in the following amount:

44408

(a) For fiscal years ending in even-numbered calendar years:

44409

(i) In the case of intermediate care facilities for the	44410
mentally retarded with more than eight beds, seven and one-tenth	44411
per cent of the maximum rate established for the facility's peer	44412
group under division (B) of this section;	44413

(ii) In the case of intermediate care facilities for the	44414
mentally retarded with eight or fewer beds, seven per cent of the	44415
maximum rate established for the facility's peer group under	44416
division (B) of this section;	44417

(b) For fiscal years ending in odd-numbered calendar years,	44418
the amount calculated for the preceding fiscal year under division	44419
(A)(2)(a) of this section.	44420

(B)(1) The maximum rate for indirect care costs for each peer	44421
group of intermediate care facilities for the mentally retarded	44422
with more than eight beds specified in rules adopted under	44423
division (D) of this section shall be determined as follows:	44424

(a) For fiscal years ending in even-numbered calendar years,	44425
the maximum rate for each peer group shall be the rate that is no	44426
less than twelve and four-tenths per cent above the median	44427
desk-reviewed, actual, allowable, per diem indirect care cost for	44428
all intermediate care facilities for the mentally retarded with	44429
more than eight beds in the group, excluding facilities in the	44430
group whose indirect care costs for that period are more than	44431
three standard deviations from the mean desk-reviewed, actual,	44432
allowable, per diem indirect care cost for all intermediate care	44433
facilities for the mentally retarded with more than eight beds,	44434
for the calendar year preceding the fiscal year in which the rate	44435
will be paid, adjusted by the inflation rate estimated under	44436
division (C)(1) of this section.	44437

(b) For fiscal years ending in odd-numbered calendar years,	44438
the maximum rate for each peer group is the group's maximum rate	44439
for the previous fiscal year, adjusted for the inflation rate	44440
estimated under division (C)(2) of this section.	44441

(2) The maximum rate for indirect care costs for each peer	44442
group of intermediate care facilities for the mentally retarded	44443
with eight or fewer beds specified in rules adopted under division	44444
(D) of this section shall be determined as follows:	44445

(a) For fiscal years ending in even-numbered calendar years,	44446
the maximum rate for each peer group shall be the rate that is no	44447
less than ten and three-tenths per cent above the median	44448
desk-reviewed, actual, allowable, per diem indirect care cost for	44449
all intermediate care facilities for the mentally retarded with	44450
eight or fewer beds in the group, excluding facilities in the	44451
group whose indirect care costs are more than three standard	44452
deviations from the mean desk-reviewed, actual, allowable, per	44453
diem indirect care cost for all intermediate care facilities for	44454
the mentally retarded with eight or fewer beds, for the calendar	44455
year preceding the fiscal year in which the rate will be paid,	44456
adjusted by the inflation rate estimated under division (C)(1) of	44457
this section.	44458

(b) For fiscal years that end in odd-numbered calendar years,	44459
the maximum rate for each peer group is the group's maximum rate	44460
for the previous fiscal year, adjusted for the inflation rate	44461
estimated under division (C)(2) of this section.	44462

(3) The department shall not recalculate a maximum rate for	44463
indirect care costs under division (B)(1) or (2) of this section	44464
based on additional information that it receives after the maximum	44465
rate is set. The department shall recalculate the maximum rate for	44466
indirect care costs only if it made an error in computing the	44467
maximum rate based on the information available at the time of the	44468
original calculation.	44469

(C)(1) When adjusting rates for inflation under divisions	44470
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department	44471
shall estimate the rate of inflation for the eighteen-month period	44472
beginning on the first day of July of the calendar year preceding	44473
the fiscal year in which the rate will be paid and ending on the	44474
thirty-first day of December of the fiscal year in which the rate	44475
will be paid, using the consumer price index for all items for all	44476
urban consumers for the north central region, published by the	44477
United States bureau of labor statistics.	44478

(2) When adjusting rates for inflation under divisions	44479
(B)(1)(b) and (B)(2)(b) of this section, the department shall	44480
estimate the rate of inflation for the twelve-month period	44481
beginning on the first day of January of the fiscal year preceding	44482
the fiscal year in which the rate will be paid and ending on the	44483
thirty-first day of December of the fiscal year in which the rate	44484
will be paid, using the consumer price index for all items for all	44485
urban consumers for the north central region, published by the	44486
United States bureau of labor statistics.	44487

(3) If an inflation rate estimated under division (C)(1) or	44488
(2) of this section is different from the actual inflation rate	44489
for the relevant time period, as measured using the same index,	44490
the difference shall be added to or subtracted from the inflation	44491
rate estimated pursuant to this division for the following fiscal	44492
year.	44493

(D) The director of job and family services shall adopt rules	44494
~~in accordance with Chapter 119.~~under section 5111.02 of the	44495
Revised Code that specify peer groups of intermediate care	44496
facilities for the mentally retarded with more than eight beds,	44497
and peer groups of intermediate care facilities for the mentally	44498
retarded with eight or fewer beds, based on findings of	44499
significant per diem indirect care cost differences due to	44500
geography and facility bed-size. The rules also may specify peer	44501
groups based on findings of significant per diem indirect care	44502
cost differences due to other factors, including case-mix.	44503

Sec. 5111.242. The department of job and family services	44504
shall pay each eligible nursing facility a per resident per day	44505
rate equal to the desk-reviewed, actual, allowable taxes imposed	44506
under Chapter 5751. of the Revised Code, real estate taxes,	44507
personal property taxes, and corporate franchise taxes the nursing	44508
facility paid during the calendar year preceding the fiscal year	44509
for which the payment is made divided by the number of inpatient	44510
days the facility would have had had its occupancy rate been one	44511
hundred per cent during that calendar year.	44512

Sec. 5111.25. (A) The department of job and family services	44513
shall pay a provider for each of the provider's eligible nursing	44514
~~facility~~facilities a per resident per day rate for its reasonable	44515
capital costs established prospectively each fiscal year for each	44516
facility. Except as otherwise provided in sections 5111.20 to	44517
~~5111.32~~5111.33 of the Revised Code, the rate shall be based on	44518
the facility's capital costs for the calendar year preceding the	44519
fiscal year in which the rate will be paid. The rate shall equal	44520
the sum of divisions (A)(1) ~~to (3)~~and (2) of this section:	44521

(1) The lesser of the following:

44522

(a) ~~Eighty-eight and sixty-five one-hundredths~~Ninety-five	44523
per cent of the facility's desk-reviewed, actual, allowable, per	44524
diem ~~cost of ownership and eighty-five per cent of the facility's~~	44525
~~actual, allowable, per diem cost of nonextensive renovation~~	44526
~~determined under division (F) of this section~~capital costs;	44527

(b) ~~Eighty-eight and sixty-five one-hundredths per cent of~~	44528
~~the~~The following limitation:	44529

(i) For ~~the~~ fiscal ~~year beginning July 1, 1993~~years 2007 and	44530
2008, ~~sixteen~~twenty dollars and two cents per resident day;	44531

(ii) ~~For the fiscal year beginning July 1, 1994, sixteen~~	44532
~~dollars per resident day, adjusted to reflect the rate of~~	44533
~~inflation for the twelve-month period beginning July 1, 1992, and~~	44534
~~ending June 30, 1993, using the consumer price index for shelter~~	44535
~~costs for all urban consumers for the north central region,~~	44536
~~published by the United States bureau of labor statistics;~~	44537

~~(iii)~~ For subsequent fiscal years, the limitation in effect	44538
during the previous fiscal year, adjusted to reflect the rate of	44539
inflation for the twelve-month period beginning on the first day	44540
of July for the calendar year preceding the calendar year that	44541
precedes the fiscal year and ending on the following thirtieth day	44542
of June, using the consumer price index for shelter costs for all	44543
urban consumers for the north central region, published by the	44544
United States bureau of labor statistics.	44545

(2) Any efficiency incentive determined under division (D) of	44546
this section;	44547

~~(3) Any amounts for return on equity determined under~~	44548
~~division (H) of this section~~.	44549

Buildings shall be depreciated using the straight line method	44550
over forty years or over a different period approved by the	44551
department. Components and equipment shall be depreciated using	44552
the straight-line method over a period designated in rules adopted	44553
~~by the director of job and family services in accordance with~~	44554
~~Chapter 119.~~under section 5111.02 of the Revised Code, consistent	44555
with the guidelines of the American hospital association, or over	44556
a different period approved by the department. Any rules ~~adopted~~	44557
~~under~~authorized by this division that specify useful lives of	44558
buildings, components, or equipment apply only to assets acquired	44559
on or after July 1, 1993. Depreciation for costs paid or	44560
reimbursed by any government agency shall not be included in ~~cost~~	44561
~~of ownership or renovation~~capital costs unless that part of the	44562
payment under sections 5111.20 to ~~5111.32~~5111.33 of the Revised	44563
Code is used to reimburse the government agency.	44564

(B) The capital cost basis of nursing facility assets shall	44565
be determined in the following manner:	44566

(1) ~~For purposes of calculating the rate to be paid for the~~	44567
~~fiscal year beginning July 1, 1993, for facilities with dates of~~	44568
~~licensure on or before June 30, 1993, the capital cost basis shall~~	44569
~~be equal to the following:~~	44570

~~(a) For facilities that have not had a change of ownership~~	44571
~~during the period beginning January 1, 1993, and ending June 30,~~	44572
~~1993, the desk-reviewed, actual, allowable capital cost basis that~~	44573
~~is listed on the facility's cost report for the cost reporting~~	44574
~~period ending December 31, 1992, plus the actual, allowable~~	44575
~~capital cost basis of any assets constructed or acquired after~~	44576
~~December 31, 1992, but before July 1, 1993, if the aggregate~~	44577
~~capital costs of those assets would increase the facility's rate~~	44578
~~for capital costs by twenty or more cents per resident per day.~~	44579

~~(b) For facilities that have a date of licensure or had a~~	44580
~~change of ownership during the period beginning January 1, 1993,~~	44581
~~and ending June 30, 1993, the actual, allowable capital cost basis~~	44582
~~of the person or government entity that owns the facility on June~~	44583
~~30, 1993.~~	44584

~~Capital cost basis shall be calculated as provided in~~	44585
~~division (B)(1) of this section subject to approval by the United~~	44586
~~States health care financing administration of any necessary~~	44587
~~amendment to the state plan for providing medical assistance.~~	44588

~~The department shall include the actual, allowable capital~~	44589
~~cost basis of assets constructed or acquired during the period~~	44590
~~beginning January 1, 1993, and ending June 30, 1993, in the~~	44591
~~calculation for the facility's rate effective July 1, 1993, if the~~	44592
~~aggregate capital costs of the assets would increase the~~	44593
~~facility's rate by twenty or more cents per resident per day and~~	44594
~~the facility provides the department with sufficient documentation~~	44595
~~of the costs before June 1, 1993. If the facility provides the~~	44596
~~documentation after that date, the department shall adjust the~~	44597
~~facility's rate to reflect the costs of the assets one month after~~	44598
~~the first day of the month after the department receives the~~	44599
~~documentation.~~	44600

~~(2)~~ Except as provided in division (B)~~(4)~~(3) of this section,	44601
for purposes of calculating the rates to be paid for ~~fiscal years~~	44602
~~beginning after June 30, 1994, for~~ facilities with dates of	44603
licensure on or before June 30, 1993, the capital cost basis of	44604
each asset shall be equal to the desk-reviewed, actual, allowable,	44605
capital cost basis that is listed on the facility's cost report	44606
for the calendar year preceding the fiscal year during which the	44607
rate will be paid.	44608

~~(3)~~(2) For facilities with dates of licensure after June 30,	44609
1993, the capital cost basis shall be determined in accordance	44610
with the principles of the medicare program established under	44611
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	44612
U.S.C.A. 301, as amended, except as otherwise provided in sections	44613
5111.20 to ~~5111.32~~5111.33 of the Revised Code.	44614

~~(4)~~(3) Except as provided in division (B)~~(5)~~(4) of this	44615
section, if a provider transfers an interest in a facility to	44616
another provider after June 30, 1993, there shall be no increase	44617
in the capital cost basis of the asset if the providers are	44618
related parties or the provider to which the interest is	44619
transferred authorizes the provider that transferred the interest	44620
to continue to operate the facility under a lease, management	44621
agreement, or other arrangement. If the ~~providers are not related~~	44622
~~parties or if they are related parties and division (B)(5) of this~~	44623
~~section requires~~previous sentence does not prohibit the	44624
adjustment of the capital cost basis under this division, the	44625
basis of the asset shall be adjusted by the lesser of the	44626
following:	44627

(a) One-half of the change in construction costs during the	44628
time that the transferor held the asset, as calculated by the	44629
department of job and family services using the "Dodge building	44630
cost indexes, northeastern and north central states," published by	44631
Marshall and Swift;	44632

(b) One-half of the change in the consumer price index for	44633
all items for all urban consumers, as published by the United	44634
States bureau of labor statistics, during the time that the	44635
transferor held the asset.	44636

~~(5)~~(4) If a provider transfers an interest in a facility to	44637
another provider who is a related party, the capital cost basis of	44638
the asset shall be adjusted as specified in division (B)~~(4)~~(3) of	44639
this section ~~for a transfer to a provider that is not a related~~	44640
~~party~~ if all of the following conditions are met:	44641

(a) The related party is a relative of owner;

44642

(b) Except as provided in division (B)~~(5)~~(4)(c)(ii) of this	44643
section, the provider making the transfer retains no ownership	44644
interest in the facility;	44645

(c) The department of job and family services determines that	44646
the transfer is an arm's length transaction pursuant to rules ~~the~~	44647
~~department shall adopt in accordance with Chapter 119.~~adopted	44648
under section 5111.02 of the Revised Code ~~no later than December~~	44649
~~31, 2000~~. The rules shall provide that a transfer is an arm's	44650
length transaction if all of the following apply:	44651

(i) Once the transfer goes into effect, the provider that	44652
made the transfer has no direct or indirect interest in the	44653
provider that acquires the facility or the facility itself,	44654
including interest as an owner, officer, director, employee,	44655
independent contractor, or consultant, but excluding interest as a	44656
creditor.	44657

(ii) The provider that made the transfer does not reacquire	44658
an interest in the facility except through the exercise of a	44659
creditor's rights in the event of a default. If the provider	44660
reacquires an interest in the facility in this manner, the	44661
department shall treat the facility as if the transfer never	44662
occurred when the department calculates its reimbursement rates	44663
for capital costs.	44664

(iii) The transfer satisfies any other criteria specified in	44665
the rules.	44666

(d) Except in the case of hardship caused by a catastrophic	44667
event, as determined by the department, or in the case of a	44668
provider making the transfer who is at least sixty-five years of	44669
age, not less than twenty years have elapsed since, for the same	44670
facility, the capital cost basis was adjusted most recently under	44671
division (B)~~(5)~~(4) of this section or actual, allowable cost of	44672
ownership was determined most recently under division (C)(9) of	44673
this section.	44674

44675

"Imputed interest" means the lesser of the prime rate plus	44676
two per cent or ten per cent.	44677

"Lease expense" means lease payments in the case of an	44678
operating lease and depreciation expense and interest expense in	44679
the case of a capital lease. ~~As used in this division, "new~~	44680

"New lease" means a lease, to a different lessee, of a	44681
nursing facility that previously was operated under a lease.	44682

(1) Subject to the limitation specified in division (A)(1) of	44683
this section, for a lease of a facility that was effective on May	44684
27, 1992, the entire lease expense is an actual, allowable capital	44685
cost ~~of ownership~~ during the term of the existing lease. The	44686
entire lease expense also is an actual, allowable capital cost of	44687
~~ownership~~ if a lease in existence on May 27, 1992, is renewed	44688
under either of the following circumstances:	44689

(a) The renewal is pursuant to a renewal option that was in	44690
existence on May 27, 1992;	44691

(b) The renewal is for the same lease payment amount and	44692
between the same parties as the lease in existence on May 27,	44693
1992.	44694

(2) Subject to the limitation specified in division (A)(1) of	44695
this section, for a lease of a facility that was in existence but	44696
not operated under a lease on May 27, 1992, actual, allowable ~~cost~~	44697
~~of ownership~~capital costs shall include the lesser of the annual	44698
lease expense or the annual depreciation expense and imputed	44699
interest expense that would be calculated at the inception of the	44700
lease using the lessor's entire historical capital asset cost	44701
basis, adjusted by the lesser of the following amounts:	44702

(a) One-half of the change in construction costs during the	44703
time the lessor held each asset until the beginning of the lease,	44704
as calculated by the department using the "Dodge building cost	44705
indexes, northeastern and north central states," published by	44706
Marshall and Swift;	44707

(b) One-half of the change in the consumer price index for	44708
all items for all urban consumers, as published by the United	44709
States bureau of labor statistics, during the time the lessor held	44710
each asset until the beginning of the lease.	44711

(3) Subject to the limitation specified in division (A)(1) of	44712
this section, for a lease of a facility with a date of licensure	44713
on or after May 27, 1992, that is initially operated under a	44714
lease, actual, allowable ~~cost of ownership~~capital costs shall	44715
include the annual lease expense if there was a substantial	44716
commitment of money for construction of the facility after	44717
December 22, 1992, and before July 1, 1993. If there was not a	44718
substantial commitment of money after December 22, 1992, and	44719
before July 1, 1993, actual, allowable ~~cost of ownership~~capital	44720
costs shall include the lesser of the annual lease expense or the	44721
sum of the following:	44722

(a) The annual depreciation expense that would be calculated	44723
at the inception of the lease using the lessor's entire historical	44724
capital asset cost basis;	44725

(b) The greater of the lessor's actual annual amortization of	44726
financing costs and interest expense at the inception of the lease	44727
or the imputed interest expense calculated at the inception of the	44728
lease using seventy per cent of the lessor's historical capital	44729
asset cost basis.	44730

(4) Subject to the limitation specified in division (A)(1) of	44731
this section, for a lease of a facility with a date of licensure	44732
on or after May 27, 1992, that was not initially operated under a	44733
lease and has been in existence for ten years, actual, allowable	44734
~~cost of ownership~~capital costs shall include the lesser of the	44735
annual lease expense or the annual depreciation expense and	44736
imputed interest expense that would be calculated at the inception	44737
of the lease using the entire historical capital asset cost basis	44738
of the lessor, adjusted by the lesser of the following:	44739

(a) One-half of the change in construction costs during the	44740
time the lessor held each asset until the beginning of the lease,	44741
as calculated by the department using the "Dodge building cost	44742
indexes, northeastern and north central states," published by	44743
Marshall and Swift;	44744

(b) One-half of the change in the consumer price index for	44745
all items for all urban consumers, as published by the United	44746
States bureau of labor statistics, during the time the lessor held	44747
each asset until the beginning of the lease.	44748

(5) Subject to the limitation specified in division (A)(1) of	44749
this section, for a new lease of a facility that was operated	44750
under a lease on May 27, 1992, actual, allowable ~~cost of ownership~~	44751
capital costs shall include the lesser of the annual new lease	44752
expense or the annual old lease payment. If the old lease was in	44753
effect for ten years or longer, the old lease payment from the	44754
beginning of the old lease shall be adjusted by the lesser of the	44755
following:	44756

(a) One-half of the change in construction costs from the	44757
beginning of the old lease to the beginning of the new lease, as	44758
calculated by the department using the "Dodge building cost	44759
indexes, northeastern and north central states," published by	44760
Marshall and Swift;	44761

(b) One-half of the change in the consumer price index for	44762
all items for all urban consumers, as published by the United	44763
States bureau of labor statistics, from the beginning of the old	44764
lease to the beginning of the new lease.	44765

(6) Subject to the limitation specified in division (A)(1) of	44766
this section, for a new lease of a facility that was not in	44767
existence or that was in existence but not operated under a lease	44768
on May 27, 1992, actual, allowable ~~cost of ownership~~capital costs	44769
shall include the lesser of annual new lease expense or the annual	44770
amount calculated for the old lease under division (C)(2), (3),	44771
(4), or (6) of this section, as applicable. If the old lease was	44772
in effect for ten years or longer, the lessor's historical capital	44773
asset cost basis shall be adjusted by the lesser of the following	44774
for purposes of calculating the annual amount under division	44775
(C)(2), (3), (4), or (6) of this section:	44776

(a) One-half of the change in construction costs from the	44777
beginning of the old lease to the beginning of the new lease, as	44778
calculated by the department using the "Dodge building cost	44779
indexes, northeastern and north central states," published by	44780
Marshall and Swift;	44781

(b) One-half of the change in the consumer price index for	44782
all items for all urban consumers, as published by the United	44783
States bureau of labor statistics, from the beginning of the old	44784
lease to the beginning of the new lease.	44785

In the case of a lease under division (C)(3) of this section	44786
of a facility for which a substantial commitment of money was made	44787
after December 22, 1992, and before July 1, 1993, the old lease	44788
payment shall be adjusted for the purpose of determining the	44789
annual amount.	44790

(7) For any revision of a lease described in division (C)(1),	44791
(2), (3), (4), (5), or (6) of this section, or for any subsequent	44792
lease of a facility operated under such a lease, other than	44793
execution of a new lease, the portion of actual, allowable ~~cost of~~	44794
~~ownership~~capital costs attributable to the lease shall be the	44795
same as before the revision or subsequent lease.	44796

(8) Except as provided in division (C)(9) of this section, if	44797
a provider leases an interest in a facility to another provider	44798
who is a related party or previously operated the facility, the	44799
related party's or previous operator's actual, allowable ~~cost of~~	44800
~~ownership~~capital costs shall include the lesser of the annual	44801
lease expense or the reasonable cost to the lessor.	44802

(9) If a provider leases an interest in a facility to another	44803
provider who is a related party, regardless of the date of the	44804
lease, the related party's actual, allowable ~~cost of ownership~~	44805
capital costs shall include the annual lease expense, subject to	44806
the limitations specified in divisions (C)(1) to (7) of this	44807
section, if all of the following conditions are met:	44808

(a) The related party is a relative of owner;

44809

(b) If the lessor retains an ownership interest, it is,	44810
except as provided in division (C)(9)(c)(ii) of this section, in	44811
only the real property and any improvements on the real property;	44812

(c) The department of job and family services determines that	44813
the lease is an arm's length transaction pursuant to rules ~~the~~	44814
~~department shall adopt in accordance with Chapter 119.~~adopted	44815
under section 5111.02 of the Revised Code ~~no later than December~~	44816
~~31, 2000~~. The rules shall provide that a lease is an arm's length	44817
transaction if all of the following apply:	44818

(i) Once the lease goes into effect, the lessor has no direct	44819
or indirect interest in the lessee or, except as provided in	44820
division (C)(9)(b) of this section, the facility itself, including	44821
interest as an owner, officer, director, employee, independent	44822
contractor, or consultant, but excluding interest as a lessor.	44823

(ii) The lessor does not reacquire an interest in the	44824
facility except through the exercise of a lessor's rights in the	44825
event of a default. If the lessor reacquires an interest in the	44826
facility in this manner, the department shall treat the facility	44827
as if the lease never occurred when the department calculates its	44828
reimbursement rates for capital costs.	44829

(iii) The lease satisfies any other criteria specified in the	44830
rules.	44831

(d) Except in the case of hardship caused by a catastrophic	44832
event, as determined by the department, or in the case of a lessor	44833
who is at least sixty-five years of age, not less than twenty	44834
years have elapsed since, for the same facility, the capital cost	44835
basis was adjusted most recently under division (B)(5) of this	44836
section or actual, allowable ~~cost of ownership was~~capital costs	44837
were determined most recently under division (C)(9) of this	44838
section.	44839

(10) This division does not apply to leases of specific items	44840
of equipment.	44841

(D)(1) Subject to division (D)(2) of this section, the	44842
department shall pay a provider for each of the provider's	44843
eligible nursing ~~facility~~facilities an efficiency incentive that	44844
is equal to fifty per cent of the difference between the	44845
following:	44846

(a) ~~Eighty-eight and sixty-five one-hundredths~~Ninety-five	44847
per cent of the facility's desk-reviewed, actual, allowable, per	44848
diem ~~cost of ownership~~capital costs;	44849

(b) ~~The applicable amount specified in division (E) of this~~	44850
~~section~~Ten dollars per resident per day.	44851

(2) The efficiency incentive paid to a nursing facility shall	44852
not exceed ~~the greater of the following:~~	44853

~~(a) The efficiency incentive the facility was paid during the~~	44854
~~fiscal year ending June 30, 1994;~~	44855

~~(b) Three~~two dollars and fifty cents per resident per day,	44856
~~adjusted annually for rates paid beginning July 1, 1994, for the~~	44857
~~inflation rate for the twelve-month period beginning on the first~~	44858
~~day of July of the calendar year preceding the calendar year that~~	44859
~~precedes the fiscal year for which the efficiency incentive is~~	44860
~~determined and ending on the thirtieth day of the following June,~~	44861
~~using the consumer price index for shelter costs for all urban~~	44862
~~consumers for the north central region, as published by the United~~	44863
~~States bureau of labor statistics~~.	44864

~~(3) For purposes of calculating the efficiency incentive,~~	44865
~~depreciation for costs that are paid or reimbursed by any~~	44866
~~government agency shall be considered as costs of ownership, and~~	44867
~~renovation costs that are paid under division (F) of this section~~	44868
~~shall not be considered costs of ownership.~~	44869

~~(E) The following amounts shall be used to calculate~~	44870
~~efficiency incentives for nursing facilities under this section:~~	44871

~~(1) For facilities with dates of licensure prior to January~~	44872
~~1, 1958, four dollars and twenty-four cents per patient day;~~	44873

~~(2) For facilities with dates of licensure after December 31,~~	44874
~~1957, but prior to January 1, 1968:~~	44875

~~(a) Five dollars and twenty-four cents per patient day if the~~	44876
~~cost of construction was three thousand five hundred dollars or~~	44877
~~more per bed;~~	44878

~~(b) Four dollars and twenty-four cents per patient day if the~~	44879
~~cost of construction was less than three thousand five hundred~~	44880
~~dollars per bed.~~	44881

~~(3) For facilities with dates of licensure after December 31,~~	44882
~~1967, but prior to January 1, 1976:~~	44883

~~(a) Six dollars and twenty-four cents per patient day if the~~	44884
~~cost of construction was five thousand one hundred fifty dollars~~	44885
~~or more per bed;~~	44886

~~(b) Five dollars and twenty-four cents per patient day if the~~	44887
~~cost of construction was less than five thousand one hundred fifty~~	44888
~~dollars per bed, but exceeded three thousand five hundred dollars~~	44889
~~per bed;~~	44890

~~(c) Four dollars and twenty-four cents per patient day if the~~	44891
~~cost of construction was three thousand five hundred dollars or~~	44892
~~less per bed.~~	44893

~~(4) For facilities with dates of licensure after December 31,~~	44894
~~1975, but prior to January 1, 1979:~~	44895

~~(a) Seven dollars and twenty-four cents per patient day if~~	44896
~~the cost of construction was six thousand eight hundred dollars or~~	44897
~~more per bed;~~	44898

~~(b) Six dollars and twenty-four cents per patient day if the~~	44899
~~cost of construction was less than six thousand eight hundred~~	44900
~~dollars per bed but exceeded five thousand one hundred fifty~~	44901
~~dollars per bed;~~	44902

~~(c) Five dollars and twenty-four cents per patient day if the~~	44903
~~cost of construction was five thousand one hundred fifty dollars~~	44904
~~or less per bed, but exceeded three thousand five hundred dollars~~	44905
~~per bed;~~	44906

~~(d) Four dollars and twenty-four cents per patient day if the~~	44907
~~cost of construction was three thousand five hundred dollars or~~	44908
~~less per bed.~~	44909

~~(5) For facilities with dates of licensure after December 31,~~	44910
~~1978, but prior to January 1, 1981:~~	44911

~~(a) Seven dollars and seventy-four cents per patient day if~~	44912
~~the cost of construction was seven thousand six hundred~~	44913
~~twenty-five dollars or more per bed;~~	44914

~~(b) Seven dollars and twenty-four cents per patient day if~~	44915
~~the cost of construction was less than seven thousand six hundred~~	44916
~~twenty-five dollars per bed but exceeded six thousand eight~~	44917
~~hundred dollars per bed;~~	44918

~~(c) Six dollars and twenty-four cents per patient day if the~~	44919
~~cost of construction was six thousand eight hundred dollars or~~	44920
~~less per bed but exceeded five thousand one hundred fifty dollars~~	44921
~~per bed;~~	44922

~~(d) Five dollars and twenty-four cents per patient day if the~~	44923
~~cost of construction was five thousand one hundred fifty dollars~~	44924
~~or less but exceeded three thousand five hundred dollars per bed;~~	44925

~~(e) Four dollars and twenty-four cents per patient day if the~~	44926
~~cost of construction was three thousand five hundred dollars or~~	44927
~~less per bed.~~	44928

~~(6) For facilities with dates of licensure in 1981 or any~~	44929
~~year thereafter prior to December 22, 1992, the following amount:~~	44930

~~(a) For facilities with construction costs less than seven~~	44931
~~thousand six hundred twenty-five dollars per bed, the applicable~~	44932
~~amounts for the construction costs specified in divisions~~	44933
~~(E)(5)(b) to (e) of this section;~~	44934

~~(b) For facilities with construction costs of seven thousand~~	44935
~~six hundred twenty-five dollars or more per bed, six dollars per~~	44936
~~patient day, provided that for 1981 and annually thereafter prior~~	44937
~~to December 22, 1992, department shall do both of the following to~~	44938
~~the six-dollar amount:~~	44939

~~(i) Adjust the amount for fluctuations in construction costs~~	44940
~~calculated by the department using the "Dodge building cost~~	44941
~~indexes, northeastern and north central states," published by~~	44942
~~Marshall and Swift, using 1980 as the base year;~~	44943

~~(ii) Increase the amount, as adjusted for inflation under~~	44944
~~division (E)(6)(b)(i) of this section, by one dollar and~~	44945
~~seventy-four cents.~~	44946

~~(7) For facilities with dates of licensure on or after~~	44947
~~January 1, 1992, seven dollars and ninety-seven cents, adjusted~~	44948
~~for fluctuations in construction costs between 1991 and 1993 as~~	44949
~~calculated by the department using the "Dodge building cost~~	44950
~~indexes, northeastern and north central states," published by~~	44951
~~Marshall and Swift, and then increased by one dollar and~~	44952
~~seventy-four cents.~~	44953

~~For the fiscal year that begins July 1, 1994, each of the~~	44954
~~amounts listed in divisions (E)(1) to (7) of this section shall be~~	44955
~~increased by twenty-five cents. For the fiscal year that begins~~	44956
~~July 1, 1995, each of those amounts shall be increased by an~~	44957
~~additional twenty-five cents. For subsequent fiscal years, each of~~	44958
~~those amounts, as increased for the prior fiscal year, shall be~~	44959
~~adjusted to reflect the rate of inflation for the twelve-month~~	44960
~~period beginning on the first day of July of the calendar year~~	44961
~~preceding the calendar year that precedes the fiscal year and~~	44962
~~ending on the following thirtieth day of June, using the consumer~~	44963
~~price index for shelter costs for all urban consumers for the~~	44964
~~north central region, as published by the United States bureau of~~	44965
~~labor statistics.~~	44966

~~If the amount established for a nursing facility under this~~	44967
~~division is less than the amount that applied to the facility~~	44968
~~under division (B) of former section 5111.25 of the Revised Code,~~	44969
~~as the former section existed immediately prior to December 22,~~	44970
~~1992, the amount used to calculate the efficiency incentive for~~	44971
~~the facility under division (D)(2) of this section shall be the~~	44972
~~amount that was calculated under division (B) of the former~~	44973
~~section.~~	44974

~~(F) Beginning July 1, 1993, regardless of the facility's date~~	44975
~~of licensure or the date of the nonextensive renovations, the rate~~	44976
~~for the costs of nonextensive renovations for nursing facilities~~	44977
~~shall be eighty-five per cent of the desk-reviewed, actual,~~	44978
~~allowable, per diem, nonextensive renovation costs. This division~~	44979
~~applies to nonextensive renovations regardless of whether they are~~	44980
~~made by an owner or a lessee. If the tenancy of a lessee that has~~	44981
~~made nonextensive renovations ends before the depreciation expense~~	44982
~~for the renovation costs has been fully reported, the former~~	44983
~~lessee shall not report the undepreciated balance as an expense.~~	44984

~~(1) For a nonextensive renovation made after July 1, 1993, to~~	44985
~~qualify for payment under this division, both of the following~~	44986
~~conditions must be met:~~	44987

~~(a) At least five years have elapsed since the date of~~	44988
~~licensure of the portion of the facility that is proposed to be~~	44989
~~renovated, except that this condition does not apply if the~~	44990
~~renovation is necessary to meet the requirements of federal,~~	44991
~~state, or local statutes, ordinances, rules, or policies.~~	44992

~~(b) The provider has obtained prior approval from the~~	44993
~~department of job and family services, and if required the~~	44994
~~director of health has granted a certificate of need for the~~	44995
~~renovation under section 3702.52 of the Revised Code. The provider~~	44996
~~shall submit a plan that describes in detail the changes in~~	44997
~~capital assets to be accomplished by means of the renovation and~~	44998
~~the timetable for completing the project. The time for completion~~	44999
~~of the project shall be no more than eighteen months after the~~	45000
~~renovation begins. The department of job and family services shall~~	45001
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	45002
~~that specify criteria and procedures for prior approval of~~	45003
~~renovation projects. No provider shall separate a project with the~~	45004
~~intent to evade the characterization of the project as a~~	45005
~~renovation or as an extensive renovation. No provider shall~~	45006
~~increase the scope of a project after it is approved by the~~	45007
~~department of job and family services unless the increase in scope~~	45008
~~is approved by the department.~~	45009

~~(2) The payment provided for in this division is the only~~	45010
~~payment that shall be made for the costs of a nonextensive~~	45011
~~renovation. Nonextensive renovation costs shall not be included in~~	45012
~~costs of ownership, and a nonextensive renovation shall not affect~~	45013
~~the date of licensure for purposes of calculating the efficiency~~	45014
~~incentive under divisions (D) and (E) of this section.~~	45015

~~(G) The owner~~(E) A provider of a nursing facility ~~operating~~	45016
~~under a provider agreement~~ shall provide written notice to the	45017
department of job and family services at least forty-five days	45018
prior to entering into any contract of sale for the facility or	45019
voluntarily terminating participation in the ~~medical assistance~~	45020
medicaid program. After the date on which a transaction of sale is	45021
closed, the ~~owner~~provider shall refund to the department the	45022
amount of excess depreciation paid to the provider for the	45023
facility by the department for each year the ~~owner~~provider has	45024
operated the facility under a provider agreement and prorated	45025
according to the number of medicaid patient days for which the	45026
~~facility~~provider has received payment for the facility. If a	45027
nursing facility is sold after five or fewer years of operation	45028
under a provider agreement, the refund to the department shall be	45029
equal to the excess depreciation paid to the provider for the	45030
facility. If a nursing facility is sold after more than five years	45031
but less than ten years of operation under a provider agreement,	45032
the refund to the department shall equal the excess depreciation	45033
paid to the provider for the facility multiplied by twenty per	45034
cent, multiplied by the difference between ten and the number of	45035
years that the facility was operated under a provider agreement.	45036
If a nursing facility is sold after ten or more years of operation	45037
under a provider agreement, the ~~owner~~provider shall not refund	45038
any excess depreciation to the department. The ~~owner~~provider of a	45039
facility that is sold or that voluntarily terminates participation	45040
in the ~~medical assistance~~medicaid program also shall refund any	45041
other amount that the department properly finds to be due after	45042
the audit conducted under this division. For the purposes of this	45043
division, "depreciation paid to the provider for the facility"	45044
means the amount paid to the provider for the nursing facility for	45045
~~cost of ownership~~capital costs pursuant to this section less any	45046
amount paid for interest costs, amortization of financing costs,	45047
and lease expenses. For the purposes of this division, "excess	45048
depreciation" is the nursing facility's depreciated basis, which	45049
is the ~~owner's~~provider's cost less accumulated depreciation,	45050
subtracted from the purchase price net of selling costs but not	45051
exceeding the amount of depreciation paid to the provider for the	45052
facility.	45053

A cost report shall be filed with the department within	45054
ninety days after the date on which the transaction of sale is	45055
closed or participation is voluntarily terminated. The report	45056
shall show the accumulated depreciation, the sales price, and	45057
other information required by the department. The department shall	45058
provide for a bank, trust company, or savings and loan association	45059
to hold in escrow the amount of the last two monthly payments to a	45060
provider of a nursing facility made pursuant to division (A)(1) of	45061
section 5111.22 of the Revised Code before a sale or termination	45062
of participation or, if the ~~owner~~provider fails, within the time	45063
required by this division, to notify the department before	45064
entering into a contract of sale for the facility, the amount of	45065
the first two monthly payments made to the provider for the	45066
facility after the department learns of the contract, regardless	45067
of whether a new owner is in possession of the facility. If the	45068
amount the ~~owner~~provider will be required to refund under this	45069
section is likely to be less than the amount of the two monthly	45070
payments otherwise put into escrow under this division, the	45071
department shall take one of the following actions instead of	45072
withholding the amount of the two monthly payments:	45073

(1) In the case of ~~an owner~~a provider that owns other	45074
facilities that participate in the ~~medical assistance~~medicaid	45075
program, obtain a promissory note in an amount sufficient to cover	45076
the amount likely to be refunded;	45077

(2) In the case of all other ~~owners~~providers, withhold the	45078
amount of the last monthly payment to the provider for the nursing	45079
facility or, if the ~~owner~~provider fails, within the time required	45080
by this division, to notify the department before entering into a	45081
contract of sale for the facility, the amount of the first monthly	45082
payment made to the provider for the facility after the department	45083
learns of the contract, regardless of whether a new owner is in	45084
possession of the facility.	45085

The department shall, within ninety days following the filing	45086
of the cost report, audit the cost report and issue an audit	45087
report to the ~~owner~~provider. The department also may audit any	45088
other cost report that the ~~facility~~provider has filed during the	45089
previous three years for the facility. In the audit report, the	45090
department shall state its findings and the amount of any money	45091
owed to the department by the ~~nursing facility~~provider. The	45092
findings shall be subject to adjudication conducted in accordance	45093
with Chapter 119. of the Revised Code. No later than fifteen days	45094
after the ~~owner~~provider agrees to a settlement, any funds held in	45095
escrow less any amounts due to the department shall be released to	45096
the ~~owner~~provider and amounts due to the department shall be paid	45097
to the department. If the amounts in escrow are less than the	45098
amounts due to the department, the balance shall be paid to the	45099
department within fifteen days after the ~~owner~~provider agrees to	45100
a settlement. If the department does not issue its audit report	45101
within the ninety-day period, the department shall release any	45102
money held in escrow to the ~~owner~~provider. For the purposes of	45103
this section, a transfer of corporate stock, the merger of one	45104
corporation into another, or a consolidation does not constitute a	45105
sale. Also, a change of ownership, lease, or termination of a	45106
lease of real or personal property associated with a nursing	45107
facility does not constitute a sale if there is no change in the	45108
operator of the facility.	45109

If a nursing facility is not sold or its participation is not	45110
terminated after notice is provided to the department under this	45111
division, the department shall order any payments held in escrow	45112
released to the ~~facility~~provider upon receiving written notice	45113
from the ~~owner~~provider that there will be no sale or termination.	45114
After written notice is received from a ~~nursing facility~~provider	45115
that a sale or termination will not take place, the ~~facility~~	45116
provider shall provide notice to the department at least	45117
forty-five days prior to entering into any contract of sale or	45118
terminating participation at any future time.	45119

~~(H) The department shall pay each eligible proprietary~~	45120
~~nursing facility a return on the facility's net equity computed at~~	45121
~~the rate of one and one-half times the average interest rate on~~	45122
~~special issues of public debt obligations issued to the federal~~	45123
~~hospital insurance trust fund for the cost reporting period,~~	45124
~~except that no facility's return on net equity shall exceed fifty~~	45125
~~cents per patient day.~~	45126

~~When calculating the rate for return on net equity, the~~	45127
~~department shall use the greater of the facility's inpatient days~~	45128
~~during the applicable cost reporting period or the number of~~	45129
~~inpatient days the facility would have had during that period if~~	45130
~~its occupancy rate had been ninety-five per cent.~~	45131

~~(I) If a nursing facility would receive a lower rate for~~	45132
~~capital costs for assets in the facility's possession on July 1,~~	45133
~~1993, under this section than it would receive under former~~	45134
~~section 5111.25 of the Revised Code, as the former section existed~~	45135
~~immediately prior to December 22, 1992, the facility shall receive~~	45136
~~for those assets the rate it would have received under the former~~	45137
~~section for each fiscal year beginning on or after July 1, 1993,~~	45138
~~until the rate it would receive under this section exceeds the~~	45139
~~rate it would have received under the former section. Any facility~~	45140
~~that receives a rate calculated under the former section 5111.25~~	45141
~~of the Revised Code for assets in the facility's possession on~~	45142
~~July 1, 1993, also shall receive a rate calculated under this~~	45143
~~section for costs of any assets it constructs or acquires after~~	45144
~~July 1, 1993.~~	45145

Sec. 5111.251. (A) The department of job and family services	45146
shall pay a provider for each of the provider's eligible	45147
intermediate care ~~facility~~facilities for the mentally retarded	45148
for its reasonable capital costs, a per resident per day rate	45149
established prospectively each fiscal year for each intermediate	45150
care facility for the mentally retarded. Except as otherwise	45151
provided in sections 5111.20 to ~~5111.32~~5111.33 of the Revised	45152
Code, the rate shall be based on the facility's capital costs for	45153
the calendar year preceding the fiscal year in which the rate will	45154
be paid. The rate shall equal the sum of the following:	45155

(1) The facility's desk-reviewed, actual, allowable, per diem	45156
cost of ownership for the preceding cost reporting period, limited	45157
as provided in divisions (C) and (F) of this section;	45158

(2) Any efficiency incentive determined under division (B) of	45159
this section;	45160

(3) Any amounts for renovations determined under division (D)	45161
of this section;	45162

(4) Any amounts for return on equity determined under	45163
division (I) of this section.	45164

Buildings shall be depreciated using the straight line method	45165
over forty years or over a different period approved by the	45166
department. Components and equipment shall be depreciated using	45167
the straight line method over a period designated by the director	45168
of job and family services in rules adopted ~~in accordance with~~	45169
~~Chapter 119.~~under section 5111.02 of the Revised Code, consistent	45170
with the guidelines of the American hospital association, or over	45171
a different period approved by the department of job and family	45172
services. Any rules ~~adopted under~~authorized by this division that	45173
specify useful lives of buildings, components, or equipment apply	45174
only to assets acquired on or after July 1, 1993. Depreciation for	45175
costs paid or reimbursed by any government agency shall not be	45176
included in costs of ownership or renovation unless that part of	45177
the payment under sections 5111.20 to ~~5111.32~~5111.33 of the	45178
Revised Code is used to reimburse the government agency.	45179

(B) The department of job and family services shall pay to a	45180
provider for each of the provider's eligible intermediate care	45181
~~facility~~facilities for the mentally retarded an efficiency	45182
incentive equal to fifty per cent of the difference between any	45183
desk-reviewed, actual, allowable cost of ownership and the	45184
applicable limit on cost of ownership payments under division (C)	45185
of this section. For purposes of computing the efficiency	45186
incentive, depreciation for costs paid or reimbursed by any	45187
government agency shall be considered as a cost of ownership, and	45188
the applicable limit under division (C) of this section shall	45189
apply both to facilities with more than eight beds and facilities	45190
with eight or fewer beds. The efficiency incentive paid to a	45191
provider for a facility with eight or fewer beds shall not exceed	45192
three dollars per patient day, adjusted annually for the inflation	45193
rate for the twelve-month period beginning on the first day of	45194
July of the calendar year preceding the calendar year that	45195
precedes the fiscal year for which the efficiency incentive is	45196
determined and ending on the thirtieth day of the following June,	45197
using the consumer price index for shelter costs for all urban	45198
consumers for the north central region, as published by the United	45199
States bureau of labor statistics.	45200

(C) Cost of ownership payments tofor intermediate care	45201
facilities for the mentally retarded with more than eight beds	45202
shall not exceed the following limits:	45203

(1) For facilities with dates of licensure prior to January	45204
1, l958, not exceeding two dollars and fifty cents per patient	45205
day;	45206

(2) For facilities with dates of licensure after December 31,	45207
l957, but prior to January 1, l968, not exceeding:	45208

(a) Three dollars and fifty cents per patient day if the cost	45209
of construction was three thousand five hundred dollars or more	45210
per bed;	45211

(b) Two dollars and fifty cents per patient day if the cost	45212
of construction was less than three thousand five hundred dollars	45213
per bed.	45214

(3) For facilities with dates of licensure after December 31,	45215
l967, but prior to January 1, l976, not exceeding:	45216

(a) Four dollars and fifty cents per patient day if the cost	45217
of construction was five thousand one hundred fifty dollars or	45218
more per bed;	45219

(b) Three dollars and fifty cents per patient day if the cost	45220
of construction was less than five thousand one hundred fifty	45221
dollars per bed, but exceeds three thousand five hundred dollars	45222
per bed;	45223

(c) Two dollars and fifty cents per patient day if the cost	45224
of construction was three thousand five hundred dollars or less	45225
per bed.	45226

(4) For facilities with dates of licensure after December 31,	45227
l975, but prior to January 1, l979, not exceeding:	45228

(a) Five dollars and fifty cents per patient day if the cost	45229
of construction was six thousand eight hundred dollars or more per	45230
bed;	45231

(b) Four dollars and fifty cents per patient day if the cost	45232
of construction was less than six thousand eight hundred dollars	45233
per bed but exceeds five thousand one hundred fifty dollars per	45234
bed;	45235

(c) Three dollars and fifty cents per patient day if the cost	45236
of construction was five thousand one hundred fifty dollars or	45237
less per bed, but exceeds three thousand five hundred dollars per	45238
bed;	45239

(d) Two dollars and fifty cents per patient day if the cost	45240
of construction was three thousand five hundred dollars or less	45241
per bed.	45242

(5) For facilities with dates of licensure after December 31,	45243
l978, but prior to January 1, l980, not exceeding:	45244

(a) Six dollars per patient day if the cost of construction	45245
was seven thousand six hundred twenty-five dollars or more per	45246
bed;	45247

(b) Five dollars and fifty cents per patient day if the cost	45248
of construction was less than seven thousand six hundred	45249
twenty-five dollars per bed but exceeds six thousand eight hundred	45250
dollars per bed;	45251

(c) Four dollars and fifty cents per patient day if the cost	45252
of construction was six thousand eight hundred dollars or less per	45253
bed but exceeds five thousand one hundred fifty dollars per bed;	45254

(d) Three dollars and fifty cents per patient day if the cost	45255
of construction was five thousand one hundred fifty dollars or	45256
less but exceeds three thousand five hundred dollars per bed;	45257

(e) Two dollars and fifty cents per patient day if the cost	45258
of construction was three thousand five hundred dollars or less	45259
per bed.	45260

(6) For facilities with dates of licensure after December 31,	45261
1979, but prior to January 1, 1981, not exceeding:	45262

(a) Twelve dollars per patient day if the beds were	45263
originally licensed as residential facility beds by the department	45264
of mental retardation and developmental disabilities;	45265

(b) Six dollars per patient day if the beds were originally	45266
licensed as nursing home beds by the department of health.	45267

(7) For facilities with dates of licensure after December 31,	45268
1980, but prior to January 1, 1982, not exceeding:	45269

(a) Twelve dollars per patient day if the beds were	45270
originally licensed as residential facility beds by the department	45271
of mental retardation and developmental disabilities;	45272

(b) Six dollars and forty-five cents per patient day if the	45273
beds were originally licensed as nursing home beds by the	45274
department of health.	45275

(8) For facilities with dates of licensure after December 31,	45276
1981, but prior to January 1, 1983, not exceeding:	45277

(a) Twelve dollars per patient day if the beds were	45278
originally licensed as residential facility beds by the department	45279
of mental retardation and developmental disabilities;	45280

(b) Six dollars and seventy-nine cents per patient day if the	45281
beds were originally licensed as nursing home beds by the	45282
department of health.	45283

(9) For facilities with dates of licensure after December 31,	45284
1982, but prior to January 1, 1984, not exceeding:	45285

(a) Twelve dollars per patient day if the beds were	45286
originally licensed as residential facility beds by the department	45287
of mental retardation and developmental disabilities;	45288

(b) Seven dollars and nine cents per patient day if the beds	45289
were originally licensed as nursing home beds by the department of	45290
health.	45291

(10) For facilities with dates of licensure after December	45292
31, 1983, but prior to January 1, 1985, not exceeding:	45293

(a) Twelve dollars and twenty-four cents per patient day if	45294
the beds were originally licensed as residential facility beds by	45295
the department of mental retardation and developmental	45296
disabilities;	45297

(b) Seven dollars and twenty-three cents per patient day if	45298
the beds were originally licensed as nursing home beds by the	45299
department of health.	45300

(11) For facilities with dates of licensure after December	45301
31, 1984, but prior to January 1, 1986, not exceeding:	45302

(a) Twelve dollars and fifty-three cents per patient day if	45303
the beds were originally licensed as residential facility beds by	45304
the department of mental retardation and developmental	45305
disabilities;	45306

(b) Seven dollars and forty cents per patient day if the beds	45307
were originally licensed as nursing home beds by the department of	45308
health.	45309

(12) For facilities with dates of licensure after December	45310
31, 1985, but prior to January 1, 1987, not exceeding:	45311

(a) Twelve dollars and seventy cents per patient day if the	45312
beds were originally licensed as residential facility beds by the	45313
department of mental retardation and developmental disabilities;	45314

(b) Seven dollars and fifty cents per patient day if the beds	45315
were originally licensed as nursing home beds by the department of	45316
health.	45317

(13) For facilities with dates of licensure after December	45318
31, 1986, but prior to January 1, 1988, not exceeding:	45319

(a) Twelve dollars and ninety-nine cents per patient day if	45320
the beds were originally licensed as residential facility beds by	45321
the department of mental retardation and developmental	45322
disabilities;	45323

(b) Seven dollars and sixty-seven cents per patient day if	45324
the beds were originally licensed as nursing home beds by the	45325
department of health.	45326

(14) For facilities with dates of licensure after December	45327
31, 1987, but prior to January 1, 1989, not exceeding thirteen	45328
dollars and twenty-six cents per patient day;	45329

(15) For facilities with dates of licensure after December	45330
31, 1988, but prior to January 1, 1990, not exceeding thirteen	45331
dollars and forty-six cents per patient day;	45332

(16) For facilities with dates of licensure after December	45333
31, 1989, but prior to January 1, 1991, not exceeding thirteen	45334
dollars and sixty cents per patient day;	45335

(17) For facilities with dates of licensure after December	45336
31, 1990, but prior to January 1, 1992, not exceeding thirteen	45337
dollars and forty-nine cents per patient day;	45338

(18) For facilities with dates of licensure after December	45339
31, 1991, but prior to January 1, 1993, not exceeding thirteen	45340
dollars and sixty-seven cents per patient day;	45341

(19) For facilities with dates of licensure after December	45342
31, 1992, not exceeding fourteen dollars and twenty-eight cents	45343
per patient day.	45344

(D) Beginning January 1, 1981, regardless of the original	45345
date of licensure, the department of job and family services shall	45346
pay a rate for the per diem capitalized costs of renovations to	45347
intermediate care facilities for the mentally retarded made after	45348
January 1, l981, not exceeding six dollars per patient day using	45349
1980 as the base year and adjusting the amount annually until June	45350
30, 1993, for fluctuations in construction costs calculated by the	45351
department using the "Dodge building cost indexes, northeastern	45352
and north central states," published by Marshall and Swift. The	45353
payment provided for in this division is the only payment that	45354
shall be made for the capitalized costs of a nonextensive	45355
renovation of an intermediate care facility for the mentally	45356
retarded. Nonextensive renovation costs shall not be included in	45357
cost of ownership, and a nonextensive renovation shall not affect	45358
the date of licensure for purposes of division (C) of this	45359
section. This division applies to nonextensive renovations	45360
regardless of whether they are made by an owner or a lessee. If	45361
the tenancy of a lessee that has made renovations ends before the	45362
depreciation expense for the renovation costs has been fully	45363
reported, the former lessee shall not report the undepreciated	45364
balance as an expense.	45365

For a nonextensive renovation to qualify for payment under	45366
this division, both of the following conditions must be met:	45367

(1) At least five years have elapsed since the date of	45368
licensure or date of an extensive renovation of the portion of the	45369
facility that is proposed to be renovated, except that this	45370
condition does not apply if the renovation is necessary to meet	45371
the requirements of federal, state, or local statutes, ordinances,	45372
rules, or policies.	45373

(2) The provider has obtained prior approval from the	45374
department of job and family services. The provider shall submit a	45375
plan that describes in detail the changes in capital assets to be	45376
accomplished by means of the renovation and the timetable for	45377
completing the project. The time for completion of the project	45378
shall be no more than eighteen months after the renovation begins.	45379
The director of job and family services shall adopt rules in	45380
~~accordance with Chapter 119.~~under section 5111.02 of the Revised	45381
Code that specify criteria and procedures for prior approval of	45382
renovation projects. No provider shall separate a project with the	45383
intent to evade the characterization of the project as a	45384
renovation or as an extensive renovation. No provider shall	45385
increase the scope of a project after it is approved by the	45386
department of job and family services unless the increase in scope	45387
is approved by the department.	45388

(E) The amounts specified in divisions (C) and (D) of this	45389
section shall be adjusted beginning July 1, 1993, for the	45390
estimated inflation for the twelve-month period beginning on the	45391
first day of July of the calendar year preceding the calendar year	45392
that precedes the fiscal year for which rate will be paid and	45393
ending on the thirtieth day of the following June, using the	45394
consumer price index for shelter costs for all urban consumers for	45395
the north central region, as published by the United States bureau	45396
of labor statistics.	45397

(F)(1) For facilities of eight or fewer beds that have dates	45398
of licensure or have been granted project authorization by the	45399
department of mental retardation and developmental disabilities	45400
before July 1, 1993, and for facilities of eight or fewer beds	45401
that have dates of licensure or have been granted project	45402
authorization after that date if the providers of the facilities	45403
demonstrate that they made substantial commitments of funds on or	45404
before that date, cost of ownership shall not exceed eighteen	45405
dollars and thirty cents per resident per day. The eighteen-dollar	45406
and thirty-cent amount shall be increased by the change in the	45407
"Dodge building cost indexes, northeastern and north central	45408
states," published by Marshall and Swift, during the period	45409
beginning June 30, 1990, and ending July 1, 1993, and by the	45410
change in the consumer price index for shelter costs for all urban	45411
consumers for the north central region, as published by the United	45412
States bureau of labor statistics, annually thereafter.	45413

(2) For facilities with eight or fewer beds that have dates	45414
of licensure or have been granted project authorization by the	45415
department of mental retardation and developmental disabilities on	45416
or after July 1, 1993, for which substantial commitments of funds	45417
were not made before that date, cost of ownership payments shall	45418
not exceed the applicable amount calculated under division (F)(1)	45419
of this section, if the department of job and family services	45420
gives prior approval for construction of the facility. If the	45421
department does not give prior approval, cost of ownership	45422
payments shall not exceed the amount specified in division (C) of	45423
this section.	45424

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	45425
section, the total payment for cost of ownership, cost of	45426
ownership efficiency incentive, and capitalized costs of	45427
renovations for an intermediate care facility for the mentally	45428
retarded with eight or fewer beds shall not exceed the sum of the	45429
limitations specified in divisions (C) and (D) of this section.	45430

(G) Notwithstanding any provision of this section or section	45431
5111.24 of the Revised Code, the director of job and family	45432
services may adopt rules ~~in accordance with Chapter 119.~~under	45433
section 5111.02 of the Revised Code that provide for a calculation	45434
of a combined maximum payment limit for indirect care costs and	45435
cost of ownership for intermediate care facilities for the	45436
mentally retarded with eight or fewer beds.	45437

(H) After June 30, 1980, the ~~owner~~provider of an	45438
intermediate care facility for the mentally retarded ~~operating~~	45439
~~under a provider agreement~~ shall provide written notice to the	45440
department of job and family services at least forty-five days	45441
prior to entering into any contract of sale for the facility or	45442
voluntarily terminating participation in the ~~medical assistance~~	45443
medicaid program. After the date on which a transaction of sale is	45444
closed, the ~~owner~~provider shall refund to the department the	45445
amount of excess depreciation paid to the provider for the	45446
facility by the department for each year the ~~owner~~provider has	45447
operated the facility under a provider agreement and prorated	45448
according to the number of medicaid patient days for which the	45449
~~facility~~provider has received payment for the facility. If an	45450
intermediate care facility for the mentally retarded is sold after	45451
five or fewer years of operation under a provider agreement, the	45452
refund to the department shall be equal to the excess depreciation	45453
paid to the provider for the facility. If an intermediate care	45454
facility for the mentally retarded is sold after more than five	45455
years but less than ten years of operation under a provider	45456
agreement, the refund to the department shall equal the excess	45457
depreciation paid to the provider for the facility multiplied by	45458
twenty per cent, multiplied by the number of years less than ten	45459
that a facility was operated under a provider agreement. If an	45460
intermediate care facility for the mentally retarded is sold after	45461
ten or more years of operation under a provider agreement, the	45462
~~owner~~provider shall not refund any excess depreciation to the	45463
department. For the purposes of this division, "depreciation paid	45464
to the provider for the facility" means the amount paid to the	45465
provider for the intermediate care facility for the mentally	45466
retarded for cost of ownership pursuant to this section less any	45467
amount paid for interest costs. For the purposes of this division,	45468
"excess depreciation" is the intermediate care facility for the	45469
mentally retarded's depreciated basis, which is the ~~owner's~~	45470
provider's cost less accumulated depreciation, subtracted from the	45471
purchase price but not exceeding the amount of depreciation paid	45472
to the provider for the facility.	45473

A cost report shall be filed with the department within	45474
ninety days after the date on which the transaction of sale is	45475
closed or participation is voluntarily terminated for an	45476
intermediate care facility for the mentally retarded subject to	45477
this division. The report shall show the accumulated depreciation,	45478
the sales price, and other information required by the department.	45479
The department shall provide for a bank, trust company, or savings	45480
and loan association to hold in escrow the amount of the last two	45481
monthly payments to the provider of an intermediate care facility	45482
for the mentally retarded made pursuant to division (A)(1) of	45483
section 5111.22 of the Revised Code before a sale or voluntary	45484
termination of participation or, if the ~~owner~~provider fails,	45485
within the time required by this division, to notify the	45486
department before entering into a contract of sale for the	45487
facility, the amount of the first two monthly payments made to the	45488
provider for the facility after the department learns of the	45489
contract, regardless of whether a new owner is in possession of	45490
the facility. If the amount the ~~owner~~provider will be required to	45491
refund under this section is likely to be less than the amount of	45492
the two monthly payments otherwise put into escrow under this	45493
division, the department shall take one of the following actions	45494
instead of withholding the amount of the two monthly payments:	45495

(1) In the case of ~~an owner~~a provider that owns other	45496
facilities that participate in the ~~medical assistance~~medicaid	45497
program, obtain a promissory note in an amount sufficient to cover	45498
the amount likely to be refunded;	45499

(2) In the case of all other ~~owners~~providers, withhold the	45500
amount of the last monthly payment to the provider for the	45501
intermediate care facility for the mentally retarded or, if the	45502
~~owner~~provider fails, within the time required by this division,	45503
to notify the department before entering into a contract of sale	45504
for the facility, the amount of the first monthly payment made to	45505
the provider for the facility after the department learns of the	45506
contract, regardless of whether a new owner is in possession of	45507
the facility.	45508

The department shall, within ninety days following the filing	45509
of the cost report, audit the report and issue an audit report to	45510
the ~~owner~~provider. The department also may audit any other cost	45511
reports for the facility that have been filed during the previous	45512
three years. In the audit report, the department shall state its	45513
findings and the amount of any money owed to the department by the	45514
~~intermediate care facility for the mentally retarded~~provider. The	45515
findings shall be subject to an adjudication conducted in	45516
accordance with Chapter 119. of the Revised Code. No later than	45517
fifteen days after the ~~owner~~provider agrees to a settlement, any	45518
funds held in escrow less any amounts due to the department shall	45519
be released to the ~~owner~~provider and amounts due to the	45520
department shall be paid to the department. If the amounts in	45521
escrow are less than the amounts due to the department, the	45522
balance shall be paid to the department within fifteen days after	45523
the ~~owner~~provider agrees to a settlement. If the department does	45524
not issue its audit report within the ninety-day period, the	45525
department shall release any money held in escrow to the ~~owner~~	45526
provider. For the purposes of this section, a transfer of	45527
corporate stock, the merger of one corporation into another, or a	45528
consolidation does not constitute a sale. Also, a change of	45529
ownership, lease, or termination of a lease of real or personal	45530
property associated with an intermediate care facility for the	45531
mentally retarded does not constitute a sale if there is no change	45532
in the operator of the facility.	45533

If an intermediate care facility for the mentally retarded is	45534
not sold or its participation is not terminated after notice is	45535
provided to the department under this division, the department	45536
shall order any payments held in escrow released to the ~~facility~~	45537
provider upon receiving written notice from the ~~owner~~provider	45538
that there will be no sale or termination of participation. After	45539
written notice is received from ~~an intermediate care facility for~~	45540
~~the mentally retarded~~a provider that a sale or termination of	45541
participation will not take place, the ~~facility~~provider shall	45542
provide notice to the department at least forty-five days prior to	45543
entering into any contract of sale or terminating participation at	45544
any future time.	45545

(I) The department of job and family services shall pay a	45546
provider for each of the provider's eligible proprietary	45547
intermediate care ~~facility~~facilities for the mentally retarded a	45548
return on the facility's net equity computed at the rate of one	45549
and one-half times the average of interest rates on special issues	45550
of public debt obligations issued to the federal hospital	45551
insurance trust fund for the cost reporting period. No facility's	45552
return on net equity paid under this division shall exceed one	45553
dollar per patient day.	45554

In calculating the rate for return on net equity, the	45555
department shall use the greater of the facility's inpatient days	45556
during the applicable cost reporting period or the number of	45557
inpatient days the facility would have had during that period if	45558
its occupancy rate had been ninety-five per cent.	45559

(J)(1) Except as provided in division (J)(2) of this section,	45560
if a provider leases or transfers an interest in a facility to	45561
another provider who is a related party, the related party's	45562
allowable cost of ownership shall include the lesser of the	45563
following:	45564

(a) The annual lease expense or actual cost of ownership,	45565
whichever is applicable;	45566

(b) The reasonable cost to the lessor or provider making the	45567
transfer.	45568

(2) If a provider leases or transfers an interest in a	45569
facility to another provider who is a related party, regardless of	45570
the date of the lease or transfer, the related party's allowable	45571
cost of ownership shall include the annual lease expense or actual	45572
cost of ownership, whichever is applicable, subject to the	45573
limitations specified in divisions (B) to (I) of this section, if	45574
all of the following conditions are met:	45575

(a) The related party is a relative of owner;

45576

(b) In the case of a lease, if the lessor retains any	45577
ownership interest, it is, except as provided in division	45578
(J)(2)(d)(ii) of this section, in only the real property and any	45579
improvements on the real property;	45580

(c) In the case of a transfer, the provider making the	45581
transfer retains, except as provided in division (J)(2)(d)(iv) of	45582
this section, no ownership interest in the facility;	45583

(d) The department of job and family services determines that	45584
the lease or transfer is an arm's length transaction pursuant to	45585
rules ~~the department shall adopt in accordance with Chapter 119.~~	45586
adopted under section 5111.02 of the Revised Code ~~no later than~~	45587
~~December 31, 2000~~. The rules shall provide that a lease or	45588
transfer is an arm's length transaction if all of the following,	45589
as applicable, apply:	45590

(i) In the case of a lease, once the lease goes into effect,	45591
the lessor has no direct or indirect interest in the lessee or,	45592
except as provided in division (J)(2)(b) of this section, the	45593
facility itself, including interest as an owner, officer,	45594
director, employee, independent contractor, or consultant, but	45595
excluding interest as a lessor.	45596

(ii) In the case of a lease, the lessor does not reacquire an	45597
interest in the facility except through the exercise of a lessor's	45598
rights in the event of a default. If the lessor reacquires an	45599
interest in the facility in this manner, the department shall	45600
treat the facility as if the lease never occurred when the	45601
department calculates its reimbursement rates for capital costs.	45602

(iii) In the case of a transfer, once the transfer goes into	45603
effect, the provider that made the transfer has no direct or	45604
indirect interest in the provider that acquires the facility or	45605
the facility itself, including interest as an owner, officer,	45606
director, employee, independent contractor, or consultant, but	45607
excluding interest as a creditor.	45608

(iv) In the case of a transfer, the provider that made the	45609
transfer does not reacquire an interest in the facility except	45610
through the exercise of a creditor's rights in the event of a	45611
default. If the provider reacquires an interest in the facility in	45612
this manner, the department shall treat the facility as if the	45613
transfer never occurred when the department calculates its	45614
reimbursement rates for capital costs.	45615

(v) The lease or transfer satisfies any other criteria	45616
specified in the rules.	45617

(e) Except in the case of hardship caused by a catastrophic	45618
event, as determined by the department, or in the case of a lessor	45619
or provider making the transfer who is at least sixty-five years	45620
of age, not less than twenty years have elapsed since, for the	45621
same facility, allowable cost of ownership was determined most	45622
recently under this division.	45623

Sec. 5111.254. (A) The department of job and family services	45624
shall establish initial rates for a nursing facility with a first	45625
date of licensure that is on or after July 1, 2007, including a	45626
facility that replaces one or more existing facilities, or for a	45627
nursing facility with a first date of licensure before that date	45628
that was initially certified for the medicaid program on or after	45629
that date, in the following manner:	45630

(1) The rate for direct care costs shall be determined as	45631
follows:	45632

(a) If there are no cost or resident assessment data as	45633
necessary to calculate a rate under section 5111.231 of the	45634
Revised Code, the rate shall be the median cost per case-mix unit	45635
calculated under division (B)(1) of that section for the relevant	45636
peer group for the calendar year preceding the fiscal year in	45637
which the rate will be paid, multiplied by the median annual	45638
average case-mix score for the peer group for that period and by	45639
the rate of inflation estimated under division (B)(3) of that	45640
section. This rate shall be recalculated to reflect the facility's	45641
actual quarterly average case-mix score, in accordance with that	45642
section, after it submits its first quarterly assessment	45643
information that qualifies for use in calculating a case-mix score	45644
in accordance with rules authorized by division (D) of section	45645
5111.232 of the Revised Code. If the facility's first two	45646
quarterly submissions do not contain assessment information that	45647
qualifies for use in calculating a case-mix score, the department	45648
shall continue to calculate the rate using the median annual	45649
case-mix score for the peer group in lieu of an assigned quarterly	45650
case-mix score. The department shall assign a case-mix score or,	45651
if necessary, a cost per case-mix unit under division (C) of	45652
section 5111.232 of the Revised Code for any subsequent	45653
submissions that do not contain assessment information that	45654
qualifies for use in calculating a case-mix score.	45655

(b) If the facility is a replacement facility and the	45656
facility or facilities that are being replaced are in operation	45657
immediately before the replacement facility opens, the rate shall	45658
be the same as the rate for the replaced facility or facilities,	45659
proportionate to the number of beds in each replaced facility. If	45660
one or more of the replaced facilities is not in operation	45661
immediately before the replacement facility opens, its proportion	45662
shall be determined under division (A)(1)(a) of this section.	45663

(2) The rate for ancillary and support costs shall be the	45664
rate for the facility's peer group as specified in division (E) of	45665
section 5111.24 of the Revised Code.	45666

(3) The rate for capital costs shall be determined under	45667
section 5111.25 of the Revised Code using the greater of actual	45668
inpatient days or an imputed occupancy rate of eighty per cent.	45669

(4) The quality incentive payment shall be the mean payment	45670
specified in division (B) of section 5111.234 of the Revised Code.	45671

(5) The rate for taxes specified in section 5111.242 of the	45672
Revised Code shall be the median of the rate established for those	45673
taxes under that section for the facility's peer group as	45674
specified in division (E) of section 5111.24 of the Revised Code.	45675

(B) The department shall adjust the rates established under	45676
division (A) of this section at both of the following times:	45677

(1) Effective the first day of July, to reflect new rate	45678
calculations for all nursing facilities under sections 5111.20 to	45679
5111.33 of the Revised Code;	45680

(2) Following the provider's submission of the nursing	45681
facility's cost report under division (A)(1)(b) of section 5111.26	45682
of the Revised Code.	45683

The department shall pay the rate adjusted based on the cost	45684
report beginning the first day of the calendar quarter that begins	45685
more than ninety days after the department receives the cost	45686
report.	45687

Sec. 5111.255. (A) The department of job and family services	45688
shall establish initial rates for ~~a nursing facility or~~an	45689
intermediate care facility for the mentally retarded with a first	45690
date of licensure that is on or after January 1, 1993, including a	45691
facility that replaces one or more existing facilities, or for a	45692
~~nursing facility or~~an intermediate care facility for the mentally	45693
retarded with a first date of licensure before that date that was	45694
initially certified for the ~~medical assistance~~medicaid program on	45695
or after that date, in the following manner:	45696

(1) The rate for direct care costs shall be determined as	45697
follows:	45698

(a) If there are no cost or resident assessment data as	45699
necessary to calculate a rate under section 5111.23 of the Revised	45700
Code, the rate shall be the median cost per case-mix unit	45701
calculated under division (B)(1) of that section for the relevant	45702
peer group for the calendar year preceding the fiscal year in	45703
which the rate will be paid, multiplied by the median annual	45704
average case-mix score for the peer group for that period and by	45705
the rate of inflation estimated under division (B)~~(5)~~(3) of that	45706
section. This rate shall be recalculated to reflect the facility's	45707
actual quarterly average case-mix score, in accordance with that	45708
section, after it submits its first quarterly assessment	45709
information that qualifies for use in calculating a case-mix score	45710
in accordance with rules ~~adopted under~~authorized by division (D)	45711
of section ~~5111.231~~5111.232 of the Revised Code. If the	45712
facility's first two quarterly submissions do not contain	45713
assessment information that qualifies for use in calculating a	45714
case-mix score, the department shall continue to calculate the	45715
rate using the median annual case-mix score for the peer group in	45716
lieu of an assigned quarterly case-mix score. The department shall	45717
assign a case-mix score or, if necessary, a cost per case-mix unit	45718
under division (C) of section ~~5111.231~~5111.232 of the Revised	45719
Code for any subsequent submissions that do not contain assessment	45720
information that qualifies for use in calculating a case-mix	45721
score.	45722

(b) If the facility is a replacement facility and the	45723
facility or facilities that are being replaced are in operation	45724
immediately before the replacement facility opens, the rate shall	45725
be the same as the rate for the replaced facility or facilities,	45726
proportionate to the number of beds in each replaced facility. If	45727
one or more of the replaced facilities is not in operation	45728
immediately before the replacement facility opens, its proportion	45729
shall be determined under division (A)(1)(a) of this section.	45730

(2) The rate for other protected costs shall be one hundred	45731
fifteen per cent of the median rate for ~~the applicable type of~~	45732
~~facility~~intermediate care facilities for the mentally retarded	45733
calculated for the fiscal year under section 5111.235 of the	45734
Revised Code.	45735

(3) The rate for indirect care costs shall be the applicable	45736
maximum rate for the facility's peer group as specified in	45737
division (B) of section ~~5111.24 or division (B) of section~~	45738
5111.241 of the Revised Code.	45739

(4) The rate for capital costs shall be determined under	45740
section ~~5111.25 or~~ 5111.251 of the Revised Code using the greater	45741
of actual inpatient days or an imputed occupancy rate of eighty	45742
per cent.	45743

(B) The department shall adjust the rates established under	45744
division (A) of this section at both of the following times:	45745

(1) Effective the first day of July, to reflect new rate	45746
calculations for all facilities under sections ~~5111.23~~5111.20 to	45747
~~5111.25 and 5111.251~~5111.33 of the Revised Code;	45748

(2) Following the ~~facility's~~provider's submission of ~~its~~the	45749
facility's cost report under division (A)(1)(b) of section 5111.26	45750
of the Revised Code.	45751

The department shall pay the rate adjusted based on the cost	45752
report beginning the first day of the calendar quarter that begins	45753
more than ninety days after the department receives the cost	45754
report.	45755

Sec. 5111.256. (A) This section applies to a nursing	45756
facility that undergoes a change of provider that the department	45757
of job and family services determines, in accordance with rules	45758
adopted under section 5111.02 of the Revised Code, is an arm's	45759
length transaction.	45760

(B) Except as provided in division (C) of this section, the	45761
department of job and family services shall pay an eligible	45762
nursing facility that undergoes a change of provider the same rate	45763
as the facility received on the day before the change of provider.	45764

(C) The rate for capital costs for a nursing facility that	45765
undergoes a change of provider shall be determined under section	45766
5111.25 of the Revised Code using projected capital costs if the	45767
new provider provides the department the projected capital costs.	45768

(D) The department shall adjust the rates established under	45769
this section at both of the following times:	45770

(1) Effective the first day of July, to reflect new rate	45771
calculations for all nursing facilities under sections 5111.20 to	45772
5111.33 of the Revised Code;	45773

(2) Following the nursing facility's submission of its cost	45774
report under division (A)(1)(b) of section 5111.26 of the Revised	45775
Code.	45776

The department shall pay the rate adjusted based on the cost	45777
report beginning the first day of the calendar quarter that begins	45778
more than ninety days after the department receives the cost	45779
report.	45780

Sec. 5111.257. If a provider of a nursing facility adds or	45781
replaces one or more medicaid certified beds to or at the nursing	45782
facility, or renovates one or more of the nursing facility's beds	45783
at a cost of twenty-six thousand dollars or more per bed, the rate	45784
for the added, replaced, or renovated beds shall be the same as	45785
the rate for the nursing facility's existing beds, except that the	45786
department of job and family services shall calculate the rate for	45787
capital costs under section 5111.25 of the Revised Code using	45788
projected capital costs for the added, replaced, or renovated beds	45789
if the provider provides the department the projected capital	45790
costs.	45791

~~Sec. 5111.257.~~ Sec. 5111.258. (A) Notwithstanding sections	45792
~~5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 5111.251,~~	45793
~~and 5111.255~~5111.20 to 5111.33 of the Revised Code, the director	45794
of job and family services shall adopt rules ~~in accordance with~~	45795
~~Chapter 119.~~under section 5111.02 of the Revised Code that	45796
establish a methodology for calculating the prospective rates ~~for~~	45797
~~direct care costs, other protected costs, indirect care costs, and~~	45798
~~capital costs~~ that will be paid each fiscal year to a provider for	45799
each of the provider's eligible nursing facilities and	45800
intermediate care facilities for the mentally retarded, and	45801
discrete units of the provider's nursing facilities or	45802
intermediate care facilities for the mentally retarded, that serve	45803
residents who have diagnoses or special care needs that require	45804
direct care resources that are not measured adequately by the	45805
applicable assessment instrument specified in rules ~~adopted under~~	45806
authorized by section ~~5111.231~~5111.232 of the Revised Code, or	45807
who have diagnoses or special care needs specified in the rules as	45808
otherwise qualifying for consideration under this section. The	45809
facilities and units of facilities whose rates are established	45810
under this division may include, but shall not be limited to, any	45811
of the following:	45812

(1) In the case of nursing facilities, facilities and units	45813
of facilities that serve medically fragile pediatric residents,	45814
residents who are dependent on ventilators, or residents who have	45815
severe traumatic brain injury, end-stage Alzheimer's disease, or	45816
end-stage acquired immunodeficiency syndrome;	45817

(2) In the case of intermediate care facilities for the	45818
mentally retarded, facilities and units of facilities that serve	45819
residents who have complex medical conditions or severe behavioral	45820
problems.	45821

The department shall use the methodology established under	45822
this division to pay for services rendered by such facilities and	45823
units after June 30, 1993.	45824

The rules ~~adopted under~~authorized by this division shall	45825
specify the criteria and procedures the department will apply when	45826
designating facilities and units that qualify for calculation of	45827
rates under this division. The criteria shall include	45828
consideration of whether all of the allowable costs of the	45829
facility or unit would be paid by rates established under sections	45830
~~5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 5111.251,~~	45831
~~and 5111.255~~5111.20 to 5111.33 of the Revised Code, and shall	45832
establish a minimum bed size for a facility or unit to qualify to	45833
have its rates established under this division. The criteria shall	45834
not be designed to require that residents be served only in	45835
facilities located in large cities. The methodology established by	45836
the rules shall consider the historical costs of providing care to	45837
the residents of the facilities or units.	45838

The rules may require that a facility designated under this	45839
division or containing a unit designated under this division	45840
receive authorization from the department to admit or retain a	45841
resident to the facility or unit and shall specify the criteria	45842
and procedures the department will apply when granting that	45843
authorization.	45844

Notwithstanding any other provision of sections 5111.20 to	45845
~~5111.32~~5111.33 of the Revised Code, the costs incurred by	45846
facilities or units whose rates are established under this	45847
division shall not be considered in establishing payment rates for	45848
other facilities or units.	45849

(B) The director may adopt rules ~~in accordance with Chapter~~	45850
~~119.~~under section 5111.02 of the Revised Code under which the	45851
department, notwithstanding any other provision of sections	45852
5111.20 to ~~5111.32~~5111.33 of the Revised Code, may adjust the	45853
rates determined under sections ~~5111.23~~5111.20 to ~~5111.255~~	45854
5111.33 of the Revised Code for a facility that serves a resident	45855
who has a diagnosis or special care need that, in the rules	45856
~~adopted under~~authorized by division (A) of this section, would	45857
qualify a facility or unit of a facility to have its rate	45858
determined under that division, but who is not in such a unit. The	45859
rules may require that a facility that qualifies for a rate	45860
adjustment under this division receive authorization from the	45861
department to admit or retain a resident who qualifies the	45862
facility for the rate adjustment and shall specify the criteria	45863
and procedures the department will apply when granting that	45864
authorization.	45865

Sec. 5111.26. (A)(1)(a) Except as provided in division	45866
(A)(1)(b) of this section, each ~~nursing facility and intermediate~~	45867
~~care facility for the mentally retarded~~provider shall file with	45868
the department of job and family services an annual cost report	45869
~~prepared~~for each of the provider's nursing facilities and	45870
intermediate care facilities for the mentally retarded that	45871
participate in the medicaid program. A provider shall prepare the	45872
reports in accordance with guidelines established by the	45873
department. ~~The~~A report shall cover a calendar year or the	45874
portion of a calendar year during which the facility participated	45875
in the ~~medical assistance~~medicaid program. ~~All facilities~~A	45876
provider shall file the reports within ninety days after the end	45877
of the calendar year. The department, for good cause, may grant a	45878
fourteen-day extension of the time for filing cost reports upon	45879
written request from a ~~facility~~provider. The director of job and	45880
family services shall prescribe, in rules adopted ~~in accordance~~	45881
~~with Chapter 119.~~under section 5111.02 of the Revised Code, the	45882
cost reporting form and a uniform chart of accounts for the	45883
purpose of cost reporting, and shall distribute cost reporting	45884
forms or computer software for electronic submission of the cost	45885
report to each ~~nursing facility and intermediate care facility for~~	45886
~~the mentally retarded~~provider at least sixty days before the	45887
~~facility's~~ reporting date.	45888

(b) ~~A facility for which~~If rates ~~are~~for a provider's	45889
nursing facility or intermediate care facility for the mentally	45890
retarded were most recently established under section 5111.254 or	45891
5111.255 of the Revised Code, the provider shall submit a cost	45892
report for that facility no later than ninety days after the end	45893
of the facility's first three full calendar months of operation. A	45894
The provider of a facility that opens after the first day of	45895
October in any calendar year is not required to file a cost report	45896
for that calendar year. If rates for a provider's nursing facility	45897
were most recently established under section 5111.256 of the	45898
Revised Code, the provider shall submit a cost report for that	45899
facility not later than ninety days after the end of the	45900
facility's first three full calendar months of operation after the	45901
change of provider.	45902

(c) If a nursing facility undergoes a change of provider that	45903
the department determines, in accordance with rules adopted under	45904
section 5111.02 of the Revised Code, is not an arms length	45905
transaction, the new provider shall file a cost report under	45906
division (A)(1)(a) of this section for the facility. The cost	45907
report shall cover the portion of the calendar year during which	45908
the new provider operated the nursing facility and the portion of	45909
the calendar year during which the previous provider operated the	45910
nursing facility.	45911

(2) If a ~~nursing facility or intermediate care facility for~~	45912
~~the mentally retarded~~provider required to submit a cost ~~reports~~	45913
report for a nursing facility or intermediate care facility for	45914
the mentally retarded does not file the ~~reports~~report within the	45915
required time ~~periods~~period or within fourteen days thereafter if	45916
an extension is granted under division (A)(1)(a) of this section,	45917
or files an incomplete or inadequate report for the facility, the	45918
department shall provide immediate written notice to the ~~facility~~	45919
provider that ~~its~~the provider agreement for the facility will be	45920
terminated in thirty days unless the ~~facility~~provider submits a	45921
complete and adequate cost report for the facility within thirty	45922
days. During the thirty-day termination period or any additional	45923
time allowed for an appeal of the proposed termination of a	45924
provider agreement, the ~~facility~~provider shall be paid ~~its~~the	45925
facility's then current per resident per day rate, minus two	45926
dollars. On July 1, 1994, the department shall adjust the	45927
two-dollar reduction to reflect the rate of inflation during the	45928
preceding twelve months, as shown in the consumer price index for	45929
all items for all urban consumers for the north central region,	45930
published by the United States bureau of labor statistics. On July	45931
1, 1995, and the first day of July of each year thereafter, the	45932
department shall adjust the amount of the reduction in effect	45933
during the previous twelve months to reflect the rate of inflation	45934
during the preceding twelve months, as shown in the same index.	45935

(B) No ~~nursing facility or intermediate care facility for the~~	45936
~~mentally retarded~~provider shall report fines paid under sections	45937
5111.35 to 5111.62 or section 5111.99 of the Revised Code in any	45938
cost report filed under this section.	45939

(C) The department shall develop an addendum to the cost	45940
report form that a ~~nursing facility or intermediate care facility~~	45941
~~for the mentally retarded~~provider may use to set forth costs that	45942
the ~~facility~~provider believes may be disputed by the department.	45943
Any costs reported by the ~~facility~~provider on the addendum may be	45944
considered by the department in setting the facility's rate. If	45945
the department does not consider the costs listed on the addendum	45946
in setting the facility's rate, the ~~facility~~provider may seek	45947
reconsideration of that determination under section 5111.29 of the	45948
Revised Code. If the department subsequently includes the costs	45949
listed in the addendum in the facility's rate, the department	45950
shall pay the ~~facility~~provider interest at a reasonable rate	45951
established in rules adopted ~~in accordance with Chapter 119.~~under	45952
section 5111.02 of the Revised Code for the time that the rate	45953
paid excluded the costs.	45954

Sec. 5111.261. Except as otherwise provided in ~~sections~~	45955
~~5111.262 to~~section 5111.264 of the Revised Code, the department	45956
of job and family services, in determining whether an intermediate	45957
care facility for the mentally retarded's direct care costs and	45958
indirect care costs are allowable, shall place no limit on	45959
specific categories of reasonable costs other than compensation of	45960
owners, compensation of relatives of owners, compensation of	45961
administrators and costs for resident meals that are prepared and	45962
consumed outside the facility.	45963

Compensation cost limits for owners and relatives of owners	45964
shall be based on compensation costs for individuals who hold	45965
comparable positions but who are not owners or relatives of	45966
owners, as reported on facility cost reports. As used in this	45967
section, "comparable position" means the position that is held by	45968
the owner or the owner's relative, if that position is listed	45969
separately on the cost report form, or if the position is not	45970
listed separately, the group of positions that is listed on the	45971
cost report form and that includes the position held by the owner	45972
or the owner's relative. In the case of an owner or owner's	45973
relative who serves the facility in a capacity such as corporate	45974
officer, proprietor, or partner for which no comparable position	45975
or group of positions is listed on the cost report form, the	45976
compensation cost limit shall be based on civil service	45977
equivalents and shall be specified in rules adopted ~~by the~~	45978
~~director of job and family services in accordance with Chapter~~	45979
~~119.~~under section 5111.02 of the Revised Code.	45980

Compensation cost limits for administrators shall be based on	45981
compensation costs for administrators who are not owners or	45982
relatives of owners, as reported on facility cost reports.	45983
Compensation cost limits for administrators of four or more	45984
intermediate care facilities for the mentally retarded shall be	45985
the same as the limits for administrators of ~~nursing facilities or~~	45986
intermediate care facilities for the mentally retarded with one	45987
hundred fifty or more beds.	45988

~~For nursing facilities, cost limits for resident meals that~~	45989
~~are prepared and consumed outside the facility shall be based on~~	45990
~~the statewide average cost of serving and preparing meals in all~~	45991
~~nursing facilities, as reported on the facility cost reports. For~~	45992
~~intermediate care facilities for the mentally retarded, cost~~	45993
~~limits for resident meals that are prepared and consumed outside~~	45994
~~the facility shall be based on the statewide average cost of~~	45995
~~serving and preparing meals in all intermediate care facilities~~	45996
~~for the mentally retarded, as reported on the facility cost~~	45997
~~reports.~~	45998

Sec. 5111.262. Except as otherwise provided in sections	45999
5111.263 and 5111.264 of the Revised Code, the department of job	46000
and family services, in determining whether a nursing facility's	46001
direct care costs and ancillary and support costs are allowable,	46002
shall place no limit on specific categories of reasonable costs.	46003

Sec. 5111.263. (A) As used in this section, "covered therapy	46004
services" means physical therapy, occupational therapy, audiology,	46005
and speech therapy services that are provided by appropriately	46006
licensed therapists or therapy assistants and that are covered for	46007
nursing facility residents either by the medicare program	46008
established under Title XVIII of the "Social Security Act," 49	46009
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, or the ~~medical~~	46010
~~assistance~~medicaid program as specified in rules adopted by the	46011
director of job and family services ~~in accordance with Chapter~~	46012
~~119.~~under section 5111.02 of the Revised Code.	46013

(B) Except as provided in division (G) of this section, the	46014
costs of therapy are not allowable costs for nursing facilities	46015
for the purpose of determining rates under sections ~~5111.23,~~	46016
~~5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 5111.251,~~	46017
~~5111.255, and 5111.257~~5111.20 to 5111.33 of the Revised Code.	46018

(C) The department of job and family services shall process	46019
no claims for payment under the ~~medical assistance~~medicaid	46020
program for covered therapy services rendered to a resident of a	46021
nursing facility other than such claims submitted, in accordance	46022
with this section, by a nursing facility that has a valid provider	46023
agreement with the department.	46024

(D) ~~Nursing~~Providers of nursing facilities ~~that have entered~~	46025
~~into a provider agreement~~ may bill the department of job and	46026
family services for covered therapy services ~~it provides~~the	46027
nursing facilities provide to residents of any nursing facility	46028
who are medicaid recipients ~~of the medical assistance program~~ and	46029
not eligible for the medicare program.	46030

(E) The department shall not process any claim for a covered	46031
therapy service provided to a nursing facility resident who is	46032
eligible for the medicare program unless the claim is for a	46033
copayment or deductible or the conditions in division (E)(1) or	46034
(2) of this section apply:	46035

(1) The covered therapy service provided is, under the	46036
federal statutes, regulations, or policies governing the medicare	46037
program, not covered by the medicare program and the service is,	46038
under the provisions of this chapter or the rules adopted under	46039
this chapter, covered by the ~~medical assistance~~medicaid program.	46040

(2) All of the following apply:

46041

(a) The individual or entity who provided the covered therapy	46042
service was eligible to bill the medicare program for the service.	46043

(b) A complete, accurate, and timely claim was submitted to	46044
the medicare program and the program denied payment for the	46045
service as not medically necessary for the resident. For the	46046
purposes of division (E)(2)(b) of this section, a claim is not	46047
considered to have been denied by the medicare program until	46048
either a denial has been issued following a medicare fair hearing	46049
or six months have elapsed since the request for a fair hearing	46050
was filed.	46051

(c) The facility is required to provide or arrange for the	46052
provision of the service by a licensed therapist or therapy	46053
assistant to be in compliance with federal or state nursing	46054
facility certification requirements for the ~~medical assistance~~	46055
medicaid program.	46056

(d) The claim for payment for the services under the ~~medical~~	46057
~~assistance~~medicaid program is accompanied by documentation that	46058
divisions (E)(2)(b) and (c) of this section apply to the service.	46059

(F) The reimbursement allowed by the department for covered	46060
therapy services provided to nursing facility residents and billed	46061
under division (D) or (E) of this section shall be fifteen per	46062
cent less than the fees it pays for the same services rendered to	46063
hospital outpatients. The director may adopt rules ~~in accordance~~	46064
~~with Chapter 119.~~under section 5111.02 of the Revised Code	46065
establishing comparable fees for covered therapy services that are	46066
not included in its schedule of fees paid for services rendered to	46067
hospital outpatients.	46068

(G) A nursing facility's reasonable costs for rehabilitative,	46069
restorative, or maintenance therapy services rendered to facility	46070
residents by nurses or nurse aides, and the facility's overhead	46071
costs to support provision of therapy services provided to nursing	46072
facility residents, are allowable costs for the purposes of	46073
establishing rates under sections ~~5111.23, 5111.231, 5111.235,~~	46074
~~5111.24, 5111.241, 5111.25, 5111.251, 5111.255, and 5111.257~~	46075
5111.20 to 5111.33 of the Revised Code.	46076

Sec. 5111.264. Except as provided in section 5111.25 or	46077
~~5111.264~~5111.251 of the Revised Code, the costs of goods,	46078
services, and facilities, furnished to a provider by a related	46079
party are includable in the allowable costs of the provider at the	46080
reasonable cost to the related party.	46081

Sec. 5111.265. If one or more medicaid-certified beds are	46082
relocated from one nursing facility to another nursing facility	46083
owned by a different person or government entity and the	46084
application for the certificate of need authorizing the relocation	46085
is filed with the director of health on or after the effective	46086
date of this section, amortization of the cost of acquiring	46087
operating rights for the relocated beds is not an allowable cost	46088
for the purpose of determining the nursing facility's medicaid	46089
reimbursement rate.	46090

Sec. 5111.266. As used in this section, "franchise permit	46091
fee" means the fee imposed by sections 3721.50 to 3721.58 of the	46092
Revised Code.	46093

A provider of a nursing facility filing the facility's cost	46094
report with the department of job and family services under	46095
section 5111.26 of the Revised Code shall report as a	46096
nonreimbursable expense the cost of the nursing facility's	46097
franchise permit fee.	46098

Sec. 5111.27. (A) The department of job and family services	46099
shall conduct a desk review of each cost report it receives under	46100
section 5111.26 of the Revised Code. Based on the desk review, the	46101
department shall make a preliminary determination of whether the	46102
reported costs are allowable costs. The department shall notify	46103
each ~~nursing facility and intermediate care facility for the~~	46104
~~mentally retarded~~provider of whether any of ~~its~~the reported	46105
costs are preliminarily determined not to be allowable, the rate	46106
calculation under sections ~~5111.23~~5111.20 to ~~5111.257~~5111.33 of	46107
the Revised Code that results from that determination, and the	46108
reasons for the determination and resulting rate. The department	46109
shall allow the ~~facility~~provider to verify the calculation and	46110
submit additional information.	46111

(B) The department may conduct an audit, as defined by rule	46112
adopted ~~by the director of job and family services in accordance~~	46113
~~with Chapter 119.~~under section 5111.02 of the Revised Code, of	46114
any cost report and shall notify the ~~nursing facility or~~	46115
~~intermediate care facility for the mentally retarded~~provider of	46116
its findings.	46117

Audits shall be conducted by auditors under contract with or	46118
employed by the department. The decision whether to conduct an	46119
audit and the scope of the audit, which may be a desk or field	46120
audit, shall be determined based on prior performance of the	46121
provider and may be based on a risk analysis or other evidence	46122
that gives the department reason to believe that the provider has	46123
reported costs improperly. A desk or field audit may be performed	46124
annually, but is required whenever a provider does not pass the	46125
risk analysis tolerance factors. The department shall issue the	46126
audit report no later than three years after the cost report is	46127
filed, or upon the completion of a desk or field audit on the	46128
report or a report for a subsequent cost reporting period,	46129
whichever is earlier. During the time within which the department	46130
may issue an audit report, the provider may amend the cost report	46131
upon discovery of a material error or material additional	46132
information. The department shall review the amended cost report	46133
for accuracy and notify the provider of its determination.	46134

The department may establish a contract for the auditing of	46135
facilities by outside firms. Each contract entered into by bidding	46136
shall be effective for one to two years. The department shall	46137
establish an audit manual and program which shall require that all	46138
field audits, conducted either pursuant to a contract or by	46139
department employees:	46140

(1) Comply with the applicable rules prescribed pursuant to	46141
Titles XVIII and XIX of the "Social Security Act," 49 Stat. 620	46142
(1935), 42 U.S.C.A. 301, as amended;	46143

(2) Consider generally accepted auditing standards prescribed	46144
by the American institute of certified public accountants;	46145

(3) Include a written summary as to whether the costs	46146
included in the report examined during the audit are allowable and	46147
are presented fairly in accordance with generally accepted	46148
accounting principles and department rules, and whether, in all	46149
material respects, allowable costs are documented, reasonable, and	46150
related to patient care;	46151

(4) Are conducted by accounting firms or auditors who, during	46152
the period of the auditors' professional engagement or employment	46153
and during the period covered by the cost reports, do not have nor	46154
are committed to acquire any direct or indirect financial interest	46155
in the ownership, financing, or operation of a nursing facility or	46156
intermediate care facility for the mentally retarded in this	46157
state;	46158

(5) Are conducted by accounting firms or auditors who, as a	46159
condition of the contract or employment, shall not audit any	46160
facility that has been a client of the firm or auditor;	46161

(6) Are conducted by auditors who are otherwise independent	46162
as determined by the standards of independence established by the	46163
American institute of certified public accountants;	46164

(7) Are completed within the time period specified by the	46165
department;	46166

(8) Provide to the ~~nursing facility or intermediate care~~	46167
~~facility for the mentally retarded~~provider complete written	46168
interpretations that explain in detail the application of all	46169
relevant contract provisions, regulations, auditing standards,	46170
rate formulae, and departmental policies, with explanations and	46171
examples, that are sufficient to permit the ~~facility~~provider to	46172
calculate with reasonable certainty those costs that are allowable	46173
and the rate to which the provider's facility is entitled.	46174

For the purposes of division (B)(4) of this section,	46175
employment of a member of an auditor's family by a nursing	46176
facility or intermediate care facility for the mentally retarded	46177
that the auditor does not review does not constitute a direct or	46178
indirect financial interest in the ownership, financing, or	46179
operation of the facility.	46180

(C) The department, pursuant to rules adopted ~~in accordance~~	46181
~~with Chapter 119.~~under section 5111.02 of the Revised Code, may	46182
conduct an exception review of assessment information submitted	46183
under section ~~5111.231~~5111.232 of the Revised Code. The	46184
department may conduct an exception review based on the findings	46185
of a certification survey conducted by the department of health, a	46186
risk analysis, or prior performance of the provider.	46187

Exception reviews shall be conducted at the facility by	46188
appropriate health professionals under contract with or employed	46189
by the department of job and family services. The professionals	46190
may review resident assessment forms and supporting documentation,	46191
conduct interviews, and observe residents to identify any patterns	46192
or trends of inaccurate assessments and resulting inaccurate	46193
case-mix scores.	46194

The rules shall establish an exception review program that	46195
requires that exception reviews do all of the following:	46196

(1) Comply with Titles XVIII and XIX of the "Social Security	46197
Act";	46198

(2) Provide a written summary that states whether the	46199
resident assessment forms have been completed accurately;	46200

(3) Are conducted by health professionals who, during the	46201
period of their professional engagement or employment with the	46202
department, neither have nor are committed to acquire any direct	46203
or indirect financial interest in the ownership, financing, or	46204
operation of a nursing facility or intermediate care facility for	46205
the mentally retarded in this state;	46206

(4) Are conducted by health professionals who, as a condition	46207
of their engagement or employment with the department, shall not	46208
review any ~~facility~~provider that has been a client of the	46209
professional.	46210

For the purposes of division (C)(3) of this section,	46211
employment of a member of a health professional's family by a	46212
nursing facility or intermediate care facility for the mentally	46213
retarded that the professional does not review does not constitute	46214
a direct or indirect financial interest in the ownership,	46215
financing, or operation of the facility.	46216

If an exception review is conducted before the effective date	46217
of the rate that is based on the case-mix information subject to	46218
the review and the review results in findings that exceed	46219
tolerance levels specified in the rules adopted under this	46220
division, the department, in accordance with those rules, may use	46221
the findings to recalculate individual resident case-mix scores,	46222
quarterly average facility case-mix scores, and annual average	46223
facility case-mix scores. The department may use the recalculated	46224
quarterly and annual facility average case-mix scores to calculate	46225
the facility's rate for direct care costs for the appropriate	46226
calendar quarter or quarters.	46227

(D) The department shall prepare a written summary of any	46228
audit disallowance or exception review finding that is made after	46229
the effective date of the rate that is based on the cost or	46230
case-mix information. Where the ~~facility~~provider is pursuing	46231
judicial or administrative remedies in good faith regarding the	46232
disallowance or finding, the department shall not withhold from	46233
the ~~facility's~~provider's current payments any amounts the	46234
department claims to be due from the ~~facility~~provider pursuant to	46235
section 5111.28 of the Revised Code.	46236

(E) The department shall not reduce rates calculated under	46237
sections ~~5111.23~~5111.20 to ~~5111.28~~5111.33 of the Revised Code on	46238
the basis that the ~~facility~~provider charges a lower rate to any	46239
resident who is not eligible for the ~~medical assistance~~medicaid	46240
program.	46241

(F) The department shall adjust the rates calculated under	46242
sections ~~5111.23~~5111.20 to ~~5111.28~~5111.33 of the Revised Code to	46243
account for reasonable additional costs that must be incurred by	46244
nursing facilities and intermediate care facilities for the	46245
mentally retarded to comply with requirements of federal or state	46246
statutes, rules, or policies enacted or amended after January 1,	46247
1992, or with orders issued by state or local fire authorities.	46248

Sec. 5111.28. (A) If a provider properly amends its cost	46249
report under section 5111.27 of the Revised Code and the amended	46250
report shows that the provider received a lower rate under the	46251
original cost report than it was entitled to receive, the	46252
department of job and family services shall adjust the provider's	46253
rate prospectively to reflect the corrected information. The	46254
department shall pay the adjusted rate beginning two months after	46255
the first day of the month after the provider files the amended	46256
cost report. If the department finds, from an exception review of	46257
resident assessment information conducted after the effective date	46258
of the rate for direct care costs that is based on the assessment	46259
information, that inaccurate assessment information resulted in	46260
the provider receiving a lower rate than it was entitled to	46261
receive, the department prospectively shall adjust the provider's	46262
rate accordingly and shall make payments using the adjusted rate	46263
for the remainder of the calendar quarter for which the assessment	46264
information is used to determine the rate, beginning one month	46265
after the first day of the month after the exception review is	46266
completed.	46267

(B) If the provider properly amends its cost report under	46268
section 5111.27 of the Revised Code, the department makes a	46269
finding based on an audit under that section, or the department	46270
makes a finding based on an exception review of resident	46271
assessment information conducted under that section after the	46272
effective date of the rate for direct care costs that is based on	46273
the assessment information, any of which results in a	46274
determination that the provider has received a higher rate than it	46275
was entitled to receive, the department shall recalculate the	46276
provider's rate using the revised information. The department	46277
shall apply the recalculated rate to the periods when the provider	46278
received the incorrect rate to determine the amount of the	46279
overpayment. The provider shall refund the amount of the	46280
overpayment.	46281

In addition to requiring a refund under this division, the	46282
department may charge the provider interest at the applicable rate	46283
specified in this division from the time the overpayment was made.	46284

(1) If the overpayment resulted from costs reported for	46285
calendar year 1993, the interest shall be no greater than one and	46286
one-half times the average bank prime rate.	46287

(2) If the overpayment resulted from costs reported for	46288
subsequent calendar years:	46289

(a) The interest shall be no greater than two times the	46290
average bank prime rate if the overpayment was equal to or less	46291
than one per cent of the total medicaid payments to the provider	46292
for the fiscal year for which the incorrect information was used	46293
to establish a rate.	46294

(b) The interest shall be no greater than two and one-half	46295
times the current average bank prime rate if the overpayment was	46296
greater than one per cent of the total medicaid payments to the	46297
provider for the fiscal year for which the incorrect information	46298
was used to establish a rate.	46299

46300

(1) If a provider does not furnish invoices or other	46301
documentation that the department requests during an audit within	46302
sixty days after the request, no more than the greater of one	46303
thousand dollars per audit or twenty-five per cent of the	46304
cumulative amount by which the costs for which documentation was	46305
not furnished increased the total medicaid payments to the	46306
provider during the fiscal year for which the costs were used to	46307
establish a rate;	46308

(2) If an owner fails to provide notice of sale of the	46309
facility or voluntary termination of participation in the ~~medical~~	46310
~~assistance~~medicaid program, as required by section 5111.25 or	46311
5111.251 of the Revised Code, no more than the current average	46312
bank prime rate plus four per cent of the last two monthly	46313
payments.	46314

(D) If the provider continues to participate in the ~~medical~~	46315
~~assistance~~medicaid program, the department shall deduct any	46316
amount that the provider is required to refund under this section,	46317
and the amount of any interest charged or penalty imposed under	46318
this section, from the next available payment from the department	46319
to the provider. The department and the provider may enter into an	46320
agreement under which the amount, together with interest, is	46321
deducted in installments from payments from the department to the	46322
provider.	46323

(E) The department shall transmit refunds and penalties to	46324
the treasurer of state for deposit in the general revenue fund.	46325

(F) For the purpose of this section, the department shall	46326
determine the average bank prime rate using statistical release	46327
H.15, "selected interest rates," a weekly publication of the	46328
federal reserve board, or any successor publication. If	46329
statistical release H.15, or its successor, ceases to contain the	46330
bank prime rate information or ceases to be published, the	46331
department shall request a written statement of the average bank	46332
prime rate from the federal reserve bank of Cleveland or the	46333
federal reserve board.	46334

Sec. 5111.29. (A) The director of job and family services	46335
shall adopt rules ~~in accordance with Chapter 119.~~under section	46336
5111.02 of the Revised Code that establish a process under which a	46337
~~nursing facility or intermediate care facility for the mentally~~	46338
~~retarded~~provider, or a group or association of ~~facilities~~	46339
providers, may seek reconsideration of rates established under	46340
sections ~~5111.23~~5111.20 to ~~5111.28~~5111.33 of the Revised Code,	46341
including a rate for direct care costs recalculated before the	46342
effective date of the rate as a result of an exception review of	46343
resident assessment information conducted under section 5111.27 of	46344
the Revised Code.	46345

(1) Except as provided in divisions (A)(2) to (4) of this	46346
section, the only issue that a ~~facility~~provider, group, or	46347
association may raise in the rate reconsideration shall be whether	46348
the rate was calculated in accordance with sections ~~5111.23~~	46349
5111.20 to ~~5111.28~~5111.33 of the Revised Code and the rules	46350
adopted under ~~those sections~~section 5111.02 of the Revised Code.	46351
The rules shall permit a ~~facility~~provider, group, or association	46352
to submit written arguments or other materials that support its	46353
position. The rules shall specify time frames within which the	46354
~~facility~~provider, group, or association and the department must	46355
act. If the department determines, as a result of the rate	46356
reconsideration, that the rate established for one or more	46357
facilities of a provider is less than the rate to which itthe	46358
facility is entitled, the department shall increase the rate. If	46359
the department has paid the incorrect rate for a period of time,	46360
the department shall pay the ~~facility~~provider the difference	46361
between the amount itthe provider was paid for that period for	46362
the facility and the amount itthe provider should have been paid	46363
for the facility.	46364

(2) The rules shall provide that during a fiscal year, the	46365
department, by means of the rate reconsideration process, may	46366
increase a facility's rate as calculated under sections ~~5111.23~~	46367
5111.20 to ~~5111.28~~5111.33 of the Revised Code if the provider of	46368
the facility demonstrates that ~~its~~the facility's actual,	46369
allowable costs have increased because of extreme circumstances. A	46370
facility may qualify for a rate increase only if ~~its~~the	46371
facility's per diem, actual, allowable costs have increased to a	46372
level that exceeds its total rate, including any efficiency or	46373
quality incentive and return on equity payment. The rules shall	46374
specify the circumstances that would justify a rate increase under	46375
division (A)(2) of this section. ~~In the case of nursing~~	46376
~~facilities, the~~The rules shall provide that the extreme	46377
circumstances include ~~increased security costs for an inner-city~~	46378
~~nursing facility and an increase in workers' compensation~~	46379
~~experience rating of greater than five per cent for a facility~~	46380
~~that has an appropriate claims management program but do not~~	46381
~~include a change of ownership that results from bankruptcy,~~	46382
~~foreclosure, or findings of violations of certification~~	46383
~~requirements by the department of health~~natural disasters. In the	46384
case of intermediate care facilities for the mentally retarded,	46385
the rules shall provide that the extreme circumstances include,	46386
but are not limited to, renovations approved under division (D) of	46387
section 5111.251 of the Revised Code, an increase in workers'	46388
compensation experience rating of greater than five per cent for a	46389
facility that has an appropriate claims management program,	46390
increased security costs for an inner-city facility, and a change	46391
of ownership that results from bankruptcy, foreclosure, or	46392
findings of violations of certification requirements by the	46393
department of health. An increase under division (A)(2) of this	46394
section is subject to any rate limitations or maximum rates	46395
established by sections ~~5111.23~~5111.20 to ~~5111.28~~5111.33 of the	46396
Revised Code for specific cost centers. Any rate increase granted	46397
under division (A)(2) of this section shall take effect on the	46398
first day of the first month after the department receives the	46399
request.	46400

(3) The rules shall provide that the department, through the	46401
rate reconsideration process, may increase ~~a facility's~~an	46402
intermediate care facility for the mentally retarded's rate as	46403
calculated under sections ~~5111.23~~5111.20 to ~~5111.28~~5111.33 of	46404
the Revised Code if the department, in ~~its~~the department's sole	46405
discretion, determines that the rate as calculated under those	46406
sections works an extreme hardship on the facility.	46407

(4) The rules shall provide that when beds certified for the	46408
~~medical assistance~~medicaid program are added to an existing	46409
intermediate care facility for the mentally retarded, replaced at	46410
the same site, or subject to a change of ownership or lease, the	46411
department, through the rate reconsideration process, shall	46412
increase the ~~facility's~~intermediate care facility for the	46413
mentally retarded's rate for capital costs proportionately, as	46414
limited by any applicable limitation under section ~~5111.25 or~~	46415
5111.251 of the Revised Code, to account for the costs of the beds	46416
that are added, replaced, or subject to a change of ownership or	46417
lease. The department shall make this increase one month after the	46418
first day of the month after the department receives sufficient	46419
documentation of the costs. Any rate increase granted under	46420
division (A)(4) of this section after June 30, 1993, shall remain	46421
in effect until the effective date of a rate calculated under	46422
section ~~5111.25 or~~ 5111.251 of the Revised Code that includes	46423
costs incurred for a full calendar year for the bed addition, bed	46424
replacement, or change of ownership or lease. The facility shall	46425
report double accumulated depreciation in an amount equal to the	46426
depreciation included in the rate adjustment on its cost report	46427
for the first year of operation. During the term of any loan used	46428
to finance a project for which a rate adjustment is granted under	46429
division (A)(4) of this section, if the facility is operated by	46430
the same provider, the ~~facility~~provider shall subtract from the	46431
interest costs it reports on its cost report an amount equal to	46432
the difference between the following:	46433

(a) The actual, allowable interest costs for the loan during	46434
the calendar year for which the costs are being reported;	46435

(b) The actual, allowable interest costs attributable to the	46436
loan that were used to calculate the rates paid to the provider	46437
for the facility during the same calendar year.	46438

(5) The department's decision at the conclusion of the	46439
reconsideration process shall not be subject to any administrative	46440
proceedings under Chapter 119. or any other provision of the	46441
Revised Code.	46442

(B) Any audit disallowance that the department makes as the	46443
result of an audit under section 5111.27 of the Revised Code, any	46444
adverse finding that results from an exception review of resident	46445
assessment information conducted under that section after the	46446
effective date of the facility's rate that is based on the	46447
assessment information, and any penalty the department imposes	46448
under division (C) of section 5111.28 of the Revised Code shall be	46449
subject to an adjudication conducted in accordance with Chapter	46450
119. of the Revised Code.	46451

Sec. 5111.291. Notwithstanding sections 5111.20 to ~~5111.29~~	46452
5111.33 of the Revised Code, the department of job and family	46453
services may compute the rate for intermediate care facilities for	46454
the mentally retarded operated by the department of mental	46455
retardation and developmental disabilities or the department of	46456
mental health according to the reasonable cost principles of Title	46457
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	46458
U.S.C.A. 1395, as amended.	46459

Sec. 5111.30. The department of job and family services	46460
shall terminate the provider agreement with a ~~nursing facility or~~	46461
~~intermediate care facility for the mentally retarded~~provider that	46462
does not comply with the requirements of section 3721.071 of the	46463
Revised Code for the installation of fire extinguishing and fire	46464
alarm systems.	46465

Sec. 5111.31. (A) Every provider agreement with the provider	46466
of a nursing facility or intermediate care facility for the	46467
mentally retarded shall:	46468

(1) Prohibit the ~~facility~~provider from failing or refusing	46469
to retain as a patient any person because the person is, becomes,	46470
or may, as a patient in the facility, become a medicaid recipient	46471
~~of assistance under the medical assistance program~~. For the	46472
purposes of this division, a medicaid recipient ~~of medical~~	46473
~~assistance~~ who is a patient in a facility shall be considered a	46474
patient in the facility during any hospital stays totaling less	46475
than twenty-five days during any twelve-month period. Recipients	46476
who have been identified by the department of job and family	46477
services or its designee as requiring the level of care of an	46478
intermediate care facility for the mentally retarded shall not be	46479
subject to a maximum period of absences during which they are	46480
considered patients if prior authorization of the department for	46481
visits with relatives and friends and participation in therapeutic	46482
programs is obtained under rules adopted under section 5111.02 of	46483
the Revised Code.	46484

(2) ~~Include~~Except as provided by division (B)(1) of this	46485
section, include any part of the facility that meets standards for	46486
certification of compliance with federal and state laws and rules	46487
for participation in the ~~medical assistance~~medicaid program,	46488
~~except that nursing facilities that, during the period beginning~~	46489
~~July 1, 1987, and ending July 1, 1993, added beds licensed as~~	46490
~~nursing home beds under Chapter 3721. of the Revised Code are not~~	46491
~~required to include those beds under a provider agreement unless~~	46492
~~otherwise required by federal law. Once added to the provider~~	46493
~~agreement, however, those nursing home beds may not be removed~~	46494
~~unless the facility withdraws from the medical assistance program~~	46495
~~in its entirety~~.	46496

(3) Prohibit the ~~facility~~provider from discriminating	46497
against any patient on the basis of race, color, sex, creed, or	46498
national origin.	46499

(4) Except as otherwise prohibited under section 5111.55 of	46500
the Revised Code, prohibit the ~~facility~~provider from failing or	46501
refusing to accept a patient because the patient is, becomes, or	46502
may, as a patient in the facility, become a medicaid recipient of	46503
~~assistance under the medical assistance program~~ if less than	46504
eighty per cent of the patients in the facility are medicaid	46505
recipients ~~of medical assistance~~.	46506

(B)(1) Except as provided by division (B)(2) of this section,	46507
the following are not required to be included in a provider	46508
agreement unless otherwise required by federal law:	46509

(a) Beds added during the period beginning July 1, 1987, and	46510
ending July 1, 1993, to a nursing home licensed under Chapter	46511
3721. of the Revised Code;	46512

(b) Beds in an intermediate care facility for the mentally	46513
retarded that are designated for respite care under a medicaid	46514
waiver component operated pursuant to a waiver sought under	46515
section 5111.87 of the Revised Code.	46516

(2) If a provider chooses to include a bed specified in	46517
division (B)(1) of this section in a provider agreement, the bed	46518
may not be removed from the provider agreement unless the provider	46519
withdraws the facility in which the bed is located from the	46520
medicaid program.	46521

(C) Nothing in this section shall bar ~~any~~a provider that is	46522
a religious organization operating a religious or denominational	46523
nursing facility or intermediate care facility for the mentally	46524
retarded ~~that is operated, supervised, or controlled by a~~	46525
~~religious organization~~ from giving preference to persons of the	46526
same religion or denomination. Nothing in this section shall bar	46527
any ~~facility~~provider from giving preference to persons with whom	46528
itthe provider has contracted to provide continuing care.	46529

~~(C)~~(D) Nothing in this section shall bar ~~any~~the provider of	46530
a county home organized under Chapter 5155. of the Revised Code	46531
from admitting residents exclusively from the county in which the	46532
county home is located.	46533

~~(D)~~(E) No provider of a nursing facility or intermediate care	46534
facility for the mentally retarded ~~with~~for which a provider	46535
agreement is in effect shall violate the provider contract	46536
obligations imposed under this section.	46537

~~(E)~~(F) Nothing in divisions (A) and ~~(B)~~(C) of this section	46538
shall bar ~~any nursing facility or intermediate care facility for~~	46539
~~the mentally retarded~~a provider from retaining patients who have	46540
resided in the provider's facility for not less than one year as	46541
private pay patients and who subsequently become medicaid	46542
recipients ~~of assistance under the medicaid program~~, but refusing	46543
to accept as a patient any person who is or may, as a patient in	46544
the facility, become a medicaid recipient ~~of assistance under the~~	46545
~~medicaid program~~, if all of the following apply:	46546

(1) The ~~facility~~provider does not refuse to retain any	46547
patient who has resided in the provider's facility for not less	46548
than one year as a private pay patient because the patient becomes	46549
a medicaid recipient ~~of assistance under the medicaid program~~,	46550
except as necessary to comply with division ~~(E)~~(F)(2) of this	46551
section;	46552

(2) The number of medicaid recipients retained under this	46553
division does not at any time exceed ten per cent of all the	46554
patients in the facility;	46555

(3) On July 1, 1980, all the patients in the facility were	46556
private pay patients.	46557

Sec. 5111.32. Any patient has a cause of action against the	46558
provider of a nursing facility or intermediate care facility for	46559
the mentally retarded for breach of the provider agreement	46560
obligations or other duties imposed by section 5111.31 of the	46561
Revised Code. The action may be commenced by the patient, or on	46562
~~his~~the patient's behalf by ~~his~~the patient's sponsor or a	46563
residents' rights advocate, as either is defined under section	46564
3721.10 of the Revised Code, by the filing of a civil action in	46565
the court of common pleas of the county in which the facility is	46566
located, or in the court of common pleas of Franklin county.	46567

If the court finds that a breach of the provider agreement	46568
obligations imposed by section 5111.31 of the Revised Code has	46569
occurred, the court may enjoin the ~~facility~~provider from engaging	46570
in the practice, order such affirmative relief as may be	46571
necessary, and award to the patient and a person or public agency	46572
that brings an action on behalf of a patient actual damages,	46573
costs, and reasonable attorney's fees.	46574

Sec. 5111.33. Reimbursement to ~~nursing facilities and~~	46575
~~intermediate care facilities for the mentally retarded~~a provider	46576
under sections 5111.20 to 5111.32 of the Revised Code shall	46577
include payments to ~~facilities~~the provider, at a rate equal to	46578
the percentage of the per resident per day rates that the	46579
department of job and family services has established for the	46580
provider's nursing facility or intermediate care facility for the	46581
mentally retarded under sections ~~5111.23~~5111.20 to ~~5111.29~~	46582
5111.33 of the Revised Code for the fiscal year for which the cost	46583
of services is reimbursed, to reserve a bed for a recipient during	46584
a temporary absence under conditions prescribed by the department,	46585
to include hospitalization for an acute condition, visits with	46586
relatives and friends, and participation in therapeutic programs	46587
outside the facility, when the resident's plan of care provides	46588
for such absence and federal participation in the payments is	46589
available. The maximum period during which payments may be made to	46590
reserve a bed shall not exceed the maximum period specified under	46591
federal regulations, and shall not be more than thirty days during	46592
any calendar year for hospital stays, visits with relatives and	46593
friends, and participation in therapeutic programs. Recipients who	46594
have been identified by the department as requiring the level of	46595
care of an intermediate care facility for the mentally retarded	46596
shall not be subject to a maximum period during which payments may	46597
be made to reserve a bed if prior authorization of the department	46598
is obtained for hospital stays, visits with relatives and friends,	46599
and participation in therapeutic programs. The director of job and	46600
family services shall adopt rules under ~~division (B) of~~ section	46601
5111.02 of the Revised Code establishing conditions under which	46602
prior authorization may be obtained.	46603

Sec. 5111.62. The proceeds of all fines, including interest,	46604
collected under sections 5111.35 to 5111.62 of the Revised Code	46605
shall be deposited in the state treasury to the credit of the	46606
residents protection fund, which is hereby created. ~~Moneys~~The	46607
proceeds of all fines, including interest, collected under section	46608
173.42 of the Revised Code shall be deposited in the state	46609
treasury to the credit of the residents protection fund.	46610

Moneys in the fund shall be used for the protection of the	46611
health or property of residents of nursing facilities in which the	46612
department of health finds deficiencies, including payment for the	46613
costs of relocation of residents to other facilities, maintenance	46614
of operation of a facility pending correction of deficiencies or	46615
closure, and reimbursement of residents for the loss of money	46616
managed by the facility under section 3721.15 of the Revised Code.	46617
~~The~~	46618

The fund shall be maintained and administered by the	46619
department of job and family services under rules developed in	46620
consultation with the departments of health and aging and adopted	46621
by the director of job and family services under Chapter 119. of	46622
the Revised Code.	46623

Sec. 5111.85. (A) As used in this section, "medicaid waiver	46624
component" means a component of the medicaid program authorized by	46625
a waiver granted by the United States department of health and	46626
human services under section 1115 or 1915 of the "Social Security	46627
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or 1396n. "Medicaid	46628
waiver component" does not include a care management system	46629
established under section 5111.16 of the Revised Code.	46630

(B) The director of job and family services may adopt rules	46631
under Chapter 119. of the Revised Code governing medicaid waiver	46632
components that establish all of the following:	46633

(1) Eligibility requirements for the medicaid waiver	46634
components;	46635

(2) The type, amount, duration, and scope of services the	46636
medicaid waiver components provide;	46637

(3) The conditions under which the medicaid waiver components	46638
cover services;	46639

(4) The amount the medicaid waiver components pay for	46640
services or the method by which the amount is determined;	46641

(5) The manner in which the medicaid waiver components pay	46642
for services;	46643

(6) Safeguards for the health and welfare of medicaid	46644
recipients receiving services under a medicaid waiver component;	46645

(7) Procedures for enforcing the rules, including	46646
establishing corrective action plans for, and imposing financial	46647
and administrative sanctions on, persons and government entities	46648
that violate the rules. Sanctions shall include terminating	46649
medicaid provider agreements. The procedures shall include due	46650
process protections.	46651

(8) Other policies necessary for the efficient administration	46652
of the medicaid waiver components.	46653

(C) The director of job and family services may adopt	46654
different rules for the different medicaid waiver components. The	46655
rules shall be consistent with the terms of the waiver authorizing	46656
the medicaid waiver component.	46657

~~(D) The director of job and family services may conduct~~	46658
~~reviews of the medicaid waiver components. The reviews may include~~	46659
~~physical inspections of records and sites where services are~~	46660
~~provided under the medicaid waiver components and interviews of~~	46661
~~providers and recipients of the services. If the director~~	46662
~~determines pursuant to a review that a person or government entity~~	46663
~~has violated a rule governing a medicaid waiver component, the~~	46664
~~director may establish a corrective action plan for the violator~~	46665
~~and impose fiscal, administrative, or both types of sanctions on~~	46666
~~the violator in accordance with rules adopted under division (B)~~	46667
~~of this section.~~	46668

Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855	46669
of the Revised Code:	46670

"Administrative agency" means, with respect to a home and	46671
community-based services medicaid waiver component, the department	46672
of job and family services or, if a state agency or political	46673
subdivision contracts with the department under section 5111.91 of	46674
the Revised Code to administer the component, that state agency or	46675
political subdivision.	46676

"Home and community-based services medicaid waiver component"	46677
means a medicaid waiver component as defined in section 5111.85 of	46678
the Revised Code under which home and community-based services are	46679
provided as an alternative to hospital, nursing facility, or	46680
intermediate care facility for the mentally retarded services.	46681

"Hospital" has the same meaning as in section 3727.01 of the	46682
Revised Code.	46683

"Intermediate care facility for the mentally retarded" has	46684
the same meaning as in section 5111.20 of the Revised Code.	46685

"Level of care determination" means a determination of	46686
whether an individual needs the level of care provided by a	46687
hospital, nursing facility, or intermediate care facility for the	46688
mentally retarded and whether the individual, if determined to	46689
need that level of care, would receive hospital, nursing facility,	46690
or intermediate care facility for the mentally retarded services	46691
if not for a home and community-based services medicaid waiver	46692
component.	46693

"Nursing facility" has the same meaning as in section 5111.20	46694
of the Revised Code.	46695

"Skilled nursing facility" means a facility certified as a	46696
skilled nursing facility under Title XVIII of the "Social Security	46697
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	46698

(B) The following requirements apply to each home and	46699
community-based services medicaid waiver component:	46700

(1) Only an individual who qualifies for a component shall	46701
receive that component's services.	46702

(2) A level of care determination shall be made as part of	46703
the process of determining whether an individual qualifies for a	46704
component and shall be made each year after the initial	46705
determination if, during such a subsequent year, the	46706
administrative agency determines there is a reasonable indication	46707
that the individual's needs have changed.	46708

(3) A written plan of care or individual service plan based	46709
on an individual assessment of the services that an individual	46710
needs to avoid needing hospital, nursing facility, or intermediate	46711
care facility for the mentally retarded services shall be created	46712
for each individual determined eligible for a component.	46713

(4) Each individual determined eligible for a component shall	46714
receive that component's services in accordance with the	46715
individual's level of care determination and written plan of care	46716
or individual service plan.	46717

(5) No individual may receive services under a component	46718
while the individual is a hospital inpatient or resident of a	46719
skilled nursing facility, nursing facility, or intermediate care	46720
facility for the mentally retarded.	46721

(6) No individual may receive prevocational, educational, or	46722
supported employment services under a component if the individual	46723
is eligible for such services that are funded with federal funds	46724
provided under 29 U.S.C. 730 or the "Individuals with Disabilities	46725
Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.	46726

(7) Safeguards shall be taken to protect the health and	46727
welfare of individuals receiving services under a component,	46728
including safeguards established in rules adopted under section	46729
5111.85 of the Revised Code and safeguards established by	46730
licensing and certification requirements that are applicable to	46731
the providers of that component's services.	46732

(8) No services may be provided under a component by a	46733
provider that is subject to standards that 42 U.S.C. 1382e(e)(1)	46734
requires be established if the provider fails to comply with the	46735
standards applicable to the provider.	46736

(9) Individuals determined to be eligible for a component, or	46737
such individuals' representatives, shall be informed of that	46738
component's services, including any choices that the individual or	46739
representative may make regarding the component's services, and	46740
given the choice of either receiving services under that component	46741
or, as appropriate, hospital, nursing facility, or intermediate	46742
care facility for the mentally retarded services.	46743

Sec. 5111.852. The department of job and family services may	46744
review and approve, modify, or deny written plans of care and	46745
individual service plans that section 5111.851 of the Revised Code	46746
requires be created for individuals determined eligible for a home	46747
and community-based services medicaid waiver component. If a state	46748
agency or political subdivision contracts with the department	46749
under section 5111.91 of the Revised Code to administer a home and	46750
community-based services medicaid waiver component and approves,	46751
modifies, or denies a written plan of care or individual service	46752
plan pursuant to the agency's or subdivision's administration of	46753
the component, the department may review the agency's or	46754
subdivision's approval, modification, or denial and order the	46755
agency or subdivision to reverse or modify the approval,	46756
modification, or denial. The state agency or political subdivision	46757
shall comply with the department's order.	46758

The department of job and family services shall be granted	46759
full and immediate access to any records the department needs to	46760
implement its duties under this section.	46761

Sec. 5111.853. Each administrative agency shall maintain,	46762
for a period of time the department of job and family services	46763
shall specify, financial records documenting the costs of services	46764
provided under the home and community-based services medicaid	46765
waiver components that the agency administers, including records	46766
of independent audits. The administrative agency shall make the	46767
financial records available on request to the United States	46768
secretary of health and human services, United States comptroller	46769
general, and their designees.	46770

Sec. 5111.854. Each administrative agency is financially	46771
accountable for funds expended for services provided under the	46772
home and community-based services medicaid waiver components that	46773
the agency administers.	46774

Sec. 5111.855. Each state agency and political subdivision	46775
that enters into a contract with the department of job and family	46776
services under section 5111.91 of the Revised Code to administer a	46777
home and community-based services medicaid waiver component, or	46778
one or more aspects of such a component, shall provide the	46779
department a written assurance that the agency or subdivision will	46780
not violate any of the requirements of sections 5111.85 to	46781
5111.854 of the Revised Code.	46782

~~Sec. 5111.97.~~ Sec. 5111.86. (A) As used in this section:

46783

(1) "Hospital" has the same meaning as in section 3727.01 of	46784
the Revised Code.	46785

(2) "Medicaid waiver component" has the same meaning as in	46786
section 5111.85 of the Revised Code.	46787

(3) "Nursing facility" has the same meaning as in section	46788
5111.20 of the Revised Code.	46789

(B) The director of job and family services may submit a	46790
~~request~~requests to the United States secretary of health and	46791
human services pursuant to section 1915 of the "Social Security	46792
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain	46793
waivers of federal medicaid requirements that would otherwise be	46794
violated in the creation and implementation of two or more	46795
medicaid waiver components under which home and community-based	46796
services ~~programs to replace the Ohio home care program being~~	46797
~~operated pursuant to rules adopted under sections 5111.01 and~~	46798
~~5111.02 of the Revised Code and a medicaid waiver granted prior to~~	46799
~~the effective date of this section~~are provided to eligible	46800
individuals who need the level of care provided by a nursing	46801
facility or hospital. In the ~~request~~requests, the director may	46802
specify the following:	46803

(1) ~~That one of the replacement programs will provide home~~	46804
~~and community-based services to individuals in need of nursing~~	46805
~~facility care, including individuals enrolled in the Ohio home~~	46806
~~care program;~~	46807

~~(2) That the other replacement program will provide services~~	46808
~~to individuals in need of hospital care, including individuals~~	46809
~~enrolled in the Ohio home care program;~~	46810

~~(3) That there will be a~~The maximum number of individuals	46811
who may be enrolled in ~~the replacement programs in addition to the~~	46812
~~number of individuals to be transferred from the Ohio home care~~	46813
~~program~~each of the medicaid waiver components included in the	46814
requests;	46815

~~(4) That there will be a~~(2) The maximum amount the	46816
~~department~~medicaid program may expend each year for each	46817
individual enrolled in the ~~replacement programs~~medicaid waiver	46818
components;	46819

(~~5) That there will be a~~(3) The maximum ~~aggregate~~ amount the	46820
~~department~~medicaid program may expend each year for all	46821
individuals enrolled in the ~~replacement programs~~medicaid waiver	46822
components;	46823

~~(6)~~(4) Any other ~~requirement~~requirements the director	46824
selects for the ~~replacement programs~~medicaid waiver components.	46825

~~(B)~~(C) If the secretary ~~grants~~approves the medicaid waivers	46826
requested under this section, the director may create and	46827
implement the ~~replacement programs~~medicaid waiver components in	46828
accordance with the provisions of the approved waivers ~~granted~~.	46829
The department of job and family services shall administer the	46830
~~replacement programs~~medicaid waiver components.	46831

~~As the replacement programs are implemented, the director~~	46832
~~shall reduce the maximum number of individuals who may be enrolled~~	46833
~~in the Ohio home care program by the number of individuals who are~~	46834
~~transferred to the replacement programs. When all individuals who~~	46835
~~are eligible to be transferred to the replacement programs have~~	46836
~~been transferred, the director may submit to the secretary an~~	46837
~~amendment to the state medicaid plan to provide for the~~	46838
~~elimination of the Ohio home care program.~~	46839

To the extent necessary for the efficient and economical	46840
administration of medicaid waiver components, the director may	46841
transfer an individual enrolled in a medicaid waiver component	46842
that the United States secretary of health and human services	46843
approved before the effective date of this amendment and is	46844
administered by the department to a medicaid waiver component	46845
created under this section if the individual is eligible for the	46846
medicaid waiver component created under this section and the	46847
transfer does not jeopardize the individual's health or safety.	46848

After the first of any medicaid waiver components created	46849
under this section begins to enroll eligible individuals, the	46850
director may submit to the United States secretary of health and	46851
human services an amendment to the medicaid waiver authorizing the	46852
Ohio home care program that provides for the department to cease	46853
enrolling additional individuals in the Ohio home care program. If	46854
the secretary approves the amendment, the director may cease to	46855
enroll additional individuals in the Ohio home care program.	46856

Sec. 5111.87. (A) As used in this section and section	46857
5111.871 of the Revised Code~~, "intermediate~~:	46858

(1) "Intermediate care facility for the mentally retarded"	46859
has the same meaning as in section 5111.20 of the Revised Code.	46860

(2) "Medicaid waiver component" has the same meaning as in	46861
section 5111.85 of the Revised Code.	46862

(B) The director of job and family services may apply to the	46863
United States secretary of health and human services for both of	46864
the following:	46865

(1) One or more medicaid ~~waivers~~waiver components under	46866
which home and community-based services are provided to	46867
individuals with mental retardation or other developmental	46868
disability as an alternative to placement in an intermediate care	46869
facility for the mentally retarded;	46870

(2) One or more medicaid ~~waivers~~waiver components under	46871
which home and community-based services are provided in the form	46872
of ~~either or both~~any of the following:	46873

(a) Early intervention and supportive services for children	46874
under three years of age ~~that are provided or arranged by county~~	46875
~~boards of mental retardation and~~who have developmental delays or	46876
disabilities the director determines are significant;	46877

(b) Therapeutic services for children who have autism ~~and are~~	46878
~~under six years of age at the time of enrollment~~;	46879

(c) Specialized habilitative services for individuals who are	46880
eighteen years of age or older and have autism.	46881

(C) No medicaid waiver component authorized by division	46882
(B)(2)(b) or (c) of this section shall provide services that are	46883
available under another medicaid waiver component. No medicaid	46884
waiver component authorized by division (B)(2)(b) of this section	46885
shall provide services to an individual that the individual is	46886
eligible to receive through an individualized education program as	46887
defined in section 3323.01 of the Revised Code.	46888

(D) The director of mental retardation and developmental	46889
disabilities or director of health may request that the director	46890
of job and family services apply for one or more medicaid waivers	46891
under this section.	46892

~~(D)~~(E) Before applying for a waiver under this section, the	46893
director of job and family services shall seek, accept, and	46894
consider public comments.	46895

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.893 of	46896
the Revised Code:	46897

"Assisted living program" means the medicaid waiver component	46898
for which the director of job and family services is authorized by	46899
this section to request a medicaid waiver.	46900

"Assisted living services" means the following home and	46901
community-based services: personal care, homemaker, chore,	46902
attendant care, companion, medication oversight, and therapeutic	46903
social and recreational programming.	46904

"Medicaid waiver component" has the same meaning as in	46905
section 5111.85 of the Revised Code.	46906

"Nursing facility" has the same meaning as in section 5111.20	46907
of the Revised Code.	46908

"Residential care facility" has the same meaning as in	46909
section 3721.01 of the Revised Code.	46910

(B) The director of job and family services may submit a	46911
request to the United States secretary of health and human	46912
services under 42 U.S.C. 1396n to obtain a waiver of federal	46913
medicaid requirements that would otherwise be violated in the	46914
creation and implementation of a program under which assisted	46915
living services are provided to not more than one thousand	46916
residents of residential care facilities who meet the program's	46917
eligibility requirements established under section 5111.891 of the	46918
Revised Code.	46919

If the secretary approves the medicaid waiver requested under	46920
this section and the director of budget and management approves	46921
the contract, the department of job and family services shall	46922
enter into a contract with the department of aging under section	46923
5111.91 of the Revised Code that provides for the department of	46924
aging to administer the assisted living program. The contract	46925
shall include an estimate of the program's costs.	46926

The director of job and family services may adopt rules under	46927
section 5111.85 of the Revised Code regarding the assisted living	46928
program. The director of aging may adopt rules under Chapter 119.	46929
of the Revised Code regarding the program. The rules the director	46930
of aging adopts shall concern issues not addressed by the rules	46931
for the program adopted by the director of job and family	46932
services.	46933

Sec. 5111.891. To be eligible for the assisted living	46934
program, an individual must meet all of the following	46935
requirements:	46936

(A) Need an intermediate level of care as determined under	46937
rule 5101:3-3-06 of the Administrative Code;	46938

(B) At the time the individual applies for the assisted	46939
living program, be one of the following:	46940

(1) A nursing facility resident seeking to move to a	46941
residential care facility;	46942

(2) A participant of any of the following medicaid waiver	46943
components who would move to a nursing facility if not for the	46944
assisted living program:	46945

(a) The PASSPORT program created under section 173.40 of the	46946
Revised Code;	46947

(b) The medicaid waiver component called the choices program	46948
that the department of aging administers;	46949

(c) A medicaid waiver component that the department of job	46950
and family services administers.	46951

(C) At the time the individual receives assisted living	46952
services under the assisted living program, reside in either of	46953
the following:	46954

(1) A residential care facility that is licensed under	46955
Chapter 3721. of the Revised Code on the effective date of this	46956
section and to which either of the following applies:	46957

(a) It consists of beds that previously were licensed as	46958
nursing home beds under Chapter 3721. of the Revised Code and were	46959
converted to residential care facility beds for the purpose of the	46960
facility participating in the assisted living program.	46961

(b) It is a part of a system of continuing care that is	46962
operated in conjunction with a nursing facility and one or more	46963
other facilities that provide a less intensive level of care, such	46964
as an adult care facility licensed under Chapter 3722. of the	46965
Revised Code or an independent living arrangement, and provides	46966
residents a contractual right of admission to the nursing	46967
facility.	46968

(2) A residential care facility that is licensed under	46969
Chapter 3721. of the Revised Code and owned or operated by a	46970
metropolitan housing authority that has a contract with the United	46971
States department of housing and urban development to receive an	46972
operating subsidy or rental assistance for the residents of the	46973
facility.	46974

(D) Meet all other eligibility requirements for the assisted	46975
living program established in rules adopted under section 5111.85	46976
of the Revised Code.	46977

Sec. 5111.892. A residential care facility providing	46978
services covered by the assisted living program to an individual	46979
enrolled in the program shall have staff on-site twenty-four hours	46980
each day who are able to do all of the following:	46981

(A) Meet the scheduled and unpredicted needs of the	46982
individuals enrolled in the assisted living program in a manner	46983
that promotes the individuals' dignity and independence;	46984

(B) Provide supervision services for those individuals;

46985

46986

Sec. 5111.893. If the United States secretary of health and	46987
human services approves a medicaid waiver authorizing the assisted	46988
living program, the director of aging shall contract with a person	46989
or government entity to evaluate the program's cost effectiveness.	46990
The director shall provide the results of the evaluation to the	46991
governor, president and minority leader of the senate, and speaker	46992
and minority leader of the house of representatives not later than	46993
June 30, 2007.	46994

Sec. 5111.911. Any contract the department of job and family	46995
services enters into with the department of mental health or	46996
department of alcohol and drug addiction services under section	46997
5111.91 of the Revised Code is subject to the approval of the	46998
director of budget and management and shall require or specify all	46999
of the following:	47000

(A) In the case of a contract with the department of mental	47001
health, that section 5111.912 of the Revised Code be complied	47002
with;	47003

(B) In the case of a contract with the department of alcohol	47004
and drug addiction services, that section 5111.913 of the Revised	47005
Code be complied with;	47006

(C) How providers will be paid for providing ~~the~~alcohol,	47007
drug addiction, and mental health services covered by medicaid	47008
under the federal option of covering rehabilitative services;	47009

(D) A process for making payments to the providers based on a	47010
provider-specific fixed-rate reimbursement methodology;	47011

(E) The department of mental health's or department of	47012
alcohol and drug addiction services' responsibilities for	47013
reimbursing providers~~, including~~;	47014

(F) Procedures for program oversight and quality assurance,	47015
including procedures for utilization review, utilization	47016
management, and care management.	47017

Sec. 5111.914. (A) As used in this section, "provider" has	47018
the same meaning as in section 5111.06 of the Revised Code.	47019

(B) If a state agency that enters into a contract with the	47020
department of job and family services under section 5111.91 of the	47021
Revised Code identifies that a medicaid overpayment has been made	47022
to a provider, the state agency may commence actions to recover	47023
the overpayment on behalf of the department.	47024

(C) In recovering an overpayment pursuant to this section, a	47025
state agency shall comply with the following procedures:	47026

(1) The state agency shall attempt to recover the overpayment	47027
by notifying the provider of the overpayment and requesting	47028
voluntary repayment. Not later than five business days after	47029
notifying the provider, the state agency shall notify the	47030
department in writing of the overpayment. The state agency may	47031
negotiate a settlement of the overpayment and notify the	47032
department of the settlement. A settlement negotiated by the state	47033
agency is not valid and shall not be implemented until the	47034
department has given its written approval of the settlement.	47035

(2) If the state agency is unable to obtain voluntary	47036
repayment of an overpayment, the agency shall give the provider	47037
notice of an opportunity for a hearing in accordance with Chapter	47038
119. of the Revised Code. If the provider timely requests a	47039
hearing in accordance with section 119.07 of the Revised Code, the	47040
state agency shall conduct the hearing to determine the legal and	47041
factual validity of the overpayment. On completion of the hearing,	47042
the state agency shall submit its hearing officer's report and	47043
recommendation and the complete record of proceedings, including	47044
all transcripts, to the director of job and family services for	47045
final adjudication. The director may issue a final adjudication	47046
order in accordance with Chapter 119. of the Revised Code. The	47047
state agency shall pay any attorney's fees imposed under section	47048
119.092 of the Revised Code. The department of job and family	47049
services shall pay any attorney's fees imposed under section	47050
2335.39 of the Revised Code.	47051

(D) In any action taken by a state agency under this section	47052
that requires the agency to give notice of an opportunity for a	47053
hearing in accordance with Chapter 119. of the Revised Code, if	47054
the agency gives notice of the opportunity for a hearing but the	47055
provider subject to the notice does not request a hearing or	47056
timely request a hearing in accordance with section 119.07 of the	47057
Revised Code, the agency is not required to hold a hearing. The	47058
agency may request that the director of job and family services	47059
issue a final adjudication order in accordance with Chapter 119.	47060
of the Revised Code.	47061

(E) This section does not preclude the department of job and	47062
family services from adjudicating a final fiscal audit under	47063
section 5111.06 of the Revised Code, recovering overpayments under	47064
section 5111.061 of the Revised Code, or making findings or taking	47065
other actions authorized by this chapter.	47066

Sec. 5111.915. (A) The department of job and family services	47067
shall enter into an interagency agreement with the department of	47068
administrative services for the department of administrative	47069
services to acquire through competitive selection pursuant to	47070
section 125.05 of the Revised Code a computer system to be known	47071
as the medicaid enterprise data warehouse. This computer system	47072
shall be used to enhance fraud and abuse detection, improve	47073
program management and budgeting, and improve performance	47074
measurement capabilities of all agencies serving medicaid	47075
recipients, including the departments of aging, alcohol and drug	47076
addiction services, health, job and family services, mental	47077
health, and mental retardation and development disabilities.	47078

The department of administrative services shall take all	47079
necessary steps to receive and review bids for the medicaid	47080
enterprise data warehouse within ninety days after the effective	47081
date of this section.	47082

(B) A vendor with whom the department of administrative	47083
services contracts to implement the medicaid enterprise data	47084
warehouse must have performed the following services prior to the	47085
department accepting the vendor's bid:	47086

(1) Successfully implemented an enterprise data warehouse in	47087
a state whose health and human services budget, including	47088
medicaid, is equal to or exceeds Ohio's medicaid budget;	47089

(2) Demonstrated an ability to link, at a minimum, the	47090
following data sets:	47091

(a) Medicaid;

47092

(b) Temporary assistance for needy families;

47093

47094

~~Sec. 5111.88.~~ Sec. 5111.97. (A) As used in this section, "nursing	47095
facility" has the same meaning as in section 5111.20 of the	47096
Revised Code.	47097

(B) To the extent funds are available, the director of job	47098
and family services may establish the Ohio access success project	47099
to help medicaid recipients make the transition from residing in a	47100
nursing facility to residing in a community setting. The program	47101
may be established as a separate non-medicaid program or	47102
integrated into a new or existing program of medicaid-funded home	47103
and community-based services authorized by a waiver approved by	47104
the United States department of health and human services. The	47105
department may limit the number of program participants.	47106

To be eligible for benefits under the project, a medicaid	47107
recipient must satisfy all of the following requirements:	47108

(1) Be a recipient of medicaid-funded nursing facility	47109
services, at the time of applying for the benefits;	47110

(2) Have resided continuously in a nursing facility for not	47111
less than ~~eighteen~~twelve months prior to applying to participate	47112
in the project;	47113

(3) Need the level of care provided by nursing facilities;

47114

(4) For participation in a non-medicaid program, receive	47115
services to remain in the community with a projected cost not	47116
exceeding eighty per cent of the average monthly medicaid cost of	47117
a medicaid recipient in a nursing facility;	47118

(5) For participation in a program established as part of a	47119
medicaid-funded home and community-based services waiver program,	47120
meet waiver enrollment criteria.	47121

(C) If the director establishes the Ohio access success	47122
project, the benefits provided under the project may include	47123
payment of all of the following:	47124

(1) The first month's rent in a community setting;

47125

(2) Rental deposits;

47126

(3) Utility deposits;

47127

(4) Moving expenses;

47128

(5) Other expenses not covered by the medicaid program that	47129
facilitate a medicaid recipient's move from a nursing facility to	47130
a community setting.	47131

(D) If the project is established as a non-medicaid program,	47132
no participant may receive more than two thousand dollars worth of	47133
benefits under the project.	47134

(E) The director may submit a request to the United States	47135
secretary of health and human services pursuant to section 1915 of	47136
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,	47137
as amended, to create a medicaid home and community-based services	47138
waiver program to serve individuals who meet the criteria for	47139
participation in the Ohio access success project. The director may	47140
adopt rules under Chapter 119. of the Revised Code for the	47141
administration and operation of the program.	47142

Sec. 5111.98. (A) The director of job and family services	47143
may do all of the following as necessary for the department of job	47144
and family services to fulfill the duties it has, as the single	47145
state agency for the medicaid program, under the "Medicare	47146
Prescription Drug, Improvement, and Modernization Act of 2003"	47147
Pub. L. No. 108-173, 117 Stat. 2066:	47148

(1) Adopt rules;

47149

(2) Assign duties to county departments of job and family	47150
services;	47151

(3) Make payments to the United States department of health	47152
and human services from appropriations made to the department of	47153
job and family services for this purpose.	47154

(B) Rules adopted under division (A)(1) of this section shall	47155
be adopted as follows:	47156

(1) If the rules concern the department's duties regarding	47157
service providers, in accordance with Chapter 119. of the Revised	47158
Code;	47159

(2) If the rules concern the department's duties concerning	47160
individuals' eligibility for services, in accordance with section	47161
111.15 of the Revised Code;	47162

(3) If the rules concern the department's duties concerning	47163
financial and operational matters between the department and	47164
county departments of job and family services, in accordance with	47165
section 111.15 of the Revised Code as if the rules were internal	47166
management rules.	47167

Sec. 5111.99. (A) Whoever violates division (B) of section	47168
5111.26 or division ~~(D)~~(E) of section 5111.31 of the Revised Code	47169
shall be fined not less than five hundred dollars nor more than	47170
one thousand dollars for the first offense and not less than one	47171
thousand dollars nor more than five thousand dollars for each	47172
subsequent offense. Fines paid under this section shall be	47173
deposited in the state treasury to the credit of the general	47174
revenue fund.	47175

(B) Whoever violates division (D) of section 5111.61 of the	47176
Revised Code is guilty of registering a false complaint, a	47177
misdemeanor of the first degree.	47178

Sec. 5112.03. (A) The director of job and family services	47179
shall adopt, and may amend and rescind, rules in accordance with	47180
Chapter 119. of the Revised Code for the purpose of administering	47181
sections 5112.01 to 5112.21 of the Revised Code, including rules	47182
that do all of the following:	47183

(1) Define as a "disproportionate share hospital" any	47184
hospital included under subsection (b) of section 1923 of the	47185
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	47186
1396r-4(b), as amended, and any other hospital the director	47187
determines appropriate;	47188

(2) Prescribe the form for submission of cost reports under	47189
section 5112.04 of the Revised Code;	47190

(3) Establish, in accordance with division (A) of section	47191
5112.06 of the Revised Code, the assessment rate or rates to be	47192
applied to hospitals under that section;	47193

(4) Establish schedules for hospitals to pay installments on	47194
their assessments under section 5112.06 of the Revised Code and	47195
for governmental hospitals to pay installments on their	47196
intergovernmental transfers under section 5112.07 of the Revised	47197
Code;	47198

(5) Establish procedures to notify hospitals of adjustments	47199
made under division (B)(2)(b) of section 5112.06 of the Revised	47200
Code in the amount of installments on their assessment;	47201

(6) Establish procedures to notify hospitals of adjustments	47202
made under division (D) of section 5112.09 of the Revised Code in	47203
the total amount of their assessment and to adjust for the	47204
remainder of the program year the amount of the installments on	47205
the assessments;	47206

(7) Establish, in accordance with section 5112.08 of the	47207
Revised Code, the methodology for paying hospitals under that	47208
section.	47209

The director shall consult with hospitals when adopting the	47210
rules required by divisions (A)(4) and (5) of this section in	47211
order to minimize hospitals' cash flow difficulties.	47212

(B) Rules adopted under this section may provide that "total	47213
facility costs" excludes costs associated with any of the	47214
following:	47215

(1) Recipients of the medical assistance program;

47216

(2) Recipients of financial assistance provided under Chapter	47217
5115. of the Revised Code;	47218

(3) ~~Recipients of medical assistance provided under Chapter~~	47219
~~5115. of the Revised Code;~~	47220

~~(4)~~ Recipients of the program for medically handicapped	47221
children established under section 3701.023 of the Revised Code;	47222

~~(5)~~(4) Recipients of the medicare program established under	47223
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	47224
U.S.C.A. 301, as amended:	47225

~~(6)~~(5) Recipients of Title V of the "Social Security Act";

47226

~~(7)~~(6) Any other category of costs deemed appropriate by the	47227
director in accordance with Title XIX of the "Social Security Act"	47228
and the rules adopted under that title.	47229

Sec. 5112.08. The director of job and family services shall	47230
adopt rules under section 5112.03 of the Revised Code establishing	47231
a methodology to pay hospitals that is sufficient to expend all	47232
money in the indigent care pool. Under the rules:	47233

(A) The department of job and family services may classify	47234
similar hospitals into groups and allocate funds for distribution	47235
within each group.	47236

(B) The department shall establish a method of allocating	47237
funds to hospitals, taking into consideration the relative amount	47238
of indigent care provided by each hospital or group of hospitals.	47239
The amount to be allocated shall be based on any combination of	47240
the following indicators of indigent care that the director	47241
considers appropriate:	47242

(1) Total costs, volume, or proportion of services to	47243
recipients of the medical assistance program, including recipients	47244
enrolled in health insuring corporations;	47245

(2) Total costs, volume, or proportion of services to	47246
low-income patients in addition to recipients of the medical	47247
assistance program, which may include recipients of Title V of the	47248
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	47249
amended, and recipients of financial ~~or medical~~ assistance	47250
provided under Chapter 5115. of the Revised Code;	47251

(3) The amount of uncompensated care provided by the hospital	47252
or group of hospitals;	47253

(4) Other factors that the director considers to be	47254
appropriate indicators of indigent care.	47255

(C) The department shall distribute funds to each hospital or	47256
group of hospitals in a manner that first may provide for an	47257
additional distribution to individual hospitals that provide a	47258
high proportion of indigent care in relation to the total care	47259
provided by the hospital or in relation to other hospitals. The	47260
department shall establish a formula to distribute the remainder	47261
of the funds. The formula shall be consistent with section 1923 of	47262
the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall	47263
be based on any combination of the indicators of indigent care	47264
listed in division (B) of this section that the director considers	47265
appropriate.	47266

(D) The department shall distribute funds to each hospital in	47267
installments not later than ten working days after the deadline	47268
established in rules for each hospital to pay an installment on	47269
its assessment under section 5112.06 of the Revised Code. In the	47270
case of a governmental hospital that makes intergovernmental	47271
transfers, the department shall pay an installment under this	47272
section not later than ten working days after the earlier of that	47273
deadline or the deadline established in rules for the governmental	47274
hospital to pay an installment on its intergovernmental transfer.	47275
If the amount in the hospital care assurance program fund and the	47276
hospital care assurance match fund created under section 5112.18	47277
of the Revised Code is insufficient to make the total	47278
distributions for which hospitals are eligible to receive in any	47279
period, the department shall reduce the amount of each	47280
distribution by the percentage by which the amount is	47281
insufficient. The department shall distribute to hospitals any	47282
amounts not distributed in the period in which they are due as	47283
soon as moneys are available in the funds.	47284

Sec. 5112.17. (A) As used in this section:

47285

(1) "Federal poverty guideline" means the official poverty	47286
guideline as revised annually by the United States secretary of	47287
health and human services in accordance with section 673 of the	47288
"Community Service Block Grant Act," 95 Stat. 511 (1981), 42	47289
U.S.C.A. 9902, as amended, for a family size equal to the size of	47290
the family of the person whose income is being determined.	47291

(2) "Third-party payer" means any private or public entity or	47292
program that may be liable by law or contract to make payment to	47293
or on behalf of an individual for health care services.	47294
"Third-party payer" does not include a hospital.	47295

(B) Each hospital that receives funds distributed under	47296
sections 5112.01 to 5112.21 of the Revised Code shall provide,	47297
without charge to the individual, basic, medically necessary	47298
hospital-level services to individuals who are residents of this	47299
state, are not recipients of the medical assistance program, and	47300
whose income is at or below the federal poverty guideline.	47301
Recipients of disability financial assistance ~~and recipients of~~	47302
~~disability medical assistance~~ provided under Chapter 5115. of the	47303
Revised Code qualify for services under this section. The director	47304
of job and family services shall adopt rules under section 5112.03	47305
of the Revised Code specifying the hospital services to be	47306
provided under this section.	47307

(C) Nothing in this section shall be construed to prevent a	47308
hospital from requiring an individual to apply for eligibility	47309
under the medical assistance program before the hospital processes	47310
an application under this section. Hospitals may bill any	47311
third-party payer for services rendered under this section.	47312
Hospitals may bill the medical assistance program, in accordance	47313
with Chapter 5111. of the Revised Code and the rules adopted under	47314
that chapter, for services rendered under this section if the	47315
individual becomes a recipient of the program. Hospitals may bill	47316
individuals for services under this section if all of the	47317
following apply:	47318

(1) The hospital has an established post-billing procedure	47319
for determining the individual's income and canceling the charges	47320
if the individual is found to qualify for services under this	47321
section.	47322

(2) The initial bill, and at least the first follow-up bill,	47323
is accompanied by a written statement that does all of the	47324
following:	47325

(a) Explains that individuals with income at or below the	47326
federal poverty guideline are eligible for services without	47327
charge;	47328

(b) Specifies the federal poverty guideline for individuals	47329
and families of various sizes at the time the bill is sent;	47330

(c) Describes the procedure required by division (C)(1) of	47331
this section.	47332

(3) The hospital complies with any additional rules the	47333
department adopts under section 5112.03 of the Revised Code.	47334

Notwithstanding division (B) of this section, a hospital	47335
providing care to an individual under this section is subrogated	47336
to the rights of any individual to receive compensation or	47337
benefits from any person or governmental entity for the hospital	47338
goods and services rendered.	47339

(D) Each hospital shall collect and report to the department,	47340
in the form and manner prescribed by the department, information	47341
on the number and identity of patients served pursuant to this	47342
section.	47343

(E) This section applies beginning May 22, 1992, regardless	47344
of whether the department has adopted rules specifying the	47345
services to be provided. Nothing in this section alters the scope	47346
or limits the obligation of any governmental entity or program,	47347
including the program awarding reparations to victims of crime	47348
under sections 2743.51 to 2743.72 of the Revised Code and the	47349
program for medically handicapped children established under	47350
section 3701.023 of the Revised Code, to pay for hospital services	47351
in accordance with state or local law.	47352

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	47353
Revised Code~~, "intermediate~~:	47354

(A) "Intermediate care facility for the mentally retarded"	47355
has the same meaning as in section 5111.20 of the Revised Code,	47356
except that it does not include any such facility operated by the	47357
department of mental retardation and developmental disabilities.	47358

(B) "Medicaid" has the same meaning as in section 5111.01 of	47359
the Revised Code.	47360

Sec. 5112.31. The department of job and family services	47361
shall do all of the following:	47362

(A) For the purpose of providing home and community-based	47363
services for mentally retarded and developmentally disabled	47364
persons, annually assess each intermediate care facility for the	47365
mentally retarded a franchise permit fee equal to nine dollars and	47366
sixty-three cents multiplied by the product of the following:	47367

(1) The number of beds certified under Title XIX of the	47368
"Social Security Act" on the first day of May of the calendar year	47369
in which the assessment is determined pursuant to division (A) of	47370
section 5112.33 of the Revised Code;	47371

(2) The number of days in the fiscal year beginning on the	47372
first day of July of the same calendar year.	47373

(B) Beginning July 1, ~~2005~~2007, and the first day of each	47374
July thereafter, adjust fees determined under division (A) of this	47375
section in accordance with the composite inflation factor	47376
established in rules adopted under section 5112.39 of the Revised	47377
Code.	47378

(C) If the United States secretary of health and human	47379
services determines that the franchise permit fee established by	47380
sections 5112.30 to 5112.39 of the Revised Code would be an	47381
impermissible health care-related tax under section 1903(w) of the	47382
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, ~~the~~	47383
~~department shall~~ take all necessary actions to cease	47384
implementation of those sections in accordance with rules adopted	47385
under section 5112.39 of the Revised Code.	47386

Sec. 5112.341. (A) In addition to assessing a penalty	47387
pursuant to section 5112.34 of the Revised Code, the department of	47388
job and family services may do either of the following if an	47389
intermediate care facility for the mentally retarded fails to pay	47390
the full amount of a franchise permit fee installment when due:	47391

(1) Withhold an amount equal to the installment and penalty	47392
assessed under section 5112.34 of the Revised Code from a medicaid	47393
payment due the facility until the facility pays the installment	47394
and penalty;	47395

(2) Terminate the facility's medicaid provider agreement.

47396

(B) The department may withhold a medicaid payment under	47397
division (A)(1) of this section without providing notice to the	47398
intermediate care facility for the mentally retarded and without	47399
conducting an adjudication under Chapter 119. of the Revised Code.	47400

Sec. 5115.20. (A) The department of job and family services	47401
shall establish a disability advocacy program and each county	47402
department of job and family services shall establish a disability	47403
advocacy program unit or join with other county departments of job	47404
and family services to establish a joint county disability	47405
advocacy program unit. Through the program the department and	47406
county departments shall cooperate in efforts to assist applicants	47407
for and recipients of assistance under the disability financial	47408
assistance program ~~and the disability medical assistance program,~~	47409
who might be eligible for supplemental security income benefits	47410
under Title XVI of the "Social Security Act," 86 Stat. 1475	47411
(1972), 42 U.S.C.A. 1383, as amended, in applying for those	47412
benefits.	47413

As part of their disability advocacy programs, the state	47414
department and county departments may enter into contracts for the	47415
services of persons and government entities that in the judgment	47416
of the department or county department have demonstrated expertise	47417
in representing persons seeking supplemental security income	47418
benefits. Each contract shall require the person or entity with	47419
which a department contracts to assess each person referred to it	47420
by the department to determine whether the person appears to be	47421
eligible for supplemental security income benefits, and, if the	47422
person appears to be eligible, assist the person in applying and	47423
represent the person in any proceeding of the social security	47424
administration, including any appeal or reconsideration of a	47425
denial of benefits. The department or county department shall	47426
provide to the person or entity with which it contracts all	47427
records in its possession relevant to the application for	47428
supplemental security income benefits. The department shall	47429
require a county department with relevant records to submit them	47430
to the person or entity.	47431

(B) Each applicant for or recipient of disability financial	47432
assistance ~~or disability medical assistance~~ who, in the judgment	47433
of the department or a county department might be eligible for	47434
supplemental security benefits, shall, as a condition of	47435
eligibility for assistance, apply for such benefits if directed to	47436
do so by the department or county department.	47437

(C) With regard to applicants for and recipients of	47438
disability financial assistance ~~or disability medical assistance~~,	47439
each county department of job and family services shall do all of	47440
the following:	47441

(1) Identify applicants and recipients who might be eligible	47442
for supplemental security income benefits;	47443

(2) Assist applicants and recipients in securing	47444
documentation of disabling conditions or refer them for such	47445
assistance to a person or government entity with which the	47446
department or county department has contracted under division (A)	47447
of this section;	47448

(3) Inform applicants and recipients of available sources of	47449
representation, which may include a person or government entity	47450
with which the department or county department has contracted	47451
under division (A) of this section, and of their right to	47452
represent themselves in reconsiderations and appeals of social	47453
security administration decisions that deny them supplemental	47454
security income benefits. The county department may require the	47455
applicants and recipients, as a condition of eligibility for	47456
assistance, to pursue reconsiderations and appeals of social	47457
security administration decisions that deny them supplemental	47458
security income benefits, and shall assist applicants and	47459
recipients as necessary to obtain such benefits or refer them to a	47460
person or government entity with which the department or county	47461
department has contracted under division (A) of this section.	47462

(4) Require applicants and recipients who, in the judgment of	47463
the county department, are or may be aged, blind, or disabled, to	47464
apply for medical assistance under Chapter 5111. of the Revised	47465
Code, make determinations when appropriate as to eligibility for	47466
medical assistance, and refer their applications when necessary to	47467
the disability determination unit established in accordance with	47468
division (F) of this section for expedited review;	47469

(5) Require each applicant and recipient who in the judgment	47470
of the department or the county department might be eligible for	47471
supplemental security income benefits, as a condition of	47472
eligibility for disability financial assistance ~~or disability~~	47473
~~medical assistance~~, to execute a written authorization for the	47474
secretary of health and human services to withhold benefits due	47475
that individual and pay to the director of job and family services	47476
or the director's designee an amount sufficient to reimburse the	47477
state and county shares of interim assistance furnished to the	47478
individual. For the purposes of division (C)(5) of this section,	47479
"benefits" and "interim assistance" have the meanings given in	47480
Title XVI of the "Social Security Act."	47481

(D) The director of job and family services shall adopt rules	47482
in accordance with section 111.15 of the Revised Code for the	47483
effective administration of the disability advocacy program. The	47484
rules shall include all of the following:	47485

(1) Methods to be used in collecting information from and	47486
disseminating it to county departments, including the following:	47487

(a) The number of individuals in the county who are disabled	47488
recipients of disability financial assistance ~~or disability~~	47489
~~medical assistance~~;	47490

(b) The final decision made either by the social security	47491
administration or by a court for each application or	47492
reconsideration in which an individual was assisted pursuant to	47493
this section.	47494

(2) The type and process of training to be provided by the	47495
department of job and family services to the employees of the	47496
county department of job and family services who perform duties	47497
under this section;	47498

(3) Requirements for the written authorization required by	47499
division (C)(5) of this section.	47500

(E) The department shall provide basic and continuing	47501
training to employees of the county department of job and family	47502
services who perform duties under this section. Training shall	47503
include but not be limited to all processes necessary to obtain	47504
federal disability benefits, and methods of advocacy.	47505

(F) The department shall establish a disability determination	47506
unit and develop guidelines for expediting reviews of applications	47507
for medical assistance under Chapter 5111. of the Revised Code for	47508
persons who have been referred to the unit under division (C)(4)	47509
of this section. The department shall make determinations of	47510
eligibility for medical assistance for any such person within the	47511
time prescribed by federal regulations.	47512

(G) The department may, under rules the director of job and	47513
family services adopts in accordance with section 111.15 of the	47514
Revised Code, pay a portion of the federal reimbursement described	47515
in division (C)(5) of this section to persons or government	47516
entities that assist or represent assistance recipients in	47517
reconsiderations and appeals of social security administration	47518
decisions denying them supplemental security income benefits.	47519

(H) The director shall conduct investigations to determine	47520
whether disability advocacy programs are being administered in	47521
compliance with the Revised Code and the rules adopted by the	47522
director pursuant to this section.	47523

Sec. 5115.22. (A) If a recipient of disability financial	47524
assistance ~~or disability medical assistance~~, or an individual	47525
whose income and resources are included in determining the	47526
recipient's eligibility for the assistance, becomes possessed of	47527
resources or income in excess of the amount allowed to retain	47528
eligibility, or if other changes occur that affect the recipient's	47529
eligibility or need for assistance, the recipient shall notify the	47530
state or county department of job and family services within the	47531
time limits specified in rules adopted by the director of job and	47532
family services in accordance with section 111.15 of the Revised	47533
Code. Failure of a recipient to report possession of excess	47534
resources or income or a change affecting eligibility or need	47535
within those time limits shall be considered prima-facie evidence	47536
of intent to defraud under section 5115.23 of the Revised Code.	47537

(B) As a condition of eligibility for disability financial	47538
assistance ~~or disability medical assistance~~, and as a means of	47539
preventing or reducing the provision of assistance at public	47540
expense, each applicant for or recipient of the assistance shall	47541
make reasonable efforts to secure support from persons responsible	47542
for the applicant's or recipient's support, and from other	47543
sources, including any federal program designed to provide	47544
assistance to individuals with disabilities. The state or county	47545
department of job and family services may provide assistance to	47546
the applicant or recipient in securing other forms of financial	47547
assistance.	47548

Sec. 5115.23. As used in this section, "erroneous payments"	47549
means disability financial assistance payments ~~or disability~~	47550
~~medical assistance payments~~ made to persons who are not entitled	47551
to receive them, including payments made as a result of	47552
misrepresentation or fraud, and payments made due to an error by	47553
the recipient or by the county department of job and family	47554
services that made the payment.	47555

The department of job and family services shall adopt rules	47556
in accordance with section 111.15 of the Revised Code specifying	47557
the circumstances under which action is to be taken under this	47558
section to recover erroneous payments. The department, or a county	47559
department of job and family services at the request of the	47560
department, shall take action to recover erroneous payments in the	47561
circumstances specified in the rules. The department or county	47562
department may institute a civil action to recover erroneous	47563
payments.	47564

Whenever disability financial assistance ~~or disability~~	47565
~~medical assistance~~ has been furnished to a recipient for whose	47566
support another person is responsible, the other person shall, in	47567
addition to the liability otherwise imposed, as a consequence of	47568
failure to support the recipient, be liable for all assistance	47569
furnished the recipient. The value of the assistance so furnished	47570
may be recovered in a civil action brought by the county	47571
department of job and family services.	47572

Each county department of job and family services shall	47573
retain fifty per cent of the erroneous payments it recovers under	47574
this section. The department of job and family services shall	47575
receive the remaining fifty per cent.	47576

Sec. 5119.61. Any provision in this chapter that refers to a	47577
board of alcohol, drug addiction, and mental health services also	47578
refers to the community mental health board in an alcohol, drug	47579
addiction, and mental health service district that has a community	47580
mental health board.	47581

The director of mental health with respect to all facilities	47582
and programs established and operated under Chapter 340. of the	47583
Revised Code for mentally ill and emotionally disturbed persons,	47584
shall do all of the following:	47585

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	47586
that may be necessary to carry out the purposes of Chapter 340.	47587
and sections 5119.61 to 5119.63 of the Revised Code.	47588

(1) The rules shall include all of the following:

47589

(a) Rules governing a community mental health agency's	47590
services under section 340.091 of the Revised Code to an	47591
individual referred to the agency under division (C)(2) of section	47592
173.35 of the Revised Code;	47593

(b) For the purpose of division (A)(16) of section 340.03 of	47594
the Revised Code, rules governing the duties of mental health	47595
agencies and boards of alcohol, drug addiction, and mental health	47596
services under section 3722.18 of the Revised Code regarding	47597
referrals of individuals with mental illness or severe mental	47598
disability to adult care facilities and effective arrangements for	47599
ongoing mental health services for the individuals. The rules	47600
shall do at least the following:	47601

(i) Provide for agencies and boards to participate fully in	47602
the procedures owners and managers of adult care facilities must	47603
follow under division (A)(2) of section 3722.18 of the Revised	47604
Code;	47605

(ii) Specify the manner in which boards are accountable for	47606
ensuring that ongoing mental health services are effectively	47607
arranged for individuals with mental illness or severe mental	47608
disability who are referred by the board or mental health agency	47609
under contract with the board to an adult care facility.	47610

(c) Rules governing a board of alcohol, drug addiction, and	47611
mental health services when making a report to the director of	47612
health under section 3722.17 of the Revised Code regarding the	47613
quality of care and services provided by an adult care facility to	47614
a person with mental illness or a severe mental disability.	47615

(2) Rules may be adopted to govern the method of paying a	47616
community mental health facility, as defined in section ~~5111.022~~	47617
5111.023 of the Revised Code, for providing services listed in	47618
division (B) of that section. Such rules must be consistent with	47619
the contract entered into between the departments of job and	47620
family services and mental health under section 5111.91 of the	47621
Revised Code and include requirements ensuring appropriate service	47622
utilization.	47623

(B) Review and evaluate, and, taking into account the	47624
findings and recommendations of the board of alcohol, drug	47625
addiction, and mental health services of the district served by	47626
the program and the requirements and priorities of the state	47627
mental health plan, including the needs of residents of the	47628
district now residing in state mental institutions, approve and	47629
allocate funds to support community programs, and make	47630
recommendations for needed improvements to boards of alcohol, drug	47631
addiction, and mental health services;	47632

(C) Withhold state and federal funds for any program, in	47633
whole or in part, from a board of alcohol, drug addiction, and	47634
mental health services in the event of failure of that program to	47635
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	47636
or 5119.62 of the Revised Code or rules of the department of	47637
mental health. The director shall identify the areas of	47638
noncompliance and the action necessary to achieve compliance. The	47639
director shall offer technical assistance to the board to achieve	47640
compliance. The director shall give the board a reasonable time	47641
within which to comply or to present its position that it is in	47642
compliance. Before withholding funds, a hearing shall be conducted	47643
to determine if there are continuing violations and that either	47644
assistance is rejected or the board is unable to achieve	47645
compliance. Subsequent to the hearing process, if it is determined	47646
that compliance has not been achieved, the director may allocate	47647
all or part of the withheld funds to a public or private agency to	47648
provide the services not in compliance until the time that there	47649
is compliance. The director shall establish rules pursuant to	47650
Chapter 119. of the Revised Code to implement this division.	47651

(D) Withhold state or federal funds from a board of alcohol,	47652
drug addiction, and mental health services that denies available	47653
service on the basis of religion, race, color, creed, sex,	47654
national origin, age, disability as defined in section 4112.01 of	47655
the Revised Code, developmental disability, or the inability to	47656
pay;	47657

(E) Provide consultative services to community mental health	47658
agencies with the knowledge and cooperation of the board of	47659
alcohol, drug addiction, and mental health services;	47660

(F) Provide to boards of alcohol, drug addiction, and mental	47661
health services state or federal funds, in addition to those	47662
allocated under section 5119.62 of the Revised Code, for special	47663
programs or projects the director considers necessary but for	47664
which local funds are not available;	47665

(G) Establish criteria by which a board of alcohol, drug	47666
addiction, and mental health services reviews and evaluates the	47667
quality, effectiveness, and efficiency of services provided	47668
through its community mental health plan. The criteria shall	47669
include requirements ensuring appropriate service utilization. The	47670
department shall assess a board's evaluation of services and the	47671
compliance of each board with this section, Chapter 340. or	47672
section 5119.62 of the Revised Code, and other state or federal	47673
law and regulations. The department, in cooperation with the	47674
board, periodically shall review and evaluate the quality,	47675
effectiveness, and efficiency of services provided through each	47676
board. The department shall collect information that is necessary	47677
to perform these functions.	47678

(H) Develop and operate a community mental health information	47679
system.	47680

Boards of alcohol, drug abuse, and mental health services	47681
shall submit information requested by the department in the form	47682
and manner prescribed by the department. Information collected by	47683
the department shall include, but not be limited to, all of the	47684
following:	47685

(1) Information regarding units of services provided in whole	47686
or in part under contract with a board, including diagnosis and	47687
special needs, demographic information, the number of units of	47688
service provided, past treatment, financial status, and service	47689
dates in accordance with rules adopted by the department in	47690
accordance with Chapter 119. of the Revised Code;	47691

(2) Financial information other than price or price-related	47692
data regarding expenditures of boards and community mental health	47693
agencies, including units of service provided, budgeted and actual	47694
expenses by type, and sources of funds.	47695

Boards shall submit the information specified in division	47696
(H)(1) of this section no less frequently than annually for each	47697
client, and each time the client's case is opened or closed. The	47698
department shall not collect any information for the purpose of	47699
identifying by name any person who receives a service through a	47700
board of alcohol, drug addiction, and mental health services,	47701
except as required by state or federal law to validate appropriate	47702
reimbursement. For the purposes of division (H)(1) of this	47703
section, the department shall use an identification system that is	47704
consistent with applicable nationally recognized standards.	47705

(I) Review each board's community mental health plan	47706
submitted pursuant to section 340.03 of the Revised Code and	47707
approve or disapprove it in whole or in part. Periodically, in	47708
consultation with representatives of boards and after considering	47709
the recommendations of the medical director, the director shall	47710
issue criteria for determining when a plan is complete, criteria	47711
for plan approval or disapproval, and provisions for conditional	47712
approval. The factors that the director considers may include, but	47713
are not limited to, the following:	47714

(1) The mental health needs of all persons residing within	47715
the board's service district, especially severely mentally	47716
disabled children, adolescents, and adults;	47717

(2) The demonstrated quality, effectiveness, efficiency, and	47718
cultural relevance of the services provided in each service	47719
district, the extent to which any services are duplicative of	47720
other available services, and whether the services meet the needs	47721
identified above;	47722

(3) The adequacy of the board's accounting for the	47723
expenditure of funds.	47724

If the director disapproves all or part of any plan, the	47725
director shall provide the board an opportunity to present its	47726
position. The director shall inform the board of the reasons for	47727
the disapproval and of the criteria that must be met before the	47728
plan may be approved. The director shall give the board a	47729
reasonable time within which to meet the criteria, and shall offer	47730
technical assistance to the board to help it meet the criteria.	47731

If the approval of a plan remains in dispute thirty days	47732
prior to the conclusion of the fiscal year in which the board's	47733
current plan is scheduled to expire, the board or the director may	47734
request that the dispute be submitted to a mutually agreed upon	47735
third-party mediator with the cost to be shared by the board and	47736
the department. The mediator shall issue to the board and the	47737
department recommendations for resolution of the dispute. Prior to	47738
the conclusion of the fiscal year in which the current plan is	47739
scheduled to expire, the director, taking into consideration the	47740
recommendations of the mediator, shall make a final determination	47741
and approve or disapprove the plan, in whole or in part.	47742

Sec. 5120.09. Under the supervision and control of the	47743
director of rehabilitation and correction, the division of	47744
business administration shall do all of the following:	47745

(A) Submit the budgets for the several divisions of the	47746
department of rehabilitation and correction, as prepared by the	47747
respective chiefs of those divisions, to the director. The	47748
director, with the assistance of the chief of the division of	47749
business administration, shall compile a departmental budget that	47750
contains all proposals submitted by the chiefs of the divisions	47751
and shall forward the departmental budget to the governor with	47752
comments and recommendations that the director considers	47753
necessary.	47754

(B) Maintain accounts and records and compile statistics that	47755
the director prescribes;	47756

(C) Under the control of the director, coordinate and make	47757
the necessary purchases and requisitions for the department and	47758
its divisions, except as provided under section 5119.16 of the	47759
Revised Code;	47760

(D) Administer within this state federal criminal justice	47761
acts that the governor requires the department to administer. In	47762
order to improve the criminal justice system of this state, the	47763
division of business administration shall apply for, allocate,	47764
disburse, and account for grants that are made available pursuant	47765
to those federal criminal justice acts and grants that are made	47766
available from other federal government sources, state government	47767
sources, or private sources. As used in this division, "criminal	47768
justice system" and "federal criminal justice acts" have the same	47769
meanings as in section ~~181.51~~5502.61 of the Revised Code.	47770

(E) Audit the activities of governmental entities, persons as	47771
defined in section 1.59 of the Revised Code, and other types of	47772
nongovernmental entities that are financed in whole or in part by	47773
funds that the department allocates or disburses and that are	47774
derived from grants described in division (D) of this section;	47775

(F) Enter into contracts, including contracts with federal,	47776
state, or local governmental entities, persons as defined in	47777
section 1.59 of the Revised Code, foundations, and other types of	47778
nongovernmental entities, that are necessary for the department to	47779
carry out its duties and that neither the director nor another	47780
section of the Revised Code authorizes another division of the	47781
department to enter;	47782

(G) Exercise other powers and perform other duties that the	47783
director may assign to the division of business administration.	47784

Sec. 5120.16. (A) Persons sentenced to any institution,	47785
division, or place under the control of the department of	47786
rehabilitation and correction are committed to the control, care,	47787
and custody of the department. Subject to division (B) of this	47788
section, the director of rehabilitation and correction or the	47789
director's designee may direct that persons sentenced to the	47790
department, or to any institution or place within the department,	47791
shall be conveyed initially to an appropriate facility established	47792
and maintained by the department for reception, examination,	47793
observation, and classification of the persons so sentenced. If a	47794
presentence investigation report was not prepared pursuant to	47795
section 2947.06 or 2951.03 of the Revised Code or Criminal Rule	47796
32.2 regarding any person sentenced to the department or to any	47797
institution or place within the department, the director or the	47798
director's designee may order the department's field staff to	47799
conduct an offender background investigation and prepare an	47800
offender background investigation report regarding the person. The	47801
investigation and report shall be conducted in accordance with	47802
division (A) of section 2951.03 of the Revised Code and the report	47803
shall contain the same information as a presentence investigation	47804
report prepared pursuant to that section.	47805

When the examination, observation, and classification of the	47806
person have been completed by the facility and a written report of	47807
the examination, observation, and classification is filed with the	47808
commitment papers, the director or the director's designee,	47809
subject to division (B) of this section, shall assign the person	47810
to a suitable state institution or place maintained by the state	47811
within the director's department or shall designate that the	47812
person is to be housed in a county, multicounty, municipal,	47813
municipal-county, or multicounty-municipal jail or workhouse, if	47814
authorized by section 5120.161 of the Revised Code, there to be	47815
confined, cared for, treated, trained, and rehabilitated until	47816
paroled, released in accordance with section 2929.20, 2967.24,	47817
2967.26, or 2967.28 of the Revised Code, or otherwise released	47818
under the order of the court that imposed the person's sentence.	47819
No person committed by a probate court, a trial court pursuant to	47820
section 2945.40, 2945.401, or 2945.402 of the Revised Code	47821
subsequent to a finding of not guilty by reason of insanity, or a	47822
juvenile court shall be assigned to a state correctional	47823
institution.	47824

If a person is sentenced, committed, or assigned for the	47825
commission of a felony to any one of the institutions or places	47826
maintained by the department or to a county, multicounty,	47827
municipal, municipal-county, or multicounty-municipal jail or	47828
workhouse, the department, by order duly recorded and subject to	47829
division (B) of this section, may transfer the person to any other	47830
institution, or, if authorized by section 5120.161 of the Revised	47831
Code, to a county, multicounty, municipal, municipal-county, or	47832
multicounty-municipal jail or workhouse.	47833

(B) If the case of a child who is alleged to be a delinquent	47834
child is transferred for criminal prosecution to the appropriate	47835
court having jurisdiction of the offense pursuant to section	47836
2152.12 of the Revised Code, if the child is convicted of or	47837
pleads guilty to a felony in that case, if the child is sentenced	47838
to a prison term, as defined in section 2901.01 of the Revised	47839
Code, and if the child is under eighteen years of age when	47840
delivered to the custody of the department of rehabilitation and	47841
correction, all of the following apply regarding the housing of	47842
the child:	47843

(1) Until the child attains eighteen years of age, subject to	47844
divisions (B)(2), (3), and (4) of this section, the department	47845
shall house the child in a housing unit in a state correctional	47846
institution separate from inmates who are eighteen years of age or	47847
older.	47848

(2) The department is not required to house the child in the	47849
manner described in division (B)(1) of this section if the child	47850
does not observe the rules and regulations of the institution or	47851
the child otherwise creates a security risk by being housed	47852
separately.	47853

(3) If the department receives too few inmates who are under	47854
eighteen years of age to fill a housing unit in a state	47855
correctional institution separate from inmates who are eighteen	47856
years of age or older, as described in division (B)(1) of this	47857
section, the department may house the child in a housing unit in a	47858
state correctional institution that includes both inmates who are	47859
under eighteen years of age and inmates who are eighteen years of	47860
age or older and under twenty-one years of age.	47861

(4) Upon the child's attainment of eighteen years of age, the	47862
department may house the child with the adult population of the	47863
state correctional institution.	47864

(C) The director or the director's designee shall develop a	47865
policy for dealing with problems related to infection with the	47866
human immunodeficiency virus. The policy shall include methods of	47867
identifying individuals committed to the custody of the department	47868
who are at high risk of infection with the virus and counseling	47869
those individuals.	47870

Arrangements for housing individuals diagnosed as having AIDS	47871
or an AIDS-related condition shall be made by the department based	47872
on security and medical considerations and in accordance with	47873
division (B) of this section, if applicable.	47874

Sec. 5120.48. (A) If a prisoner escapes from a state	47875
correctional institution, the managing officer of the institution,	47876
after consultation with and upon the advice of appropriate law	47877
enforcement officials, shall assign and deploy into the community	47878
appropriate staff persons necessary to apprehend the prisoner.	47879
Correctional officers and officials may carry firearms when	47880
required in the discharge of their duties in apprehending, taking	47881
into custody, or transporting to a place of confinement a prisoner	47882
who has escaped from a state correctional institution.	47883

(B) If a prisoner is released from a state correctional	47884
institution prior to the lawful end of the person's prison term or	47885
term of imprisonment, whether by error, inadvertence, fraud, or	47886
any other cause except a lawful parole, a release pursuant to	47887
section 2967.24 of the Revised Code, or a judicial release granted	47888
pursuant to section 2929.20 of the Revised Code, the managing	47889
officer of the institution, after consulting with the bureau of	47890
sentence computation, shall notify the chief of the adult parole	47891
authority, the office of victim services of the division of parole	47892
and community services, and the sentencing court of the mistaken	47893
release. Upon the direction of the chief, or the chief's designee,	47894
field officers of the authority may arrest the prisoner without a	47895
warrant and return the prisoner to the state correctional	47896
institution to complete the balance of the prisoner's sentence.	47897
The chief of the adult parole authority, or the chief's designee,	47898
may require the assistance of any peace officer or law enforcement	47899
officer in the apprehension of a prisoner of that nature.	47900

Sec. 5120.51. (A)(1) If the director of rehabilitation and	47901
correction determines that a bill introduced in the general	47902
assembly is likely to have a significant impact on the population	47903
of, or the cost of operating, any or all state correctional	47904
institutions under the administration of the department of	47905
rehabilitation and correction, the department shall prepare a	47906
population and cost impact statement for the bill, in accordance	47907
with division (A)(2) of this section.	47908

(2) A population and cost impact statement required for a	47909
bill ~~nshall~~shall estimate the increase or decrease in the	47910
correctional institution population that likely would result if	47911
the bill were enacted, shall estimate, in dollars, the amount by	47912
which revenues or expenditures likely would increase or decrease	47913
if the bill were enacted, and briefly shall explain each of the	47914
estimates.	47915

A population and cost impact statement required for a bill	47916
initially shall be prepared after the bill is referred to a	47917
committee of the general assembly in the house of origination but	47918
before the meeting of the committee at which the committee is	47919
scheduled to vote on whether to recommend the bill for passage. A	47920
copy of the statement shall be distributed to each member of the	47921
committee that is considering the bill and to the member of the	47922
general assembly who introduced it. If the bill is recommended for	47923
passage by the committee, the department shall update the	47924
statement before the bill is taken up for final consideration by	47925
the house of origination. A copy of the updated statement shall be	47926
distributed to each member of that house and to the member of the	47927
general assembly who introduced the bill. If the bill is passed by	47928
the house of origination and is introduced in the second house,	47929
the provisions of this division concerning the preparation,	47930
updating, and distribution of the statement in the house of	47931
origination also apply in the second house.	47932

(B) The governor or any member of the general assembly, at	47933
any time, may request the department to prepare a population and	47934
cost impact statement for any bill introduced in the general	47935
assembly. Upon receipt of a request, the department promptly shall	47936
prepare a statement that includes the estimates and explanations	47937
described in division (A)(2) of this section and present a copy of	47938
it to the governor or member who made the request.	47939

(C) In the preparation of a population and cost impact	47940
statement required by division (A) or (B) of this section, the	47941
department shall use a technologically sophisticated system	47942
capable of estimating future state correctional institution	47943
populations. The system shall have the capability to adjust its	47944
estimates based on actual and proposed changes in sentencing laws	47945
and trends, sentence durations, parole rates, crime rates, and any	47946
other data that affect state correctional institution populations.	47947
The department, in conjunction with the advisory committee	47948
appointed under division (E) of this section, shall review and	47949
update the data used in the system, not less than once every six	47950
months, to improve the accuracy of the system.	47951

(D) At least once every six months, the department shall	47952
provide to the correctional institution inspection committee a	47953
copy of the estimates of state correctional institution	47954
populations obtained through use of the system described in	47955
division (C) of this section and a description of the assumptions	47956
regarding sentencing laws and trends, sentence durations, parole	47957
rates, crime rates, and other relevant data that were made by the	47958
department to obtain the estimates. Additionally, a copy of the	47959
estimates and a description of the assumptions made to obtain them	47960
shall be provided, upon reasonable request, to other legislative	47961
staff, including the staff of the legislative service commission	47962
~~and the legislative budget office of the legislative service~~	47963
~~commission~~, to the office of budget and management, and to the	47964
~~office~~division of criminal justice services in the department of	47965
public safety.	47966

(E) The correctional institution inspection committee shall	47967
appoint an advisory committee to review the operation of the	47968
system for estimating future state correctional institution	47969
populations that is used by the department in the preparation of	47970
population cost impact statements pursuant to this section and to	47971
join with the department in its reviews and updating of the data	47972
used in the system under division (C) of this section. The	47973
advisory committee shall be comprised of at least one prosecuting	47974
attorney, at least one common pleas court judge, at least one	47975
public defender, at least one person who is a member or staff	47976
employee of the committee, and at least one representative of the	47977
~~office~~division of criminal justice services in the department of	47978
public safety.	47979

~~Sec. 5121.03.~~ Sec. 5121.01. As used in ~~this chapter~~sections	47980
5121.01 to 5121.21 of the Revised Code:	47981

(A) ~~Patient means a person receiving care or treatment in a~~	47982
~~program or facility that provides services to mentally ill~~	47983
~~individuals.~~	47984

~~(B)~~"The department" means the department of mental health or	47985
the department of mental retardation and developmental	47986
disabilities, whichever provides care or treatment to the ~~patient~~	47987
recipient or resident.	47988

~~(C)~~(B) "Resident" means a person admitted to an institution	47989
or other facility pursuant to Chapter 5123. of the Revised Code	47990
who is under observation or receiving habilitation and care in an	47991
institution for the mentally retarded.	47992

(C) "Community mental health services recipient" or	47993
"recipient" means a person receiving state-operated community	47994
mental health services.	47995

(D) "State-operated community mental health services" means	47996
community-based services the department of mental health operates	47997
for a board of alcohol, drug addiction, and mental health services	47998
pursuant to a community mental health plan approved under division	47999
(A)(1)(c) of section 340.03 of the Revised Code.	48000

(E) "Applicable cost" means the rate for support applicable	48001
to a ~~patient or~~ resident or recipient as specified in this	48002
section.	48003

The cost for support of ~~patients in hospitals and~~ residents	48004
in institutions under the jurisdiction of ~~the department of mental~~	48005
~~health or~~ the department of mental retardation and developmental	48006
disabilities, and of residents in private facilities or homes	48007
whose care or treatment is being paid for by the department of	48008
mental retardation and developmental disabilities, shall be based	48009
on the average per capita cost of the care and treatment of such	48010
~~patients or~~ residents. The cost of services for ~~mentally ill~~	48011
~~patients or~~ mentally retarded residents shall be computed using	48012
the projected average daily per capita cost at the ~~hospital or~~	48013
institution, or at the discretion of the department under the	48014
jurisdiction of which the ~~hospital or~~ institution is operated, the	48015
subunit thereof in which services are provided. Such costs shall	48016
be computed at least annually for the next prospective period	48017
using generally accepted governmental accounting principles. The	48018
cost of services for mentally retarded residents that are being	48019
cared for and maintained in a private facility or home under the	48020
supervision of the department of mental retardation and	48021
developmental disabilities regional offices and for which a	48022
purchase of services contract is being paid to the private	48023
facility or home by the department shall not be more than the per	48024
diem cost of the contract. The cost of services for a resident	48025
receiving pre-admission care, after-care, day-care, or routine	48026
consultation and treatment services in a community service unit	48027
under the jurisdiction of the department, shall be computed on the	48028
basis of the average cost of such services at the institution at	48029
which they are provided.	48030

The cost for support of a ~~patient receiving~~recipient of	48031
state-operated community mental health services is an amount	48032
determined using guidelines the department of mental health shall	48033
issue. The guidelines shall be based on cost-findings and	48034
rate-settings applicable to such services.	48035

The appropriate department shall annually determine the	48036
ability to pay of a ~~patient or~~ resident, recipient, or the	48037
~~patient's or~~ resident's or recipient's liable relatives and the	48038
amount that such person shall pay in accordance with section	48039
5121.04 of the Revised Code.	48040

Collections of support payments shall be made by the	48041
department of mental health and the department of mental	48042
retardation and developmental disabilities and, subject to meeting	48043
prior requirements for payment and crediting of such collections	48044
and other available receipts, in accordance with the bond	48045
proceedings applicable to obligations issued pursuant to section	48046
154.20 of the Revised Code, such collections and other available	48047
receipts designated by the director of the department of mental	48048
health and the director of the department of mental retardation	48049
and developmental disabilities for deposit in the special	48050
accounts, together with insurance contract payments provided for	48051
in division (B)(8) of section 5121.04 of the Revised Code, shall	48052
be remitted to the treasurer of state for deposit in the state	48053
treasury to the credit of the mental health operating fund and the	48054
mental retardation operating fund, which are hereby created, to be	48055
used for the general purposes of the department of mental health	48056
and the department of mental retardation and developmental	48057
disabilities. The department of mental health shall make refunds	48058
of overpayment of support charges from the mental health operating	48059
fund, and the department of mental retardation and developmental	48060
disabilities shall make refunds of overpayment of support charges	48061
from the mental retardation operating fund.	48062

~~Sec. 5121.01.~~ Sec. 5121.02. All ~~patients or~~ residents ~~of a~~	48063
~~benevolent~~admitted to an institution,or facility pursuant to	48064
Chapter 5123. of the Revised Code shall be maintained at the	48065
expense of the state. Their traveling and incidental expenses in	48066
conveying them to the institution or facility shall be paid by the	48067
county of commitment. Upon admission, the ~~patients or~~ residents	48068
shall be neatly and comfortably clothed. Thereafter, the expense	48069
of necessary clothing shall be borne by the responsible relatives	48070
or guardian if they are financially able. If not furnished, the	48071
state shall bear the expense. Any required traveling expense after	48072
admission to the institution or facility shall be borne by the	48073
state if the responsible relatives or guardian are unable to do	48074
so.	48075

~~Sec. 5121.02.~~ Sec. 5121.03. When any person is committed to an	48076
institution under the jurisdiction of ~~the department of mental~~	48077
~~health or~~ the department of mental retardation and developmental	48078
disabilities pursuant to judicial proceedings, the judge ordering	48079
such commitment shall:	48080

(A) Make a reliable report on the financial condition of such	48081
person and of each of the relatives of the person who are liable	48082
for ~~his~~the person's support, as provided in section 5121.06 of	48083
the Revised Code and rules and procedures agreed upon by ~~the~~	48084
~~director of mental health and~~ the director of mental retardation	48085
and developmental disabilities;	48086

(B) Certify to the managing officer of such institution, and	48087
the managing officer shall thereupon enter upon ~~his~~the managing	48088
officer's records the name and address of any guardian appointed	48089
and of any relative liable for such person's support under section	48090
5121.06 of the Revised Code.	48091

Sec. 5121.04. (A) The ~~department of mental health and the~~	48092
department of mental retardation and developmental disabilities	48093
shall investigate the financial condition of the ~~patients in~~	48094
~~hospitals and~~ residents in institutions, residents whose care or	48095
treatment is being paid for in a private facility or home under	48096
the control of the department of mental retardation and	48097
developmental disabilities, and of the relatives named in section	48098
5121.06 of the Revised Code as liable for the support of such	48099
~~patients or~~ residents, in order to determine the ability of any	48100
~~patient,~~ resident, or ~~such~~ relatives of residents to pay for the	48101
support of the ~~patient or~~ resident and to provide suitable	48102
clothing as required by the superintendent of the institution.	48103

The department of mental health shall investigate the	48104
financial condition of ~~patients receiving state-operated community~~	48105
~~mental health services~~recipients and of the liable relatives of	48106
recipients to determine the ~~patient's~~recipient's or relative's	48107
ability to pay for the ~~patient's~~recipient's support. In all	48108
cases, in determining ability to pay and the amount to be charged,	48109
due regard shall be had for others who may be dependent for	48110
support upon such relatives or the estate of the ~~patient~~	48111
recipient.	48112

(B) The department shall follow the provisions of this	48113
division in determining the ability to pay of a ~~patient or~~	48114
resident or recipient or the ~~patient's or~~ resident's or	48115
recipient's liable relatives and the amount to be charged such	48116
~~patient or~~ resident, recipient, or liable relatives.	48117

(1) Subject to divisions (B)(10) and (11) of this section, a	48118
~~patient or~~ resident or recipient without dependents shall be	48119
liable for the full applicable cost. A ~~patient or~~ resident or	48120
recipient without dependents who has a gross annual income equal	48121
to or exceeding the sum of the full applicable cost, plus fifty	48122
dollars per month, regardless of the source of such income, shall	48123
pay currently the full amount of the applicable cost; if the	48124
~~patient's or~~ resident's or recipient's gross annual income is less	48125
than such sum, not more than fifty dollars per month shall be kept	48126
for personal use by or on behalf of the ~~patient or~~ resident or	48127
recipient, except as permitted in the state plan for providing	48128
medical assistance under Title XIX of the "Social Security Act,"	48129
49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the balance	48130
shall be paid currently on the ~~patient's or~~ resident's or	48131
recipient's support. Subject to divisions (B)(10) and (11) of this	48132
section, the estate of a ~~patient or~~ resident or recipient without	48133
dependents shall pay currently any remaining difference between	48134
the applicable cost and the amounts prescribed in this section, or	48135
shall execute an agreement with the department for payment to be	48136
made at some future date under terms suitable to the department.	48137
However, no security interest, mortgage, or lien shall be taken,	48138
granted, or charged against any principal residence of a ~~patient~~	48139
or resident or recipient without dependents under an agreement or	48140
otherwise to secure support payments, and no foreclosure actions	48141
shall be taken on security interests, mortgages, or liens taken,	48142
granted, or charged against principal residences of ~~patients or~~	48143
residents or recipients prior to October 7, 1977.	48144

(2) The ability to pay of a ~~patient or~~ resident or recipient	48145
with dependents, or of a liable relative of a ~~patient or~~ resident	48146
or recipient either with or without dependents, shall be	48147
determined in accordance with the ~~patient's,~~ resident's,	48148
recipient's, or liable relative's income or other assets, the	48149
needs of others who are dependent on such income and other assets	48150
for support, and, if applicable, divisions (B)(10) and (11) of	48151
this section.	48152

For the first thirty days of care and treatment of each	48153
admission and for the first thirty days of care and treatment from	48154
state-operated community mental health services, but in no event	48155
for more than thirty days in any calendar year, the ~~mentally ill~~	48156
~~patient or mentally retarded~~ resident or recipient with dependents	48157
or the liable relative of a ~~mentally ill patient or a mentally~~	48158
~~retarded~~ resident or recipient either with or without dependents	48159
shall be charged an amount equal to the percentage of the average	48160
applicable cost determined in accordance with the schedule of	48161
adjusted gross annual income contained after this paragraph. After	48162
such first thirty days of care and treatment, such ~~mentally ill~~	48163
~~patient or mentally retarded~~ resident, recipient, or such liable	48164
relative shall be charged an amount equal to the percentage of a	48165
base support rate of four dollars per day for ~~mentally ill~~	48166
~~patients and mentally retarded~~ residents or recipients, as	48167
determined in accordance with the schedule of gross annual income	48168
contained after this paragraph, or in accordance with division	48169
(B)(5) of this section. Beginning January 1, 1978, the department	48170
shall increase the base rate when the consumer price index average	48171
is more than 4.0 for the preceding calendar year by not more than	48172
the average for such calendar year.	48173

Adjusted Gross Annual		48174
Income of Patient or Resident		48175
or Liable Relative (FN a)	Number of Dependents (FN b)	48176

								8 or	48177
	1	2	3	4	5	6	7	more	48178
	Rate of Support (In Percentages)								48179
$15,000 or less	--	--	--	--	--	--	--	--	48180
15,001 to 17,500	20	--	--	--	--	--	--	--	48181
17,501 to 20,000	25	20	--	--	--	--	--	--	48182
20,001 to 21,000	30	25	20	--	--	--	--	--	48183
21,001 to 22,000	35	30	25	20	--	--	--	--	48184
22,001 to 23,000	40	35	30	25	20	--	--	--	48185
23,001 to 24,000	45	40	35	30	25	20	--	--	48186
24,001 to 25,000	50	45	40	35	30	25	20	--	48187
25,001 to 26,000	55	50	45	40	35	30	25	20	48188
26,001 to 27,000	60	55	50	45	40	35	30	25	48189
27,001 to 28,000	70	60	55	50	45	40	35	30	48190
28,001 to 30,000	80	70	60	55	50	45	40	35	48191
30,001 to 40,000	90	80	70	60	55	50	45	40	48192
40,001 and over	100	90	80	70	60	55	50	45	48193

Footnote a. The ~~patient or~~ resident, recipient, or relative	48194
shall furnish a copy of the ~~patient's,~~ resident's, recipient's, or	48195
relative's federal income tax return as evidence of gross annual	48196
income.	48197

Footnote b. The number of dependents includes the liable	48198
relative but excludes ~~the patient or~~a resident in ~~the hospital or~~	48199
an institution. "Dependent" includes any person who receives more	48200
than half the person's support from the ~~patient~~resident,	48201
recipient, or the ~~patient's~~resident's or recipient's liable	48202
relative.	48203

(3) A ~~patient or~~ resident, recipient, or liable relative	48204
having medical, funeral, or related expenses in excess of four per	48205
cent of the adjusted gross annual income, which expenses were not	48206
covered by insurance, may adjust such gross annual income by	48207
reducing the adjusted gross annual income by the full amount of	48208
such expenses. Proof of such expenses satisfactory to the	48209
department must be furnished.	48210

(4) Additional dependencies may be claimed if:

48211

(a) The liable relative is blind;

48212

(b) The liable relative is over sixty-five;

48213

(c) A child is a college student with expenses in excess of	48214
fifty dollars per month;	48215

(d) The services of a housekeeper, costing in excess of fifty	48216
dollars per month, are required if the person who normally keeps	48217
house for minor children is the ~~patient or~~ resident or recipient.	48218

(5) If with respect to any ~~patient or~~ resident or recipient	48219
with dependents there is chargeable under division (B)(2) of this	48220
section less than fifty per cent of the applicable cost or, if the	48221
base support rate was used, less than fifty per cent of the amount	48222
determined by use of the base support rate, and if with respect to	48223
such ~~patient or~~ resident or recipient there is a liable relative	48224
who has an estate having a value in excess of fifteen thousand	48225
dollars or if such ~~patient or~~ resident or recipient has a	48226
dependent and an estate having a value in excess of fifteen	48227
thousand dollars, there shall be paid with respect to such ~~patient~~	48228
or resident or recipient a total of fifty per cent of the	48229
applicable cost or the base support rate amount, as the case may	48230
be, on a current basis or there shall be executed with respect to	48231
such ~~patient or~~ resident or recipient an agreement with the	48232
department for payment to be made at some future date under terms	48233
suitable to the department.	48234

(6) When a person has been a ~~patient or~~ resident or recipient	48235
for fifteen years and the support charges for which a relative is	48236
liable have been paid for the fifteen-year period, the liable	48237
relative shall be relieved of any further support charges.	48238

(7) The department shall accept voluntary payments from	48239
~~patients or~~ residents, recipients, or liable relatives whose	48240
incomes are below the minimum shown in the schedule set forth in	48241
this division. The department also shall accept voluntary payments	48242
in excess of required amounts from both liable and nonliable	48243
relatives.	48244

(8) If a ~~patient or~~ resident or recipient is covered by an	48245
insurance policy, or other contract that provides for payment of	48246
expenses for care and treatment for mental illness or mental	48247
retardation at or from an institution,or facility (including a	48248
~~hospital or~~ community service unit under the jurisdiction of the	48249
department), or state-operated community mental health service,	48250
the other provisions of this section, except divisions (B)(8),	48251
(10), and (11) of this section, and of section ~~5121.03~~5121.01 of	48252
the Revised Code shall be suspended to the extent that such	48253
insurance policy or other contract is in force, and such ~~patient~~	48254
or resident or recipient shall be charged the full amount of the	48255
applicable cost. Any insurance carrier or other third party payor	48256
providing coverage for such care and treatment shall pay for this	48257
support obligation in an amount equal to the lesser of either the	48258
applicable cost or the benefits provided under the policy or other	48259
contract. Whether or not an insured, owner of, or other person	48260
having an interest in such policy or other contract is liable for	48261
support payments under other provisions of this chapter, the	48262
insured, policy owner, or other person shall assign payment	48263
directly to the department of all assignable benefits under the	48264
policy or other contract and shall pay over to the department,	48265
within ten days of receipt, all insurance or other benefits	48266
received as reimbursement or payment for expenses incurred by the	48267
~~patient or~~ resident or recipient or for any other reason. If the	48268
insured, policy owner, or other person refuses to assign such	48269
payment to the department or refuses to pay such received	48270
reimbursements or payments over to the department within ten days	48271
of receipt, the insured's, policy owners', or other person's total	48272
liability for the services equals the applicable statutory	48273
liability for payment for the services as determined under other	48274
provisions of this chapter, plus the amounts payable under the	48275
terms of the policy or other contract. In no event shall this	48276
total liability exceed the full amount of the applicable cost.	48277
Upon its request, the department is entitled to a court order that	48278
compels the insured, owner of, or other person having an interest	48279
in the policy or other contract to comply with the assignment	48280
requirements of this division or that itself serves as a legally	48281
sufficient assignment in compliance with such requirements.	48282
Notwithstanding section 5122.31 of the Revised Code and any other	48283
law relating to confidentiality of records, the managing officer	48284
of the institution or facility where a person is or has been a	48285
~~patient o~~r resident, or the managing officer of the state-operated	48286
community mental health services from which the ~~patient~~recipient	48287
receives services, shall disclose pertinent medical information	48288
concerning the ~~patient or~~ resident or recipient to the insurance	48289
carrier or other third party payor in question, in order to effect	48290
collection from the carrier or payor of the state's claim for care	48291
and treatment under this division. For such disclosure, the	48292
managing officer is not subject to any civil or criminal	48293
liability.	48294

(9) The rate to be charged for pre-admission care,	48295
after-care, day-care, or routine consultation and treatment	48296
services shall be based upon the ability of the ~~patient or~~	48297
resident or the ~~patient's or~~ resident's liable relatives to pay.	48298
When it is determined by the department that a charge shall be	48299
made, such charge shall be computed as provided in divisions	48300
(B)(1) and (2) of this section.	48301

(10) If a ~~patient or~~ resident or recipient with or without	48302
dependents is the beneficiary of a trust created pursuant to	48303
section 1339.51 of the Revised Code, then, notwithstanding any	48304
contrary provision of this chapter or of a rule adopted pursuant	48305
to this chapter, divisions (C) and (D) of that section shall apply	48306
in determining the assets or resources of the ~~patient or~~ resident,	48307
the recipient, the ~~patient's or~~ resident's or recipient's estate,	48308
the settlor, or the settlor's estate and to claims arising under	48309
this chapter against the ~~patient or~~ resident, the recipient, the	48310
~~patient's or~~ resident's or recipient's estate, the settlor, or the	48311
settlor's estate.	48312

(11) If the department of mental retardation and	48313
developmental disabilities waives the liability of an individual	48314
and the individual's liable relatives pursuant to section 5123.194	48315
of the Revised Code, the liability of the individual and relative	48316
ceases in accordance with the waiver's terms.	48317

(C) The department may enter into agreements with a ~~patient~~	48318
or resident, a recipient, or a liable relative for support	48319
payments to be made in the future. However, no security interest,	48320
mortgage, or lien shall be taken, granted, or charged against any	48321
principal family residence of a ~~patient or~~ resident or recipient	48322
with dependents or a liable relative under an agreement or	48323
otherwise to secure support payments, and no foreclosure actions	48324
shall be taken on security interests, mortgages or liens taken,	48325
granted, or charged against principal residences of ~~patients or~~	48326
residents, recipients, or liable relatives prior to October 7,	48327
1977.	48328

(D) The department shall make all investigations and	48329
determinations required by this section within ninety days after a	48330
~~patient or~~ resident is admitted to an institution under the	48331
department's control or a ~~patient~~recipient begins to receive	48332
state-operated community mental health services, and immediately	48333
shall notify by mail the persons liable of the amount to be	48334
charged.	48335

(E) All actions to enforce the collection of payments agreed	48336
upon or charged by the department shall be commenced within six	48337
years after the date of default of an agreement to pay support	48338
charges or the date such payment becomes delinquent. If a payment	48339
is made pursuant to an agreement which is in default, a new	48340
six-year period for actions to enforce the collection of payments	48341
under such agreement shall be computed from the date of such	48342
payment. For purposes of this division an agreement is in default	48343
or a payment is delinquent if a payment is not made within thirty	48344
days after it is incurred or a payment, pursuant to an agreement,	48345
is not made within thirty days after the date specified for such	48346
payment. In all actions to enforce the collection of payment for	48347
the liability for support, every court of record shall receive	48348
into evidence the proof of claim made by the state together with	48349
all debts and credits, and it shall be prima-facie evidence of the	48350
facts contained in it.	48351

Sec. 5121.05. The department of mental health and the	48352
department of mental retardation and developmental disabilities	48353
may subpoena witnesses, take testimony under oath, and examine any	48354
public records relating to the income and other assets of a	48355
~~patient or~~ resident, recipient, or of a relative liable for such	48356
~~patient's or~~ resident's or recipient's support. All information,	48357
conclusions, and recommendations shall be submitted to the	48358
department by the investigating agent of the department. The	48359
department shall determine the amount of support to be paid, by	48360
whom, and whether clothing shall be furnished by the relatives or	48361
guardian.	48362

Sec. 5121.06. (A) The following persons other than the	48363
~~patient or~~ resident, the recipient, or the ~~patient's or~~ resident's	48364
or recipient's estate are liable relatives and all the following	48365
persons are jointly and severally liable for the support of a	48366
~~patient or~~ resident in a ~~hospital or~~ institution under the control	48367
of ~~the department of mental health or~~ the department of mental	48368
retardation and developmental disabilities or for the support of a	48369
~~patient receiving~~recipient of state-operated community mental	48370
health services:	48371

(1) The ~~patient or~~ resident, the recipient, or the ~~patient's~~	48372
or resident's or recipient's estate;	48373

(2) The ~~patient's or~~ resident's or recipient's spouse;

48374

(3) The father or mother, or both, of a minor ~~patient or~~	48375
resident or recipient under the age of eighteen years.	48376

(B) The department shall determine, pursuant to section	48377
5121.04 of the Revised Code, the amount to be charged each such	48378
liable person in the order named in this section, but shall not	48379
collect from any person more than one hundred per cent of the	48380
applicable cost.	48381

(C) An action to collect delinquent payments or to enforce	48382
agreements in default may be brought against any or all persons	48383
named in this section. To the extent parents of adult ~~patients or~~	48384
residents or recipients, pursuant to the language of this section	48385
previously in force, incurred charges for the support of such	48386
~~patients or~~ residents or recipients between the eighteenth	48387
birthday of such ~~patient or~~ resident or recipient and July 1,	48388
1975, their liability for such period may be cancelled,	48389
compromised, or settled as provided in section 5121.07 of the	48390
Revised Code.	48391

(D) Irrespective of the number of ~~patients or~~ residents or	48392
recipients whose care might be chargeable against a liable	48393
relative, no individual liable relative nor any group of liable	48394
relatives who are members of the same family unit shall be charged	48395
with the support of more than one ~~patient or~~ resident or recipient	48396
during the same period of time, and different periods of time for	48397
which such liable relative has paid the charges for such different	48398
~~patients' or~~ residents' or recipients' care and support shall be	48399
added together for the purpose of completing the maximum	48400
fifteen-year period of liability of such liable relative under	48401
division (B)(6) of section 5121.04 of the Revised Code.	48402

Sec. 5121.061. The authority of the department of mental	48403
health or the department of mental retardation and developmental	48404
disabilities to modify support charges pursuant to section 5121.04	48405
of the Revised Code shall not be exercised until the ~~patient or~~	48406
resident, recipient, or liable relative has petitioned the	48407
department for modification as provided in section 5121.07 of the	48408
Revised Code and has offered to the department satisfactory proof	48409
of ~~his~~the resident's, recipient's, or liable relative's earnings	48410
and assets. The department may modify the charges if its	48411
investigation warrants such modification.	48412

Sec. 5121.07. Any person who has been charged with the	48413
payment of the support of a ~~patient or~~ resident of any benevolent	48414
institution; for pre-admission care, after-care, day-care, or	48415
routine consultation and treatment services in a community service	48416
unit under the control of ~~the department of mental health or~~ the	48417
department of mental retardation and developmental disabilities;	48418
or for the cost of state-operated community mental health services	48419
may petition the department for a release from, or modification	48420
of, such charge, and the department, after an investigation, may	48421
cancel or modify such former charge, or may cancel, compromise, or	48422
settle any accrued liability in an amount not exceeding five	48423
thousand dollars. Amounts in excess thereof may be canceled,	48424
compromised, or settled as provided in section 131.02 of the	48425
Revised Code. The department may for due cause increase the amount	48426
previously ordered paid.	48427

Sec. 5121.08. The managing officers of the benevolent	48428
institutions under the control of ~~the department of mental health~~	48429
~~and~~ the department of mental retardation and developmental	48430
disabilities, the managing officers of state-operated community	48431
mental health services, and the committing court, if requested,	48432
shall submit to the department such information as they may obtain	48433
concerning the financial condition of any ~~patient or~~ resident,	48434
recipient, or of relatives liable for the ~~patient's or~~ resident's	48435
or recipient's support.	48436

Sec. 5121.09. In case the estate of any ~~patient or~~ resident	48437
in a benevolent institution under the jurisdiction of ~~the~~	48438
~~department of mental health or~~ the department of mental	48439
retardation and developmental disabilities or ~~receiving~~recipient	48440
of state-operated community mental health services is sufficient	48441
for the ~~patient's or~~ resident's or recipient's support, without	48442
hardship to any others who may be dependent thereon, and no	48443
guardian has been appointed for such estate, the agent of the	48444
department shall petition the probate court of the proper county	48445
to appoint a guardian.	48446

Sec. 5121.10. Upon the death of a person who is a ~~patient or~~	48447
resident, or has been a ~~patient or~~ resident, of any benevolent	48448
institution under the jurisdiction of ~~the department of mental~~	48449
~~health or~~ the department of mental retardation and developmental	48450
disabilities or of a person who is a recipient or has been a	48451
recipient of state-operated community mental health services, or	48452
~~upon the death~~ of a person responsible under section 5121.06 of	48453
the Revised Code for the support of a ~~patient or~~ resident or	48454
recipient, the department may waive the presentation of any claim	48455
for support against the estate of such decedent, when in its	48456
judgment an otherwise dependent person will be directly benefited	48457
by the estate. Claims against an estate for support of a ~~patient~~	48458
or resident or recipient are subject to section 1339.51 and	48459
Chapter 2117. of the Revised Code, and shall be treated, and may	48460
be barred, the same as the claims of other creditors of the	48461
estate, pursuant to that section or chapter.	48462

The department may accept from a guardian or trustee of a	48463
~~patient or~~ resident or recipient a contract agreeing to pay to the	48464
state from the property of the guardian's or trustee's ward before	48465
or at the death of the ward a fixed annual amount for the support	48466
of the ward while the ward is a ~~patient or~~ resident or recipient,	48467
with interest at four per cent per annum. A copy of the contract	48468
shall be filed in the probate court of the proper county and duly	48469
entered as a part of the records concerning the ward.	48470

Sec. 5121.11. The state shall bear the expense of the burial	48471
or cremation of an indigent ~~patient or~~ resident who dies in a	48472
~~state hospital for the mentally ill, or~~an institution for the	48473
mentally retarded, or in a state correctional institution, if the	48474
body is not claimed for interment or cremation at the expense of	48475
friends or relatives, or is not delivered for anatomical purposes	48476
or for the study of embalming in accordance with section 1713.34	48477
of the Revised Code. The managing officer of the institution shall	48478
provide at the grave of the person or, if the person's cremated	48479
remains are buried, at the grave of the person's cremated remains,	48480
a metal, stone, or concrete marker on which shall be inscribed the	48481
name and age of the person and the date of death.	48482

Sec. 5121.12. The support and maintenance of ~~patients~~	48483
~~confined in state hospitals for the mentally ill or of~~ residents	48484
confined in state institutions for the mentally retarded,	48485
including those transferred to them from state correctional	48486
institutions, and also including persons under indictment or	48487
conviction for crime, shall be collected and paid in accordance	48488
with this chapter.	48489

Sec. 5121.21. ~~(A)~~ If payment of any amount due the state	48490
under the provisions of Chapter 5121. of the Revised Code is made	48491
on account of a ~~patient or~~ resident or recipient by any liable	48492
relative, as defined in division (A) of section 5121.06 of the	48493
Revised Code, such relative may recover the following amounts from	48494
the following persons; provided, that in no event may such	48495
relative recover in total more than such relative has paid the	48496
state, and provided, that in no event is the person from whom	48497
recovery is sought obliged to pay at a rate of support higher than	48498
such person would have paid had the state proceeded directly	48499
against such person:	48500

~~(1)~~(A) Any liable person may recover from the ~~patient or~~	48501
resident or recipient, ~~his~~the resident's or recipient's guardian,	48502
or from the executor or administrator of the ~~patient's or~~	48503
resident's or recipient's estate, the full amount of payment made	48504
by such liable relative.	48505

~~(2)~~(B) Any liable relative may recover from the ~~patient's or~~	48506
resident's ~~husband or wife,~~or recipient's spouse the full amount	48507
of payment made by such liable relative.	48508

~~(3)~~(C) A minor ~~patient's or~~ resident's or recipient's mother	48509
may recover from such minor ~~patient's or~~ resident's or recipient's	48510
father the full amount of payment made by such mother.	48511

~~(4)~~(D) Any liable relative, other than the ~~patient's or~~	48512
resident's or recipient's spouse ~~and other than~~or a minor	48513
~~patient's or~~ resident's or recipient's parent, may recover from	48514
such ~~of a patient's or~~ resident's or recipient's adult ~~sons and~~	48515
~~daughters~~children as are liable under division (A)(4) of section	48516
5121.06 of the Revised Code, the full amount of payment made by	48517
such liable relative; provided, that there may be recovered from	48518
each such ~~son or daughter~~adult child only such proportion of the	48519
total payment as the figure one bears to the total number of such	48520
adult ~~sons and daughters~~children.	48521

~~(5)~~(E) An adult ~~patient's or~~ resident's or recipient's mother	48522
may recover from an adult ~~patient's or~~ resident's or recipient's	48523
father the full amount of payment made by such mother.	48524

Sec. 5121.30. As used in sections 5121.30 to 5121.55 of the	48525
Revised Code:	48526

(A) "Countable assets" means all of the following:

48527

(1) Cash;

48528

(2) Bank deposits;

48529

(3) Securities;

48530

(4) Individual retirement accounts;

48531

(5) Qualified employer plans, including 401(k) and Keogh	48532
plans;	48533

(6) Pension funds;

48534

(7) Annuities;

48535

(8) Funds in a trust created under section 1339.51 of the	48536
Revised Code;	48537

(9) Investment property and income;

48538

(10) The cash surrender values of life insurance policies;

48539

(11) Assets acquired by gift, bequest, devise, or	48540
inheritance;	48541

(12) Any other asset determined by the department of mental	48542
health to be equivalent to the assets enumerated in this division.	48543

(B) "Federal poverty level" or "FPL" means the income level	48544
represented by the poverty guidelines as revised annually by the	48545
United States department of health and human services in	48546
accordance with section 673(2) of the "Omnibus Reconciliation Act	48547
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	48548
size equal to the size of the family of the person whoseincome is	48549
being determined.	48550

(C) "Federal poverty guidelines" means the poverty guidelines	48551
as revised annually by the United States department of health and	48552
human services in accordance with section 673(2) of the "Omnibus	48553
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902,	48554
as amended, for a family size equal to the size of the family of	48555
the person whose income is being determined.	48556

(D) "Hospital" means an institution, hospital, or other place	48557
established, controlled, or supervised by the department under	48558
Chapter 5119. of the Revised Code.	48559

(E) "Liable relative" means both of the following:

48560

(1) A patient's spouse;

48561

(2) A patient's mother or father, or both, if the patient is	48562
under eighteen years of age.	48563

(F) "Patient" means a person admitted to a hospital for	48564
inpatient care or treatment.	48565

Sec. 5121.31. All patients shall be maintained at the expense	48566
of the state. The traveling and incidental expenses in conveying	48567
them to a hospital shall be paid by the county of commitment. On	48568
admission, patients shall be neatly and comfortably clothed.	48569
Thereafter, the expense of necessary clothing shall be borne by	48570
the responsible relatives or guardian if they are financially	48571
able. If not furnished, the state shall bear the expense. Any	48572
required traveling expense after admission to the hospital shall	48573
be borne by the state if the responsible relatives or guardian is	48574
unable to do so.	48575

Sec. 5121.32. On an annual basis, the department of mental	48576
health shall determine both of the following using generally	48577
accepted governmental accounting principles:	48578

(A) The applicable per diem charge for each hospital operated	48579
by the department;	48580

(B) The ancillary per diem rate for each hospital operated by	48581
the department.	48582

In determining a hospital's applicable per diem charge and	48583
ancillary per diem rate, the department shall consider the average	48584
actual per diem cost of maintaining and treating a patient at the	48585
hospital or, at the department's discretion, the average actual	48586
per diem cost of maintaining and treating a patient in a unit of	48587
the hospital.	48588

Sec. 5121.33. Except as provided in sections 5121.35,	48589
5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised	48590
Code, the department of mental health shall, for each billing	48591
cycle, charge a patient, patient's estate, or liable relative an	48592
amount equal to the sum of the following:	48593

(A) The applicable per diem charge multiplied by the number	48594
of days the patient was admitted to the hospital;	48595

(B) An amount that was previously billed but not paid.

48596

Sec. 5121.34. A patient, patient's estate, and patient's	48597
liable relatives shall be jointly and severally liable for amounts	48598
charged by the department of mental health in accordance with	48599
sections 5121.33 and 5121.35 of the Revised Code. In no case shall	48600
any of the foregoing persons be liable for more than one hundred	48601
per cent of any amount charged.	48602

Sec. 5121.35. The department of mental health shall charge a	48603
patient, patient's estate, or liable relative an amount discounted	48604
from the amount the department charges under section 5121.33 of	48605
the Revised Code if the department determines through the	48606
application process described in section 5121.36 of the Revised	48607
Code or through the financial assessment process described in	48608
section 5121.37 of the Revised Code that the patient, estate, or	48609
relative is eligible for a discount.	48610

Sec. 5121.36. (A) A patient, patient's estate, or liable	48611
relative may apply for a discount by completing an application	48612
form the director of mental health specifies in rules adopted	48613
under section 5121.55 of the Revised Code. The department of	48614
mental health may require a patient, estate, or relative to	48615
furnish any of the following with an application form:	48616

(1) A copy of the patient's, estate's, or liable relative's	48617
federal income tax return for the year preceding the date of	48618
application or, if that is not yet available, the preceding year;	48619

(2) A copy of the patient's, estate's, or liable relative's	48620
employee tax withholding return (form W-2) for the year preceding	48621
the date of application.	48622

(B) To be considered, an application must be submitted to the	48623
department not later than one hundred twenty days after the date	48624
the patient is admitted to a hospital.	48625

(C) From the information provided by a patient, estate, or	48626
relative, the department shall determine whether the department	48627
will charge the person a discounted amount in accordance with	48628
sections 5121.40 and 5121.41 of the Revised Code. In making this	48629
determination, the department shall consider whether the patient	48630
is covered by an insurance policy or other contract that provides	48631
for payment of expenses and treatment for mental illness. If the	48632
department determines that the patient has coverage, the	48633
department shall require payment in accordance with section	48634
5121.43 of the Revised Code.	48635

(D) The department shall notify the person who submitted the	48636
application form in writing regarding whether that person will be	48637
charged a discounted amount and the per diem rate to be charged.	48638

(E) In accordance with section 5121.42 of the Revised Code,	48639
the department may, at any time, modify an amount charged or	48640
change the per diem rate to be charged if the department learns of	48641
countable assets or income that was not previously disclosed or	48642
was acquired after the application form was submitted. Within a	48643
reasonable time, the department shall notify in writing any person	48644
affected by a modification or change.	48645

Sec. 5121.37. After a patient's admittance to a hospital, the	48646
department of mental health shall conduct a financial assessment	48647
to determine whether the patient, patient's estate, or liable	48648
relative will be charged an amount discounted from the amount the	48649
department charges under section 5121.33 of the Revised Code. The	48650
department shall make the determination in accordance with	48651
sections 5121.40 and 5121.41 of the Revised Code.	48652

If a discounted rate is to be charged, the department shall	48653
notify the person whose financial condition was assessed. The	48654
notice shall specify the per diem rate to be charged.	48655

In accordance with section 5121.42 of the Revised Code, the	48656
department may, at any time, modify an amount charged or change	48657
the per diem rate to be charged if the department learns of	48658
countable assets or income that was not previously disclosed or	48659
was acquired after the assessment was conducted. Within a	48660
reasonable time, the department shall notify in writing any person	48661
affected by a modification or change.	48662

Sec. 5121.38. The department of mental health may subpoena	48663
witnesses, take testimony under oath, and examine any public	48664
records relating to the income and other assets of a patient or of	48665
a relative liable for such patient's support. All information,	48666
conclusions, and recommendations shall be submitted to the	48667
department by the investigating agent of the department.	48668

Sec. 5121.39. The managing officers of the institutions	48669
under the control of the department of mental health shall submit	48670
to the department such information as they may obtain concerning	48671
the financial condition of any patient or relatives liable for the	48672
patient's support.	48673

Sec. 5121.40. (A) A patient, patient's estate, or liable	48674
relative may be eligible to be charged an amount discounted from	48675
the amount the department of mental health charges under section	48676
5121.33 of the Revised Code if the patient, estate, or relative	48677
has countable assets with a total value that is not greater than	48678
an amount equal to fifty per cent of the gross annual income that	48679
corresponds with the family size of the patient, estate, or liable	48680
relative under the federal poverty guidelines. For purposes of	48681
determining family size, the patient is one dependent. One	48682
additional dependent shall be included for each of the following	48683
circumstances and persons:	48684

(1) The patient or liable relative is legally blind or deaf;

48685

(2) The patient or liable relative is of sixty-five years of	48686
age or older;	48687

(3) Each child under eighteen years of age for which the	48688
patient or liable relative is legally responsible for support;	48689

(4) The patient's or liable relative's spouse.

48690

(B) A patient, estate, or relative may, not later than one	48691
hundred twenty days after the patient's admission to a hospital,	48692
surrender the value of countable assets sufficient to reduce	48693
countable assets to not more than the limit described in division	48694
(A) of this section.	48695

Sec. 5121.41. (A) If the assets of a patient, patient's	48696
estate, or liable relative do not exceed the countable asset limit	48697
in section 5121.40 of the Revised Code and the annual income of	48698
the patient, estate, or relative does not exceed four hundred per	48699
cent of the federal poverty level, the patient, estate, or	48700
relative shall be charged an amount discounted from the amount the	48701
department charges under section 5121.33 of the Revised Code for	48702
the first thirty days the patient is admitted as an inpatient in a	48703
hospital. The amount of the discount shall be computed according	48704
to the following schedule:	48705

Annual Gross Income

48706

Expressed as a Percentage of FPL

48707

Inpatient	1 -	176 -	200 -	250 -	300 -	350 -	48708
Days at a	175	199	249	299	349	399	48709
Hospital							48710

Percentage discount from charged amount

48711

1 - 14	100	90	70	50	30	10		48712
15 - 30	100	95	75	55	35	15		48713

(B) A patient, estate, or relative who is charged a	48714
discounted amount for the first thirty days the patient is	48715
admitted as an inpatient and who has an annual income not greater	48716
than one hundred seventy-five per cent of the federal poverty	48717
level shall not be charged for the days the patient is admitted	48718
beyond the thirtieth day.	48719

(C) A patient, estate, or relative who is charged a	48720
discounted amount for the first thirty days the patient is	48721
admitted as an inpatient and who has an annual income greater than	48722
one hundred seventy-five per cent of the federal poverty level	48723
shall be charged an amount equal to the sum of the following for	48724
the days the patient is admitted beyond the thirtieth day:	48725

(1) The ancillary per diem rate multiplied by the number of	48726
days the patient was admitted to the hospital;	48727

(2) An amount that was previously charged but not paid.

48728

Sec. 5121.42. (A) Except as provided in division (B) of this	48729
section, a patient, patient's estate, or liable relative shall	48730
cease to be eligible for a discount under sections 5121.36 or	48731
5121.37 of the Revised Code on accumulation of countable assets in	48732
excess of an amount equal to fifty per cent of the gross annual	48733
income that corresponds with the family size of the patient,	48734
estate, or relative plus one additional dependent under the	48735
federal poverty guidelines. In making this determination, an	48736
additional dependent shall be included for each of the following	48737
circumstances and persons:	48738

(1) The patient or liable relative is legally blind or deaf;

48739

(2) The patient or liable relative is over sixty-five years	48740
of age;	48741

(3) Each child under eighteen years of age for which the	48742
patient or liable relative is legally responsible for support;	48743

(4) The patient's or liable relative's spouse.

48744

(B) Money needed to meet the patient's needs and burial fund	48745
as determined by a needs assessment conducted by the department of	48746
mental health pursuant to rules adopted under section 5119.01 of	48747
the Revised Code shall be excluded from any determination the	48748
department makes under division (A) of this section.	48749

Sec. 5121.43. If a patient is covered by an insurance policy	48750
or other contract that provides for payment of expenses for care	48751
and treatment for mental illness at or from an institution,	48752
state-operated community mental health service, or facility,	48753
including a hospital or community service unit under the	48754
jurisdiction of the department of mental health, sections 5121.33	48755
to 5121.55 of the Revised Code are inapplicable to the extent that	48756
the policy or contract is in force. Any insurance carrier or other	48757
third party payor providing coverage for such care and treatment	48758
shall pay for the patient's support obligation in amounts equal to	48759
the lesser of amounts charged by the department under section	48760
5121.33 of the Revised Code or the benefits provided under the	48761
policy or other contract. Whether or not an insured, owner of, or	48762
other person having an interest in such policy or other contract	48763
is liable for support payments, the insured, policy owner, or	48764
other person shall assign payment directly to the department of	48765
all assignable benefits under the policy or other contract and	48766
shall pay to the department, within ten days of receipt, all	48767
insurance or other benefits received as reimbursement or payment	48768
for expenses incurred by the patient or for any other reason. If	48769
the insured, policy owner, or other person refuses to assign	48770
payment to the department or refuses to pay received	48771
reimbursements or payments to the department within ten days of	48772
receipt, the total liability of the insured, policy owner, or	48773
other person for the services equals the sum of the following:	48774

(A) The amount computed under section 5121.33 of the Revised	48775
Code;	48776

(B) The amounts payable under the terms of the policy or	48777
other contract.	48778

In no event shall this total liability exceed the	48779
department's actual cost of providing care and treatment to a	48780
patient. The department may disqualify patients and liable	48781
relatives who have retained third party funds for future	48782
discounts. The department may request that the attorney general	48783
petition a court of competent jurisdiction to compel the insured,	48784
owner of, or other person having an interest in the policy or	48785
contract to comply with the assignment requirements in this	48786
section.	48787

Sec. 5121.44. The department of mental health may enter into	48788
an extended payment agreement with a patient, patient's estate, or	48789
liable relative who has notified the department that the patient,	48790
estate, or relative cannot reasonably pay an amount the department	48791
has charged. In no case shall the department take a security	48792
interest, mortgage, or lien against the principal family residence	48793
of a patient or liable relative with a dependent.	48794

Sec. 5121.45. (A) For purposes of this section, "delinquent	48795
payment" means an amount owed by a patient, patient's estate, or	48796
liable relative to the department of mental health for which the	48797
person has failed to do either of the following not later than	48798
ninety days after the service associated with the charge was	48799
incurred:	48800

(1) Make payment in full;

48801

(2) Make a payment in accordance with the terms of an	48802
agreement entered into under section 5121.44 of the Revised Code.	48803

(B) An action to enforce the collection of a delinquent	48804
payment shall be commenced not later than six years after the	48805
later of the following:	48806

(1) The last date the department received money to satisfy	48807
the delinquent payment;	48808

(2) The date the charge was due.

48809

(C) In all actions to enforce the collection of delinquent	48810
payments, a court of record shall receive into evidence the proof	48811
of claim document made by the state together with all debts and	48812
credits. The proof of claim document shall be prima-facie evidence	48813
of the facts stated in the document.	48814

Sec. 5121.46. The department of mental health shall not	48815
charge a liable relative under sections 5121.33 and 5121.35 of the	48816
Revised Code who has done either of the following:	48817

(A) Paid all amounts charged by the department for the care	48818
and treatment of a particular patient for fifteen consecutive	48819
years;	48820

(B) Paid amounts charged by the department for the care and	48821
treatment of more than one patient for a total of fifteen	48822
consecutive years.	48823

Sec. 5121.47. Irrespective of the number of patients for	48824
which the department of mental health may charge a liable relative	48825
under sections 5121.33 or 5121.35 of the Revised Code, the	48826
department shall not charge a liable relative or group of liable	48827
relatives who are members of the same family unit for the support	48828
of more than one patient during the same period of time.	48829

Sec. 5121.49. (A) Any person who has been charged under	48830
section 5121.33 or 5121.35 of the Revised Code may petition the	48831
department of mental health to do the following:	48832

(1) Release the person from a charge;

48833

(2) Modify or cancel a charge.

48834

(B) The department shall respond to a petition in writing and	48835
inform the petitioner of whether a release, modification, or	48836
cancellation has been approved.	48837

Sec. 5121.50. When a patient is committed to a hospital	48838
pursuant to judicial proceedings, the judge ordering the	48839
commitment shall:	48840

(A) Make a reliable report on the financial condition of the	48841
patient and of each liable relative, as provided in rules adopted	48842
by the director of mental health;	48843

(B) Certify the report required under division (A) of this	48844
section to the managing officer of the hospital. The managing	48845
officer shall thereupon enter in the managing officer's records	48846
the name and address of any guardian appointed and of any relative	48847
liable for the patient's support.	48848

Sec. 5121.51. In case the estate of any patient in a	48849
hospital is sufficient for the patient's support, without hardship	48850
to any others who may be dependent thereon, and no guardian has	48851
been appointed for such estate, the agent of the department of	48852
mental health shall petition the probate court of the proper	48853
county to appoint a guardian.	48854

Sec. 5121.52. On the death of a person who is a patient, or	48855
has been a patient in a hospital, or on the death of a person	48856
responsible under section 5121.34 of the Revised Code for the	48857
support of a patient, the department of mental health may waive	48858
the presentation of any claim for support against the estate of	48859
such decedent, when in its judgment an otherwise dependent person	48860
will be directly benefited by the estate. Claims against an estate	48861
for support of a patient are subject to section 1339.51 and	48862
Chapter 2117. of the Revised Code, and shall be treated, and may	48863
be barred, the same as the claims of other creditors of the	48864
estate, pursuant to that section or chapter.	48865

The department of mental health may accept from a guardian or	48866
trustee of a patient a contract agreeing to pay to the state from	48867
the property of the guardian's or trustee's ward before or at the	48868
death of the ward a fixed annual amount for the support of the	48869
ward while the ward is a patient, with interest at four per cent	48870
per annum. A copy of the contract shall be filed in the probate	48871
court of the proper county and duly entered as a part of the	48872
records concerning the ward.	48873

Sec. 5121.53. The state shall bear the expense of the burial	48874
or cremation of an indigent patient who dies in a hospital if the	48875
body is not claimed for interment or cremation at the expense of	48876
friends or relatives, or is not delivered for anatomical purposes	48877
or for the study of embalming in accordance with section 1713.34	48878
of the Revised Code. The managing officer of the hospital shall	48879
provide at the grave of the patient or, if the patient's cremated	48880
remains are buried, at the grave of the patient's cremated	48881
remains, a metal, stone, or concrete marker on which shall be	48882
inscribed the name and age of the patient and the date of death.	48883

Sec. 5121.54. (A) If payment of any amount due the state	48884
under the provisions of this chapter is made on account of a	48885
patient by any liable relative, as defined in section 5121.30 of	48886
the Revised Code, the relative may recover the following amounts	48887
from the following persons; provided, that in no event may a	48888
relative recover in total more than the relative has paid the	48889
state, and provided, that in no event is the person from whom	48890
recovery is sought obliged to pay at a rate of support higher than	48891
the person would have paid had the state proceeded directly	48892
against that person:	48893

(1) A liable relative may recover from the patient, the	48894
patient's guardian, or from the executor or administrator of the	48895
patient's estate, the full amount of payment made by the liable	48896
relative.	48897

(2) A parent may recover from the patient's or resident's	48898
spouse the full amount of payment made by the parent for	48899
hospitalization that occurred during the marriage.	48900

Sec. 5121.55. The director of mental health shall adopt rules	48901
in accordance with Chapter 119. of the Revised Code regarding the	48902
application form a person must use to apply for a discount as	48903
described in section 5121.36 of the Revised Code.	48904

Sec. 5122.03. A patient admitted under section 5122.02 of	48905
the Revised Code who requests ~~his~~ release in writing, or whose	48906
release is requested in writing by ~~his~~the patient's counsel,	48907
legal guardian, parent, spouse, or adult next of kin shall be	48908
released forthwith, except that when:	48909

(A) The patient was admitted on ~~his~~the patient's own	48910
application and the request for release is made by a person other	48911
than the patient, release may be conditional upon the agreement of	48912
the patient; or	48913

(B) The chief clinical officer of the hospital, within three	48914
court days from the receipt of the request for release, files or	48915
causes to be filed with the court of the county where the patient	48916
is hospitalized or of the county where the patient is a resident,	48917
an affidavit under section 5122.11 of the Revised Code. Release	48918
may be postponed until the hearing held under section 5122.141 of	48919
the Revised Code. A telephone communication within three court	48920
days from the receipt of the request for release from the chief	48921
clinical officer to the court, indicating that the required	48922
affidavit has been mailed, is sufficient compliance with the time	48923
limit for filing such affidavit.	48924

Unless the patient is released within three days from the	48925
receipt of the request by the chief clinical officer, the request	48926
shall serve as a request for an initial hearing under section	48927
5122.141 of the Revised Code. If the court finds that the patient	48928
is a mentally ill person subject to hospitalization by court	48929
order, all provisions of this chapter with respect to involuntary	48930
hospitalization apply to such person.	48931

Judicial proceedings for hospitalization shall not be	48932
commenced with respect to a voluntary patient except pursuant to	48933
this section.	48934

Sections ~~5121.01 to 5121.10~~5121.30 to 5121.55 of the Revised	48935
Code apply to persons received in a hospital operated by the	48936
department of mental health on a voluntary application.	48937

The chief clinical officer of the hospital shall provide	48938
reasonable means and arrangements for informing patients of their	48939
rights to release as provided in this section and for assisting	48940
them in making and presenting requests for release or for a	48941
hearing under section 5122.141 of the Revised Code.	48942

Before a patient is released from a public hospital, the	48943
chief clinical officer shall, when possible, notify the board of	48944
the patient's county of residence of the patient's pending release	48945
after hethe chief clinical officer has informed the patient that	48946
the board will be so notified.	48947

Sec. 5122.04. (A) Upon the request of a minor fourteen years	48948
of age or older, a mental health professional may provide	48949
outpatient mental health services, ~~excluding the use of medication~~	48950
or a person working for or on behalf of a tobacco cessation	48951
program may provide tobacco cessation counseling, without the	48952
consent or knowledge of the minor's parent or guardian. ~~Except~~The	48953
services or counseling shall not include the use of medication.	48954

Except as otherwise provided in this section, in the case of	48955
mental health services, the minor's parent or guardian shall not	48956
be informed of the services without the minor's consent unless the	48957
mental health professional treating the minor determines that	48958
there is a compelling need for disclosure based on a substantial	48959
probability of harm to the minor or to other persons, and if the	48960
minor is notified of the mental health professional's intent to	48961
inform the minor's parent, or guardian.	48962

(B) Services or counseling provided to a minor pursuant to	48963
this section shall be limited to not more than six sessions or	48964
thirty days of services or counseling whichever occurs sooner.	48965
After the sixth session or thirty days of services or counseling	48966
the mental health professional or person working for or on behalf	48967
of the tobacco cessation program shall terminate the services or	48968
counseling or, with the consent of the minor, notify the parent,	48969
or guardian, to obtain consent to provide further outpatient	48970
services or tobacco cessation counseling.	48971

(C) The minor's parent or guardian shall not be liable for	48972
the costs of services which are received by a minor under division	48973
(A).	48974

(D) Nothing in this section relieves a mental health	48975
professional from the obligations of section 2151.421 of the	48976
Revised Code.	48977

(E) As used in this section, "mental health professional" has	48978
the same meaning as in section 340.02 of the Revised Code.	48979

Sec. 5122.31. (A) All certificates, applications, records,	48980
and reports made for the purpose of this chapter and sections	48981
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	48982
Code, other than court journal entries or court docket entries,	48983
and directly or indirectly identifying a patient or former patient	48984
or person whose hospitalization has been sought under this	48985
chapter, shall be kept confidential and shall not be disclosed by	48986
any person except:	48987

~~(A)~~(1) If the person identified, or the person's legal	48988
guardian, if any, or if the person is a minor, the person's parent	48989
or legal guardian, consents, and if the disclosure is in the best	48990
interests of the person, as may be determined by the court for	48991
judicial records and by the chief clinical officer for medical	48992
records;	48993

~~(B)~~(2) When disclosure is provided for in this chapter or	48994
section 5123.60 of the Revised Code;	48995

~~(C)~~(3) That hospitals, boards of alcohol, drug addiction, and	48996
mental health services, and community mental health agencies may	48997
release necessary medical information to insurers and other	48998
third-party payers, including government entities responsible for	48999
processing and authorizing payment, to obtain payment for goods	49000
and services furnished to the patient;	49001

~~(D)~~(4) Pursuant to a court order signed by a judge;

49002

~~(E)~~(5) That a patient shall be granted access to the	49003
patient's own psychiatric and medical records, unless access	49004
specifically is restricted in a patient's treatment plan for clear	49005
treatment reasons;	49006

~~(F)~~(6) That hospitals and other institutions and facilities	49007
within the department of mental health may exchange psychiatric	49008
records and other pertinent information with other hospitals,	49009
institutions, and facilities of the department, and with community	49010
mental health agencies and boards of alcohol, drug addiction, and	49011
mental health services with which the department has a current	49012
agreement for patient care or services. Records and information	49013
that may be released pursuant to this division shall be limited to	49014
medication history, physical health status and history, financial	49015
status, summary of course of treatment in the hospital, summary of	49016
treatment needs, and a discharge summary, if any.	49017

~~(G)~~(7) That a patient's family member who is involved in the	49018
provision, planning, and monitoring of services to the patient may	49019
receive medication information, a summary of the patient's	49020
diagnosis and prognosis, and a list of the services and personnel	49021
available to assist the patient and the patient's family, if the	49022
patient's treating physician determines that the disclosure would	49023
be in the best interests of the patient. No such disclosure shall	49024
be made unless the patient is notified first and receives the	49025
information and does not object to the disclosure.	49026

~~(H)~~(8) That community mental health agencies may exchange	49027
psychiatric records and certain other information with the board	49028
of alcohol, drug addiction, and mental health services and other	49029
agencies in order to provide services to a person involuntarily	49030
committed to a board. Release of records under this division shall	49031
be limited to medication history, physical health status and	49032
history, financial status, summary of course of treatment, summary	49033
of treatment needs, and discharge summary, if any.	49034

~~(I)~~(9) That information may be disclosed to the executor or	49035
the administrator of an estate of a deceased patient when the	49036
information is necessary to administer the estate;	49037

~~(J)~~(10) That records in the possession of the Ohio historical	49038
society may be released to the closest living relative of a	49039
deceased patient upon request of that relative;	49040

~~(K)~~(11) That information may be disclosed to staff members of	49041
the appropriate board or to staff members designated by the	49042
director of mental health for the purpose of evaluating the	49043
quality, effectiveness, and efficiency of services and determining	49044
if the services meet minimum standards. Information obtained	49045
during such evaluations shall not be retained with the name of any	49046
patient.	49047

~~(L)~~(12) That records pertaining to the patient's diagnosis,	49048
course of treatment, treatment needs, and prognosis shall be	49049
disclosed and released to the appropriate prosecuting attorney if	49050
the patient was committed pursuant to section 2945.38, 2945.39,	49051
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	49052
attorney designated by the board for proceedings pursuant to	49053
involuntary commitment under this chapter.	49054

~~(M)~~(13) That the department of mental health may exchange	49055
psychiatric hospitalization records, other mental health treatment	49056
records, and other pertinent information with the department of	49057
rehabilitation and correction to ensure continuity of care for	49058
inmates who are receiving mental health services in an institution	49059
of the department of rehabilitation and correction. The department	49060
shall not disclose those records unless the inmate is notified,	49061
receives the information, and does not object to the disclosure.	49062
The release of records under this division is limited to records	49063
regarding an inmate's medication history, physical health status	49064
and history, summary of course of treatment, summary of treatment	49065
needs, and a discharge summary, if any.	49066

~~(N)~~(14) That a community mental health agency that ceases to	49067
operate may transfer to either a community mental health agency	49068
that assumes its caseload or to the board of alcohol, drug	49069
addiction, and mental health services of the service district in	49070
which the patient resided at the time services were most recently	49071
provided any treatment records that have not been transferred	49072
elsewhere at the patient's request.	49073

~~(O)~~(B) Before records are disclosed pursuant to divisions	49074
~~(C)~~(A)(3), ~~(F)~~(6), and ~~(H)~~(8) of this section, the custodian of	49075
the records shall attempt to obtain the patient's consent for the	49076
disclosure. No person shall reveal the contents of a medical	49077
record of a patient except as authorized by law.	49078

(C) The managing officer of a hospital who releases necessary	49079
medical information under division (A)(3) of this section to allow	49080
an insurance carrier or other third party payor to comply with	49081
section 5121.43 of the Revised Code shall neither be subject to	49082
criminal nor civil liability.	49083

Sec. 5123.01. As used in this chapter:

49084

(A) "Chief medical officer" means the licensed physician	49085
appointed by the managing officer of an institution for the	49086
mentally retarded with the approval of the director of mental	49087
retardation and developmental disabilities to provide medical	49088
treatment for residents of the institution.	49089

(B) "Chief program director" means a person with special	49090
training and experience in the diagnosis and management of the	49091
mentally retarded, certified according to division (C) of this	49092
section in at least one of the designated fields, and appointed by	49093
the managing officer of an institution for the mentally retarded	49094
with the approval of the director to provide habilitation and care	49095
for residents of the institution.	49096

(C) "Comprehensive evaluation" means a study, including a	49097
sequence of observations and examinations, of a person leading to	49098
conclusions and recommendations formulated jointly, with	49099
dissenting opinions if any, by a group of persons with special	49100
training and experience in the diagnosis and management of persons	49101
with mental retardation or a developmental disability, which group	49102
shall include individuals who are professionally qualified in the	49103
fields of medicine, psychology, and social work, together with	49104
such other specialists as the individual case may require.	49105

(D) "Education" means the process of formal training and	49106
instruction to facilitate the intellectual and emotional	49107
development of residents.	49108

(E) "Habilitation" means the process by which the staff of	49109
the institution assists the resident in acquiring and maintaining	49110
those life skills that enable the resident to cope more	49111
effectively with the demands of the resident's own person and of	49112
the resident's environment and in raising the level of the	49113
resident's physical, mental, social, and vocational efficiency.	49114
Habilitation includes but is not limited to programs of formal,	49115
structured education and training.	49116

(F) ~~"Habilitation center services" means services provided by~~	49117
~~a habilitation center certified by the department of mental~~	49118
~~retardation and developmental disabilities under section 5123.041~~	49119
~~of the Revised Code and covered by the medicaid program pursuant~~	49120
~~to rules adopted under section 5111.041 of the Revised Code.~~	49121

~~(G)~~ "Health officer" means any public health physician,	49122
public health nurse, or other person authorized or designated by a	49123
city or general health district.	49124

~~(H)~~(G) "Home and community-based services" means	49125
medicaid-funded home and community-based services specified in	49126
division (B)(1) of section 5111.87 of the Revised Code provided	49127
under the medicaid waiver components the department of mental	49128
retardation and developmental disabilities administers pursuant to	49129
section 5111.871 of the Revised Code.	49130

~~(I)~~(H) "Indigent person" means a person who is unable,	49131
without substantial financial hardship, to provide for the payment	49132
of an attorney and for other necessary expenses of legal	49133
representation, including expert testimony.	49134

~~(J)~~(I) "Institution" means a public or private facility, or a	49135
part of a public or private facility, that is licensed by the	49136
appropriate state department and is equipped to provide	49137
residential habilitation, care, and treatment for the mentally	49138
retarded.	49139

~~(K)~~(J) "Licensed physician" means a person who holds a valid	49140
certificate issued under Chapter 4731. of the Revised Code	49141
authorizing the person to practice medicine and surgery or	49142
osteopathic medicine and surgery, or a medical officer of the	49143
government of the United States while in the performance of the	49144
officer's official duties.	49145

~~(L)~~(K) "Managing officer" means a person who is appointed by	49146
the director of mental retardation and developmental disabilities	49147
to be in executive control of an institution for the mentally	49148
retarded under the jurisdiction of the department.	49149

~~(M)~~(L) "Medicaid" has the same meaning as in section 5111.01	49150
of the Revised Code.	49151

~~(N)~~(M) "Medicaid case management services" means case	49152
management services provided to an individual with mental	49153
retardation or other developmental disability that the state	49154
medicaid plan requires.	49155

~~(O)~~(N) "Mentally retarded person" means a person having	49156
significantly subaverage general intellectual functioning existing	49157
concurrently with deficiencies in adaptive behavior, manifested	49158
during the developmental period.	49159

~~(P)~~(O) "Mentally retarded person subject to	49160
institutionalization by court order" means a person eighteen years	49161
of age or older who is at least moderately mentally retarded and	49162
in relation to whom, because of the person's retardation, either	49163
of the following conditions exist:	49164

(1) The person represents a very substantial risk of physical	49165
impairment or injury to self as manifested by evidence that the	49166
person is unable to provide for and is not providing for the	49167
person's most basic physical needs and that provision for those	49168
needs is not available in the community;	49169

(2) The person needs and is susceptible to significant	49170
habilitation in an institution.	49171

~~(Q)~~(P) "A person who is at least moderately mentally	49172
retarded" means a person who is found, following a comprehensive	49173
evaluation, to be impaired in adaptive behavior to a moderate	49174
degree and to be functioning at the moderate level of intellectual	49175
functioning in accordance with standard measurements as recorded	49176
in the most current revision of the manual of terminology and	49177
classification in mental retardation published by the American	49178
association on mental retardation.	49179

~~(R)~~(Q) As used in this division, "substantial functional	49180
limitation," "developmental delay," and "established risk" have	49181
the meanings established pursuant to section 5123.011 of the	49182
Revised Code.	49183

"Developmental disability" means a severe, chronic disability	49184
that is characterized by all of the following:	49185

(1) It is attributable to a mental or physical impairment or	49186
a combination of mental and physical impairments, other than a	49187
mental or physical impairment solely caused by mental illness as	49188
defined in division (A) of section 5122.01 of the Revised Code.	49189

(2) It is manifested before age twenty-two.

49190

(3) It is likely to continue indefinitely.

49191

(4) It results in one of the following:

49192

(a) In the case of a person under three years of age, at	49193
least one developmental delay or an established risk;	49194

(b) In the case of a person at least three years of age but	49195
under six years of age, at least two developmental delays or an	49196
established risk;	49197

(c) In the case of a person six years of age or older, a	49198
substantial functional limitation in at least three of the	49199
following areas of major life activity, as appropriate for the	49200
person's age: self-care, receptive and expressive language,	49201
learning, mobility, self-direction, capacity for independent	49202
living, and, if the person is at least sixteen years of age,	49203
capacity for economic self-sufficiency.	49204

(5) It causes the person to need a combination and sequence	49205
of special, interdisciplinary, or other type of care, treatment,	49206
or provision of services for an extended period of time that is	49207
individually planned and coordinated for the person.	49208

~~(S)~~(R) "Developmentally disabled person" means a person with	49209
a developmental disability.	49210

~~(T)~~(S) "State institution" means an institution that is	49211
tax-supported and under the jurisdiction of the department.	49212

~~(U)~~(T) "Residence" and "legal residence" have the same	49213
meaning as "legal settlement," which is acquired by residing in	49214
Ohio for a period of one year without receiving general assistance	49215
prior to July 17, 1995, under former Chapter 5113. of the Revised	49216
Code, financial assistance under Chapter 5115. of the Revised	49217
Code, or assistance from a private agency that maintains records	49218
of assistance given. A person having a legal settlement in the	49219
state shall be considered as having legal settlement in the	49220
assistance area in which the person resides. No adult person	49221
coming into this state and having a spouse or minor children	49222
residing in another state shall obtain a legal settlement in this	49223
state as long as the spouse or minor children are receiving public	49224
assistance, care, or support at the expense of the other state or	49225
its subdivisions. For the purpose of determining the legal	49226
settlement of a person who is living in a public or private	49227
institution or in a home subject to licensing by the department of	49228
job and family services, the department of mental health, or the	49229
department of mental retardation and developmental disabilities,	49230
the residence of the person shall be considered as though the	49231
person were residing in the county in which the person was living	49232
prior to the person's entrance into the institution or home.	49233
Settlement once acquired shall continue until a person has been	49234
continuously absent from Ohio for a period of one year or has	49235
acquired a legal residence in another state. A woman who marries a	49236
man with legal settlement in any county immediately acquires the	49237
settlement of her husband. The legal settlement of a minor is that	49238
of the parents, surviving parent, sole parent, parent who is	49239
designated the residential parent and legal custodian by a court,	49240
other adult having permanent custody awarded by a court, or	49241
guardian of the person of the minor, provided that:	49242

(1) A minor female who marries shall be considered to have	49243
the legal settlement of her husband and, in the case of death of	49244
her husband or divorce, she shall not thereby lose her legal	49245
settlement obtained by the marriage.	49246

(2) A minor male who marries, establishes a home, and who has	49247
resided in this state for one year without receiving general	49248
assistance prior to July 17, 1995, under former Chapter 5113. of	49249
the Revised Code, financial assistance under Chapter 5115. of the	49250
Revised Code, or assistance from a private agency that maintains	49251
records of assistance given shall be considered to have obtained a	49252
legal settlement in this state.	49253

(3) The legal settlement of a child under eighteen years of	49254
age who is in the care or custody of a public or private child	49255
caring agency shall not change if the legal settlement of the	49256
parent changes until after the child has been in the home of the	49257
parent for a period of one year.	49258

No person, adult or minor, may establish a legal settlement	49259
in this state for the purpose of gaining admission to any state	49260
institution.	49261

~~(V)~~(U)(1) "Resident" means, subject to division (R)(2) of	49262
this section, a person who is admitted either voluntarily or	49263
involuntarily to an institution or other facility pursuant to	49264
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	49265
Code subsequent to a finding of not guilty by reason of insanity	49266
or incompetence to stand trial or under this chapter who is under	49267
observation or receiving habilitation and care in an institution.	49268

(2) "Resident" does not include a person admitted to an	49269
institution or other facility under section 2945.39, 2945.40,	49270
2945.401, or 2945.402 of the Revised Code to the extent that the	49271
reference in this chapter to resident, or the context in which the	49272
reference occurs, is in conflict with any provision of sections	49273
2945.37 to 2945.402 of the Revised Code.	49274

~~(W)~~(V) "Respondent" means the person whose detention,	49275
commitment, or continued commitment is being sought in any	49276
proceeding under this chapter.	49277

~~(X)~~(W) "Working day" and "court day" mean Monday, Tuesday,	49278
Wednesday, Thursday, and Friday, except when such day is a legal	49279
holiday.	49280

~~(Y)~~(X) "Prosecutor" means the prosecuting attorney, village	49281
solicitor, city director of law, or similar chief legal officer	49282
who prosecuted a criminal case in which a person was found not	49283
guilty by reason of insanity, who would have had the authority to	49284
prosecute a criminal case against a person if the person had not	49285
been found incompetent to stand trial, or who prosecuted a case in	49286
which a person was found guilty.	49287

~~(Z)~~(Y) "Court" means the probate division of the court of	49288
common pleas.	49289

Sec. 5123.046. The department of mental retardation and	49290
developmental disabilities shall review each component of the	49291
three-calendar year plan it receives from a county board of mental	49292
retardation and developmental disabilities under section 5126.054	49293
of the Revised Code and, in consultation with the department of	49294
job and family services and office of budget and management,	49295
approve each component that includes all the information and	49296
conditions specified in that section. The fourth component of the	49297
plan shall be approved or disapproved not later than forty-five	49298
days after the fourth component is submitted to the department	49299
under division (B)(3) of section 5126.054 of the Revised Code. If	49300
the department approves all four components of the plan, the plan	49301
is approved. Otherwise, the plan is disapproved. If the plan is	49302
disapproved, the department shall take action against the county	49303
board under division (B) of section 5126.056 of the Revised Code.	49304

In approving plans under this section, the department shall	49305
ensure that the aggregate of all plans provide for the increased	49306
enrollment into home and community-based services during each	49307
state fiscal year of at least five hundred individuals who did not	49308
receive residential services, supported living, or home and	49309
community-based services the prior state fiscal year if the	49310
department has enough additional enrollment available for this	49311
purpose.	49312

The department shall establish protocols that the department	49313
shall use to determine whether a county board is complying with	49314
the programmatic and financial accountability mechanisms and	49315
achieving outcomes specified in its approved plan. If the	49316
department determines that a county board is not in compliance	49317
with the mechanisms or achieving the outcomes specified in its	49318
approved plan, the department may take action under division	49319
~~(G)~~(F) of section 5126.055 of the Revised Code.	49320

Sec. 5123.047. (A) ~~The department of mental retardation and~~	49321
~~developmental disabilities shall pay the nonfederal share of~~	49322
~~medicaid expenditures for habilitation center services provided to~~	49323
~~an individual with mental retardation or other developmental~~	49324
~~disability unless section 5111.041 of the Revised Code requires a~~	49325
~~county board of mental retardation and developmental disabilities~~	49326
~~or a school district to pay the nonfederal share.~~	49327

~~(B)~~ The department of mental retardation and developmental	49328
disabilities shall pay the nonfederal share of medicaid	49329
expenditures for medicaid case management services if ~~either of~~	49330
~~the following apply:~~	49331

~~(1) The~~the services are provided to an individual with	49332
mental retardation or other developmental disability who a county	49333
board of mental retardation and developmental disabilities has	49334
determined under section 5126.041 of the Revised Code is not	49335
eligible for county board services;	49336

~~(2) The services are provided to an individual with mental~~	49337
~~retardation or other developmental disability by a public or~~	49338
~~private agency with which the department has contracted under~~	49339
~~section 5123.56 of the Revised Code to provide protective services~~	49340
~~to the individual~~.	49341

~~(C)~~(B) The department shall pay the nonfederal share of	49342
medicaid expenditures for home and community-based services if	49343
either of the following apply:	49344

(1) The services are provided to an individual with mental	49345
retardation or other developmental disability who a county board	49346
has determined under section 5126.041 of the Revised Code is not	49347
eligible for county board services;	49348

(2) The services are provided to an individual with mental	49349
retardation or other developmental disability given priority for	49350
the services pursuant to division (D)(3) of section 5126.042 of	49351
the Revised Code. The department shall pay the nonfederal share of	49352
medicaid expenditures for home and community-based services	49353
provided to such an individual for as long as the individual	49354
continues to be eligible for and receive the services, regardless	49355
of whether the services are provided after June 30, 2003.	49356

Sec. 5123.049. The director of mental retardation and	49357
developmental disabilities shall adopt rules in accordance with	49358
Chapter 119. of the Revised Code governing the authorization and	49359
payment of home and community-based services,and medicaid case	49360
management services~~, and habilitation center services~~. The rules	49361
shall provide for private providers of the services to receive one	49362
hundred per cent of the medicaid allowable payment amount and for	49363
government providers of the services to receive the federal share	49364
of the medicaid allowable payment, less the amount withheld as a	49365
fee under section 5123.0412 of the Revised Code and any amount	49366
that may be required by rules adopted under section 5123.0413 of	49367
the Revised Code to be deposited into the state MR/DD risk fund.	49368
The rules shall establish the process by which county boards of	49369
mental retardation and developmental disabilities shall certify	49370
and provide the nonfederal share of medicaid expenditures that the	49371
county board is required by division (A) of section 5126.057 of	49372
the Revised Code to pay. The process shall require a county board	49373
to certify that the county board has funding available at one time	49374
for two months costs for those expenditures. The process may	49375
permit a county board to certify that the county board has funding	49376
available at one time for more than two months costs for those	49377
expenditures.	49378

Sec. 5123.0412. (A) The department of mental retardation and	49379
developmental disabilities shall charge each county board of	49380
mental retardation and developmental disabilities an annual fee	49381
equal to one and one-half per cent of the total value of all	49382
medicaid paid claims for medicaid case management services and	49383
home and community-based services ~~for which the county board~~	49384
~~contracts or provides itself~~provided during the year to an	49385
individual eligible for services from the county board. No county	49386
board shall pass the cost of a fee charged to the county board	49387
under this section on to ~~a person or government entity with which~~	49388
~~the county board contracts to provide the~~another provider of	49389
these services.	49390

(B) The fees collected under this section shall be deposited	49391
into the ODMR/DD administration and oversight fund and the ODJFS	49392
administration and oversight fund, both of which are hereby	49393
created in the state treasury. The portion of the fees to be	49394
deposited into the ODMR/DD administration and oversight fund and	49395
the portion of the fees to be deposited into the ODJFS	49396
administration and oversight fund shall be the portion specified	49397
in an interagency agreement entered into under division (C) of	49398
this section. The department of mental retardation and	49399
developmental disabilities shall use the money in the ODMR/DD	49400
administration and oversight fund and the department of job and	49401
family services shall use the money in the ODJFS administration	49402
and oversight fund for both of the following purposes:	49403

(1) The administrative and oversight costs of ~~habilitation~~	49404
~~center services,~~ medicaid case management services, and home and	49405
community-based services ~~that a county board develops and monitors~~	49406
~~and the county board or a person or government entity under~~	49407
~~contract with the county board provides~~. The administrative and	49408
oversight costs shall include costs for staff, systems, and other	49409
resources the departments need and dedicate solely to the	49410
following duties associated with the services:	49411

(a) Eligibility determinations;

49412

(b) Training;

49413

49414

(d) Claims processing;

49415

(e) Quality assurance oversight;

49416

(f) Other duties the departments identify.

49417

(2) Providing technical support to county boards' local	49418
administrative authority under section 5126.055 of the Revised	49419
Code for the services.	49420

(C) The departments of mental retardation and developmental	49421
disabilities and job and family services shall enter into an	49422
interagency agreement to do both of the following:	49423

(1) Specify which portion of the fees collected under this	49424
section is to be deposited into the ODMR/DD administration and	49425
oversight fund and which portion is to be deposited into the ODJFS	49426
administration and oversight fund;	49427

(2) Provide for the departments to coordinate the staff whose	49428
costs are paid for with money in the ODMR/DD administration and	49429
oversight fund and the ODJFS administration and oversight fund.	49430

(D) The departments shall submit an annual report to the	49431
director of budget and management certifying how the departments	49432
spent the money in the ODMR/DD administration and oversight fund	49433
and the ODJFS administration and oversight fund for the purposes	49434
specified in division (B) of this section.	49435

Sec. 5123.19. (A) As used in this section and in sections	49436
5123.191~~, 5123.194, 5123.196, 5123.198, and~~to 5123.20 of the	49437
Revised Code:	49438

(1)~~(a)~~"Independent living arrangement" means an arrangement	49439
in which an individual with mental retardation or a developmental	49440
disability resides in an individualized setting chosen by the	49441
individual or individual's guardian, which is not dedicated	49442
principally to the provision of residential services for	49443
individuals with mental retardation or a developmental disability,	49444
and for which no financial support is received for rendering such	49445
service from any governmental agency by a provider of residential	49446
services.	49447

(2) "Intermediate care facility for the mentally retarded"	49448
means a residential facility certified as an intermediate care	49449
facility for the mentally retarded by the director of health in	49450
accordance with Title XIX of the "Social Security Act," 79 Stat.	49451
286 (1965), 42 U.S.C. 1396.	49452

(3) "Licensee" means the person or government agency that has	49453
applied for a license to operate a residential facility and to	49454
which the license was issued under this section.	49455

(4) "Political subdivision" means a municipal corporation,	49456
county, or township.	49457

(5) "Residential facility" means a home or facility in which	49458
~~a mentally retarded~~an individual with mental retardation or	49459
~~developmentally disabled person~~a developmental disability	49460
resides, except the home of a relative or legal guardian in which	49461
~~a mentally retarded or developmentally disabled person~~such an	49462
individual resides, a respite care home certified under section	49463
5126.05 of the Revised Code, a county home or district home	49464
operated pursuant to Chapter 5155. of the Revised Code, or a	49465
dwelling in which the only ~~mentally retarded~~residents with mental	49466
retardation or ~~developmentally disabled residents~~a developmental	49467
disability are in an independent living arrangement or are being	49468
provided supported living.	49469

~~(b) "Intermediate care facility for the mentally retarded"~~	49470
~~means a residential facility that is considered an intermediate~~	49471
~~care facility for the mentally retarded for the purposes of~~	49472
~~Chapter 5111. of the Revised Code.~~	49473

~~(2) "Political subdivision" means a municipal corporation,~~	49474
~~county, or township.~~	49475

~~(3) "Independent living arrangement" means an arrangement in~~	49476
~~which a mentally retarded or developmentally disabled person~~	49477
~~resides in an individualized setting chosen by the person or the~~	49478
~~person's guardian, which is not dedicated principally to the~~	49479
~~provision of residential services for mentally retarded or~~	49480
~~developmentally disabled persons, and for which no financial~~	49481
~~support is received for rendering such service from any~~	49482
~~governmental agency by a provider of residential services.~~	49483

~~(4)~~(6) "Residential facility I" means a residential facility	49484
that is not an intermediate care facility for the mentally	49485
retarded.	49486

(7) "Residential facility II" means a residential facility	49487
that is an intermediate care facility for the mentally retarded.	49488

(8) "Supported living" has the same meaning as in section	49489
5126.01 of the Revised Code.	49490

~~(5) "Licensee" means the person or government agency that has~~	49491
~~applied for a license to operate a residential facility and to~~	49492
~~which the license was issued under this section.~~	49493

(B) Every person or government agency desiring to operate a	49494
residential facility shall apply for licensure of the facility to	49495
the director of mental retardation and developmental disabilities	49496
unless the residential facility is subject to section 3721.02,	49497
3722.04, 5103.03, or 5119.20 of the Revised Code. The person or	49498
government agency shall state in the application whether the	49499
person or government agency seeks licensure as a residential	49500
facility I or residential facility II. Notwithstanding Chapter	49501
3721. of the Revised Code, the operator of a nursing home ~~that is~~	49502
~~certified as an intermediate care facility for the mentally~~	49503
~~retarded under Title XIX of the "Social Security Act," 79 Stat.~~	49504
~~286 (1965), 42 U.S.C.A. 1396, as amended,~~ shall apply for	49505
licensure ~~of the~~as a residential facility II for any portion of	49506
the home that is ~~certified as~~ an intermediate care facility for	49507
the mentally retarded.	49508

(C) Subject to section 5123.196 of the Revised Code, the	49509
director of mental retardation and developmental disabilities	49510
shall license the operation of residential facilities. An initial	49511
license shall be issued for a period that does not exceed one	49512
year, unless the director denies the license under division (D) of	49513
this section. A license shall be renewed for a period that does	49514
not exceed three years, unless the director refuses to renew the	49515
license under division (D) of this section. The director, when	49516
issuing or renewing a license, shall specify the period for which	49517
the license is being issued or renewed. A license remains valid	49518
for the length of the licensing period specified by the director,	49519
unless the license is terminated, revoked, or voluntarily	49520
surrendered.	49521

(D) If it is determined that an applicant or licensee is not	49522
in compliance with a provision of this chapter that applies to the	49523
type of residential ~~facilities~~facility that the applicant seeks	49524
to operate or the licensee operates, or the rules adopted under	49525
such a provision, the director may deny issuance of a license,	49526
refuse to renew a license, terminate a license, revoke a license,	49527
issue an order for the suspension of admissions to a facility,	49528
issue an order for the placement of a monitor at a facility, issue	49529
an order for the immediate removal of residents, or take any other	49530
action the director considers necessary consistent with the	49531
director's authority under this chapter regarding residential	49532
facilities. In the director's selection and administration of the	49533
sanction to be imposed, all of the following apply:	49534

(1) The director may deny, refuse to renew, or revoke a	49535
license, if the director determines that the applicant or licensee	49536
has demonstrated a pattern of serious noncompliance or that a	49537
violation creates a substantial risk to the health and safety of	49538
residents of a residential facility.	49539

(2) The director may terminate a license if more than twelve	49540
consecutive months have elapsed since the residential facility was	49541
last occupied by a resident or a notice required by division (J)	49542
of this section is not given.	49543

(3) The director may issue an order for the suspension of	49544
admissions to a facility for any violation that may result in	49545
sanctions under division (D)(1) of this section and for any other	49546
violation specified in rules adopted under division (G)(2) of this	49547
section. If the suspension of admissions is imposed for a	49548
violation that may result in sanctions under division (D)(1) of	49549
this section, the director may impose the suspension before	49550
providing an opportunity for an adjudication under Chapter 119. of	49551
the Revised Code. The director shall lift an order for the	49552
suspension of admissions when the director determines that the	49553
violation that formed the basis for the order has been corrected.	49554

(4) The director may order the placement of a monitor at a	49555
residential facility for any violation specified in rules adopted	49556
under division (G)(2) of this section. The director shall lift the	49557
order when the director determines that the violation that formed	49558
the basis for the order has been corrected.	49559

(5) If the director determines that two or more residential	49560
facilities owned or operated by the same person or government	49561
entity are not being operated in compliance with a provision of	49562
this chapter that applies to the type of residential facility that	49563
the facilities are, or the rules adopted under such a provision,	49564
and the director's findings are based on the same or a	49565
substantially similar action, practice, circumstance, or incident	49566
that creates a substantial risk to the health and safety of the	49567
residents, the director shall conduct a survey as soon as	49568
practicable at each residential facility owned or operated by that	49569
person or government entity. The director may take any action	49570
authorized by this section with respect to any facility found to	49571
be operating in violation of a provision of this chapter that	49572
applies to the type of residential facility that the facilities	49573
are, or the rules adopted under such a provision.	49574

(6) When the director initiates license revocation	49575
proceedings, no opportunity for submitting a plan of correction	49576
shall be given. The director shall notify the licensee by letter	49577
of the initiation of such proceedings. The letter shall list the	49578
deficiencies of the residential facility and inform the licensee	49579
that no plan of correction will be accepted. The director shall	49580
also notify each affected resident, the resident's guardian if the	49581
resident is an adult for whom a guardian has been appointed, the	49582
resident's parent or guardian if the resident is a minor, and the	49583
county board of mental retardation and developmental disabilities.	49584

(7) Pursuant to rules which shall be adopted in accordance	49585
with Chapter 119. of the Revised Code, the director may order the	49586
immediate removal of residents from a residential facility	49587
whenever conditions at the facility present an immediate danger of	49588
physical or psychological harm to the residents.	49589

(8) In determining whether a residential facility is being	49590
operated in compliance with a provision of this chapter that	49591
applies to the type of residential ~~facilities~~facility that the	49592
facility is, or the rules adopted under such a provision, or	49593
whether conditions at a residential facility present an immediate	49594
danger of physical or psychological harm to the residents, the	49595
director may rely on information obtained by a county board of	49596
mental retardation and developmental disabilities or other	49597
governmental agencies.	49598

(9) In proceedings initiated to deny, refuse to renew, or	49599
revoke licenses, the director may deny, refuse to renew, or revoke	49600
a license regardless of whether some or all of the deficiencies	49601
that prompted the proceedings have been corrected at the time of	49602
the hearing.	49603

(E) The director shall establish a program under which public	49604
notification may be made when the director has initiated license	49605
revocation proceedings or has issued an order for the suspension	49606
of admissions, placement of a monitor, or removal of residents.	49607
The director shall adopt rules in accordance with Chapter 119. of	49608
the Revised Code to implement this division. The rules shall	49609
establish the procedures by which the public notification will be	49610
made and specify the circumstances for which the notification must	49611
be made. The rules shall require that public notification be made	49612
if the director has taken action against the facility in the	49613
eighteen-month period immediately preceding the director's latest	49614
action against the facility and the latest action is being taken	49615
for the same or a substantially similar violation of a provision	49616
of this chapter that applies to the type of residential ~~facilities~~	49617
facility that the facility is, or the rules adopted under such a	49618
provision. The rules shall specify a method for removing or	49619
amending the public notification if the director's action is found	49620
to have been unjustified or the violation at the residential	49621
facility has been corrected.	49622

(F)(1) Except as provided in division (F)(2) of this section,	49623
appeals from proceedings initiated to impose a sanction under	49624
division (D) of this section shall be conducted in accordance with	49625
Chapter 119. of the Revised Code.	49626

(2) Appeals from proceedings initiated to order the	49627
suspension of admissions to a facility shall be conducted in	49628
accordance with Chapter 119. of the Revised Code, unless the order	49629
was issued before providing an opportunity for an adjudication, in	49630
which case all of the following apply:	49631

(a) The licensee may request a hearing not later than ten	49632
days after receiving the notice specified in section 119.07 of the	49633
Revised Code.	49634

(b) If a timely request for a hearing is made, the hearing	49635
shall commence not later than thirty days after the department	49636
receives the request.	49637

(c) After commencing, the hearing shall continue	49638
uninterrupted, except for Saturdays, Sundays, and legal holidays,	49639
unless other interruptions are agreed to by the licensee and the	49640
director.	49641

(d) If the hearing is conducted by a hearing examiner, the	49642
hearing examiner shall file a report and recommendations not later	49643
than ten days after the close of the hearing.	49644

(e) Not later than five days after the hearing examiner files	49645
the report and recommendations, the licensee may file objections	49646
to the report and recommendations.	49647

(f) Not later than fifteen days after the hearing examiner	49648
files the report and recommendations, the director shall issue an	49649
order approving, modifying, or disapproving the report and	49650
recommendations.	49651

(g) Notwithstanding the pendency of the hearing, the director	49652
shall lift the order for the suspension of admissions when the	49653
director determines that the violation that formed the basis for	49654
the order has been corrected.	49655

(G) In accordance with Chapter 119. of the Revised Code, the	49656
director shall adopt and may amend and rescind rules for licensing	49657
and regulating the operation of residential facilities~~, including~~	49658
~~intermediate care facilities for the mentally retarded. The rules~~	49659
~~for intermediate care facilities for the mentally retarded may~~	49660
~~differ from those for other residential facilities~~. The rules	49661
shall establish and specify the following:	49662

(1) Procedures and criteria for issuing and renewing	49663
licenses, including procedures and criteria for determining the	49664
length of the licensing period that the director must specify for	49665
each license when it is issued or renewed;	49666

(2) Procedures and criteria for denying, refusing to renew,	49667
terminating, and revoking licenses and for ordering the suspension	49668
of admissions to a facility, placement of a monitor at a facility,	49669
and the immediate removal of residents from a facility;	49670

(3) Fees for issuing and renewing licenses;

49671

(4) Procedures for surveying residential facilities;

49672

(5) Requirements for the training of residential facility	49673
personnel;	49674

(6) Classifications for the various types of residential	49675
facilities beyond the residential facility I and II	49676
classifications;	49677

(7) Certification procedures for licensees and management	49678
contractors that the director determines are necessary to ensure	49679
that they have the skills and qualifications to properly operate	49680
or manage residential facilities;	49681

(8) The maximum number of persons who may be served in a	49682
particular type of residential facility;	49683

(9) Uniform procedures for admission of persons to and	49684
transfers and discharges of persons from residential facilities;	49685

(10) Other standards for the operation of residential	49686
facilities and the services provided at residential facilities,	49687
including standards applicable to residential facilities II but	49688
not to residential facilities I;	49689

(11) Procedures for waiving any provision of any rule adopted	49690
under this section.	49691

(H) Before issuing a license, the director of the department	49692
or the director's designee shall conduct a survey of the	49693
residential facility for which application is made. The director	49694
or the director's designee shall conduct a survey of each licensed	49695
residential facility at least once during the period the license	49696
is valid and may conduct additional inspections as needed. A	49697
survey includes but is not limited to an on-site examination and	49698
evaluation of the residential facility, its personnel, and the	49699
services provided there.	49700

In conducting surveys, the director or the director's	49701
designee shall be given access to the residential facility; all	49702
records, accounts, and any other documents related to the	49703
operation of the facility; the licensee; the residents of the	49704
facility; and all persons acting on behalf of, under the control	49705
of, or in connection with the licensee. The licensee and all	49706
persons on behalf of, under the control of, or in connection with	49707
the licensee shall cooperate with the director or the director's	49708
designee in conducting the survey.	49709

Following each survey, unless the director initiates a	49710
license revocation proceeding, the director or the director's	49711
designee shall provide the licensee with a report listing any	49712
deficiencies, specifying a timetable within which the licensee	49713
shall submit a plan of correction describing how the deficiencies	49714
will be corrected, and, when appropriate, specifying a timetable	49715
within which the licensee must correct the deficiencies. After a	49716
plan of correction is submitted, the director or the director's	49717
designee shall approve or disapprove the plan. A copy of the	49718
report and any approved plan of correction shall be provided to	49719
any person who requests it.	49720

The director shall initiate disciplinary action against any	49721
department employee who notifies or causes the notification to any	49722
unauthorized person of an unannounced survey of a residential	49723
facility by an authorized representative of the department.	49724

(I) In addition to any other information which may be	49725
required of applicants for a license pursuant to this section, the	49726
director shall require each applicant to provide a copy of an	49727
approved plan for a proposed residential facility pursuant to	49728
section 5123.042 of the Revised Code. This division does not apply	49729
to renewal of a license.	49730

(J) A licensee shall notify the owner of the building in	49731
which the licensee's residential facility is located of any	49732
significant change in the identity of the licensee or management	49733
contractor before the effective date of the change if the licensee	49734
is not the owner of the building.	49735

Pursuant to rules which shall be adopted in accordance with	49736
Chapter 119. of the Revised Code, the director may require	49737
notification to the department of any significant change in the	49738
ownership of a residential facility or in the identity of the	49739
licensee or management contractor. If the director determines that	49740
a significant change of ownership is proposed, the director shall	49741
consider the proposed change to be an application for development	49742
by a new operator pursuant to section 5123.042 of the Revised Code	49743
and shall advise the applicant within sixty days of such	49744
notification that the current license shall continue in effect or	49745
a new license will be required pursuant to this section. If the	49746
director requires a new license, the director shall permit the	49747
facility to continue to operate under the current license until	49748
the new license is issued, unless the current license is revoked,	49749
refused to be renewed, or terminated in accordance with Chapter	49750
119. of the Revised Code.	49751

(K) A county board of mental retardation and developmental	49752
disabilities, the legal rights service, and any interested person	49753
may file complaints alleging violations of statute or department	49754
rule relating to residential facilities with the department. All	49755
complaints shall be in writing and shall state the facts	49756
constituting the basis of the allegation. The department shall not	49757
reveal the source of any complaint unless the complainant agrees	49758
in writing to waive the right to confidentiality or until so	49759
ordered by a court of competent jurisdiction.	49760

The department shall adopt rules in accordance with Chapter	49761
119. of the Revised Code establishing procedures for the receipt,	49762
referral, investigation, and disposition of complaints filed with	49763
the department under this division.	49764

(L) The department shall establish procedures for the	49765
notification of interested parties of the transfer or interim care	49766
of residents from residential facilities that are closing or are	49767
losing their license.	49768

(M) Before issuing a license under this section to a	49769
residential facility that will accommodate at any time more than	49770
one ~~mentally retarded~~individual with mental retardation or	49771
~~developmentally disabled individual~~a developmental disability,	49772
the director shall, by first class mail, notify the following:	49773

(1) If the facility will be located in a municipal	49774
corporation, the clerk of the legislative authority of the	49775
municipal corporation;	49776

(2) If the facility will be located in unincorporated	49777
territory, the clerk of the appropriate board of county	49778
commissioners and the clerk of the appropriate board of township	49779
trustees.	49780

The director shall not issue the license for ten days after	49781
mailing the notice, excluding Saturdays, Sundays, and legal	49782
holidays, in order to give the notified local officials time in	49783
which to comment on the proposed issuance.	49784

Any legislative authority of a municipal corporation, board	49785
of county commissioners, or board of township trustees that	49786
receives notice under this division of the proposed issuance of a	49787
license for a residential facility may comment on it in writing to	49788
the director within ten days after the director mailed the notice,	49789
excluding Saturdays, Sundays, and legal holidays. If the director	49790
receives written comments from any notified officials within the	49791
specified time, the director shall make written findings	49792
concerning the comments and the director's decision on the	49793
issuance of the license. If the director does not receive written	49794
comments from any notified local officials within the specified	49795
time, the director shall continue the process for issuance of the	49796
license.	49797

(N) Any person may operate a licensed residential facility	49798
that provides room and board, personal care, habilitation	49799
services, and supervision in a family setting for at least six but	49800
not more than eight ~~persons~~individuals with mental retardation or	49801
a developmental disability as a permitted use in any residential	49802
district or zone, including any single-family residential district	49803
or zone, of any political subdivision. These residential	49804
facilities may be required to comply with area, height, yard, and	49805
architectural compatibility requirements that are uniformly	49806
imposed upon all single-family residences within the district or	49807
zone.	49808

(O) Any person may operate a licensed residential facility	49809
that provides room and board, personal care, habilitation	49810
services, and supervision in a family setting for at least nine	49811
but not more than sixteen ~~persons~~individuals with mental	49812
retardation or a developmental disability as a permitted use in	49813
any multiple-family residential district or zone of any political	49814
subdivision, except that a political subdivision that has enacted	49815
a zoning ordinance or resolution establishing planned unit	49816
development districts may exclude these residential facilities	49817
from such districts, and a political subdivision that has enacted	49818
a zoning ordinance or resolution may regulate these residential	49819
facilities in multiple-family residential districts or zones as a	49820
conditionally permitted use or special exception, in either case,	49821
under reasonable and specific standards and conditions set out in	49822
the zoning ordinance or resolution to:	49823

(1) Require the architectural design and site layout of the	49824
residential facility and the location, nature, and height of any	49825
walls, screens, and fences to be compatible with adjoining land	49826
uses and the residential character of the neighborhood;	49827

(2) Require compliance with yard, parking, and sign	49828
regulation;	49829

(3) Limit excessive concentration of these residential	49830
facilities.	49831

(P) This section does not prohibit a political subdivision	49832
from applying to residential facilities nondiscriminatory	49833
regulations requiring compliance with health, fire, and safety	49834
regulations and building standards and regulations.	49835

(Q) Divisions (N) and (O) of this section are not applicable	49836
to municipal corporations that had in effect on June 15, 1977, an	49837
ordinance specifically permitting in residential zones licensed	49838
residential facilities by means of permitted uses, conditional	49839
uses, or special exception, so long as such ordinance remains in	49840
effect without any substantive modification.	49841

(R)(1) The director may issue an interim license to operate a	49842
residential facility to an applicant for a license under this	49843
section if either of the following is the case:	49844

(a) The director determines that an emergency exists	49845
requiring immediate placement of persons in a residential	49846
facility, that insufficient licensed beds are available, and that	49847
the residential facility is likely to receive a permanent license	49848
under this section within thirty days after issuance of the	49849
interim license.	49850

(b) The director determines that the issuance of an interim	49851
license is necessary to meet a temporary need for a residential	49852
facility.	49853

(2) To be eligible to receive an interim license, an	49854
applicant must meet the same criteria that must be met to receive	49855
a permanent license under this section, except for any differing	49856
procedures and time frames that may apply to issuance of a	49857
permanent license.	49858

(3) An interim license shall be valid for thirty days and may	49859
be renewed by the director for a period not to exceed one hundred	49860
fifty days.	49861

(4) The director shall adopt rules in accordance with Chapter	49862
119. of the Revised Code as the director considers necessary to	49863
administer the issuance of interim licenses.	49864

(S) Notwithstanding rules adopted pursuant to this section	49865
establishing the maximum number of ~~persons~~individuals who may be	49866
served in a particular type of residential facility, a residential	49867
facility shall be permitted to serve the same number of ~~persons~~	49868
individuals being served by the facility on the effective date of	49869
such rules or the number of ~~persons~~individuals for which the	49870
facility is authorized pursuant to a current application for a	49871
certificate of need with a letter of support from the department	49872
of mental retardation and developmental disabilities and which is	49873
in the review process prior to April 4, 1986.	49874

(T) The director or the director's designee may enter at any	49875
time, for purposes of investigation, any home, facility, or other	49876
structure that has been reported to the director or that the	49877
director has reasonable cause to believe is being operated as a	49878
residential facility without a license issued under this section.	49879

The director may petition the court of common pleas of the	49880
county in which an unlicensed residential facility is located for	49881
an order enjoining the person or governmental agency operating the	49882
facility from continuing to operate without a license. The court	49883
may grant the injunction on a showing that the person or	49884
governmental agency named in the petition is operating a	49885
residential facility without a license. The court may grant the	49886
injunction, regardless of whether the residential facility meets	49887
the requirements for receiving a license under this section.	49888

Sec. 5123.196. (A) Except as provided in ~~divisions (F)~~	49889
division (E) of this section, the director of mental retardation	49890
and developmental disabilities shall not issue a license under	49891
section 5123.19 of the Revised Code on or after July 1, ~~2003~~2005,	49892
if issuance will result in there being more beds in all	49893
residential facilities II licensed under that section than is	49894
permitted under division (B) of this section.	49895

(B) The maximum number of beds for the purpose of division	49896
(A) of this section shall not exceed ~~ten thousand eight hundred~~	49897
~~thirty-eight~~seven thousand six hundred fifty-six minus, except as	49898
provided in division (C) of this section, both of the following:	49899

(1) The number of such beds that cease to be residential	49900
facility II beds on or after July 1, ~~2003~~2005, because a	49901
residential facility II license is revoked, terminated, or not	49902
renewed for any reason or is surrendered in accordance with	49903
section 5123.19 of the Revised Code and after the issuance of an	49904
adjudication order pursuant to Chapter 119. of the Revised Code;	49905

(2) The number of such beds for which a licensee voluntarily	49906
converts to use for supported living on or after July 1, ~~2003~~	49907
2005.	49908

(C) The director is not required to reduce the maximum number	49909
of beds pursuant to division (B) of this section by a bed that	49910
ceases to be a residential facility II bed if the director	49911
determines that the bed is needed to provide services to an	49912
individual with mental retardation or a developmental disability	49913
who resided in the residential facility in which the bed was	49914
located.	49915

(D) The director shall maintain an up-to-date written record	49916
of the maximum number of residential facility II beds provided for	49917
by division (B) of this section.	49918

~~(F)~~(E) The director may issue an interim license under	49919
division (R) of section 5123.19 of the Revised Code and issue,	49920
pursuant to rules adopted under division (G)(11) of that section,	49921
a waiver allowing a residential facility II to admit more	49922
residents than the facility is licensed to admit regardless of	49923
whether the interim license or waiver will result in there being	49924
more beds in all residential facilities II licensed under that	49925
section than is permitted under division (B) of this section.	49926

Sec. 5123.1910. A residential facility II shall employ a	49927
qualified mental retardation professional who meets the	49928
requirements of 42 C.F.R. 483.430 and a medical director. A	49929
residential facility II shall employ or contract for the services	49930
of a registered nurse licensed under Chapter 4723. of the Revised	49931
Code and, if the facility provides special diets to any of its	49932
residents, a dietitian licensed under Chapter 4759. of the Revised	49933
Code.	49934

Sec. 5123.20. ~~As used in this section, "supported living"~~	49935
~~has the same meaning as in section 5126.01 of the Revised Code.~~	49936

No person or government agency shall operate a residential	49937
facility or receive ~~a mentally retarded~~an individual with mental	49938
retardation or ~~developmentally disabled person~~a developmental	49939
disability as a resident of a residential facility unless the	49940
facility is licensed under section 5123.19 of the Revised Code,	49941
~~and no~~as the type of residential facility that the facility is.	49942
No person or governmental agency shall operate a respite care home	49943
or receive a mentally retarded or developmentally disabled person	49944
in a respite care home unless the home is certified under section	49945
5126.05 of the Revised Code.	49946

No person or government agency shall provide supported living	49947
unless that person or government agency is certified under section	49948
5126.431 of the Revised Code.	49949

Sec. 5123.34. This chapter attempts to do all of the	49950
following:	49951

(A) Provide humane and scientific treatment and care and the	49952
highest attainable degree of individual development for persons	49953
with mental retardation or a developmental disability;	49954

(B) Promote the study of the causes of mental retardation and	49955
developmental disabilities, with a view to ultimate prevention;	49956

(C) Secure by uniform and systematic management the highest	49957
attainable degree of economy in the administration of the	49958
institutions under the control of the department of mental	49959
retardation and developmental disabilities.	49960

Sections 5123.02 to 5123.04, ~~5123.041 to~~5123.042, 5123.043,	49961
5123.10, 5123.21, 5123.221, 5123.25, and 5123.31 of the Revised	49962
Code shall be liberally construed to attain these purposes.	49963

Sec. 5123.701. (A) Except as provided in division (E) of	49964
this section, any person in the community who is eighteen years of	49965
age or older and who is or believes self to be mentally retarded	49966
may make written application to the managing officer of any	49967
institution for temporary admission for short-term care. The	49968
application may be made on behalf of a minor by a parent or	49969
guardian, and on behalf of an adult adjudicated mentally	49970
incompetent by a guardian.	49971

(B) For purposes of this section, short-term care shall be	49972
defined to mean appropriate services provided to a person with	49973
mental retardation for no more than fourteen consecutive days and	49974
for no more than forty-two days in a fiscal year. When	49975
circumstances warrant, the fourteen-day period may be extended at	49976
the discretion of the managing officer. Short-term care is	49977
provided in a developmental center to meet the family's or	49978
caretaker's needs for separation from the person with mental	49979
retardation.	49980

(C) The managing officer of an institution, with the	49981
concurrence of the chief program director, may admit a person for	49982
short-term care only after a medical examination has been made of	49983
the person and only if the managing officer concludes that the	49984
person is mentally retarded.	49985

(D) If application for admission for short-term care of a	49986
minor or of a person adjudicated mentally incompetent is made by	49987
the minor's parent or guardian or by the incompetent's guardian	49988
and the minor or incompetent is admitted, the probate division of	49989
the court of common pleas shall determine, upon petition by the	49990
legal rights service, whether the admission for short-term care is	49991
in the best interest of the minor or the incompetent.	49992

(E) A person who is found not guilty by reason of insanity	49993
shall not admit self to an institution for short-term care unless	49994
a hearing was held regarding the person pursuant to division (A)	49995
of section 2945.40 of the Revised Code and either of the following	49996
applies:	49997

(1) The person was found at the hearing not to be a mentally	49998
retarded person subject to institutionalization by court order;	49999

(2) The person was found at the hearing to be a mentally	50000
retarded person subject to institutionalization by court order,	50001
was involuntarily committed, and was finally discharged.	50002

(F) The mentally retarded person, liable relatives, and	50003
guardians of mentally retarded persons admitted for respite care	50004
shall pay support charges in accordance with sections ~~5121.03~~	50005
5121.01 to 5121.07 of the Revised Code.	50006

(G) At the conclusion of each period of short-term care, the	50007
person shall return to the person's family or caretaker. Under no	50008
circumstances shall a person admitted for short-term care	50009
according to this section remain in the institution after the	50010
period of short-term care unless the person is admitted according	50011
to section 5123.70, sections 5123.71 to 5123.76, or section	50012
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	50013
Code.	50014

Sec. 5123.71. (A)(1) Proceedings for the involuntary	50015
institutionalization of a person pursuant to sections 5123.71 to	50016
5123.76 of the Revised Code shall be commenced by the filing of an	50017
affidavit with the probate division of the court of common pleas	50018
of the county where the person resides or where the person is	50019
institutionalized, in the manner and form prescribed by the	50020
department of mental retardation and developmental disabilities	50021
either on information or actual knowledge, whichever is determined	50022
to be proper by the court. The affidavit may be filed only by a	50023
person who has custody of the individual as a parent, guardian, or	50024
service provider or by a person acting on behalf of the department	50025
or a county board of mental retardation and developmental	50026
disabilities. This section does not apply regarding the	50027
institutionalization of a person pursuant to section 2945.39,	50028
2945.40, 2945.401, or 2945.402 of the Revised Code.	50029

The affidavit shall contain an allegation setting forth the	50030
specific category or categories under division ~~(P)~~(O) of section	50031
5123.01 of the Revised Code upon which the commencement of	50032
proceedings is based and a statement of the factual ground for the	50033
belief that the person is a mentally retarded person subject to	50034
institutionalization by court order. Except as provided in	50035
division (A)(2) of this section, the affidavit shall be	50036
accompanied by both of the following:	50037

(a) A comprehensive evaluation report prepared by the	50038
person's evaluation team that includes a statement by the members	50039
of the team certifying that they have performed a comprehensive	50040
evaluation of the person and that they are of the opinion that the	50041
person is a mentally retarded person subject to	50042
institutionalization by court order;	50043

(b) An assessment report prepared by the county board of	50044
mental retardation and developmental disabilities under section	50045
5123.711 of the Revised Code specifying that the individual is in	50046
need of services on an emergency or priority basis.	50047

(2) In lieu of the comprehensive evaluation report, the	50048
affidavit may be accompanied by a written and sworn statement that	50049
the person or the guardian of a person adjudicated incompetent has	50050
refused to allow a comprehensive evaluation and county board	50051
assessment and assessment reports. Immediately after accepting an	50052
affidavit that is not accompanied by the reports of a	50053
comprehensive evaluation and county board assessment, the court	50054
shall cause a comprehensive evaluation and county board assessment	50055
of the person named in the affidavit to be performed. The	50056
evaluation shall be conducted in the least restrictive environment	50057
possible and the assessment shall be conducted in the same manner	50058
as assessments conducted under section 5123.711 of the Revised	50059
Code. The evaluation and assessment must be completed before a	50060
probable cause hearing or full hearing may be held under section	50061
5123.75 or 5123.76 of the Revised Code.	50062

A written report of the evaluation team's findings and the	50063
county board's assessment shall be filed with the court. The	50064
reports shall, consistent with the rules of evidence, be accepted	50065
as probative evidence in any proceeding under section 5123.75 or	50066
5123.76 of the Revised Code. If the counsel for the person who is	50067
evaluated or assessed is known, the court shall send to the	50068
counsel a copy of the reports as soon as possible after they are	50069
filed and prior to any proceedings under section 5123.75 or	50070
5123.76 of the Revised Code.	50071

(B) Any person who is involuntarily detained in an	50072
institution or otherwise is in custody under this chapter shall be	50073
informed of the right to do the following:	50074

(1) Immediately make a reasonable number of telephone calls	50075
or use other reasonable means to contact an attorney, a physician,	50076
or both, to contact any other person or persons to secure	50077
representation by counsel, or to obtain medical assistance, and be	50078
provided assistance in making calls if the assistance is needed	50079
and requested;	50080

(2) Retain counsel and have independent expert evaluation	50081
and, if the person is an indigent person, be represented by	50082
court-appointed counsel and have independent expert evaluation at	50083
court expense;	50084

(3) Upon request, have a hearing to determine whether there	50085
is probable cause to believe that the person is a mentally	50086
retarded person subject to institutionalization by court order.	50087

(C) No person who is being treated by spiritual means through	50088
prayer alone in accordance with a recognized religious method of	50089
healing may be ordered detained or involuntarily committed unless	50090
the court has determined that the person represents a very	50091
substantial risk of self-impairment, self-injury, or impairment or	50092
injury to others.	50093

Sec. 5123.76. (A) The full hearing shall be conducted in a	50094
manner consistent with the procedures outlined in this chapter and	50095
with due process of law. The hearing shall be held by a judge of	50096
the probate division or, upon transfer by the judge of the probate	50097
division, by another judge of the court of common pleas, or a	50098
referee designated by the judge of the probate division. Any	50099
referee designated by the judge of the probate division must be an	50100
attorney.	50101

(1) The following shall be made available to counsel for the	50102
respondent:	50103

(a) All relevant documents, information, and evidence in the	50104
custody or control of the state or prosecutor;	50105

(b) All relevant documents, information, and evidence in the	50106
custody or control of the institution, facility, or program in	50107
which the respondent currently is held or in which the respondent	50108
has been held pursuant to these proceedings;	50109

(c) With the consent of the respondent, all relevant	50110
documents, information, and evidence in the custody or control of	50111
any institution or person other than the state.	50112

(2) The respondent has the right to be represented by counsel	50113
of the respondent's choice and has the right to attend the hearing	50114
except if unusual circumstances of compelling medical necessity	50115
exist that render the respondent unable to attend and the	50116
respondent has not expressed a desire to attend.	50117

(3) If the respondent is not represented by counsel and the	50118
court determines that the conditions specified in division (A)(2)	50119
of this section justify the respondent's absence and the right to	50120
counsel has not been validly waived, the court shall appoint	50121
counsel forthwith to represent the respondent at the hearing,	50122
reserving the right to tax costs of appointed counsel to the	50123
respondent unless it is shown that the respondent is indigent. If	50124
the court appoints counsel, or if the court determines that the	50125
evidence relevant to the respondent's absence does not justify the	50126
absence, the court shall continue the case.	50127

(4) The respondent shall be informed of the right to retain	50128
counsel, to have independent expert evaluation, and, if an	50129
indigent person, to be represented by court appointed counsel and	50130
have expert independent evaluation at court expense.	50131

(5) The hearing may be closed to the public unless counsel	50132
for the respondent requests that the hearing be open to the	50133
public.	50134

(6) Unless objected to by the respondent, the respondent's	50135
counsel, or the designee of the director of mental retardation and	50136
developmental disabilities, the court, for good cause shown, may	50137
admit persons having a legitimate interest in the proceedings.	50138

(7) The affiant under section 5123.71 of the Revised Code	50139
shall be subject to subpoena by either party.	50140

(8) The court shall examine the sufficiency of all documents	50141
filed and shall inform the respondent, if present, and the	50142
respondent's counsel of the nature of the content of the documents	50143
and the reason for which the respondent is being held or for which	50144
the respondent's placement is being sought.	50145

(9) The court shall receive only relevant, competent, and	50146
material evidence.	50147

(10) The designee of the director shall present the evidence	50148
for the state. In proceedings under this chapter, the attorney	50149
general shall present the comprehensive evaluation, assessment,	50150
diagnosis, prognosis, record of habilitation and care, if any, and	50151
less restrictive habilitation plans, if any. The attorney general	50152
does not have a similar presentation responsibility in connection	50153
with a person who has been found not guilty by reason of insanity	50154
and who is the subject of a hearing under section 2945.40 of the	50155
Revised Code to determine whether the person is a mentally	50156
retarded person subject to institutionalization by court order.	50157

(11) The respondent has the right to testify and the	50158
respondent or the respondent's counsel has the right to subpoena	50159
witnesses and documents and to present and cross-examine	50160
witnesses.	50161

(12) The respondent shall not be compelled to testify and	50162
shall be so advised by the court.	50163

(13) On motion of the respondent or the respondent's counsel	50164
for good cause shown, or upon the court's own motion, the court	50165
may order a continuance of the hearing.	50166

(14) To an extent not inconsistent with this chapter, the	50167
Rules of Civil Procedure shall be applicable.	50168

(B) Unless, upon completion of the hearing, the court finds	50169
by clear and convincing evidence that the respondent named in the	50170
affidavit is a mentally retarded person subject to	50171
institutionalization by court order, it shall order the	50172
respondent's discharge forthwith.	50173

(C) If, upon completion of the hearing, the court finds by	50174
clear and convincing evidence that the respondent is a mentally	50175
retarded person subject to institutionalization by court order,	50176
the court may order the respondent's discharge or order the	50177
respondent, for a period not to exceed ninety days, to any of the	50178
following:	50179

(1) A public institution, provided that commitment of the	50180
respondent to the institution will not cause the institution to	50181
exceed its licensed capacity determined in accordance with section	50182
5123.19 of the Revised Code and provided that such a placement is	50183
indicated by the comprehensive evaluation report filed pursuant to	50184
section 5123.71 of the Revised Code;	50185

(2) A private institution;

50186

(3) A county mental retardation program;

50187

(4) Receive private habilitation and care;

50188

(5) Any other suitable facility, program, or the care of any	50189
person consistent with the comprehensive evaluation, assessment,	50190
diagnosis, prognosis, and habilitation needs of the respondent.	50191

(D) Any order made pursuant to division (C)(2), (4), or (5)	50192
of this section shall be conditional upon the receipt by the court	50193
of consent by the facility, program, or person to accept the	50194
respondent.	50195

(E) In determining the place to which, or the person with	50196
whom, the respondent is to be committed, the court shall consider	50197
the comprehensive evaluation, assessment, diagnosis, and projected	50198
habilitation plan for the respondent, and shall order the	50199
implementation of the least restrictive alternative available and	50200
consistent with habilitation goals.	50201

(F) If, at any time it is determined by the director of the	50202
facility or program to which, or the person to whom, the	50203
respondent is committed that the respondent could be equally well	50204
habilitated in a less restrictive environment that is available,	50205
the following shall occur:	50206

(1) The respondent shall be released by the director of the	50207
facility or program or by the person forthwith and referred to the	50208
court together with a report of the findings and recommendations	50209
of the facility, program, or person.	50210

(2) The director of the facility or program or the person	50211
shall notify the respondent's counsel and the designee of the	50212
director of mental retardation and developmental disabilities.	50213

(3) The court shall dismiss the case or order placement in	50214
the less restrictive environment.	50215

(G)(1) Except as provided in divisions (G)(2) and (3) of this	50216
section, any person who has been committed under this section may	50217
apply at any time during the ninety-day period for voluntary	50218
admission to an institution under section 5123.69 of the Revised	50219
Code. Upon admission of a voluntary resident, the managing officer	50220
immediately shall notify the court, the respondent's counsel, and	50221
the designee of the director in writing of that fact by mail or	50222
otherwise, and, upon receipt of the notice, the court shall	50223
dismiss the case.	50224

(2) A person who is found incompetent to stand trial or not	50225
guilty by reason of insanity and who is committed pursuant to	50226
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	50227
Code shall not be voluntarily admitted to an institution pursuant	50228
to division (G)(1) of this section until after the termination of	50229
the commitment, as described in division (J) of section 2945.401	50230
of the Revised Code.	50231

(H) If, at the end of any commitment period, the respondent	50232
has not already been discharged or has not requested voluntary	50233
admission status, the director of the facility or program, or the	50234
person to whose care the respondent has been committed, shall	50235
discharge the respondent forthwith, unless at least ten days	50236
before the expiration of that period the designee of the director	50237
of mental retardation and developmental disabilities or the	50238
prosecutor files an application with the court requesting	50239
continued commitment.	50240

(1) An application for continued commitment shall include a	50241
written report containing a current comprehensive evaluation and	50242
assessment, a diagnosis, a prognosis, an account of progress and	50243
past habilitation, and a description of alternative habilitation	50244
settings and plans, including a habilitation setting that is the	50245
least restrictive setting consistent with the need for	50246
habilitation. A copy of the application shall be provided to	50247
respondent's counsel. The requirements for notice under section	50248
5123.73 of the Revised Code and the provisions of divisions (A) to	50249
(E) of this section apply to all hearings on such applications.	50250

(2) A hearing on the first application for continued	50251
commitment shall be held at the expiration of the first ninety-day	50252
period. The hearing shall be mandatory and may not be waived.	50253

(3) Subsequent periods of commitment not to exceed one	50254
hundred eighty days each may be ordered by the court if the	50255
designee of the director of mental retardation and developmental	50256
disabilities files an application for continued commitment, after	50257
a hearing is held on the application or without a hearing if no	50258
hearing is requested and no hearing required under division (H)(4)	50259
of this section is waived. Upon the application of a person	50260
involuntarily committed under this section, supported by an	50261
affidavit of a licensed physician alleging that the person is no	50262
longer a mentally retarded person subject to institutionalization	50263
by court order, the court for good cause shown may hold a full	50264
hearing on the person's continued commitment prior to the	50265
expiration of any subsequent period of commitment set by the	50266
court.	50267

(4) A mandatory hearing shall be held at least every two	50268
years after the initial commitment.	50269

(5) If the court, after a hearing upon a request to continue	50270
commitment, finds that the respondent is a mentally retarded	50271
person subject to institutionalization by court order, the court	50272
may make an order pursuant to divisions (C), (D), and (E) of this	50273
section.	50274

(I) Notwithstanding the provisions of division (H) of this	50275
section, no person who is found to be a mentally retarded person	50276
subject to institutionalization by court order pursuant to	50277
division ~~(P)~~(O)(2) of section 5123.01 of the Revised Code shall be	50278
held under involuntary commitment for more than five years.	50279

(J) The managing officer admitting a person pursuant to a	50280
judicial proceeding, within ten working days of the admission,	50281
shall make a report of the admission to the department.	50282

Sec. 5126.01. As used in this chapter:

50283

(A) As used in this division, "adult" means an individual who	50284
is eighteen years of age or over and not enrolled in a program or	50285
service under Chapter 3323. of the Revised Code and an individual	50286
sixteen or seventeen years of age who is eligible for adult	50287
services under rules adopted by the director of mental retardation	50288
and developmental disabilities pursuant to Chapter 119. of the	50289
Revised Code.	50290

(1) "Adult services" means services provided to an adult	50291
outside the home, except when they are provided within the home	50292
according to an individual's assessed needs and identified in an	50293
individual service plan, that support learning and assistance in	50294
the area of self-care, sensory and motor development,	50295
socialization, daily living skills, communication, community	50296
living, social skills, or vocational skills.	50297

(2) "Adult services" includes all of the following:

50298

(a) Adult day habilitation services;

50299

(b) Adult day care;

50300

50301

(d) Sheltered employment;

50302

(e) Educational experiences and training obtained through	50303
entities and activities that are not expressly intended for	50304
individuals with mental retardation and developmental	50305
disabilities, including trade schools, vocational or technical	50306
schools, adult education, job exploration and sampling, unpaid	50307
work experience in the community, volunteer activities, and	50308
spectator sports;	50309

(f) Community employment services and supported employment	50310
services.	50311

(B)(1) "Adult day habilitation services" means adult services	50312
that do the following:	50313

(a) Provide access to and participation in typical activities	50314
and functions of community life that are desired and chosen by the	50315
general population, including such activities and functions as	50316
opportunities to experience and participate in community	50317
exploration, companionship with friends and peers, leisure	50318
activities, hobbies, maintaining family contacts, community	50319
events, and activities where individuals without disabilities are	50320
involved;	50321

(b) Provide supports or a combination of training and	50322
supports that afford an individual a wide variety of opportunities	50323
to facilitate and build relationships and social supports in the	50324
community.	50325

(2) "Adult day habilitation services" includes all of the	50326
following:	50327

(a) Personal care services needed to ensure an individual's	50328
ability to experience and participate in vocational services,	50329
educational services, community activities, and any other adult	50330
day habilitation services;	50331

(b) Skilled services provided while receiving adult day	50332
habilitation services, including such skilled services as behavior	50333
management intervention, occupational therapy, speech and language	50334
therapy, physical therapy, and nursing services;	50335

(c) Training and education in self-determination designed to	50336
help the individual do one or more of the following: develop	50337
self-advocacy skills, exercise the individual's civil rights,	50338
acquire skills that enable the individual to exercise control and	50339
responsibility over the services received, and acquire skills that	50340
enable the individual to become more independent, integrated, or	50341
productive in the community;	50342

(d) Recreational and leisure activities identified in the	50343
individual's service plan as therapeutic in nature or assistive in	50344
developing or maintaining social supports;	50345

(e) Counseling and assistance provided to obtain housing,	50346
including such counseling as identifying options for either rental	50347
or purchase, identifying financial resources, assessing needs for	50348
environmental modifications, locating housing, and planning for	50349
ongoing management and maintenance of the housing selected;	50350

(f) Transportation necessary to access adult day habilitation	50351
services;	50352

(g) Habilitation management, as described in section 5126.14	50353
of the Revised Code.	50354

(3) "Adult day habilitation services" does not include	50355
activities that are components of the provision of residential	50356
services, family support services, or supported living services.	50357

(C) "Community employment services" or "supported employment	50358
services" means job training and other services related to	50359
employment outside a sheltered workshop. "Community employment	50360
services" or "supported employment services" include all of the	50361
following:	50362

(1) Job training resulting in the attainment of competitive	50363
work, supported work in a typical work environment, or	50364
self-employment;	50365

(2) Supervised work experience through an employer paid to	50366
provide the supervised work experience;	50367

(3) Ongoing work in a competitive work environment at a wage	50368
commensurate with workers without disabilities;	50369

(4) Ongoing supervision by an employer paid to provide the	50370
supervision.	50371

(D) As used in this division, "substantial functional	50372
limitation," "developmental delay," and "established risk" have	50373
the meanings established pursuant to section 5123.011 of the	50374
Revised Code.	50375

"Developmental disability" means a severe, chronic disability	50376
that is characterized by all of the following:	50377

(1) It is attributable to a mental or physical impairment or	50378
a combination of mental and physical impairments, other than a	50379
mental or physical impairment solely caused by mental illness as	50380
defined in division (A) of section 5122.01 of the Revised Code;	50381

(2) It is manifested before age twenty-two;

50382

(3) It is likely to continue indefinitely;

50383

(4) It results in one of the following:

50384

(a) In the case of a person under age three, at least one	50385
developmental delay or an established risk;	50386

(b) In the case of a person at least age three but under age	50387
six, at least two developmental delays or an established risk;	50388

(c) In the case of a person age six or older, a substantial	50389
functional limitation in at least three of the following areas of	50390
major life activity, as appropriate for the person's age:	50391
self-care, receptive and expressive language, learning, mobility,	50392
self-direction, capacity for independent living, and, if the	50393
person is at least age sixteen, capacity for economic	50394
self-sufficiency.	50395

(5) It causes the person to need a combination and sequence	50396
of special, interdisciplinary, or other type of care, treatment,	50397
or provision of services for an extended period of time that is	50398
individually planned and coordinated for the person.	50399

(E) "Early childhood services" means a planned program of	50400
habilitation designed to meet the needs of individuals with mental	50401
retardation or other developmental disabilities who have not	50402
attained compulsory school age.	50403

(F)(1) "Environmental modifications" means the physical	50404
adaptations to an individual's home, specified in the individual's	50405
service plan, that are necessary to ensure the individual's	50406
health, safety, and welfare or that enable the individual to	50407
function with greater independence in the home, and without which	50408
the individual would require institutionalization.	50409

(2) "Environmental modifications" includes such adaptations	50410
as installation of ramps and grab-bars, widening of doorways,	50411
modification of bathroom facilities, and installation of	50412
specialized electric and plumbing systems necessary to accommodate	50413
the individual's medical equipment and supplies.	50414

(3) "Environmental modifications" does not include physical	50415
adaptations or improvements to the home that are of general	50416
utility or not of direct medical or remedial benefit to the	50417
individual, including such adaptations or improvements as	50418
carpeting, roof repair, and central air conditioning.	50419

(G) "Family support services" means the services provided	50420
under a family support services program operated under section	50421
5126.11 of the Revised Code.	50422

(H) "Habilitation" means the process by which the staff of	50423
the facility or agency assists an individual with mental	50424
retardation or other developmental disability in acquiring and	50425
maintaining those life skills that enable the individual to cope	50426
more effectively with the demands of the individual's own person	50427
and environment, and in raising the level of the individual's	50428
personal, physical, mental, social, and vocational efficiency.	50429
Habilitation includes, but is not limited to, programs of formal,	50430
structured education and training.	50431

(I) ~~"Habilitation center services" means services provided by~~	50432
~~a habilitation center certified by the department of mental~~	50433
~~retardation and developmental disabilities under section 5123.041~~	50434
~~of the Revised Code and covered by the medicaid program pursuant~~	50435
~~to rules adopted under section 5111.041 of the Revised Code.~~	50436

~~(J)~~ "Home and community-based services" means medicaid-funded	50437
home and community-based services specified in division (B)(1) of	50438
section 5111.87 of the Revised Code and provided under the	50439
medicaid waiver components the department of mental retardation	50440
and developmental disabilities administers pursuant to section	50441
5111.871 of the Revised Code.	50442

~~(K)~~(J) "Medicaid" has the same meaning as in section 5111.01	50443
of the Revised Code.	50444

~~(L)~~(K) "Medicaid case management services" means case	50445
management services provided to an individual with mental	50446
retardation or other developmental disability that the state	50447
medicaid plan requires.	50448

~~(M)~~(L) "Mental retardation" means a mental impairment	50449
manifested during the developmental period characterized by	50450
significantly subaverage general intellectual functioning existing	50451
concurrently with deficiencies in the effectiveness or degree with	50452
which an individual meets the standards of personal independence	50453
and social responsibility expected of the individual's age and	50454
cultural group.	50455

~~(N)~~(M) "Residential services" means services to individuals	50456
with mental retardation or other developmental disabilities to	50457
provide housing, food, clothing, habilitation, staff support, and	50458
related support services necessary for the health, safety, and	50459
welfare of the individuals and the advancement of their quality of	50460
life. "Residential services" includes program management, as	50461
described in section 5126.14 of the Revised Code.	50462

~~(O)~~(N) "Resources" means available capital and other assets,	50463
including moneys received from the federal, state, and local	50464
governments, private grants, and donations; appropriately	50465
qualified personnel; and appropriate capital facilities and	50466
equipment.	50467

~~(P)~~(O) "Service and support administration" means the duties	50468
performed by a service and support administrator pursuant to	50469
section 5126.15 of the Revised Code.	50470

~~(Q)~~(P)(1) "Specialized medical, adaptive, and assistive	50471
equipment, supplies, and supports" means equipment, supplies, and	50472
supports that enable an individual to increase the ability to	50473
perform activities of daily living or to perceive, control, or	50474
communicate within the environment.	50475

(2) "Specialized medical, adaptive, and assistive equipment,	50476
supplies, and supports" includes the following:	50477

(a) Eating utensils, adaptive feeding dishes, plate guards,	50478
mylatex straps, hand splints, reaches, feeder seats, adjustable	50479
pointer sticks, interpreter services, telecommunication devices	50480
for the deaf, computerized communications boards, other	50481
communication devices, support animals, veterinary care for	50482
support animals, adaptive beds, supine boards, prone boards,	50483
wedges, sand bags, sidelayers, bolsters, adaptive electrical	50484
switches, hand-held shower heads, air conditioners, humidifiers,	50485
emergency response systems, folding shopping carts, vehicle lifts,	50486
vehicle hand controls, other adaptations of vehicles for	50487
accessibility, and repair of the equipment received.	50488

(b) Nondisposable items not covered by medicaid that are	50489
intended to assist an individual in activities of daily living or	50490
instrumental activities of daily living.	50491

~~(R)~~(Q) "Supportive home services" means a range of services	50492
to families of individuals with mental retardation or other	50493
developmental disabilities to develop and maintain increased	50494
acceptance and understanding of such persons, increased ability of	50495
family members to teach the person, better coordination between	50496
school and home, skills in performing specific therapeutic and	50497
management techniques, and ability to cope with specific	50498
situations.	50499

~~(S)~~(R)(1) "Supported living" means services provided for as	50500
long as twenty-four hours a day to an individual with mental	50501
retardation or other developmental disability through any public	50502
or private resources, including moneys from the individual, that	50503
enhance the individual's reputation in community life and advance	50504
the individual's quality of life by doing the following:	50505

(a) Providing the support necessary to enable an individual	50506
to live in a residence of the individual's choice, with any number	50507
of individuals who are not disabled, or with not more than three	50508
individuals with mental retardation and developmental disabilities	50509
unless the individuals are related by blood or marriage;	50510

(b) Encouraging the individual's participation in the	50511
community;	50512

50513

(d) Assisting the individual in acquiring, retaining, and	50514
improving the skills and competence necessary to live successfully	50515
in the individual's residence.	50516

(2) "Supported living" includes the provision of all of the	50517
following:	50518

(a) Housing, food, clothing, habilitation, staff support,	50519
professional services, and any related support services necessary	50520
to ensure the health, safety, and welfare of the individual	50521
receiving the services;	50522

(b) A combination of life-long or extended-duration	50523
supervision, training, and other services essential to daily	50524
living, including assessment and evaluation and assistance with	50525
the cost of training materials, transportation, fees, and	50526
supplies;	50527

50528

(d) Household maintenance that does not include modifications	50529
to the physical structure of the residence;	50530

(e) Respite care services;

50531

(f) Program management, as described in section 5126.14 of	50532
the Revised Code.	50533

Sec. 5126.035. (A) As used in this section:

50534

(1) "Provider" means a person or government entity that	50535
provides services to an individual with mental retardation or	50536
other developmental disability pursuant to a service contract.	50537

(2) "Service contract" means a contract between a county	50538
board of mental retardation and developmental disabilities and a	50539
provider under which the provider is to provide services to an	50540
individual with mental retardation or other developmental	50541
disability.	50542

(B) Each service contract that a county board of mental	50543
retardation and developmental disabilities enters into with a	50544
provider shall do ~~all~~both of the following:	50545

(1) ~~Comply with rules adopted under division (E) of this~~	50546
~~section;~~	50547

~~(2)~~ If the provider is to provide home and community-based	50548
services,or medicaid case management services, ~~or habilitation~~	50549
~~center services,~~ comply with all applicable statewide medicaid	50550
requirements;	50551

~~(3)~~(2) Include a general operating agreement component and an	50552
individual service needs addendum.	50553

(C) The general operating agreement component shall include	50554
all of the following:	50555

(1) The roles and responsibilities of the county board	50556
regarding services for individuals with mental retardation or	50557
other developmental disability who reside in the county the county	50558
board serves;	50559

(2) The roles and responsibilities of the provider as	50560
specified in the individual service needs addendum;	50561

(3) Procedures for the county board to monitor the provider's	50562
services;	50563

(4) Procedures for the county board to evaluate the quality	50564
of care and cost effectiveness of the provider's services;	50565

(5) Procedures for payment of eligible claims;

50566

(6) If the provider is to provide home and community-based	50567
services,or medicaid case management services, ~~or habilitation~~	50568
~~center services,~~ both of the following:	50569

(a) Procedures for reimbursement that conform to the	50570
statewide reimbursement process and the county board's plan	50571
submitted under section 5126.054 of the Revised Code;	50572

(b) Procedures that ensure that the county board pays the	50573
nonfederal share of the medicaid expenditures that the county	50574
board is required by division (A) of section 5126.057 of the	50575
Revised Code to pay.	50576

(7) Procedures for the county board to perform service	50577
utilization reviews and the implementation of required corrective	50578
actions;	50579

(8) Procedures for the provider to submit claims for payment	50580
for a service no later than three hundred thirty days after the	50581
date the service is provided;	50582

(9) Procedures for rejecting claims for payment that are	50583
submitted after the time required by division ~~(B)(9)~~(C)(8) of this	50584
section;	50585

(10) Procedures for developing, modifying, and executing	50586
initial and subsequent service plans. The procedures shall provide	50587
for the provider's participation.	50588

(11) Procedures for affording individuals due process	50589
protections;	50590

(12) General staffing, training, and certification	50591
requirements that are consistent with state requirements and	50592
compensation arrangements that are necessary to attract, train,	50593
and retain competent personnel to deliver the services pursuant to	50594
the individual service needs addendum;	50595

(13) Methods to be used to document services provided and	50596
procedures for submitting reports the county board requires;	50597

(14) Methods for authorizing and documenting within	50598
seventy-two hours changes to the individual service needs	50599
addendum. The methods shall allow for changes to be initially	50600
authorized verbally and subsequently in writing.	50601

(15) Procedures for modifying the individual service needs	50602
addendum in accordance with changes to the recipient's	50603
individualized service plan;	50604

(16) Procedures for terminating the individual service needs	50605
addendum within thirty days of a request made by the recipient;	50606

(17) A requirement that all parties to the contract accept	50607
the contract's terms and conditions;	50608

(18) A designated contact person and the method of contacting	50609
the designated person to respond to medical or behavioral problems	50610
and allegations of major unusual incidents or unusual incidents;	50611

(19) Procedures for ensuring the health and welfare of the	50612
recipient;	50613

(20) Procedures for ensuring fiscal accountability and the	50614
collection and reporting of programmatic data;	50615

(21) Procedures for implementing the mediation and	50616
arbitration process under section 5126.036 of the Revised Code;	50617

(22) Procedures for amending or terminating the contract,	50618
including as necessary to make the general operating agreement	50619
component consistent with any changes made to the individual	50620
service needs addendum;	50621

(23) Anything else allowable under federal and state law that	50622
the county board and provider agree to.	50623

(D) The individual service needs addendum shall be consistent	50624
with the general operating agreement component and include all of	50625
the following:	50626

(1) The name of the individual with mental retardation or	50627
other developmental disability who is to receive the services from	50628
the provider and any information about the recipient that the	50629
provider needs to be able to provide the services;	50630

(2) A clear and complete description of the services that the	50631
recipient is to receive as determined using statewide assessment	50632
tools;	50633

(3) A copy of the recipient's assessment and individualized	50634
service plan;	50635

(4) A clear and complete description of the provider's	50636
responsibilities to the recipient and county board in providing	50637
appropriate services in a coordinated manner with other providers	50638
and in a manner that contributes to and ensures the recipient's	50639
health, safety, and welfare.	50640

(E) ~~The director of mental retardation and developmental~~	50641
~~disabilities shall adopt rules in accordance with Chapter 119. of~~	50642
~~the Revised Code governing service contracts.~~ A service contract	50643
does not negate the requirement that a provider of home and	50644
community-based services,or medicaid case management services~~, or~~	50645
~~habilitation center services~~ have a medicaid provider agreement	50646
with the department of job and family services.	50647

Sec. 5126.042. (A) As used in this section, "emergency"	50648
means any situation that creates for an individual with mental	50649
retardation or developmental disabilities a risk of substantial	50650
self-harm or substantial harm to others if action is not taken	50651
within thirty days. An "emergency" may include one or more of the	50652
following situations:	50653

(1) Loss of present residence for any reason, including legal	50654
action;	50655

(2) Loss of present caretaker for any reason, including	50656
serious illness of the caretaker, change in the caretaker's	50657
status, or inability of the caretaker to perform effectively for	50658
the individual;	50659

(3) Abuse, neglect, or exploitation of the individual;

50660

(4) Health and safety conditions that pose a serious risk to	50661
the individual or others of immediate harm or death;	50662

(5) Change in the emotional or physical condition of the	50663
individual that necessitates substantial accommodation that cannot	50664
be reasonably provided by the individual's existing caretaker.	50665

(B) If a county board of mental retardation and developmental	50666
disabilities determines that available resources are not	50667
sufficient to meet the needs of all individuals who request	50668
programs and services and may be offered the programs and	50669
services, it shall establish waiting lists for services. The board	50670
may establish priorities for making placements on its waiting	50671
lists according to an individual's emergency status and shall	50672
establish priorities in accordance with divisions (D) and (E) of	50673
this section.	50674

The individuals who may be placed on a waiting list include	50675
individuals with a need for services on an emergency basis and	50676
individuals who have requested services for which resources are	50677
not available.	50678

Except for an individual who is to receive priority for	50679
services pursuant to division (D)(3) of this section, an	50680
individual who currently receives a service but would like to	50681
change to another service shall not be placed on a waiting list	50682
but shall be placed on a service substitution list. The board	50683
shall work with the individual, service providers, and all	50684
appropriate entities to facilitate the change in service as	50685
expeditiously as possible. The board may establish priorities for	50686
making placements on its service substitution lists according to	50687
an individual's emergency status.	50688

In addition to maintaining waiting lists and service	50689
substitution lists, a board shall maintain a long-term service	50690
planning registry for individuals who wish to record their	50691
intention to request in the future a service they are not	50692
currently receiving. The purpose of the registry is to enable the	50693
board to document requests and to plan appropriately. The board	50694
may not place an individual on the registry who meets the	50695
conditions for receipt of services on an emergency basis.	50696

(C) A county board shall establish a separate waiting list	50697
for each of the following categories of services, and may	50698
establish separate waiting lists within the waiting lists:	50699

(1) Early childhood services;

50700

(2) Educational programs for preschool and school age	50701
children;	50702

(3) Adult services;

50703

(4) Service and support administration;

50704

(5) Residential services and supported living;

50705

(6) Transportation services;

50706

(7) Other services determined necessary and appropriate for	50707
persons with mental retardation or a developmental disability	50708
according to their individual habilitation or service plans;	50709

(8) Family support services provided under section 5126.11 of	50710
the Revised Code.	50711

(D) Except as provided in division (G) of this section, a	50712
county board shall do, as priorities, all of the following in	50713
accordance with the assessment component, approved under section	50714
5123.046 of the Revised Code, of the county board's plan developed	50715
under section 5126.054 of the Revised Code:	50716

(1) For the purpose of obtaining additional federal medicaid	50717
funds for home and community-based services,and medicaid case	50718
management services, ~~and habilitation center services,~~ do both of	50719
the following:	50720

(a) Give an individual who is eligible for home and	50721
community-based services and meets both of the following	50722
requirements priority over any other individual on a waiting list	50723
established under division (C) of this section for home and	50724
community-based services that include supported living,	50725
residential services, or family support services:	50726

(i) Is twenty-two years of age or older;

50727

(ii) Receives supported living or family support services.

50728

(b) Give an individual who is eligible for home and	50729
community-based services and meets both of the following	50730
requirements priority over any other individual on a waiting list	50731
established under division (C) of this section for home and	50732
community-based services that include adult services:	50733

(i) Resides in the individual's own home or the home of the	50734
individual's family and will continue to reside in that home after	50735
enrollment in home and community-based services;	50736

(ii) Receives adult services from the county board.

50737

(2) As federal medicaid funds become available pursuant to	50738
division (D)(1) of this section, give an individual who is	50739
eligible for home and community-based services and meets any of	50740
the following requirements priority for such services over any	50741
other individual on a waiting list established under division (C)	50742
of this section:	50743

(a) Does not receive residential services or supported	50744
living, either needs services in the individual's current living	50745
arrangement or will need services in a new living arrangement, and	50746
has a primary caregiver who is sixty years of age or older;	50747

(b) Is less than twenty-two years of age and has at least one	50748
of the following service needs that are unusual in scope or	50749
intensity:	50750

(i) Severe behavior problems for which a behavior support	50751
plan is needed;	50752

(ii) An emotional disorder for which anti-psychotic	50753
medication is needed;	50754

(iii) A medical condition that leaves the individual	50755
dependent on life-support medical technology;	50756

(iv) A condition affecting multiple body systems for which a	50757
combination of specialized medical, psychological, educational, or	50758
habilitation services are needed;	50759

(v) A condition the county board determines to be comparable	50760
in severity to any condition described in division (D)(2)(b)(i) to	50761
(iv) of this section and places the individual at significant risk	50762
of institutionalization.	50763

(c) Is twenty-two years of age or older, does not receive	50764
residential services or supported living, and is determined by the	50765
county board to have intensive needs for home and community-based	50766
services on an in-home or out-of-home basis.	50767

(3) In fiscal years 2002 and 2003, give an individual who is	50768
eligible for home and community-based services, resides in an	50769
intermediate care facility for the mentally retarded or nursing	50770
facility, chooses to move to another setting with the help of home	50771
and community-based services, and has been determined by the	50772
department of mental retardation and developmental disabilities to	50773
be capable of residing in the other setting, priority over any	50774
other individual on a waiting list established under division (C)	50775
of this section for home and community-based services who does not	50776
meet these criteria. The department of mental retardation and	50777
developmental disabilities shall identify the individuals to	50778
receive priority under division (D)(3) of this section, assess the	50779
needs of the individuals, and notify the county boards that are to	50780
provide the individuals priority under division (D)(3) of this	50781
section of the individuals identified by the department and the	50782
individuals' assessed needs.	50783

(E) Except as provided in division (G) of this section and	50784
for a number of years and beginning on a date specified in rules	50785
adopted under division (K) of this section, a county board shall	50786
give an individual who is eligible for home and community-based	50787
services, resides in a nursing facility, and chooses to move to	50788
another setting with the help of home and community-based	50789
services, priority over any other individual on a waiting list	50790
established under division (C) of this section for home and	50791
community-based services who does not meet these criteria.	50792

(F) If two or more individuals on a waiting list established	50793
under division (C) of this section for home and community-based	50794
services have priority for the services pursuant to division	50795
(D)(1) or (2) or (E) of this section, a county board may use,	50796
until December 31, ~~2005~~2007, criteria specified in rules adopted	50797
under division (K)(2) of this section in determining the order in	50798
which the individuals with priority will be offered the services.	50799
Otherwise, the county board shall offer the home and	50800
community-based services to such individuals in the order they are	50801
placed on the waiting list.	50802

(G)(1) No individual may receive priority for services	50803
pursuant to division (D) or (E) of this section over an individual	50804
placed on a waiting list established under division (C) of this	50805
section on an emergency status.	50806

(2) No more than four hundred individuals in the state may	50807
receive priority for services during the ~~2004~~2006 and ~~2005~~2007	50808
biennium pursuant to division (D)(2)(b) of this section.	50809

(3) No more than a total of seventy-five individuals in the	50810
state may receive priority for services during state fiscal years	50811
2002 and 2003 pursuant to division (D)(3) of this section.	50812

(4) No more than forty individuals in the state may receive	50813
priority for services pursuant to division (E) of this section for	50814
each year that priority category is in effect as specified in	50815
rules adopted under division (K) of this section.	50816

(H) Prior to establishing any waiting list under this	50817
section, a county board shall develop and implement a policy for	50818
waiting lists that complies with this section and rules adopted	50819
under division (K) of this section.	50820

Prior to placing an individual on a waiting list, the county	50821
board shall assess the service needs of the individual in	50822
accordance with all applicable state and federal laws. The county	50823
board shall place the individual on the appropriate waiting list	50824
and may place the individual on more than one waiting list. The	50825
county board shall notify the individual of the individual's	50826
placement and position on each waiting list on which the	50827
individual is placed.	50828

At least annually, the county board shall reassess the	50829
service needs of each individual on a waiting list. If it	50830
determines that an individual no longer needs a program or	50831
service, the county board shall remove the individual from the	50832
waiting list. If it determines that an individual needs a program	50833
or service other than the one for which the individual is on the	50834
waiting list, the county board shall provide the program or	50835
service to the individual or place the individual on a waiting	50836
list for the program or service in accordance with the board's	50837
policy for waiting lists.	50838

When a program or service for which there is a waiting list	50839
becomes available, the county board shall reassess the service	50840
needs of the individual next scheduled on the waiting list to	50841
receive that program or service. If the reassessment demonstrates	50842
that the individual continues to need the program or service, the	50843
board shall offer the program or service to the individual. If it	50844
determines that an individual no longer needs a program or	50845
service, the county board shall remove the individual from the	50846
waiting list. If it determines that an individual needs a program	50847
or service other than the one for which the individual is on the	50848
waiting list, the county board shall provide the program or	50849
service to the individual or place the individual on a waiting	50850
list for the program or service in accordance with the board's	50851
policy for waiting lists. The county board shall notify the	50852
individual of the individual's placement and position on the	50853
waiting list on which the individual is placed.	50854

(I) A child subject to a determination made pursuant to	50855
section 121.38 of the Revised Code who requires the home and	50856
community-based services provided through a medicaid component	50857
that the department of mental retardation and developmental	50858
disabilities administers under section 5111.871 of the Revised	50859
Code shall receive services through that medicaid component. For	50860
all other services, a child subject to a determination made	50861
pursuant to section 121.38 of the Revised Code shall be treated as	50862
an emergency by the county boards and shall not be subject to a	50863
waiting list.	50864

(J) Not later than the fifteenth day of March of each	50865
even-numbered year, each county board shall prepare and submit to	50866
the director of mental retardation and developmental disabilities	50867
its recommendations for the funding of services for individuals	50868
with mental retardation and developmental disabilities and its	50869
proposals for reducing the waiting lists for services.	50870

(K)(1) The department of mental retardation and developmental	50871
disabilities shall adopt rules in accordance with Chapter 119. of	50872
the Revised Code governing waiting lists established under this	50873
section. The rules shall include procedures to be followed to	50874
ensure that the due process rights of individuals placed on	50875
waiting lists are not violated.	50876

(2) As part of the rules adopted under this division, the	50877
department shall adopt rules establishing criteria a county board	50878
may use under division (F) of this section in determining the	50879
order in which individuals with priority for home and	50880
community-based services will be offered the services. The rules	50881
shall also specify conditions under which a county board, when	50882
there is no individual with priority for home and community-based	50883
services pursuant to division (D)(1) or (2) or (E) of this section	50884
available and appropriate for the services, may offer the services	50885
to an individual on a waiting list for the services but not given	50886
such priority for the services. The rules adopted under division	50887
(K)(2) of this section shall cease to have effect December 31,	50888
~~2005~~2007.	50889

(3) As part of the rules adopted under this division, the	50890
department shall adopt rules specifying both of the following for	50891
the priority category established under division (E) of this	50892
section:	50893

(a) The number of years, which shall not exceed five, that	50894
the priority category will be in effect;	50895

(b) The date that the priority category is to go into effect.

50896

(L) The following shall take precedence over the applicable	50897
provisions of this section:	50898

(1) Medicaid rules and regulations;

50899

(2) Any specific requirements that may be contained within a	50900
medicaid state plan amendment or waiver program that a county	50901
board has authority to administer or with respect to which it has	50902
authority to provide services, programs, or supports.	50903

Sec. 5126.054. (A) Each county board of mental retardation	50904
and developmental disabilities shall, by resolution, develop a	50905
three-calendar year plan that includes the following four	50906
components:	50907

(1) An assessment component that includes all of the	50908
following:	50909

(a) The number of individuals with mental retardation or	50910
other developmental disability residing in the county who need the	50911
level of care provided by an intermediate care facility for the	50912
mentally retarded, may seek home and community-based services, are	50913
given priority for the services pursuant to division (D) of	50914
section 5126.042 of the Revised Code; the service needs of those	50915
individuals; and the projected annualized cost for services;	50916

(b) The source of funds available to the county board to pay	50917
the nonfederal share of medicaid expenditures that the county	50918
board is required by division (A) of section 5126.057 of the	50919
Revised Code to pay;	50920

(c) Any other applicable information or conditions that the	50921
department of mental retardation and developmental disabilities	50922
requires as a condition of approving the component under section	50923
5123.046 of the Revised Code.	50924

(2) A component that provides for the recruitment, training,	50925
and retention of existing and new direct care staff necessary to	50926
implement services included in individualized service plans,	50927
including behavior management services and health management	50928
services such as delegated nursing and other habilitation	50929
services, and protect the health and welfare of individuals	50930
receiving services included in the individual's individualized	50931
service plan by complying with safeguards for unusual and major	50932
unusual incidents, day-to-day program management, and other	50933
requirements the department shall identify. A county board shall	50934
develop this component in collaboration with providers of	50935
medicaid-funded services with which the county board contracts. A	50936
county board shall include all of the following in the component:	50937

(a) The source and amount of funds available for the	50938
component;	50939

(b) A plan and timeline for implementing the component with	50940
the medicaid providers under contract with the county board;	50941

(c) The mechanisms the county board shall use to ensure the	50942
financial and program accountability of the medicaid provider's	50943
implementation of the component.	50944

(3) A preliminary implementation component that specifies the	50945
number of individuals to be provided, during the first year that	50946
the plan is in effect, home and community-based services pursuant	50947
to the priority given to them under divisions (D)(1) and (2) of	50948
section 5126.042 of the Revised Code and the types of home and	50949
community-based services the individuals are to receive;	50950

(4) A component that provides for the implementation of	50951
~~habilitation center services,~~ medicaid case management services,	50952
and home and community-based services for individuals who begin to	50953
receive the services on or after the date the plan is approved	50954
under section 5123.046 of the Revised Code. A county board shall	50955
include all of the following in the component:	50956

(a) If the department of mental retardation and developmental	50957
disabilities or department of job and family services requires, an	50958
agreement to pay the nonfederal share of medicaid expenditures	50959
that the county board is required by division (A) of section	50960
5126.057 of the Revised Code to pay;	50961

(b) How the services are to be phased in over the period the	50962
plan covers, including how the county board will serve individuals	50963
on a waiting list established under division (C) of section	50964
5126.042 who are given priority status under division (D)(1) of	50965
that section;	50966

(c) Any agreement or commitment regarding the county board's	50967
funding of home and community-based services that the county board	50968
has with the department at the time the county board develops the	50969
component;	50970

(d) Assurances adequate to the department that the county	50971
board will comply with all of the following requirements:	50972

(i) To provide the types of home and community-based services	50973
specified in the preliminary implementation component required by	50974
division (A)(3) of this section to at least the number of	50975
individuals specified in that component;	50976

(ii) To use any additional funds the county board receives	50977
for the services to improve the county board's resource	50978
capabilities for supporting such services available in the county	50979
at the time the component is developed and to expand the services	50980
to accommodate the unmet need for those services in the county;	50981

(iii) To employ a business manager who is either a new	50982
employee who has earned at least a bachelor's degree in business	50983
administration or a current employee who has the equivalent	50984
experience of a bachelor's degree in business administration. If	50985
the county board will employ a new employee, the county board	50986
shall include in the component a timeline for employing the	50987
employee.	50988

(iv) To employ or contract with a medicaid services manager	50989
who is either a new employee who has earned at least a bachelor's	50990
degree or a current employee who has the equivalent experience of	50991
a bachelor's degree. If the county board will employ a new	50992
employee, the county board shall include in the component a	50993
timeline for employing the employee. Two or three county boards	50994
that have a combined total enrollment in county board services not	50995
exceeding one thousand individuals as determined pursuant to	50996
certifications made under division (B) of section 5126.12 of the	50997
Revised Code may satisfy this requirement by sharing the services	50998
of a medicaid services manager or using the services of a medicaid	50999
services manager employed by or under contract with a regional	51000
council that the county boards establish under section 5126.13 of	51001
the Revised Code.	51002

(e) An agreement to comply with the method, developed by	51003
rules adopted under section 5123.0413 of the Revised Code, of	51004
paying for extraordinary costs, including extraordinary costs for	51005
services to individuals with mental retardation or other	51006
developmental disability, and ensuring the availability of	51007
adequate funds in the event a county property tax levy for	51008
services for individuals with mental retardation or other	51009
developmental disability fails;	51010

(f) Programmatic and financial accountability measures and	51011
projected outcomes expected from the implementation of the plan;	51012

(g) Any other applicable information or conditions that the	51013
department requires as a condition of approving the component	51014
under section 5123.046 of the Revised Code.	51015

(B) For the purpose of obtaining the department's approval	51016
under section 5123.046 of the Revised Code of the plan the county	51017
board develops under division (A) of this section, a county board	51018
shall do all of the following:	51019

(1) Submit the components required by divisions (A)(1) and	51020
(2) of this section to the department not later than August 1,	51021
2001;	51022

(2) Submit the component required by division (A)(3) of this	51023
section to the department not later than January 31, 2002;	51024

(3) Submit the component required by division (A)(4) of this	51025
section to the department not later than July 1, 2002.	51026

(C) A county board whose plan developed under division (A) of	51027
this section is approved by the department under section 5123.046	51028
of the Revised Code shall update and renew the plan in accordance	51029
with a schedule the department shall develop.	51030

Sec. 5126.055. (A) Except as provided in section 5126.056 of	51031
the Revised Code, a county board of mental retardation and	51032
developmental disabilities has medicaid local administrative	51033
authority to, and shall, do all of the following for an individual	51034
with mental retardation or other developmental disability who	51035
resides in the county that the county board serves and seeks or	51036
receives home and community-based services:	51037

(1) Perform assessments and evaluations of the individual. As	51038
part of the assessment and evaluation process, the county board	51039
shall do all of the following:	51040

(a) Make a recommendation to the department of mental	51041
retardation and developmental disabilities on whether the	51042
department should approve or deny the individual's application for	51043
the services, including on the basis of whether the individual	51044
needs the level of care an intermediate care facility for the	51045
mentally retarded provides;	51046

(b) If the individual's application is denied because of the	51047
county board's recommendation and the individual requests a	51048
hearing under section 5101.35 of the Revised Code, present, with	51049
the department of mental retardation and developmental	51050
disabilities or department of job and family services, whichever	51051
denies the application, the reasons for the recommendation and	51052
denial at the hearing;	51053

(c) If the individual's application is approved, recommend to	51054
the departments of mental retardation and developmental	51055
disabilities and job and family services the services that should	51056
be included in the individual's individualized service plan and,	51057
if either department approves, reduces, denies, or terminates a	51058
service included in the individual's individualized service plan	51059
under section 5111.871 of the Revised Code because of the county	51060
board's recommendation, present, with the department that made the	51061
approval, reduction, denial, or termination, the reasons for the	51062
recommendation and approval, reduction, denial, or termination at	51063
a hearing under section 5101.35 of the Revised Code.	51064

(2) If the individual has been identified by the department	51065
of mental retardation and developmental disabilities as an	51066
individual to receive priority for home and community-based	51067
services pursuant to division (D)(3) of section 5126.042 of the	51068
Revised Code, assist the department in expediting the transfer of	51069
the individual from an intermediate care facility for the mentally	51070
retarded or nursing facility to the home and community-based	51071
services;	51072

(3) In accordance with the rules adopted under section	51073
5126.046 of the Revised Code, perform the county board's duties	51074
under that section regarding assisting the individual's right to	51075
choose a qualified and willing provider of the services and, at a	51076
hearing under section 5101.35 of the Revised Code, present	51077
evidence of the process for appropriate assistance in choosing	51078
providers;	51079

(4) Unless the county board provides the services under	51080
division (A)(5) of this section, contract with the person or	51081
government entity the individual chooses in accordance with	51082
section 5126.046 of the Revised Code to provide the services if	51083
the person or government entity is qualified and agrees to provide	51084
the services. The contract shall contain all the provisions	51085
required by section 5126.035 of the Revised Code and require the	51086
provider to agree to furnish, in accordance with the provider's	51087
medicaid provider agreement and for the authorized reimbursement	51088
rate, the services the individual requires.	51089

(5) If the county board is certified under section 5123.045	51090
of the Revised Code to provide the services and agrees to provide	51091
the services to the individual and the individual chooses the	51092
county board to provide the services, furnish, in accordance with	51093
the county board's medicaid provider agreement and for the	51094
authorized reimbursement rate, the services the individual	51095
requires;	51096

(6) Monitor the services provided to the individual and	51097
ensure the individual's health, safety, and welfare. The	51098
monitoring shall include quality assurance activities. If the	51099
county board provides the services, the department of mental	51100
retardation and developmental disabilities shall also monitor the	51101
services.	51102

(7) Develop, with the individual and the provider of the	51103
individual's services, an effective individualized service plan	51104
that includes coordination of services, recommend that the	51105
departments of mental retardation and developmental disabilities	51106
and job and family services approve the plan, and implement the	51107
plan unless either department disapproves it;	51108

(8) Have an investigative agent conduct investigations under	51109
section 5126.313 of the Revised Code that concern the individual;	51110

(9) Have a service and support administrator perform the	51111
duties under division (B)(9) of section 5126.15 of the Revised	51112
Code that concern the individual.	51113

(B) ~~Except as provided in section 5126.056 of the Revised~~	51114
~~Code, a county board has medicaid local administrative authority~~	51115
~~to, and shall, do all of the following for an individual with~~	51116
~~mental retardation or other developmental disability who resides~~	51117
~~in the county that the county board serves and seeks or receives~~	51118
~~medicaid case management services or habilitation center services,~~	51119
~~other than habilitation center services for which a school~~	51120
~~district is required by division (E) of section 5111.041 of the~~	51121
~~Revised Code to pay the nonfederal share:~~	51122

~~(1) Perform assessments and evaluations of the individual for~~	51123
~~the purpose of recommending to the departments of mental~~	51124
~~retardation and developmental disabilities and job and family~~	51125
~~services the services that should be included in the individual's~~	51126
~~individualized service plan;~~	51127

~~(2) If the department of mental retardation and developmental~~	51128
~~disabilities or department of job and family services approves,~~	51129
~~reduces, denies, or terminates a service included in the~~	51130
~~individual's individualized service plan under section 5111.041 or~~	51131
~~5111.042 of the Revised Code because of the county board's~~	51132
~~recommendation under division (B)(1) of this section, present,~~	51133
~~with the department that made the approval, reduction, denial, or~~	51134
~~termination, the reasons for the recommendation and approval,~~	51135
~~reduction, denial, or termination at a hearing under section~~	51136
~~5101.35 of the Revised Code and inform the individual that the~~	51137
~~individual may file a complaint with the county board under~~	51138
~~section 5126.06 of the Revised Code at the same time the~~	51139
~~individual pursues an appeal under section 5101.35 of the Revised~~	51140
~~Code;~~	51141

~~(3) In accordance with rules the departments of mental~~	51142
~~retardation and developmental disabilities and job and family~~	51143
~~services shall adopt in accordance with Chapter 119. of the~~	51144
~~Revised Code governing the process for individuals to choose~~	51145
~~providers of medicaid case management services and habilitation~~	51146
~~center services, assist the individual in choosing the provider of~~	51147
~~the services. The rules shall provide for both of the following:~~	51148

~~(a) The county board providing the individual up-to-date~~	51149
~~information about qualified providers that the department of~~	51150
~~mental retardation and developmental disabilities shall make~~	51151
~~available to the county board;~~	51152

~~(b) If the individual chooses a provider who is qualified and~~	51153
~~willing to provide the services but is denied that provider, the~~	51154
~~individual receiving timely notice that the individual may request~~	51155
~~a hearing under section 5101.35 of the Revised Code and, at the~~	51156
~~hearing, the county board presenting evidence of the process for~~	51157
~~appropriate assistance in choosing providers.~~	51158

~~(4) Unless the county board provides the services under~~	51159
~~division (B)(5) of this section, contract with the person or~~	51160
~~government entity that the individual chooses in accordance with~~	51161
~~the rules adopted under division (B)(3) of this section to provide~~	51162
~~the services if the person or government entity is qualified and~~	51163
~~agrees to provide the services. The contract shall contain all the~~	51164
~~provisions required by section 5126.035 of the Revised Code and~~	51165
~~require the provider to agree to furnish, in accordance with the~~	51166
~~provider's medicaid provider agreement and for the authorized~~	51167
~~reimbursement rate, the services the individual requires.~~	51168

~~(5) If the county board is certified under section 5123.041~~	51169
~~of the Revised Code to provide the services and agrees to provide~~	51170
~~the services to the individual and the individual chooses the~~	51171
~~county board to provide the services, furnish, in accordance with~~	51172
~~the county board's medicaid provider agreement and for the~~	51173
~~authorized reimbursement rate, the services the individual~~	51174
~~requires;~~	51175

~~(6) Monitor the services provided to the individual. The~~	51176
~~monitoring shall include quality assurance activities. If the~~	51177
~~county board provides the services, the department of mental~~	51178
~~retardation and developmental disabilities shall also monitor the~~	51179
~~services.~~	51180

~~(7) Develop with the individual and the provider of the~~	51181
~~individual's services, and with the approval of the departments of~~	51182
~~mental retardation and developmental disabilities and job and~~	51183
~~family services, implement an effective plan for coordinating the~~	51184
~~services in accordance with the individual's approved~~	51185
~~individualized service plan;~~	51186

~~(8) Have an investigative agent conduct investigations under~~	51187
~~section 5126.313 of the Revised Code that concern the individual;~~	51188

~~(9) Have a service and support administrator perform the~~	51189
~~duties under division (B)(9) of section 5126.15 of the Revised~~	51190
~~Code that concern the individual.~~	51191

~~(C)~~ A county board shall perform its medicaid local	51192
administrative authority under this section in accordance with all	51193
of the following:	51194

(1) The county board's plan that the department of mental	51195
retardation and developmental disabilities approves under section	51196
5123.046 of the Revised Code;	51197

(2) All applicable federal and state laws;

51198

(3) All applicable policies of the departments of mental	51199
retardation and developmental disabilities and job and family	51200
services and the United States department of health and human	51201
services;	51202

(4) The department of job and family services' supervision	51203
under its authority under section 5111.01 of the Revised Code to	51204
act as the single state medicaid agency;	51205

(5) The department of mental retardation and developmental	51206
disabilities' oversight.	51207

~~(D)~~(C) The departments of mental retardation and	51208
developmental disabilities and job and family services shall	51209
communicate with and provide training to county boards regarding	51210
medicaid local administrative authority granted by this section.	51211
The communication and training shall include issues regarding	51212
audit protocols and other standards established by the United	51213
States department of health and human services that the	51214
departments determine appropriate for communication and training.	51215
County boards shall participate in the training. The departments	51216
shall assess the county board's compliance against uniform	51217
standards that the departments shall establish.	51218

~~(E)~~(D) A county board may not delegate its medicaid local	51219
administrative authority granted under this section but may	51220
contract with a person or government entity, including a council	51221
of governments, for assistance with its medicaid local	51222
administrative authority. A county board that enters into such a	51223
contract shall notify the director of mental retardation and	51224
developmental disabilities. The notice shall include the tasks and	51225
responsibilities that the contract gives to the person or	51226
government entity. The person or government entity shall comply in	51227
full with all requirements to which the county board is subject	51228
regarding the person or government entity's tasks and	51229
responsibilities under the contract. The county board remains	51230
ultimately responsible for the tasks and responsibilities.	51231

~~(F)~~(E) A county board that has medicaid local administrative	51232
authority under this section shall, through the departments of	51233
mental retardation and developmental disabilities and job and	51234
family services, reply to, and cooperate in arranging compliance	51235
with, a program or fiscal audit or program violation exception	51236
that a state or federal audit or review discovers. The department	51237
of job and family services shall timely notify the department of	51238
mental retardation and developmental disabilities and the county	51239
board of any adverse findings. After receiving the notice, the	51240
county board, in conjunction with the department of mental	51241
retardation and developmental disabilities, shall cooperate fully	51242
with the department of job and family services and timely prepare	51243
and send to the department a written plan of correction or	51244
response to the adverse findings. The county board is liable for	51245
any adverse findings that result from an action it takes or fails	51246
to take in its implementation of medicaid local administrative	51247
authority.	51248

~~(G)~~(F) If the department of mental retardation and	51249
developmental disabilities or department of job and family	51250
services determines that a county board's implementation of its	51251
medicaid local administrative authority under this section is	51252
deficient, the department that makes the determination shall	51253
require that county board do the following:	51254

(1) If the deficiency affects the health, safety, or welfare	51255
of an individual with mental retardation or other developmental	51256
disability, correct the deficiency within twenty-four hours;	51257

(2) If the deficiency does not affect the health, safety, or	51258
welfare of an individual with mental retardation or other	51259
developmental disability, receive technical assistance from the	51260
department or submit a plan of correction to the department that	51261
is acceptable to the department within sixty days and correct the	51262
deficiency within the time required by the plan of correction.	51263

Sec. 5126.056. (A) The department of mental retardation and	51264
developmental disabilities shall take action under division (B) of	51265
this section against a county board of mental retardation and	51266
developmental disabilities if any of the following are the case:	51267

(1) The county board fails to submit to the department all	51268
the components of its three-year plan required by section 5126.054	51269
of the Revised Code within the time required by division (B) of	51270
that section.	51271

(2) The department disapproves the county board's three-year	51272
plan under section 5123.046 of the Revised Code.	51273

(3) The county board fails, as required by division (C) of	51274
section 5126.054 of the Revised Code, to update and renew its	51275
three-year plan in accordance with a schedule the department	51276
develops under that section.	51277

(4) The county board fails to implement its initial or	51278
renewed three-year plan approved by the department.	51279

(5) The county board fails to correct a deficiency within the	51280
time required by division ~~(G)~~(F) of section 5126.055 of the	51281
Revised Code to the satisfaction of the department.	51282

(6) The county board fails to submit an acceptable plan of	51283
correction to the department within the time required by division	51284
~~(G)~~(F)(2) of section 5126.055 of the Revised Code.	51285

(B) If required by division (A) of this section to take	51286
action against a county board, the department shall issue an order	51287
terminating the county board's medicaid local administrative	51288
authority over all or part of home and community-based services,	51289
medicaid case management services, ~~habilitation center services,~~	51290
~~all or part of two of those services,~~ or all or part of ~~all three~~	51291
both of those services. The department shall provide a copy of the	51292
order to the board of county commissioners, probate judge, county	51293
auditor, and president and superintendent of the county board. The	51294
department shall specify in the order the medicaid local	51295
administrative authority that the department is terminating, the	51296
reason for the termination, and the county board's option and	51297
responsibilities under this division.	51298

A county board whose medicaid local administrative authority	51299
is terminated may, not later than thirty days after the department	51300
issues the termination order, recommend to the department that	51301
another county board that has not had any of its medicaid local	51302
administrative authority terminated or another entity the	51303
department approves administer the services for which the county	51304
board's medicaid local administrative authority is terminated. The	51305
department may contract with the other county board or entity to	51306
administer the services. If the department enters into such a	51307
contract, the county board shall adopt a resolution giving the	51308
other county board or entity full medicaid local administrative	51309
authority over the services that the other county board or entity	51310
is to administer. The other county board or entity shall be known	51311
as the contracting authority.	51312

If the department rejects the county board's recommendation	51313
regarding a contracting authority, the county board may appeal the	51314
rejection under section 5123.043 of the Revised Code.	51315

If the county board does not submit a recommendation to the	51316
department regarding a contracting authority within the required	51317
time or the department rejects the county board's recommendation	51318
and the rejection is upheld pursuant to an appeal, if any, under	51319
section 5123.043 of the Revised Code, the department shall appoint	51320
an administrative receiver to administer the services for which	51321
the county board's medicaid local administrative authority is	51322
terminated. To the extent necessary for the department to appoint	51323
an administrative receiver, the department may utilize employees	51324
of the department, management personnel from another county board,	51325
or other individuals who are not employed by or affiliated with in	51326
any manner a person that provides home and community-based	51327
services,or medicaid case management services~~, or habilitation~~	51328
~~center services~~ pursuant to a contract with any county board. The	51329
administrative receiver shall assume full administrative	51330
responsibility for the county board's services for which the	51331
county board's medicaid local administrative authority is	51332
terminated.	51333

The contracting authority or administrative receiver shall	51334
develop and submit to the department a plan of correction to	51335
remediate the problems that caused the department to issue the	51336
termination order. If, after reviewing the plan, the department	51337
approves it, the contracting authority or administrative receiver	51338
shall implement the plan.	51339

The county board shall transfer control of state and federal	51340
funds it is otherwise eligible to receive for the services for	51341
which the county board's medicaid local administrative authority	51342
is terminated and funds the county board may use under division	51343
(B) of section 5126.057 of the Revised Code to pay the nonfederal	51344
share of the services that the county board is required by	51345
division (A) of that section to pay. The county board shall	51346
transfer control of the funds to the contracting authority or	51347
administrative receiver administering the services. The amount the	51348
county board shall transfer shall be the amount necessary for the	51349
contracting authority or administrative receiver to fulfill its	51350
duties in administering the services, including its duties to pay	51351
its personnel for time worked, travel, and related matters. If the	51352
county board fails to make the transfer, the department may	51353
withhold the state and federal funds from the county board and	51354
bring a mandamus action against the county board in the court of	51355
common pleas of the county served by the county board or in the	51356
Franklin county court of common pleas. The mandamus action may not	51357
require that the county board transfer any funds other than the	51358
funds the county board is required by division (B) of this section	51359
to transfer.	51360

The contracting authority or administrative receiver has the	51361
right to authorize the payment of bills in the same manner that	51362
the county board may authorize payment of bills under this chapter	51363
and section 319.16 of the Revised Code.	51364

Sec. 5126.057. (A) A county board of mental retardation and	51365
developmental disabilities that has medicaid local administrative	51366
authority under division (A) of section 5126.055 of the Revised	51367
Code for home and community-based services shall pay the	51368
nonfederal share of medicaid expenditures for such services	51369
provided to an individual with mental retardation or other	51370
developmental disability who the county board determines under	51371
section 5126.041 of the Revised Code is eligible for county board	51372
services unless division ~~(C)~~(B)(2) of section 5123.047 of the	51373
Revised Code requires the department of mental retardation and	51374
developmental disabilities to pay the nonfederal share.	51375

A county board that ~~has medicaid local administrative~~	51376
~~authority under division (B) of section 5126.055 of the Revised~~	51377
~~Code for~~provides medicaid case management services shall pay the	51378
nonfederal share of medicaid expenditures for such services	51379
provided to an individual with mental retardation or other	51380
developmental disability who the county board determines under	51381
section 5126.041 of the Revised Code is eligible for county board	51382
services ~~unless division (B)(2) of section 5123.047 of the Revised~~	51383
~~Code requires the department of mental retardation and~~	51384
~~developmental disabilities to pay the nonfederal share.~~	51385

~~A county board shall pay the nonfederal share of medicaid~~	51386
~~expenditures for habilitation center services when required to do~~	51387
~~so by division (D) of section 5111.041 of the Revised Code~~.	51388

(B) A county board may use the following funds to pay the	51389
nonfederal share of the services that the county board is required	51390
by division (A) of this section to pay:	51391

(1) To the extent consistent with the levy that generated the	51392
taxes, the following taxes:	51393

(a) Taxes levied pursuant to division (L) of section 5705.19	51394
of the Revised Code and section 5705.222 of the Revised Code;	51395

(b) Taxes levied under section 5705.191 of the Revised Code	51396
that the board of county commissioners allocates to the county	51397
board to pay the nonfederal share of the services.	51398

(2) Funds that the department of mental retardation and	51399
developmental disabilities distributes to the county board under	51400
sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the	51401
Revised Code;	51402

(3) ~~Funds that the department allocates to the county board~~	51403
~~for habilitation center services provided under section 5111.041~~	51404
~~of the Revised Code;~~	51405

~~(4)~~ Earned federal revenue funds the county board receives	51406
for medicaid services the county board provides pursuant to the	51407
county board's valid medicaid provider agreement.	51408

(C) If by December 31, 2001, the United States secretary of	51409
health and human services approves at least five hundred more	51410
slots for home and community-based services for calendar year 2002	51411
than were available for calendar year 2001, each county board	51412
shall provide, by the last day of calendar year 2001, assurances	51413
to the department of mental retardation and developmental	51414
disabilities that the county board will have for calendar year	51415
2002 at least one-third of the value of one-half, effective mill	51416
levied in the county the preceding year available to pay the	51417
nonfederal share of the services that the county board is required	51418
by division (A) of this section to pay.	51419

If by December 31, 2002, the United States secretary approves	51420
at least five hundred more slots for home and community-based	51421
services for calendar year 2003 than were available for calendar	51422
year 2002, each county board shall provide, by the last day of	51423
calendar year 2002, assurances to the department that the county	51424
board will have for calendar year 2003 at least two-thirds of the	51425
value of one-half, effective mill levied in the county the	51426
preceding year available to pay the nonfederal share of the	51427
services that the county board is required by division (A) of this	51428
section to pay.	51429

If by December 31, 2003, the United States secretary approves	51430
at least five hundred more slots for home and community-based	51431
services for calendar year 2004 than were available for calendar	51432
year 2003, each county board shall provide, by the last day of	51433
calendar year 2003 and each calendar year thereafter, assurances	51434
to the department that the county board will have for calendar	51435
year 2004 and each calendar year thereafter at least the value of	51436
one-half, effective mill levied in the county the preceding year	51437
available to pay the nonfederal share of the services that the	51438
county board is required by division (A) of this section to pay.	51439

(D) Each year, each county board shall adopt a resolution	51440
specifying the amount of funds it will use in the next year to pay	51441
the nonfederal share of the services that the county board is	51442
required by division (A) of this section to pay. The amount	51443
specified shall be adequate to assure that the services will be	51444
available in the county in a manner that conforms to all	51445
applicable state and federal laws. A county board shall state in	51446
its resolution that the payment of the nonfederal share represents	51447
an ongoing financial commitment of the county board. A county	51448
board shall adopt the resolution in time for the county auditor to	51449
make the determination required by division (E) of this section.	51450

(E) Each year, a county auditor shall determine whether the	51451
amount of funds a county board specifies in the resolution it	51452
adopts under division (D) of this section will be available in the	51453
following year for the county board to pay the nonfederal share of	51454
the services that the county board is required by division (A) of	51455
this section to pay. The county auditor shall make the	51456
determination not later than the last day of the year before the	51457
year in which the funds are to be used.	51458

Sec. 5126.12. (A) As used in this section:

51459

(1) "Approved school age class" means a class operated by a	51460
county board of mental retardation and developmental disabilities	51461
and funded by the department of education under section 3317.20 of	51462
the Revised Code.	51463

(2) "Approved preschool unit" means a class or unit operated	51464
by a county board of mental retardation and developmental	51465
disabilities and approved under division (B) of section 3317.05 of	51466
the Revised Code.	51467

(3) "Active treatment" means a continuous treatment program,	51468
which includes aggressive, consistent implementation of a program	51469
of specialized and generic training, treatment, health services,	51470
and related services, that is directed toward the acquisition of	51471
behaviors necessary for an individual with mental retardation or	51472
other developmental disability to function with as much	51473
self-determination and independence as possible and toward the	51474
prevention of deceleration, regression, or loss of current optimal	51475
functional status.	51476

(4) "Eligible for active treatment" means that an individual	51477
with mental retardation or other developmental disability resides	51478
in an intermediate care facility for the mentally retarded	51479
certified under Title XIX of the "Social Security Act," 79 Stat.	51480
286 (1965), 42 U.S.C. 1396, as amended; resides in a state	51481
institution operated by the department of mental retardation and	51482
developmental disabilities; or is enrolled in home and	51483
community-based services.	51484

(5) ~~"Community alternative funding system" means the program~~	51485
~~under which habilitation center services are reimbursed under the~~	51486
~~medicaid program pursuant to section 5111.041 of the Revised Code~~	51487
~~and rules adopted under that section.~~	51488

~~(6)~~ "Traditional adult services" means vocational and	51489
nonvocational activities conducted within a sheltered workshop or	51490
adult activity center or supportive home services.	51491

(B) Each county board of mental retardation and developmental	51492
disabilities shall certify to the director of mental retardation	51493
and developmental disabilities all of the following:	51494

(1) On or before the fifteenth day of October, the average	51495
daily membership for the first full week of programs and services	51496
during October receiving:	51497

(a) Early childhood services provided pursuant to section	51498
5126.05 of the Revised Code for children who are less than three	51499
years of age on the thirtieth day of September of the academic	51500
year;	51501

(b) Special education for handicapped children in approved	51502
school age classes;	51503

(c) Adult services for persons sixteen years of age and older	51504
operated pursuant to section 5126.05 and division (B) of section	51505
5126.051 of the Revised Code. Separate counts shall be made for	51506
the following:	51507

(i) Persons enrolled in traditional adult services who are	51508
eligible for but not enrolled in active treatment ~~under the~~	51509
~~community alternative funding system~~;	51510

(ii) Persons enrolled in traditional adult services who are	51511
eligible for and enrolled in active treatment ~~under the community~~	51512
~~alternative funding system~~;	51513

(iii) Persons enrolled in traditional adult services but who	51514
are not eligible for active treatment ~~under the community~~	51515
~~alternative funding system~~;	51516

(iv) Persons participating in community employment services.	51517
To be counted as participating in community employment services, a	51518
person must have spent an average of no less than ten hours per	51519
week in that employment during the preceding six months.	51520

(d) Other programs in the county for individuals with mental	51521
retardation and developmental disabilities that have been approved	51522
for payment of subsidy by the department of mental retardation and	51523
developmental disabilities.	51524

The membership in each such program and service in the county	51525
shall be reported on forms prescribed by the department of mental	51526
retardation and developmental disabilities.	51527

The department of mental retardation and developmental	51528
disabilities shall adopt rules defining full-time equivalent	51529
enrollees and for determining the average daily membership	51530
therefrom, except that certification of average daily membership	51531
in approved school age classes shall be in accordance with rules	51532
adopted by the state board of education. The average daily	51533
membership figure shall be determined by dividing the amount	51534
representing the sum of the number of enrollees in each program or	51535
service in the week for which the certification is made by the	51536
number of days the program or service was offered in that week. No	51537
enrollee may be counted in average daily membership for more than	51538
one program or service.	51539

(2) By the fifteenth day of December, the number of children	51540
enrolled in approved preschool units on the first day of December;	51541

(3) On or before the thirtieth day of March, an itemized	51542
report of all income and operating expenditures for the	51543
immediately preceding calendar year, in the format specified by	51544
the department of mental retardation and developmental	51545
disabilities;	51546

(4) By the fifteenth day of February, a report of the total	51547
annual cost per enrollee for operation of programs and services in	51548
the preceding calendar year. The report shall include a grand	51549
total of all programs operated, the cost of the individual	51550
programs, and the sources of funds applied to each program.	51551

(5) That each required certification and report is in	51552
accordance with rules established by the department of mental	51553
retardation and developmental disabilities and the state board of	51554
education for the operation and subsidization of the programs and	51555
services.	51556

(C) To compute payments under this section to the board for	51557
the fiscal year, the department of mental retardation and	51558
developmental disabilities shall use the certification of average	51559
daily membership required by division (B)(1) of this section	51560
exclusive of the average daily membership in any approved school	51561
age class and the number in any approved preschool unit.	51562

(D) The department shall pay each county board for each	51563
fiscal year an amount equal to nine hundred fifty dollars times	51564
the certified number of persons who on the first day of December	51565
of the academic year are under three years of age and are not in	51566
an approved preschool unit. For persons who are at least age	51567
sixteen and are not in an approved school age class, the	51568
department shall pay each county board for each fiscal year the	51569
following amounts:	51570

(1) One thousand dollars times the certified average daily	51571
membership of persons enrolled in traditional adult services who	51572
are eligible for but not enrolled in active treatment ~~under the~~	51573
~~community alternative funding system~~;	51574

(2) One thousand two hundred dollars times the certified	51575
average daily membership of persons enrolled in traditional adult	51576
services who are eligible for and enrolled in active treatment	51577
~~under the community alternative funding system~~;	51578

(3) No less than one thousand five hundred dollars times the	51579
certified average daily membership of persons enrolled in	51580
traditional adult services but who are not eligible for active	51581
treatment ~~under the community alternative funding system~~;	51582

(4) No less than one thousand five hundred dollars times the	51583
certified average daily membership of persons participating in	51584
community employment services.	51585

(E) The department shall distribute this subsidy to county	51586
boards in quarterly installments of equal amounts. The	51587
installments shall be made not later than the thirtieth day of	51588
September, the thirty-first day of December, the thirty-first day	51589
of March, and the thirtieth day of June.	51590

(F) The director of mental retardation and developmental	51591
disabilities shall make efforts to obtain increases in the	51592
subsidies for early childhood services and adult services so that	51593
the amount of the subsidies is equal to at least fifty per cent of	51594
the statewide average cost of those services minus any applicable	51595
federal reimbursements for those services. The director shall	51596
advise the director of budget and management of the need for any	51597
such increases when submitting the biennial appropriations request	51598
for the department.	51599

(G) In determining the reimbursement of a county board for	51600
the provision of service and support administration, family	51601
support services, and other services required or approved by the	51602
director for which children three through twenty-one years of age	51603
are eligible, the department shall include the average daily	51604
membership in approved school age or preschool units. The	51605
department, in accordance with this section and upon receipt and	51606
approval of the certification required by this section and any	51607
other information it requires to enable it to determine a board's	51608
payments, shall pay the agency providing the specialized training	51609
the amounts payable under this section.	51610

Sec. 5139.01. (A) As used in this chapter:

51611

(1) "Commitment" means the transfer of the physical custody	51612
of a child or youth from the court to the department of youth	51613
services.	51614

(2) "Permanent commitment" means a commitment that vests	51615
legal custody of a child in the department of youth services.	51616

(3) "Legal custody," insofar as it pertains to the status	51617
that is created when a child is permanently committed to the	51618
department of youth services, means a legal status in which the	51619
department has the following rights and responsibilities: the	51620
right to have physical possession of the child; the right and duty	51621
to train, protect, and control the child; the responsibility to	51622
provide the child with food, clothing, shelter, education, and	51623
medical care; and the right to determine where and with whom the	51624
child shall live, subject to the minimum periods of, or periods	51625
of, institutional care prescribed in sections 2152.13 to 2152.18	51626
of the Revised Code; provided, that these rights and	51627
responsibilities are exercised subject to the powers, rights,	51628
duties, and responsibilities of the guardian of the person of the	51629
child, and subject to any residual parental rights and	51630
responsibilities.	51631

(4) Unless the context requires a different meaning,	51632
"institution" means a state facility that is created by the	51633
general assembly and that is under the management and control of	51634
the department of youth services or a private entity with which	51635
the department has contracted for the institutional care and	51636
custody of felony delinquents.	51637

(5) "Full-time care" means care for twenty-four hours a day	51638
for over a period of at least two consecutive weeks.	51639

(6) "Placement" means the conditional release of a child	51640
under the terms and conditions that are specified by the	51641
department of youth services. The department shall retain legal	51642
custody of a child released pursuant to division (C) of section	51643
2152.22 of the Revised Code or division (C) of section 5139.06 of	51644
the Revised Code until the time that it discharges the child or	51645
until the legal custody is terminated as otherwise provided by	51646
law.	51647

(7) "Home placement" means the placement of a child in the	51648
home of the child's parent or parents or in the home of the	51649
guardian of the child's person.	51650

(8) "Discharge" means that the department of youth services'	51651
legal custody of a child is terminated.	51652

(9) "Release" means the termination of a child's stay in an	51653
institution and the subsequent period during which the child	51654
returns to the community under the terms and conditions of	51655
supervised release.	51656

(10) "Delinquent child" has the same meaning as in section	51657
2152.02 of the Revised Code.	51658

(11) "Felony delinquent" means any child who is at least ten	51659
years of age but less than eighteen years of age and who is	51660
adjudicated a delinquent child for having committed an act that if	51661
committed by an adult would be a felony. "Felony delinquent"	51662
includes any adult who is between the ages of eighteen and	51663
twenty-one and who is in the legal custody of the department of	51664
youth services for having committed an act that if committed by an	51665
adult would be a felony.	51666

(12) "Juvenile traffic offender" has the same meaning as in	51667
section 2152.02 of the Revised Code.	51668

(13) "Public safety beds" means all of the following:

51669

(a) Felony delinquents who have been committed to the	51670
department of youth services for the commission of an act, other	51671
than a violation of section 2911.01 or 2911.11 of the Revised	51672
Code, that is a category one offense or a category two offense and	51673
who are in the care and custody of an institution or have been	51674
diverted from care and custody in an institution and placed in a	51675
community corrections facility;	51676

(b) Felony delinquents who, while committed to the department	51677
of youth services and in the care and custody of an institution or	51678
a community corrections facility, are adjudicated delinquent	51679
children for having committed in that institution or community	51680
corrections facility an act that if committed by an adult would be	51681
a misdemeanor or a felony;	51682

51683

(i) They are at least ten years of age but less than eighteen	51684
years of age.	51685

(ii) They are adjudicated delinquent children for having	51686
committed acts that if committed by an adult would be a felony.	51687

(iii) They are committed to the department of youth services	51688
by the juvenile court of a county that has had one-tenth of one	51689
per cent or less of the statewide adjudications for felony	51690
delinquents as averaged for the past four fiscal years.	51691

(iv) They are in the care and custody of an institution or a	51692
community corrections facility.	51693

(d) Felony delinquents who, while committed to the department	51694
of youth services and in the care and custody of an institution	51695
are serving disciplinary time for having committed an act	51696
described in division (A)~~(19)~~(18)(a), (b), or (c) of this section,	51697
and who have been institutionalized or institutionalized in a	51698
secure facility for the minimum period of time specified in	51699
divisions (A)(1)(b) to (e) of section 2152.16 of the Revised Code.	51700

(e) Felony delinquents who are subject to and serving a	51701
three-year period of commitment order imposed by a juvenile court	51702
pursuant to divisions (A) and (B) of section 2152.17 of the	51703
Revised Code for an act, other than a violation of section 2911.11	51704
of the Revised Code, that would be a category one offense or	51705
category two offense if committed by an adult.	51706

(f) Felony delinquents who are described in divisions	51707
(A)(13)(a) to (e) of this section, who have been granted a	51708
judicial release to court supervision under division (B) of	51709
section 2152.22 of the Revised Code or a judicial release to the	51710
department of youth services supervision under division (C) of	51711
that section from the commitment to the department of youth	51712
services for the act described in divisions (A)(13)(a) to (e) of	51713
this section, who have violated the terms and conditions of that	51714
release, and who, pursuant to an order of the court of the county	51715
in which the particular felony delinquent was placed on release	51716
that is issued pursuant to division (D) of section 2152.22 of the	51717
Revised Code, have been returned to the department for	51718
institutionalization or institutionalization in a secure facility.	51719

(g) Felony delinquents who have been committed to the custody	51720
of the department of youth services, who have been granted	51721
supervised release from the commitment pursuant to section 5139.51	51722
of the Revised Code, who have violated the terms and conditions of	51723
that supervised release, and who, pursuant to an order of the	51724
court of the county in which the particular child was placed on	51725
supervised release issued pursuant to division (F) of section	51726
5139.52 of the Revised Code, have had the supervised release	51727
revoked and have been returned to the department for	51728
institutionalization. A felony delinquent described in this	51729
division shall be a public safety bed only for the time during	51730
which the felony delinquent is institutionalized as a result of	51731
the revocation subsequent to the initial thirty-day period of	51732
institutionalization required by division (F) of section 5139.52	51733
of the Revised Code.	51734

(14) Unless the context requires a different meaning,	51735
"community corrections facility" means a county or multicounty	51736
rehabilitation center for felony delinquents who have been	51737
committed to the department of youth services and diverted from	51738
care and custody in an institution and placed in the	51739
rehabilitation center pursuant to division (E) of section 5139.36	51740
of the Revised Code.	51741

(15) "Secure facility" means any facility that is designed	51742
and operated to ensure that all of its entrances and exits are	51743
under the exclusive control of its staff and to ensure that,	51744
because of that exclusive control, no child who has been	51745
institutionalized in the facility may leave the facility without	51746
permission or supervision.	51747

(16) "Community residential program" means a program that	51748
satisfies both of the following:	51749

(a) It is housed in a building or other structure that has no	51750
associated major restraining construction, including, but not	51751
limited to, a security fence.	51752

(b) It provides twenty-four-hour care, supervision, and	51753
programs for felony delinquents who are in residence.	51754

(17) "Category one offense" and "category two offense" have	51755
the same meanings as in section 2151.26 of the Revised Code.	51756

(18) "Disciplinary time" means additional time that the	51757
department of youth services requires a felony delinquent to serve	51758
in an institution, that delays the felony delinquent's planned	51759
release, and that the department imposes upon the felony	51760
delinquent following the conduct of an internal due process	51761
hearing for having committed any of the following acts while	51762
committed to the department and in the care and custody of an	51763
institution:	51764

(a) An act that if committed by an adult would be a felony;

51765

(b) An act that if committed by an adult would be a	51766
misdemeanor;	51767

(c) An act that is not described in division (A)(18)(a) or	51768
(b) of this section and that violates an institutional rule of	51769
conduct of the department.	51770

(19) "Unruly child" has the same meaning as in section	51771
2151.022 of the Revised Code.	51772

(20) "Revocation" means the act of revoking a child's	51773
supervised release for a violation of a term or condition of the	51774
child's supervised release in accordance with section 5139.52 of	51775
the Revised Code.	51776

(21) "Release authority" means the release authority of the	51777
department of youth services that is established by section	51778
5139.50 of the Revised Code.	51779

(22) "Supervised release" means the event of the release of a	51780
child under this chapter from an institution and the period after	51781
that release during which the child is supervised and assisted by	51782
an employee of the department of youth services under specific	51783
terms and conditions for reintegration of the child into the	51784
community.	51785

(23) "Victim" means the person identified in a police report,	51786
complaint, or information as the victim of an act that would have	51787
been a criminal offense if committed by an adult and that provided	51788
the basis for adjudication proceedings resulting in a child's	51789
commitment to the legal custody of the department of youth	51790
services.	51791

(24) "Victim's representative" means a member of the victim's	51792
family or another person whom the victim or another authorized	51793
person designates in writing, pursuant to section 5139.56 of the	51794
Revised Code, to represent the victim with respect to proceedings	51795
of the release authority of the department of youth services and	51796
with respect to other matters specified in that section.	51797

(25) "Member of the victim's family" means a spouse, child,	51798
stepchild, sibling, parent, stepparent, grandparent, other	51799
relative, or legal guardian of a child but does not include a	51800
person charged with, convicted of, or adjudicated a delinquent	51801
child for committing a criminal or delinquent act against the	51802
victim or another criminal or delinquent act arising out of the	51803
same conduct, criminal or delinquent episode, or plan as the	51804
criminal or delinquent act committed against the victim.	51805

(26) "Judicial release to court supervision" means a release	51806
of a child from institutional care or institutional care in a	51807
secure facility that is granted by a court pursuant to division	51808
(B) of section 2152.22 of the Revised Code during the period	51809
specified in that division.	51810

(27) "Judicial release to department of youth services	51811
supervision" means a release of a child from institutional care or	51812
institutional care in a secure facility that is granted by a court	51813
pursuant to division (C) of section 2152.22 of the Revised Code	51814
during the period specified in that division.	51815

(28) "Juvenile justice system" includes all of the functions	51816
of the juvenile courts, the department of youth services, any	51817
public or private agency whose purposes include the prevention of	51818
delinquency or the diversion, adjudication, detention, or	51819
rehabilitation of delinquent children, and any of the functions of	51820
the criminal justice system that are applicable to children.	51821

(29) "Metropolitan county criminal justice services agency"	51822
means an agency that is established pursuant to division (A) of	51823
section ~~181.54~~5502.64 of the Revised Code.	51824

(30) "Administrative planning district" means a district that	51825
is established pursuant to division (A) or (B) of section ~~181.56~~	51826
5502.66 of the Revised Code.	51827

(31) "Criminal justice coordinating council" means a criminal	51828
justice services agency that is established pursuant to division	51829
(D) of section ~~181.56~~5502.66 of the Revised Code.	51830

(32) "Comprehensive plan" means a document that coordinates,	51831
evaluates, and otherwise assists, on an annual or multi-year	51832
basis, all of the functions of the juvenile justice systems of the	51833
state or a specified area of the state, that conforms to the	51834
priorities of the state with respect to juvenile justice systems,	51835
and that conforms with the requirements of all federal criminal	51836
justice acts. These functions include, but are not limited to, all	51837
of the following:	51838

(a) Delinquency;

51839

(b) Identification, detection, apprehension, and detention of	51840
persons charged with delinquent acts;	51841

(c) Assistance to crime victims or witnesses, except that the	51842
comprehensive plan does not include the functions of the attorney	51843
general pursuant to sections 109.91 and 109.92 of the Revised	51844
Code;	51845

(d) Adjudication or diversion of persons charged with	51846
delinquent acts;	51847

(e) Custodial treatment of delinquent children;

51848

(f) Institutional and noninstitutional rehabilitation of	51849
delinquent children.	51850

(B) There is hereby created the department of youth services.	51851
The governor shall appoint the director of the department with the	51852
advice and consent of the senate. The director shall hold office	51853
during the term of the appointing governor but subject to removal	51854
at the pleasure of the governor. Except as otherwise authorized in	51855
section 108.05 of the Revised Code, the director shall devote the	51856
director's entire time to the duties of the director's office and	51857
shall hold no other office or position of trust or profit during	51858
the director's term of office.	51859

The director is the chief executive and administrative	51860
officer of the department and has all the powers of a department	51861
head set forth in Chapter 121. of the Revised Code. The director	51862
may adopt rules for the government of the department, the conduct	51863
of its officers and employees, the performance of its business,	51864
and the custody, use, and preservation of the department's	51865
records, papers, books, documents, and property. The director	51866
shall be an appointing authority within the meaning of Chapter	51867
124. of the Revised Code. Whenever this or any other chapter or	51868
section of the Revised Code imposes a duty on or requires an	51869
action of the department, the duty or action shall be performed by	51870
the director or, upon the director's order, in the name of the	51871
department.	51872

Sec. 5139.36. (A) In accordance with this section and the	51873
rules adopted under it and from funds appropriated to the	51874
department of youth services for the purposes of this section, the	51875
department shall make grants that provide financial resources to	51876
operate community corrections facilities for felony delinquents.	51877

(B)(1) Each community corrections facility that intends to	51878
seek a grant under this section shall file an application with the	51879
department of youth services at the time and in accordance with	51880
the procedures that the department shall establish by rules	51881
adopted in accordance with Chapter 119. of the Revised Code. In	51882
addition to other items required to be included in the	51883
application, a plan that satisfies both of the following shall be	51884
included:	51885

(a) It reduces the number of felony delinquents committed to	51886
the department from the county or counties associated with the	51887
community corrections facility.	51888

(b) It ensures equal access for minority felony delinquents	51889
to the programs and services for which a potential grant would be	51890
used.	51891

(2) The department of youth services shall review each	51892
application submitted pursuant to division (B)(1) of this section	51893
to determine whether the plan described in that division, the	51894
community corrections facility, and the application comply with	51895
this section and the rules adopted under it.	51896

(C) To be eligible for a grant under this section and for	51897
continued receipt of moneys comprising a grant under this section,	51898
a community corrections facility shall satisfy at least all of the	51899
following requirements:	51900

(1) Be constructed, reconstructed, improved, or financed by	51901
the Ohio building authority pursuant to section 307.021 of the	51902
Revised Code and Chapter 152. of the Revised Code for the use of	51903
the department of youth services and be designated as a community	51904
corrections facility;	51905

(2) Have written standardized criteria governing the types of	51906
felony delinquents that are eligible for the programs and services	51907
provided by the facility;	51908

(3) Have a written standardized intake screening process and	51909
an intake committee that at least performs both of the following	51910
tasks:	51911

(a) Screens all eligible felony delinquents who are being	51912
considered for admission to the facility in lieu of commitment to	51913
the department;	51914

(b) Notifies, within ten days after the date of the referral	51915
of a felony delinquent to the facility, the committing court	51916
whether the felony delinquent will be admitted to the facility.	51917

(4) Comply with all applicable fiscal and program rules that	51918
the department adopts in accordance with Chapter 119. of the	51919
Revised Code and demonstrate that felony delinquents served by the	51920
facility have been or will be diverted from a commitment to the	51921
department.	51922

(D) The department of youth services shall determine the	51923
method of distribution of the funds appropriated for grants under	51924
this section to community corrections facilities.	51925

(E)(1) The department of youth services shall adopt rules in	51926
accordance with Chapter 119. of the Revised Code to establish the	51927
minimum occupancy threshold of community corrections facilities.	51928

(2) The department may make referrals for the placement of	51929
children in its custody to a community corrections facility ~~if the~~	51930
~~community corrections facility is not meeting the minimum~~	51931
~~occupancy threshold established by the department~~. At least	51932
forty-five days prior to the referral of a child or within any	51933
shorter period prior to the referral of the child that the	51934
committing court may allow, the department shall notify the	51935
committing court of its intent to place the child in a community	51936
corrections facility. The court shall have thirty days after the	51937
receipt of the notice to approve or disapprove the placement. If	51938
the court does not respond to the notice of the placement within	51939
that thirty-day period, the department shall proceed with the	51940
placement and debit the county in accordance with sections 5139.41	51941
to 5139.43 of the Revised Code. A child placed in a community	51942
corrections facility pursuant to this division shall remain in the	51943
legal custody of the department of youth services during the	51944
period in which the child is in the community corrections	51945
facility.	51946

(3) Counties that are not associated with a community	51947
corrections facility may refer children to a community corrections	51948
facility with the consent of the facility. The department of youth	51949
services shall debit the county that makes the referral in	51950
accordance with sections 5139.41 to 5139.43 of the Revised Code.	51951

(F) If the board or other governing body of a community	51952
corrections facility establishes an advisory board, the board or	51953
other governing authority of the community corrections facility	51954
shall reimburse the members of the advisory board for their actual	51955
and necessary expenses incurred in the performance of their	51956
official duties on the advisory board. The members of advisory	51957
boards shall serve without compensation.	51958

Sec. 5153.16. (A) Except as provided in section 2151.422 of	51959
the Revised Code, in accordance with rules of the department of	51960
job and family services, and on behalf of children in the county	51961
whom the public children services agency considers to be in need	51962
of public care or protective services, the public children	51963
services agency shall do all of the following:	51964

(1) Make an investigation concerning any child alleged to be	51965
an abused, neglected, or dependent child;	51966

(2) Enter into agreements with the parent, guardian, or other	51967
person having legal custody of any child, or with the department	51968
of job and family services, department of mental health,	51969
department of mental retardation and developmental disabilities,	51970
other department, any certified organization within or outside the	51971
county, or any agency or institution outside the state, having	51972
legal custody of any child, with respect to the custody, care, or	51973
placement of any child, or with respect to any matter, in the	51974
interests of the child, provided the permanent custody of a child	51975
shall not be transferred by a parent to the public children	51976
services agency without the consent of the juvenile court;	51977

(3) Accept custody of children committed to the public	51978
children services agency by a court exercising juvenile	51979
jurisdiction;	51980

(4) Provide such care as the public children services agency	51981
considers to be in the best interests of any child adjudicated to	51982
be an abused, neglected, or dependent child the agency finds to be	51983
in need of public care or service;	51984

(5) Provide social services to any unmarried girl adjudicated	51985
to be an abused, neglected, or dependent child who is pregnant	51986
with or has been delivered of a child;	51987

(6) Make available to the bureau for children with medical	51988
handicaps of the department of health at its request any	51989
information concerning a crippled child found to be in need of	51990
treatment under sections 3701.021 to 3701.028 of the Revised Code	51991
who is receiving services from the public children services	51992
agency;	51993

(7) Provide temporary emergency care for any child considered	51994
by the public children services agency to be in need of such care,	51995
without agreement or commitment;	51996

(8) Find certified foster homes, within or outside the	51997
county, for the care of children, including handicapped children	51998
from other counties attending special schools in the county;	51999

(9) Subject to the approval of the board of county	52000
commissioners and the state department of job and family services,	52001
establish and operate a training school or enter into an agreement	52002
with any municipal corporation or other political subdivision of	52003
the county respecting the operation, acquisition, or maintenance	52004
of any children's home, training school, or other institution for	52005
the care of children maintained by such municipal corporation or	52006
political subdivision;	52007

(10) Acquire and operate a county children's home, establish,	52008
maintain, and operate a receiving home for the temporary care of	52009
children, or procure certified foster homes for this purpose;	52010

(11) Enter into an agreement with the trustees of any	52011
district children's home, respecting the operation of the district	52012
children's home in cooperation with the other county boards in the	52013
district;	52014

(12) Cooperate with, make its services available to, and act	52015
as the agent of persons, courts, the department of job and family	52016
services, the department of health, and other organizations within	52017
and outside the state, in matters relating to the welfare of	52018
children, except that the public children services agency shall	52019
not be required to provide supervision of or other services	52020
related to the exercise of parenting time rights granted pursuant	52021
to section 3109.051 or 3109.12 of the Revised Code or	52022
companionship or visitation rights granted pursuant to section	52023
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	52024
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	52025
a common pleas court, pursuant to division (E)(6) of section	52026
3113.31 of the Revised Code, requires the provision of supervision	52027
or other services related to the exercise of the parenting time	52028
rights or companionship or visitation rights;	52029

(13) Make investigations at the request of any superintendent	52030
of schools in the county or the principal of any school concerning	52031
the application of any child adjudicated to be an abused,	52032
neglected, or dependent child for release from school, where such	52033
service is not provided through a school attendance department;	52034

(14) Administer funds provided under Title IV-E of the	52035
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	52036
amended, in accordance with rules adopted under section 5101.141	52037
of the Revised Code;	52038

(15) In addition to administering Title IV-E adoption	52039
assistance funds, enter into agreements to make adoption	52040
assistance payments under section 5153.163 of the Revised Code;	52041

(16) Implement a system of risk assessment, in accordance	52042
with rules adopted by the director of job and family services, to	52043
assist the public children services agency in determining the risk	52044
of abuse or neglect to a child;	52045

(17) Enter into a plan of cooperation with the board of	52046
county commissioners under section 307.983 of the Revised Code and	52047
comply with each fiscal agreement the board enters into under	52048
section 307.98 of the Revised Code that include family services	52049
duties of public children services agencies and contracts the	52050
board enters into under sections 307.981 and 307.982 of the	52051
Revised Code that affect the public children services agency;	52052

(18) Make reasonable efforts to prevent the removal of an	52053
alleged or adjudicated abused, neglected, or dependent child from	52054
the child's home, eliminate the continued removal of the child	52055
from the child's home, or make it possible for the child to return	52056
home safely, except that reasonable efforts of that nature are not	52057
required when a court has made a determination under division	52058
(A)(2) of section 2151.419 of the Revised Code;	52059

(19) Make reasonable efforts to place the child in a timely	52060
manner in accordance with the permanency plan approved under	52061
division (E) of section 2151.417 of the Revised Code and to	52062
complete whatever steps are necessary to finalize the permanent	52063
placement of the child;	52064

(20) Administer a Title IV-A program identified under	52065
division (A)(3)(c) or ~~(d)~~(e) of section 5101.80 of the Revised	52066
Code that the department of job and family services provides for	52067
the public children services agency to administer under the	52068
department's supervision pursuant to section 5101.801 of the	52069
Revised Code;	52070

(21) Administer the kinship caregiver subsidy program created	52071
under section 5101.802 of the Revised Code under the supervision	52072
of the director of job and family services;	52073

(22) Provide independent living services pursuant to sections	52074
2151.81 to 2151.84 of the Revised Code.	52075

(B) The public children services agency shall use the system	52076
implemented pursuant to division (B)(16) of this section in	52077
connection with an investigation undertaken pursuant to division	52078
(F)(1) of section 2151.421 of the Revised Code and may use the	52079
system at any other time the agency is involved with any child	52080
when the agency determines that risk assessment is necessary.	52081

(C) Except as provided in section 2151.422 of the Revised	52082
Code, in accordance with rules of the director of job and family	52083
services, and on behalf of children in the county whom the public	52084
children services agency considers to be in need of public care or	52085
protective services, the public children services agency may do	52086
the following:	52087

(1) Provide or find, with other child serving systems,	52088
specialized foster care for the care of children in a specialized	52089
foster home, as defined in section 5103.02 of the Revised Code,	52090
certified under section 5103.03 of the Revised Code;	52091

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	52092
this section, contract with the following for the purpose of	52093
assisting the agency with its duties:	52094

(i) County departments of job and family services;

52095

(ii) Boards of alcohol, drug addiction, and mental health	52096
services;	52097

(iii) County boards of mental retardation and developmental	52098
disabilities;	52099

(iv) Regional councils of political subdivisions established	52100
under Chapter 167. of the Revised Code;	52101

(v) Private and government providers of services;

52102

(vi) Managed care organizations and prepaid health plans.

52103

(b) A public children services agency contract under division	52104
(C)(2)(a) of this section regarding the agency's duties under	52105
section 2151.421 of the Revised Code may not provide for the	52106
entity under contract with the agency to perform any service not	52107
authorized by the department's rules.	52108

(c) Only a county children services board appointed under	52109
section 5153.03 of the Revised Code that is a public children	52110
services agency may contract under division (C)(2)(a) of this	52111
section. If an entity specified in division (B) or (C) of section	52112
5153.02 of the Revised Code is the public children services agency	52113
for a county, the board of county commissioners may enter into	52114
contracts pursuant to section 307.982 of the Revised Code	52115
regarding the agency's duties.	52116

Sec. 5502.01. (A) The department of public safety shall	52117
administer and enforce the laws relating to the registration,	52118
licensing, sale, and operation of motor vehicles and the laws	52119
pertaining to the licensing of drivers of motor vehicles.	52120

The department shall compile, analyze, and publish statistics	52121
relative to motor vehicle accidents and the causes of them,	52122
prepare and conduct educational programs for the purpose of	52123
promoting safety in the operation of motor vehicles on the	52124
highways, and conduct research and studies for the purpose of	52125
promoting safety on the highways of this state.	52126

(B) The department shall administer the laws and rules	52127
relative to trauma and emergency medical services specified in	52128
Chapter 4765. of the Revised Code.	52129

(C) The department shall administer and enforce the laws	52130
contained in Chapters 4301. and 4303. of the Revised Code and	52131
enforce the rules and orders of the liquor control commission	52132
pertaining to retail liquor permit holders.	52133

(D) The department shall administer the laws governing the	52134
state emergency management agency and shall enforce all additional	52135
duties and responsibilities as prescribed in the Revised Code	52136
related to emergency management services.	52137

(E) The department shall conduct investigations pursuant to	52138
Chapter 5101. of the Revised Code in support of the duty of the	52139
department of job and family services to administer food stamp	52140
programs throughout this state. The department of public safety	52141
shall conduct investigations necessary to protect the state's	52142
property rights and interests in the food stamp program.	52143

(F) The department of public safety shall enforce compliance	52144
with orders and rules of the public utilities commission and	52145
applicable laws in accordance with Chapters 4919., 4921., and	52146
4923. of the Revised Code regarding commercial motor vehicle	52147
transportation safety, economic, and hazardous materials	52148
requirements.	52149

(G) Notwithstanding Chapter 4117. of the Revised Code, the	52150
department of public safety may establish requirements for its	52151
enforcement personnel, including its enforcement agents described	52152
in section 5502.14 of the Revised Code, that include standards of	52153
conduct, work rules and procedures, and criteria for eligibility	52154
as law enforcement personnel.	52155

(H) The department shall administer, maintain, and operate	52156
the Ohio criminal justice network. The Ohio criminal justice	52157
network shall be a computer network that supports state and local	52158
criminal justice activities. The network shall be an electronic	52159
repository for various data, which may include arrest warrants,	52160
notices of persons wanted by law enforcement agencies, criminal	52161
records, prison inmate records, stolen vehicle records, vehicle	52162
operator's licenses, and vehicle registrations and titles.	52163

(I) The department shall coordinate all homeland security	52164
activities of all state agencies and shall be a liaison between	52165
state agencies and local entities for those activities and related	52166
purposes.	52167

(J) Beginning July 1, 2004, the department shall administer	52168
and enforce the laws relative to private investigators and	52169
security service providers specified in Chapter 4749. of the	52170
Revised Code.	52171

(K) The department shall administer criminal justice services	52172
in accordance with sections 5502.61 to 5502.66 of the Revised	52173
Code.	52174

Sec. 5502.03. (A) There is hereby created in the department	52175
of public safety a division of homeland security. It is the intent	52176
of the general assembly that the creation of the division of	52177
homeland security of the department of public safety by this	52178
amendment does not result in an increase of funding appropriated	52179
to the department.	52180

(B)(1) The division shall coordinate all homeland security	52181
activities of all state agencies and shall be the liaison between	52182
state agencies and local entities for the purposes of	52183
communicating homeland security funding and policy initiatives.	52184

(2) The division and the department shall distribute any	52185
homeland security funds on a county basis and shall not distribute	52186
those funds on a regional basis.	52187

(C) The director of public safety shall appoint an executive	52188
director, who shall be head of the division of homeland security	52189
and who regularly shall advise the governor and the director on	52190
matters pertaining to homeland security. The executive director	52191
shall serve at the pleasure of the director of public safety. To	52192
carry out the duties assigned under this section, the executive	52193
director, subject to the direction and control of the director of	52194
public safety, may appoint and maintain necessary staff and may	52195
enter into any necessary agreements.	52196

(D) Except as otherwise provided by law, nothing in this	52197
section shall be construed to give the director of public safety	52198
or the executive director of the division of homeland security	52199
authority over the incident management structure or	52200
responsibilities of local emergency response personnel.	52201

~~Sec. 181.51.~~ Sec. 5502.61. As used in sections ~~181.51~~5502.61 to	52202
~~181.56~~5502.66 of the Revised Code:	52203

(A) "Federal criminal justice acts" means any federal law	52204
that authorizes financial assistance and other forms of assistance	52205
to be given by the federal government to the states to be used for	52206
the improvement of the criminal and juvenile justice systems of	52207
the states.	52208

(B)(1) "Criminal justice system" includes all of the	52209
functions of the following:	52210

(a) The state highway patrol, county sheriff offices,	52211
municipal and township police departments, and all other law	52212
enforcement agencies;	52213

(b) The courts of appeals, courts of common pleas, municipal	52214
courts, county courts, and mayor's courts, when dealing with	52215
criminal cases;	52216

(c) The prosecuting attorneys, city directors of law, village	52217
solicitors, and other prosecuting authorities when prosecuting or	52218
otherwise handling criminal cases and the county and joint county	52219
public defenders and other public defender agencies or offices;	52220

(d) The department of rehabilitation and correction,	52221
probation departments, county and municipal jails and workhouses,	52222
and any other department, agency, or facility that is concerned	52223
with the rehabilitation or correction of criminal offenders;	52224

(e) Any public or private agency whose purposes include the	52225
prevention of crime or the diversion, adjudication, detention, or	52226
rehabilitation of criminal offenders;	52227

(f) Any public or private agency, the purposes of which	52228
include assistance to crime victims or witnesses.	52229

(2) The inclusion of any public or private agency, the	52230
purposes of which include assistance to crime victims or	52231
witnesses, as part of the criminal justice system pursuant to	52232
division (B)(1) of this section does not limit, and shall not be	52233
construed as limiting, the discretion or authority of the attorney	52234
general with respect to crime victim assistance and criminal	52235
justice programs.	52236

(C) "Juvenile justice system" includes all of the functions	52237
of the juvenile courts, the department of youth services, any	52238
public or private agency whose purposes include the prevention of	52239
delinquency or the diversion, adjudication, detention, or	52240
rehabilitation of delinquent children, and any of the functions of	52241
the criminal justice system that are applicable to children.	52242

(D) "Comprehensive plan" means a document that coordinates,	52243
evaluates, and otherwise assists, on an annual or multi-year	52244
basis, any of the functions of the criminal and juvenile justice	52245
systems of the state or a specified area of the state, that	52246
conforms to the priorities of the state with respect to criminal	52247
and juvenile justice systems, and that conforms with the	52248
requirements of all federal criminal justice acts. These functions	52249
may include, but are not limited to, any of the following:	52250

(1) Crime and delinquency prevention;

52251

(2) Identification, detection, apprehension, and detention of	52252
persons charged with criminal offenses or delinquent acts;	52253

(3) Assistance to crime victims or witnesses, except that the	52254
comprehensive plan does not include the functions of the attorney	52255
general pursuant to sections 109.91 and 109.92 of the Revised	52256
Code;	52257

(4) Adjudication or diversion of persons charged with	52258
criminal offenses or delinquent acts;	52259

(5) Custodial treatment of criminal offenders, delinquent	52260
children, or both;	52261

(6) Institutional and noninstitutional rehabilitation of	52262
criminal offenders, delinquent children, or both.	52263

(E) "Metropolitan county criminal justice services agency"	52264
means an agency that is established pursuant to division (A) of	52265
section ~~181.54~~5502.64 of the Revised Code.	52266

(F) "Administrative planning district" means a district that	52267
is established pursuant to division (A) or (B) of section ~~181.56~~	52268
5502.66 of the Revised Code.	52269

(G) "Criminal justice coordinating council" means a criminal	52270
justice services agency that is established pursuant to division	52271
(D) of section ~~181.56~~5502.66 of the Revised Code.	52272

(H) "Local elected official" means any person who is a member	52273
of a board of county commissioners or township trustees or of a	52274
city or village council, judge of the court of common pleas, a	52275
municipal court, or a county court, sheriff, county coroner,	52276
prosecuting attorney, city director of law, village solicitor, or	52277
mayor.	52278

(I) "Juvenile justice coordinating council" means a juvenile	52279
justice services agency that is established pursuant to division	52280
(D) of section ~~181.56~~5502.66 of the Revised Code.	52281

~~Sec. 181.52.~~ Sec. 5502.62. (A) There is hereby created ~~an office~~	52282
in the department of public safety a division of criminal justice	52283
services. The ~~governor~~director of public safety, with the	52284
concurrence of the governor, shall appoint aan executive director	52285
of the ~~office, and the director may appoint, within the office,~~	52286
~~any professional and technical personnel and other employees that~~	52287
~~are necessary to enable the office to comply with sections 181.51~~	52288
~~to 181.56 of the Revised Code~~division of criminal justice	52289
services. The executive director shall be the head of the	52290
division. The executive director shall serve at the pleasure of	52291
the director of public safety. To carry out the duties assigned	52292
under this section and to comply with sections 5502.63 to 5502.66	52293
of the Revised Code, the executive director, subject to the	52294
direction and control of the director of public safety, may	52295
appoint and maintain any necessary staff and may enter into any	52296
necessary contracts and other agreements. The executive director	52297
and the assistant executive director of the ~~office~~division, and	52298
all professional and technical personnel employed within the	52299
~~office~~division who are not public employees as defined in section	52300
4117.01 of the Revised Code, shall be in the unclassified civil	52301
service, and all other persons employed within the office shall be	52302
in the classified civil service. ~~The director may enter into any~~	52303
~~contracts, except contracts governed by Chapter 4117. of the~~	52304
~~Revised Code, that are necessary for the operation of the office.~~	52305

(B) Subject to division (E) of this section and subject to	52306
divisions (D) to (F) of section 5120.09 of the Revised Code	52307
insofar as those divisions relate to federal criminal justice acts	52308
that the governor requires the department of rehabilitation and	52309
correction to administer, the ~~office~~division of criminal justice	52310
services shall do all of the following:	52311

(1) Serve as the state criminal justice services agency and	52312
perform criminal justice system planning in the state, including	52313
any planning that is required by any federal law;	52314

(2) Collect, analyze, and correlate information and data	52315
concerning the criminal justice system in the state;	52316

(3) Cooperate with and provide technical assistance to state	52317
departments, administrative planning districts, metropolitan	52318
county criminal justice services agencies, criminal justice	52319
coordinating councils, agencies, offices, and departments of the	52320
criminal justice system in the state, and other appropriate	52321
organizations and persons;	52322

(4) Encourage and assist agencies, offices, and departments	52323
of the criminal justice system in the state and other appropriate	52324
organizations and persons to solve problems that relate to the	52325
duties of the ~~office~~division;	52326

(5) Administer within the state any federal criminal justice	52327
acts that the governor requires it to administer;	52328

(6) Administer funds received under the "Family Violence	52329
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	52330
10401, as amended, with all powers necessary for the adequate	52331
administration of those funds, including the authority to	52332
establish a family violence prevention and services program.	52333

(7) Implement the state comprehensive plans;

52334

(8) Audit grant activities of agencies, offices,	52335
organizations, and persons that are financed in whole or in part	52336
by funds granted through the ~~office~~division;	52337

(9) Monitor or evaluate the performance of criminal justice	52338
system projects and programs in the state that are financed in	52339
whole or in part by funds granted through the ~~office~~division;	52340

(10) Apply for, allocate, disburse, and account for grants	52341
that are made available pursuant to federal criminal justice acts,	52342
or made available from other federal, state, or private sources,	52343
to improve the criminal justice system in the state. All money	52344
from such federal grants shall, if the terms under which the money	52345
is received require that the money be deposited into an	52346
interest-bearing fund or account, be deposited in the state	52347
treasury to the credit of the federal program purposes fund, which	52348
is hereby created. All investment earnings of the fund shall be	52349
credited to the fund.	52350

(11) Contract with federal, state, and local agencies,	52351
foundations, corporations, businesses, and persons when necessary	52352
to carry out the duties of the ~~office~~division;	52353

(12) Oversee the activities of metropolitan county criminal	52354
justice services agencies, administrative planning districts, and	52355
criminal justice coordinating councils in the state;	52356

(13) Advise the director of public safety, general assembly,	52357
and governor on legislation and other significant matters that	52358
pertain to the improvement and reform of criminal and juvenile	52359
justice systems in the state;	52360

(14) Prepare and recommend legislation to the director of	52361
public safety, general assembly, and governor for the improvement	52362
of the criminal and juvenile justice systems in the state;	52363

(15) Assist, advise, and make any reports that are requested	52364
or required by the governor, director of public safety, attorney	52365
general, or general assembly;	52366

(16) ~~Adopt~~Subject to the approval of the director of public	52367
safety, adopt rules pursuant to Chapter 119. of the Revised Code.	52368

(C) Upon the request of the director of public safety or	52369
governor, the ~~office~~division of criminal justice services may do	52370
any of the following:	52371

(1) Collect, analyze, or correlate information and data	52372
concerning the juvenile justice system in the state;	52373

(2) Cooperate with and provide technical assistance to state	52374
departments, administrative planning districts, metropolitan	52375
county criminal justice service agencies, criminal justice	52376
coordinating councils, agency offices, and the departments of the	52377
juvenile justice system in the state and other appropriate	52378
organizations and persons;	52379

(3) Encourage and assist agencies, offices, and departments	52380
of the juvenile justice system in the state and other appropriate	52381
organizations and persons to solve problems that relate to the	52382
duties of the ~~office~~division.	52383

(D) Divisions (B) and (C) of this section do not limit the	52384
discretion or authority of the attorney general with respect to	52385
crime victim assistance and criminal justice programs.	52386

(E) Nothing in this section is intended to diminish or alter	52387
the status of the office of the attorney general as a criminal	52388
justice services agency.	52389

~~Sec. 181.251.~~ Sec. 5502.63. The ~~office~~division of criminal justice	52390
services in the department of public safety shall prepare a poster	52391
and a brochure that describe safe firearms practices. The poster	52392
and brochure shall contain typeface that is at least one-quarter	52393
inch tall. The ~~office~~division shall furnish copies of the poster	52394
and brochure free of charge to each federally licensed firearms	52395
dealer in this state.	52396

As used in this section, "federally licensed firearms dealer"	52397
means an importer, manufacturer, or dealer having a license to	52398
deal in destructive devices or their ammunition, issued and in	52399
effect pursuant to the federal "Gun Control Act of 1968," 82 Stat.	52400
1213, 18 U.S.C. 923 et seq., and any amendments or additions to	52401
that act or reenactments of that act.	52402

~~Sec. 181.54.~~ Sec. 5502.64. (A) A county may enter into an	52403
agreement with the largest city within the county to establish a	52404
metropolitan county criminal justice services agency, if the	52405
population of the county exceeds five hundred thousand or the	52406
population of the city exceeds two hundred fifty thousand.	52407

(B) A metropolitan county criminal justice services agency	52408
shall do all of the following:	52409

(1) Accomplish criminal and juvenile justice systems planning	52410
within its services area;	52411

(2) Collect, analyze, and correlate information and data	52412
concerning the criminal and juvenile justice systems within its	52413
services area;	52414

(3) Cooperate with and provide technical assistance to all	52415
criminal and juvenile justice agencies and systems and other	52416
appropriate organizations and persons within its services area;	52417

(4) Encourage and assist agencies of the criminal and	52418
juvenile justice systems and other appropriate organizations and	52419
persons to solve problems that relate to its duties;	52420

(5) Administer within its services area any federal criminal	52421
justice acts or juvenile justice acts that the ~~office~~division of	52422
criminal justice services pursuant to section 5139.11 of the	52423
Revised Code or the department of youth services administers	52424
within the state;	52425

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

52426

(7) Monitor or evaluate, within its services area, the	52427
performance of the criminal and juvenile justice systems projects	52428
and programs that are financed in whole or in part by funds	52429
granted through it;	52430

(8) Apply for, allocate, and disburse grants that are made	52431
available pursuant to any federal criminal justice acts, or	52432
pursuant to any other federal, state, or private sources for the	52433
purpose of improving the criminal and juvenile justice systems;	52434

(9) Contract with federal, state, and local agencies,	52435
foundations, corporations, and other businesses or persons to	52436
carry out the duties of the agency.	52437

~~Sec. 181.55.~~ Sec. 5502.65. (A)(1) When funds are available for	52438
criminal justice purposes pursuant to section ~~181.54~~5502.64 of	52439
the Revised Code, the ~~office~~division of criminal justice services	52440
shall provide funds to metropolitan county criminal justice	52441
services agencies for the purpose of developing, coordinating,	52442
evaluating, and implementing comprehensive plans within their	52443
respective counties. The ~~office~~division of criminal justice	52444
services shall provide funds to an agency only if it complies with	52445
the conditions of division (B) of this section.	52446

(2) When funds are available for juvenile justice purposes	52447
pursuant to section ~~181.54~~5502.64 of the Revised Code, the	52448
department of youth services shall provide funds to metropolitan	52449
county criminal justice services agencies for the purpose of	52450
developing, coordinating, evaluating, and implementing	52451
comprehensive plans within their respective counties. The	52452
department shall provide funds to an agency only if it complies	52453
with the conditions of division (B) of this section.	52454

(B) A metropolitan county criminal justice services agency	52455
shall do all of the following:	52456

(1) Submit, in a form that is acceptable to the ~~office~~	52457
division of criminal justice services or the department of youth	52458
services pursuant to section 5139.01 of the Revised Code, a	52459
comprehensive plan for the county;	52460

(2) Establish a metropolitan county criminal justice services	52461
supervisory board whose members shall include a majority of the	52462
local elected officials in the county and representatives from law	52463
enforcement agencies, courts, prosecuting authorities, public	52464
defender agencies, rehabilitation and correction agencies,	52465
community organizations, juvenile justice services agencies,	52466
professionals, and private citizens in the county, and that shall	52467
have the authority set forth in division (C) of this section;	52468

(3) Organize in the manner provided in sections 167.01 to	52469
167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised Code,	52470
unless the board created pursuant to division (B)(2) of this	52471
section organizes pursuant to these sections.	52472

(C) A metropolitan county criminal justice services	52473
supervisory board shall do all of the following:	52474

(1) Exercise leadership in improving the quality of the	52475
criminal and juvenile justice systems in the county;	52476

(2) Review, approve, and maintain general oversight of the	52477
comprehensive plans for the county and the implementation of the	52478
plans;	52479

(3) Review and comment on the overall needs and	52480
accomplishments of the criminal and juvenile justice systems in	52481
the county;	52482

(4) Establish, as required to comply with this division, task	52483
forces, ad hoc committees, and other committees, whose members	52484
shall be appointed by the chairperson of the board;	52485

(5) Establish any rules that the board considers necessary	52486
and that are consistent with the federal criminal justice acts and	52487
section ~~181.52~~5502.62 of the Revised Code.	52488

~~Sec. 181.56.~~ Sec. 5502.66. (A) In counties in which a metropolitan	52489
county criminal justice services agency does not exist, the ~~office~~	52490
division of criminal justice services shall discharge the ~~office's~~	52491
division's duties that the ~~governor~~director of public safety	52492
requires it to administer by establishing administrative planning	52493
districts for criminal justice programs. An administrative	52494
planning district shall contain a group of contiguous counties in	52495
which no county has a metropolitan county criminal justice	52496
services agency.	52497

(B) In counties in which a metropolitan county criminal	52498
justice services agency does not exist, the department of youth	52499
services shall discharge pursuant to section 5139.11 of the	52500
Revised Code the department's duty by establishing administrative	52501
planning districts for juvenile justice programs.	52502

(C) All administrative planning districts shall contain a	52503
group of contiguous counties in which no county has a metropolitan	52504
county criminal justice services agency.	52505

(D) Any county or any combination of contiguous counties	52506
within an administrative planning district may form a criminal	52507
justice coordinating council or a juvenile justice coordinating	52508
council for its respective programs, if the county or the group of	52509
counties has a total population in excess of two hundred fifty	52510
thousand. The council shall comply with the conditions set forth	52511
in divisions (B) and (C) of section ~~181.55~~5502.65 of the Revised	52512
Code, and exercise within its jurisdiction the powers and duties	52513
set forth in division (B) of section ~~181.54~~5502.64 of the Revised	52514
Code.	52515

Sec. 5517.02. (A) Before undertaking the construction,	52516
reconstruction by widening or resurfacing, or improvement of a	52517
state highway, or a bridge or culvert thereon, or the installation	52518
of a traffic control signal on a state highway, the director of	52519
transportation shall make an estimate of the cost of the work	52520
using the force account project assessment form developed by the	52521
auditor of state under section 117.16 of the Revised Code. In	52522
constructing, or reconstructing by widening or resurfacing,	52523
improving, maintaining, and repairing state highways, and the	52524
bridges and culverts thereon, and in installing, maintaining, and	52525
repairing traffic control signals on state highways, the director,	52526
except as provided in division (B) of this section, shall proceed	52527
by contract let to the lowest competent and responsible bidder,	52528
after advertisement as provided in section 5525.01 of the Revised	52529
Code.	52530

(B)(1) Where the work contemplated is the construction of a	52531
bridge or culvert, or the installation of a traffic control	52532
signal, estimated to cost not more than fifty thousand dollars or	52533
the amount adjusted under section 117.162 of the Revised Code, the	52534
director may proceed by employing labor, purchasing materials, and	52535
furnishing equipment.	52536

(2) The director may also proceed with maintenance or repair	52537
work by employing labor, purchasing materials, and furnishing	52538
equipment, provided the total estimated cost of the completed	52539
operation, or series of connected operations, does not exceed	52540
twenty-five thousand dollars or the amount adjusted under section	52541
117.162 of the Revised Code per mile of highway, exclusive of	52542
structures and traffic control signals, or fifty thousand dollars	52543
or the amount adjusted under section 117.162 of the Revised Code	52544
for any single structure or traffic control signal.	52545

(3) The director may proceed by furnishing equipment,	52546
purchasing materials, and employing labor in the erection of	52547
temporary bridges or the making of temporary repairs to a highway	52548
or bridge rendered necessary by flood, landslide, or other	52549
extraordinary emergency. If the director determines inability to	52550
complete such emergency work by force account, the director may	52551
contract for any part of the work, with or without advertising for	52552
bids, as the director considers for the best interest of the	52553
department of transportation.	52554

Sec. 5540.01. As used in this chapter:

52555

(A) "Transportation improvement district" or "district" means	52556
a transportation improvement district designated pursuant to	52557
section 5540.02 of the Revised Code.	52558

(B) "Governmental agency" means a department, division, or	52559
other unit of state government; a county, township, or municipal	52560
corporation or other political subdivision; a regional transit	52561
authority or regional transit commission created pursuant to	52562
Chapter 306. of the Revised Code; a port authority created	52563
pursuant to Chapter 4582. of the Revised Code; and the United	52564
States or any agency thereof.	52565

(C) "Project" means a street, highway, or other	52566
transportation project constructed or improved under this chapter	52567
and includes all bridges, tunnels, overpasses, underpasses,	52568
interchanges, approaches, those portions of connecting streets or	52569
highways that serve interchanges and are determined by the	52570
district to be necessary for the safe merging of traffic between	52571
the project and those streets or highways, service facilities, and	52572
administration, storage, and other buildings, property, and	52573
facilities, that the district considers necessary for the	52574
operation of the project, together with all property and rights	52575
that must be acquired by the district for the construction,	52576
maintenance, or operation of the project.	52577

(D) "Cost," as applied to the construction of a project,	52578
includes the cost of construction, including bridges over or under	52579
existing highways and railroads, acquisition of all property	52580
acquired by the district for such construction, demolishing or	52581
removing any buildings or structures on land so acquired,	52582
including the cost of acquiring any lands to which such buildings	52583
or structures may be moved, site clearance, improvement, and	52584
preparation, diverting streets or highways, interchanges with	52585
streets or highways, access roads to private property, including	52586
the cost of land or easements therefor, all machinery,	52587
furnishings, and equipment, communications facilities, financing	52588
expenses, interest prior to and during construction and for one	52589
year after completion of construction, traffic estimates,	52590
indemnity and surety bonds and premiums on insurance, and	52591
guarantees, engineering, feasibility studies, and legal expenses,	52592
plans, specifications, surveys, estimates of cost and revenues,	52593
other expenses necessary or incidental to determining the	52594
feasibility or practicability of constructing a project, and such	52595
other expense as may be necessary or incident to the construction	52596
of the project and the financing of such construction. Any	52597
obligation or expense incurred by any governmental agency or	52598
person for surveys, borings, preparation of plans and	52599
specifications, and other engineering services, or any other cost	52600
described above, in connection with the construction of a project	52601
may be regarded as part of the cost of the project and reimbursed	52602
from revenues, taxes, or the proceeds of bonds as authorized by	52603
this chapter.	52604

(E) "Owner" includes any person having any title or interest	52605
in any property authorized to be acquired by a district under this	52606
chapter.	52607

(F) "Revenues" means all moneys received by a district with	52608
respect to the lease, sublease, or sale, including installment	52609
sale, conditional sale, or sale under a lease-purchase agreement,	52610
of a project, all moneys received by a district under an agreement	52611
pursuant to section 5540.032 of the Revised Code, any gift or	52612
grant received with respect to a project, tolls, special	52613
assessments levied by the district, proceeds of bonds to the	52614
extent the use thereof for payment of principal or of premium, if	52615
any, or interest on the bonds is authorized by the district,	52616
proceeds from any insurance, condemnation, or guaranty pertaining	52617
to a project or property mortgaged to secure bonds or pertaining	52618
to the financing of a project, and income and profit from the	52619
investment of the proceeds of bonds or of any revenues.	52620

(G) "Street or highway" has the same meaning as in section	52621
4511.01 of the Revised Code.	52622

(H) "Financing expenses" means all costs and expenses	52623
relating to the authorization, issuance, sale, delivery,	52624
authentication, deposit, custody, clearing, registration,	52625
transfer, exchange, fractionalization, replacement, payment, and	52626
servicing of bonds including, without limitation, costs and	52627
expenses for or relating to publication and printing, postage,	52628
delivery, preliminary and final official statements, offering	52629
circulars, and informational statements, travel and	52630
transportation, underwriters, placement agents, investment	52631
bankers, paying agents, registrars, authenticating agents,	52632
remarketing agents, custodians, clearing agencies or corporations,	52633
securities depositories, financial advisory services,	52634
certifications, audits, federal or state regulatory agencies,	52635
accounting and computation services, legal services and obtaining	52636
approving legal opinions and other legal opinions, credit ratings,	52637
redemption premiums, and credit enhancement facilities.	52638

(I) "Bond proceedings" means the resolutions, trust	52639
agreements, certifications, notices, sale proceedings, leases,	52640
lease-purchase agreements, assignments, credit enhancement	52641
facility agreements, and other agreements, instruments, and	52642
documents, as amended and supplemented, or any one or more of	52643
combination thereof, authorizing, or authorizing or providing for	52644
the terms and conditions applicable to, or providing for the	52645
security or sale or award or liquidity of, bonds, and includes the	52646
provisions set forth or incorporated in those bonds and bond	52647
proceedings.	52648

(J) "Bond service charges" means principal, including any	52649
mandatory sinking fund or mandatory redemption requirements for	52650
retirement of bonds, and interest and any redemption premium	52651
payable on bonds, as those payments come due and are payable to	52652
the bondholder or to a person making payment under a credit	52653
enhancement facility of those bond service charges to a	52654
bondholder.	52655

(K) "Bond service fund" means the applicable fund created by	52656
the bond proceedings for and pledged to the payment of bond	52657
service charges on bonds provided for by those proceedings,	52658
including all moneys and investments, and earnings from	52659
investments, credited and to be credited to that fund as provided	52660
in the bond proceedings.	52661

(L) "Bonds" means bonds, notes, including notes anticipating	52662
bonds or other notes, commercial paper, certificates of	52663
participation, or other evidences of obligation, including any	52664
interest coupons pertaining thereto, issued pursuant to this	52665
chapter.	52666

(M) "Net revenues" means revenues lawfully available to pay	52667
both current operating expenses of a district and bond service	52668
charges in any fiscal year or other specified period, less current	52669
operating expenses of the district and any amount necessary to	52670
maintain a working capital reserve for that period.	52671

(N) "Pledged revenues" means net revenues, moneys and	52672
investments, and earnings on those investments, in the applicable	52673
bond service fund and any other special funds, and the proceeds of	52674
any bonds issued for the purpose of refunding prior bonds, all as	52675
lawfully available and by resolution of the district committed for	52676
application as pledged revenues to the payment of bond service	52677
charges on particular issues of bonds.	52678

(O) "Special funds" means the applicable bond service fund	52679
and any accounts and subaccounts in that fund, any other funds or	52680
accounts permitted by and established under, and identified as a	52681
special fund or special account in, the bond proceedings,	52682
including any special fund or account established for purposes of	52683
rebate or other requirements under federal income tax laws.	52684

(P) "Credit enhancement facilities" means letters of credit,	52685
lines of credit, standby, contingent, or firm securities purchase	52686
agreements, insurance, or surety arrangements, guarantees, and	52687
other arrangements that provide for direct or contingent payment	52688
of bond service charges, for security or additional security in	52689
the event of nonpayment or default in respect of bonds, or for	52690
making payment of bond service charges and at the option and on	52691
demand of bondholders or at the option of the district or upon	52692
certain conditions occurring under put or similar arrangements, or	52693
for otherwise supporting the credit or liquidity of the bonds, and	52694
includes credit, reimbursement, marketing, remarketing, indexing,	52695
carrying, interest rate hedge as defined in section 133.01 of the	52696
Revised Code, and subrogation agreements, and other agreements and	52697
arrangements for payment and reimbursement of the person providing	52698
the credit enhancement facility and the security for that payment	52699
and reimbursement.	52700

(Q) "Refund" means to fund and retire outstanding bonds,	52701
including advance refunding with or without payment or redemption	52702
prior to stated maturity.	52703

(R) "Property" includes interests in property.

52704

(S) "Administrative agent," "agent," "commercial paper,"	52705
"floating rate interest structure," "indexing agent," "interest	52706
rate period," "put arrangement," and "remarketing agent" have the	52707
same meanings as in section 9.98 of the Revised Code.	52708

(T) "Outstanding" as applied to bonds means outstanding in	52709
accordance with the terms of the bonds and the applicable bond	52710
proceedings.	52711

(U) "Interstate system" has the same meaning as in section	52712
5516.01 of the Revised Code.	52713

Sec. 5540.032. A transportation improvement district and any	52714
governmental agency may enter into an agreement providing for the	52715
joint financing, construction, acquisition, or improvement of any	52716
project benefiting the parties thereto and providing for the joint	52717
management, maintenance, and repair thereof. Any such agreement	52718
shall be approved by resolution or ordinance passed by the	52719
legislative authority of each of the parties to such agreement,	52720
which resolution or ordinance shall authorize the execution	52721
thereof by a designated official or officials of each of such	52722
parties, and such agreement, when so approved and executed, shall	52723
be in full force and effect.	52724

Any party to such an agreement may issue and, notwithstanding	52725
any other provision of the Revised Code, a district may purchase	52726
directly from the party as an investment, securities to evidence	52727
the obligations of that party to the district pursuant to the	52728
agreement for its portion of the cost of the project pursuant to	52729
Chapter 133. or other applicable provisions of the Revised Code.	52730

Sec. 5540.09. (A) The bonds do not constitute a debt, or a	52731
pledge of the faith and credit, of the state or of any political	52732
subdivision of the state. Bond service charges on outstanding	52733
bonds are payable solely from the pledged revenues pledged for	52734
their payment as authorized by this chapter and as provided in the	52735
bond proceedings. All bonds shall contain on their face a	52736
statement to that effect.	52737

(B) All expenses incurred in carrying out this chapter shall	52738
be payable solely from revenues provided under this chapter. ~~This~~	52739
Except as provided in section 5540.032 of the Revised Code, this	52740
chapter does not authorize the board of trustees of a district to	52741
incur indebtedness or liability on behalf of or payable by the	52742
state or any political subdivision of the state.	52743

Sec. 5543.19. (A) The county engineer may, when authorized	52744
by the board of county commissioners and not required by this	52745
section or other law to use competitive bidding, employ such	52746
laborers and vehicles, use such county employees and property,	52747
lease such implements and tools, and purchase such materials as	52748
are necessary in the construction, reconstruction, improvement,	52749
maintenance, or repair of roads by force account.	52750

In determining whether construction or reconstruction,	52751
including widening and resurfacing, of roads may be undertaken by	52752
force account, the county engineer shall first cause to be made an	52753
estimate of the cost of such work using the force account project	52754
assessment form developed by the auditor of state under section	52755
117.16 of the Revised Code. When the total estimated cost of the	52756
work exceeds thirty thousand dollars per mile or the amount	52757
adjusted under section 117.162 of the Revised Code, the county	52758
commissioners shall invite and receive competitive bids for	52759
furnishing all the labor, materials, and equipment necessary to	52760
complete the work in accordance with sections 307.86 to 307.92 of	52761
the Revised Code.	52762

(B) The county engineer may, when authorized by the board of	52763
county commissioners and not required by this section or other law	52764
to use competitive bidding, employ such laborers and vehicles, use	52765
such county employees and property, lease such implements and	52766
tools, and purchase such materials as are necessary in the	52767
construction, reconstruction, improvement, maintenance, or repair	52768
of bridges and culverts by force account.	52769

In determining whether such construction, reconstruction,	52770
improvement, maintenance, or repair of bridges or culverts may be	52771
undertaken by force account, the county engineer shall first cause	52772
to be made an estimate of the cost of such work using the force	52773
account project assessment form. When the total estimated cost of	52774
the work exceeds one hundred thousand dollars or the amount	52775
adjusted under section 117.162 of the Revised Code, the board of	52776
county commissioners shall invite and receive competitive bids for	52777
furnishing all the labor, materials, and equipment necessary to	52778
complete the work, in accordance with sections 307.86 to 307.92 of	52779
the Revised Code. The county engineer shall obtain the approval	52780
required by section 5543.02 of the Revised Code.	52781

(C) "Force account," as used in this section means that the	52782
county engineer will act as contractor, using labor employed by	52783
the engineer using material and equipment either owned by the	52784
county or leased or purchased in compliance with sections 307.86	52785
to 307.92 of the Revised Code and excludes subcontracting any part	52786
of such work unless done pursuant to sections 307.86 to 307.92 of	52787
the Revised Code.	52788

The term "competitive bids" as used in this section requires	52789
competition for the whole contract and in regard to its component	52790
parts, including labor and materials. Neither plans nor	52791
specifications shall be drawn to favor any manufacturer or bidder	52792
unless required by the public interest.	52793

Sec. 5549.01. The board of county commissioners may purchase	52794
such machinery, tools, or other equipment, including special	52795
wearing apparel, for the construction, improvement, maintenance,	52796
or repair of the highways, bridges, and culverts under its	52797
jurisdiction as it deems necessary. The board may also purchase,	52798
hire, or lease automobiles, motorcycles, or other conveyances and	52799
maintain them for the use of the county engineer and ~~his~~the	52800
engineer's assistants when on official business. All such	52801
machinery, tools, and equipment, including special wearing	52802
apparel, and conveyances belonging to the county shall be under	52803
the care and custody of the engineer, and shall be plainly and	52804
conspicuously marked as the property of the county.	52805

The engineer ~~shall~~ annually~~, on the fifteenth day of~~	52806
~~November, make a written inventory of all such items, indicating~~	52807
~~each article, stating the value thereof, and the estimated cost of~~	52808
~~all necessary repairs thereto, and deliver such inventory to the~~	52809
~~board, which shall cause it to be placed on file. At the same time~~	52810
he shall file with the board ~~his~~ written recommendations as to	52811
what machinery, tools, and equipment, including special wearing	52812
apparel, and conveyances should be purchased for the use of the	52813
county during the ensuing year and the probable cost thereof.	52814

The board shall provide a suitable place for housing and	52815
storing machinery, tools, and equipment, including special wearing	52816
apparel, materials, and conveyances owned by the county, and may	52817
purchase the necessary material and construct, or enter into an	52818
agreement with a railroad company to construct, one switch or spur	52819
track from the right of way of such railroad company to land or	52820
storage house owned by the county. All expenditures authorized by	52821
this section shall be paid out of any available road funds of the	52822
county.	52823

Purchases, hiring, or leasing made by the board pursuant to	52824
this section shall be governed by sections 307.86 to 307.92,	52825
~~inclusive,~~ of the Revised Code.	52826

Sec. 5573.13. The proportion of the compensation, damages,	52827
and costs of any road improvement to be paid by the township shall	52828
be paid out of any road improvement fund available therefor. For	52829
the purpose of providing by taxation a fund for the payment of the	52830
township's proportion of the compensation, damages, and costs of	52831
constructing, reconstructing, resurfacing, or improving roads	52832
under sections 5571.01, 5571.06, 5571.07, 5571.15, 5573.01 to	52833
5573.15, ~~inclusive,~~ and 5575.02 to 5575.09~~, inclusive,~~ of the	52834
Revised Code, and for the purpose of maintaining, repairing, or	52835
dragging any public road or part thereof under their jurisdiction,	52836
in the manner provided in sections 5571.02 to 5571.05, ~~inclusive,~~	52837
5571.08, 5571.12, ~~5571.13,~~ and 5575.01 of the Revised Code, the	52838
board of trustees may levy, annually, a tax not exceeding three	52839
mills upon each dollar of the taxable property of said township.	52840
Such levy shall be in addition to all other levies authorized for	52841
township purposes, and subject only to the limitation on the	52842
combined maximum rate for all taxes now in force. The taxes so	52843
authorized shall be placed by the county auditor upon the tax	52844
duplicate, against the taxable property of the township, and	52845
collected by the county treasurer as other taxes. When collected,	52846
such taxes shall be paid to the township clerk of the township	52847
from which they are collected, and the money so received shall be	52848
under the control of the board for the purposes for which the	52849
taxes were levied.	52850

Sec. 5575.01. (A) In the maintenance and repair of roads,	52851
the board of township trustees may proceed either by contract or	52852
force account, but, unless the exemption specified in division (C)	52853
of this section applies, if the board wishes to proceed by force	52854
account, it first shall cause the county engineer to complete the	52855
force account assessment form developed by the auditor of state	52856
under section 117.16 of the Revised Code. Except as otherwise	52857
provided in sections 505.08 and 505.101 of the Revised Code, when	52858
the board proceeds by contract, the contract shall, if the amount	52859
involved exceeds forty-five thousand dollars or the amount	52860
adjusted under section 117.162 of the Revised Code, be let by the	52861
board to the lowest responsible bidder after advertisement for	52862
bids once, not later than two weeks, prior to the date fixed for	52863
the letting of the contract, in a newspaper published in the	52864
county and of general circulation within the township or, if no	52865
newspaper is published in the county, in a newspaper having	52866
general circulation in the township. If the amount involved is	52867
forty-five thousand dollars or the amount adjusted under section	52868
117.162 of the Revised Code or less, a contract may be let without	52869
competitive bidding, or the work may be done by force account.	52870
Such a contract shall be performed under the supervision of a	52871
member of the board or the township road superintendent.	52872

(B) Before undertaking the construction or reconstruction of	52873
a township road, the board shall cause to be made by the county	52874
engineer an estimate of the cost of the work, which estimate shall	52875
include labor, material, freight, fuel, hauling, use of machinery	52876
and equipment, and all other items of cost. If the board finds it	52877
in the best interest of the public, it may, in lieu of	52878
constructing the road by contract, proceed to construct the road	52879
by force account. Except as otherwise provided under sections	52880
505.08 and 505.101 of the Revised Code, where the total estimate	52881
cost of the work exceeds fifteen thousand dollars or the amount	52882
adjusted under section 117.162 of the Revised Code per mile, the	52883
board shall invite and receive competitive bids for furnishing all	52884
the labor, materials, and equipment and doing the work, as	52885
provided in section 5575.02 of the Revised Code, and shall	52886
consider and reject them before ordering the work done by force	52887
account. When such bids are received, considered, and rejected,	52888
and the work is done by force account, the work shall be performed	52889
in compliance with the plans and specifications upon which the	52890
bids were based.	52891

(C) Force account assessment forms are not required under	52892
division (A) of this section for road maintenance or repair	52893
projects of less than fifteen thousand dollars or the amount	52894
adjusted under section 117.162 of the Revised Code, or under	52895
division (B) of this section for road construction or	52896
reconstruction projects of less than five thousand dollars or the	52897
amount adjusted under section 117.162 of the Revised Code per	52898
mile.	52899

(D) All force account work under this section shall be done	52900
under the direction of a member of the board or the township road	52901
superintendent.	52902

Sec. 5701.03. As used in Title LVII of the Revised Code:

52903

(A) "Personal property" includes every tangible thing that is	52904
the subject of ownership, whether animate or inanimate, including	52905
a business fixture, and that does not constitute real property as	52906
defined in section 5701.02 of the Revised Code. "Personal	52907
property" also includes every share, portion, right, or interest,	52908
either legal or equitable, in and to every ship, vessel, or boat,	52909
used or designed to be used in business either exclusively or	52910
partially in navigating any of the waters within or bordering on	52911
this state, whether such ship, vessel, or boat is within the	52912
jurisdiction of this state or elsewhere. "Personal property" does	52913
not include money as defined in section 5701.04 of the Revised	52914
Code, motor vehicles registered by the owner thereof, electricity,	52915
or, for purposes of any tax levied on personal property before tax	52916
year 2006, patterns, jigs, dies, or drawings that are held for use	52917
and not for sale in the ordinary course of business, except to the	52918
extent that the value of the electricity, patterns, jigs, dies, or	52919
drawings is included in the valuation of inventory produced for	52920
sale.	52921

(B) "Business fixture" means an item of tangible personal	52922
property that has become permanently attached or affixed to the	52923
land or to a building, structure, or improvement, and that	52924
primarily benefits the business conducted by the occupant on the	52925
premises and not the realty. "Business fixture" includes, but is	52926
not limited to, machinery, equipment, signs, storage bins and	52927
tanks, whether above or below ground, and broadcasting,	52928
transportation, transmission, and distribution systems, whether	52929
above or below ground. "Business fixture" also means those	52930
portions of buildings, structures, and improvements that are	52931
specially designed, constructed, and used for the business	52932
conducted in the building, structure, or improvement, including,	52933
but not limited to, foundations and supports for machinery and	52934
equipment. "Business fixture" does not include fixtures that are	52935
common to buildings, including, but not limited to, heating,	52936
ventilation, and air conditioning systems primarily used to	52937
control the environment for people or animals, tanks, towers, and	52938
lines for potable water or water for fire control, electrical and	52939
communication lines, and other fixtures that primarily benefit the	52940
realty and not the business conducted by the occupant on the	52941
premises.	52942

Sec. 5703.052. (A) There is hereby created in the state	52943
treasury the tax refund fund, from which refunds shall be paid for	52944
taxes illegally or erroneously assessed or collected, or for any	52945
other reason overpaid, that are levied by Chapter 4301., 4305.,	52946
5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,	52947
5749., or ~~5753.~~5751., and sections 3737.71, 3905.35, 3905.36,	52948
4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811	52949
of the Revised Code. Refunds for fees illegally or erroneously	52950
assessed or collected, or for any other reason overpaid, that are	52951
levied by sections 3734.90 to 3734.9014 of the Revised Code also	52952
shall be paid from the fund. However, refunds for taxes levied	52953
under section 5739.101 of the Revised Code shall not be paid from	52954
the tax refund fund, but shall be paid as provided in section	52955
5739.104 of the Revised Code.	52956

(B)(1) Upon certification by the tax commissioner to the	52957
treasurer of state of a tax refund or fee refund, or by the	52958
superintendent of insurance of a domestic or foreign insurance tax	52959
refund, the treasurer of state shall place the amount certified to	52960
the credit of the fund. The certified amount transferred shall be	52961
derived from current receipts of the same tax or the fee from	52962
which the refund arose. If current receipts from the tax or fee	52963
from which the refund arose are inadequate to make the transfer of	52964
the amount so certified, the treasurer of state shall transfer	52965
such certified amount from current receipts of the sales tax	52966
levied by section 5739.02 of the Revised Code.	52967

(2) When the treasurer of state provides for the payment of a	52968
refund of a tax or fee from the current receipts of the sales tax,	52969
and the refund is for a tax or fee that is not levied by the	52970
state, the tax commissioner shall recover the amount of that	52971
refund from the next distribution of that tax or fee that	52972
otherwise would be made to the taxing jurisdiction. If the amount	52973
to be recovered would exceed twenty-five per cent of the next	52974
distribution of that tax or fee, the commissioner may spread the	52975
recovery over more than one future distribution, taking into	52976
account the amount to be recovered and the amount of the	52977
anticipated future distributions. In no event may the commissioner	52978
spread the recovery over a period to exceed twenty-four months.	52979

Sec. 5703.053. As used in this section, "postal service"	52980
means the United States postal service.	52981

An application to the tax commissioner for a tax refund under	52982
section 4307.05, 4307.07, 5727.28, 5727.91, 5728.061, 5735.122,	52983
5735.13, 5735.14, 5735.141, 5735.142, 5739.07, 5741.10, 5743.05,	52984
5743.53, 5745.11, 5749.08, or ~~5753.06~~5751.08 of the Revised Code	52985
or division (B) of section 5703.05 of the Revised Code, or a fee	52986
refunded under section 3734.905 of the Revised Code, that is	52987
received after the last day for filing under such section shall be	52988
considered to have been filed in a timely manner if:	52989

(A) The application is delivered by the postal service and	52990
the earliest postal service postmark on the cover in which the	52991
application is enclosed is not later than the last day for filing	52992
the application;	52993

(B) The application is delivered by the postal service, the	52994
only postmark on the cover in which the application is enclosed	52995
was affixed by a private postal meter, the date of that postmark	52996
is not later than the last day for filing the application, and the	52997
application is received within seven days of such last day; or	52998

(C) The application is delivered by the postal service, no	52999
postmark date was affixed to the cover in which the application is	53000
enclosed or the date of the postmark so affixed is not legible,	53001
and the application is received within seven days of the last day	53002
for making the application.	53003

Sec. 5703.057. (A) For the efficient administration of the	53004
taxes and fees administered by the tax commissioner, the	53005
commissioner may require that any person filing a tax document	53006
with the department of taxation provide identifying information,	53007
which may include the person's social security number, federal	53008
employer identification number, or other identification number	53009
requested by the commissioner. A person required by the	53010
commissioner to provide identifying information who has	53011
experienced any change with respect to that information shall	53012
notify the commissioner of the change prior to, or upon, filing	53013
the next tax document requiring such identifying information.	53014

(B) When transmitting or otherwise making use of a tax	53015
document that contains a person's social security number, the	53016
commissioner shall take all reasonable measures necessary to	53017
ensure that the number is not capable of being viewed by the	53018
general public, including, when necessary, masking the number so	53019
that it is not readily discernible by the general public.	53020

(C)(1) If the commissioner makes a request for identifying	53021
information and the commissioner does not receive valid	53022
identifying information within thirty days of making the request,	53023
the commissioner may impose a penalty upon the person to whom the	53024
request was directed of up to one hundred dollars. If, after the	53025
expiration of this thirty day period, the commissioner makes one	53026
or more subsequent requests for identifying information and the	53027
person to whom the subsequent request is directed fails to provide	53028
valid identifying information within thirty days of the	53029
commissioner's subsequent request, the commissioner may impose an	53030
additional penalty of up to two hundred dollars for each	53031
subsequent request not complied with in a timely fashion.	53032

(2) If a person required by the commissioner to provide	53033
identifying information does not notify the commissioner of a	53034
change with respect to that information as required under division	53035
(A) of this section within thirty days after filing the next tax	53036
document requiring such identifying information, the commissioner	53037
may impose a penalty of up to fifty dollars.	53038

(3) The penalties provided for under divisions (C)(1) and (2)	53039
of this section may be billed and assessed in the same manner as	53040
the tax or fee with respect to which the identifying information	53041
is sought and are in addition to any applicable criminal penalties	53042
described in division (D) of this section and any other penalties	53043
that may be imposed by the commissioner by law.	53044

(D) Section 5703.26 of the Revised Code applies with respect	53045
to false or fraudulent identifying information provided by a	53046
person to the commissioner under this section.	53047

Sec. 5703.47. (A) As used in this section, "federal	53048
short-term rate" means the rate of the average market yield on	53049
outstanding marketable obligations of the United States with	53050
remaining periods to maturity of three years or less, as	53051
determined under section 1274 of the "Internal Revenue Code of	53052
1986," 100 Stat. 2085, 26 U.S.C.A. 1274, for July of the current	53053
year.	53054

(B) On the fifteenth day of October of each year, the tax	53055
commissioner shall determine the federal short-term rate. For	53056
purposes of any section of the Revised Code requiring interest to	53057
be computed at the rate per annum required by this section, the	53058
rate determined by the commissioner under this section, rounded to	53059
the nearest whole number per cent, plus three per cent, shall be	53060
the interest rate per annum used in making the computation for	53061
interest that accrues during the following calendar year. For the	53062
purposes of sections 5719.041 and 5731.23 of the Revised Code,	53063
references to the "federal short-term rate" are references to the	53064
federal short-term rate as determined by the tax commissioner	53065
under this section rounded to the nearest whole number per cent.	53066

(C) Within ten days after the interest rate per annum is	53067
determined under this section, the tax commissioner shall notify	53068
the auditor of each county in writing of that rate of interest.	53069

Sec. 5703.50. As used in sections 5703.50 to 5703.53 of the	53070
Revised Code:	53071

(A) "Tax" includes only those taxes imposed on tangible	53072
personal property listed in accordance with Chapter 5711. of the	53073
Revised Code and taxes imposed under Chapters 5733., 5739., 5741.,	53074
~~and~~ 5747., and 5751. of the Revised Code.	53075

(B) "Taxpayer" means a person subject to or potentially	53076
subject to a tax including an employer required to deduct and	53077
withhold any amount under section 5747.06 of the Revised Code.	53078

(C) "Audit" means the examination of a taxpayer or the	53079
inspection of the books, records, memoranda, or accounts of a	53080
taxpayer for the purpose of determining liability for a tax.	53081

(D) "Assessment" means a notice of underpayment or nonpayment	53082
of a tax issued pursuant to section 5711.26, 5711.32, 5733.11,	53083
5739.13, 5741.11, 5741.13, or 5747.13, or 5751.09 of the Revised	53084
Code.	53085

(E) "County auditor" means the auditor of the county in which	53086
the tangible personal property subject to a tax is located.	53087

Sec. 5703.70. (A) On the filing of an application for refund	53088
under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91,	53089
5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142,	53090
5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53,	53091
or 5749.08, or 5751.08 of the Revised Code, or an application for	53092
compensation under section 5739.123 of the Revised Code, if the	53093
tax commissioner determines that the amount of the refund or	53094
compensation to which the applicant is entitled is less than the	53095
amount claimed in the application, the commissioner shall give the	53096
applicant written notice by ordinary mail of the amount. The	53097
notice shall be sent to the address shown on the application	53098
unless the applicant notifies the commissioner of a different	53099
address. The applicant shall have sixty days from the date the	53100
commissioner mails the notice to provide additional information to	53101
the commissioner or request a hearing, or both.	53102

(B) If the applicant neither requests a hearing nor provides	53103
additional information to the tax commissioner within the time	53104
prescribed by division (A) of this section, the commissioner shall	53105
take no further action, and the refund amount or compensation	53106
amount denied becomes final.	53107

(C)(1) If the applicant requests a hearing within the time	53108
prescribed by division (A) of this section, the tax commissioner	53109
shall assign a time and place for the hearing and notify the	53110
applicant of such time and place, but the commissioner may	53111
continue the hearing from time to time as necessary. After the	53112
hearing, the commissioner may make such adjustments to the refund	53113
or compensation as the commissioner finds proper, and shall issue	53114
a final determination thereon.	53115

(2) If the applicant does not request a hearing, but provides	53116
additional information, within the time prescribed by division (A)	53117
of this section, the commissioner shall review the information,	53118
make such adjustments to the refund or compensation as the	53119
commissioner finds proper, and issue a final determination	53120
thereon.	53121

(3) The commissioner shall serve a copy of the final	53122
determination made under division (C)(1) or (2) of this section on	53123
the applicant in the manner provided in section 5703.37 of the	53124
Revised Code, and the decision is final, subject to appeal under	53125
section 5717.02 of the Revised Code.	53126

(D) The tax commissioner shall certify to the director of	53127
budget and management and treasurer of state for payment from the	53128
tax refund fund created by section 5703.052 of the Revised Code,	53129
the amount of the refund to be refunded under division (B) or (C)	53130
of this section. The commissioner also shall certify to the	53131
director and treasurer of state for payment from the general	53132
revenue fund the amount of compensation to be paid under division	53133
(B) or (C) of this section.	53134

Sec. 5703.80. There is hereby created in the state treasury	53135
the property tax administration fund. All money to the credit of	53136
the fund shall be used to defray the costs incurred by the	53137
department of taxation in administering the taxation of property	53138
and the equalization of real property valuation.	53139

Each fiscal year between the first and fifteenth days of	53140
July, the tax commissioner shall compute the following amounts for	53141
the property in each taxing district in each county, and certify	53142
to the director of budget and management the sum of those amounts	53143
for all taxing districts in all counties:	53144

(A) ~~Three-tenths~~For fiscal year 2006, thirty-three	53145
hundredths of one per cent of the total amount by which taxes	53146
charged against real property on the general tax list of real and	53147
public utility property were reduced under section 319.302 of the	53148
Revised Code for the preceding tax year;	53149

(B) ~~Fifteen-hundredths~~For fiscal year 2007 and thereafter,	53150
thirty-five hundredths of one per cent of the total amount by	53151
which taxes charged against real property on the general tax list	53152
of real and public utility property were reduced under section	53153
319.302 of the Revised Code for the preceding tax year;	53154

(C) For fiscal year 2006, one-half of one per cent of the	53155
total amount of taxes charged and payable against public utility	53156
personal property on the general tax list of real and public	53157
utility property for the preceding tax year and of the total	53158
amount of taxes charged and payable against tangible personal	53159
property on the general tax list of personal property of the	53160
preceding tax year and for which returns were filed with the tax	53161
commissioner under section 5711.13 of the Revised Code;	53162

~~(C) Seventy-five~~(D) For fiscal year 2007, fifty-six	53163
hundredths of one per cent of the total amount of taxes charged	53164
and payable against public utility personal property on the	53165
general tax list of real and public utility property for the	53166
preceding tax year and of the total amount of taxes charged and	53167
payable against tangible personal property on the general tax list	53168
of personal property of the preceding tax year and for which	53169
returns were filed with the tax commissioner under section 5711.13	53170
of the Revised Code;	53171

(E) For fiscal year 2008 and thereafter, six-tenths of one	53172
per cent of the total amount of taxes charged and payable against	53173
public utility personal property on the general tax list of real	53174
and public utility property for the preceding tax year and of the	53175
total amount of taxes charged and payable against tangible	53176
personal property on the general tax list of personal property of	53177
the preceding tax year and for which returns were filed with the	53178
tax commissioner under section 5711.13 of the Revised Code.	53179

After receiving the tax commissioner's certification, the	53180
director of budget and management shall transfer from the general	53181
revenue fund to the property tax administration fund one-fourth of	53182
the amount certified on or before each of the following days: the	53183
first days of August, November, February, and May.	53184

On or before the thirtieth day of June of the fiscal year,	53185
the tax commissioner shall certify to the director of budget and	53186
management the sum of the amounts by which the amounts computed	53187
for a taxing district under ~~divisions (A), (B), and (C) of~~ this	53188
section exceeded the distributions to the taxing district under	53189
division (F) of section 321.24 of the Revised Code, and the	53190
director shall transfer that sum from the property tax	53191
administration fund to the general revenue fund.	53192

Sec. 5705.02. The aggregate amount of taxes that may be	53193
levied on any taxable property in any subdivision or other taxing	53194
unit shall not in any one year exceed ten mills on each dollar of	53195
tax valuation of such subdivision or other taxing unit, except for	53196
taxes specifically authorized to be levied in excess thereof. The	53197
limitation provided by this section shall be known as the	53198
"ten-mill limitation~~," and~~."Except when used in reference to	53199
taxes authorized pursuant to section 5705.219 of the Revised Code,	53200
wherever said term is used in the Revised Code, it refers to and	53201
includes both the limitation imposed by this section and the	53202
limitation imposed by Section 2 of Article XII, Ohio Constitution.	53203

Sec. 5705.091. The board of county commissioners of each	53204
county shall establish a county mental retardation and	53205
developmental disabilities general fund. Notwithstanding sections	53206
5705.09 and 5705.10 of the Revised Code, proceeds from levies	53207
under section 5705.222 and division (L) of section 5705.19 of the	53208
Revised Code shall be deposited to the credit of the county mental	53209
retardation and developmental disabilities general fund. Accounts	53210
shall be established within the county mental retardation and	53211
developmental disabilities general fund for each of the several	53212
particular purposes of the levies as specified in the resolutions	53213
under which the levies were approved, and proceeds from different	53214
levies that were approved for the same particular purpose shall be	53215
credited to accounts for that purpose. Other money received by the	53216
county for the purposes of Chapters 3323. and 5126. of the Revised	53217
Code and not required by state or federal law to be deposited to	53218
the credit of a different fund shall also be deposited to the	53219
credit of the county mental retardation and developmental	53220
disabilities general fund, in an account appropriate to the	53221
particular purpose for which the money was received. Unless	53222
otherwise provided by law, an unexpended balance at the end of a	53223
fiscal year in any account in the county mental retardation and	53224
developmental disabilities general fund shall be appropriated the	53225
next fiscal year to the same fund.	53226

A county board of mental retardation and developmental	53227
disabilities may request, by resolution, that the board of county	53228
commissioners establish a county mental retardation and	53229
developmental disabilities capital fund for money to be used for	53230
acquisition, construction, or improvement of capital facilities or	53231
acquisition of capital equipment used in providing services to	53232
mentally retarded and developmentally disabled persons. The county	53233
board of mental retardation and developmental disabilities shall	53234
transmit a certified copy of the resolution to the board of county	53235
commissioners. Upon receiving the resolution, the board of county	53236
commissioners shall establish a county mental retardation and	53237
developmental disabilities capital fund.	53238

A county board shall request, by resolution, that the board	53239
of county commissioners establish a county MR/DD medicaid reserve	53240
fund. On receipt of the resolution, the board of county	53241
commissioners shall establish a county MR/DD medicaid reserve	53242
fund. The portion of federal revenue funds that the county board	53243
earns for providing ~~habilitation center services,~~ medicaid case	53244
management services, and home and community-based services that is	53245
needed for the county board to pay for extraordinary costs,	53246
including extraordinary costs for services to individuals with	53247
mental retardation or other developmental disability, and ensure	53248
the availability of adequate funds in the event a county property	53249
tax levy for services for individuals with mental retardation or	53250
other developmental disability fails shall be deposited into the	53251
fund. The county board shall use money in the fund for those	53252
purposes in accordance with rules adopted under section 5123.0413	53253
of the Revised Code.	53254

Sec. 5705.214. Not more than three elections during any	53255
calendar year shall include the questions by a school district of	53256
tax levies proposed under any one or any combination of the	53257
following sections: sections 5705.194, 5705.21, 5705.212,	53258
5705.213, 5705.217, ~~and~~ 5705.218,and5705.219 of the Revised	53259
Code.	53260

Sec. 5705.219. (A)(1) The board of education of a city,	53261
local, or exempted village school district may adopt a resolution,	53262
by a vote of two-thirds of all of the members of the board,	53263
proposing to levy an additional tax within the one per cent	53264
limitation for one of the purposes specified under division (A) or	53265
(F) of section 5705.19 of the Revised Code or for the purpose of	53266
general, ongoing permanent improvements. A board of education	53267
shall not propose to levy a tax pursuant to this section at a rate	53268
that, when added to the rates of any other taxes levied pursuant	53269
to this section, would cause the aggregate rate of such taxes for	53270
any tax year to exceed eight mills per dollar of the taxable value	53271
of taxable property in the school district. A resolution adopted	53272
under this section may propose to renew an existing tax imposed	53273
pursuant to this section for the same purpose, or may propose, as	53274
a single question, to authorize a tax under this paragraph to	53275
replace one or more existing taxes being levied for the same	53276
purpose in excess of the ten-mill limitation pursuant to section	53277
5705.21 of the Revised Code. For the purposes of sections 133.01,	53278
319.301, 5705.02, 5705.04, 5705.06, 5705.07, 5705.29, 5705.31,	53279
5705.34, 5705.51, and any other section of the Revised Code	53280
respecting the classification of tax levies according to	53281
limitations on the rate, a tax authorized pursuant to this section	53282
is in excess of the ten-mill limitation but is not in excess of	53283
the one per cent limitation imposed by Section 2 of Article XII,	53284
Ohio Constitution.	53285

(2) The board shall specify in the resolution that the taxes	53286
charged and payable against carryover property, as defined in	53287
section 319.301 of the Revised Code, in each of the classes of	53288
real property classified under section 5713.041 of the Revised	53289
Code shall not increase from one year to the next year by more	53290
than a percentage specified in the resolution, which shall be not	53291
more than four per cent. The percentage shall be the same for each	53292
class of real property.	53293

(3) The resolution shall be confined to a single purpose and	53294
shall specify the amount of the increase in rate, the purpose of	53295
the increase, the percentage specified under division (A)(2) of	53296
this section, and the number of years during which the increase	53297
shall be in effect. The number of years may be any number not	53298
exceeding seven. If the resolution proposes to levy a tax to	53299
replace one or more existing taxes, the resolution also shall	53300
specify the rate of each existing tax proposed to be replaced. A	53301
tax levied to replace one or more existing taxes shall not be	53302
levied on the current tax lists and duplicates but shall first be	53303
levied on the tax lists and duplicates for the tax year succeeding	53304
the date of the election at which the tax is approved. The	53305
existing taxes proposed to be replaced shall be repealed effective	53306
on the first day of January next succeeding the election. The	53307
resolution shall specify the date for holding the election, which	53308
shall not be earlier than seventy-five days after the adoption and	53309
certification of such resolution and which shall be consistent	53310
with the requirements of section 3501.01 of the Revised Code.	53311

(4) The resolution shall go into immediate effect upon its	53312
passage, and no publication of the resolution shall be necessary	53313
other than that provided for in the notice of election.	53314
Publication of notice of the election shall be made in one or more	53315
newspapers of general circulation in the county once a week for	53316
four consecutive weeks.	53317

(B) A copy of a resolution adopted under division (A) of this	53318
section shall be certified by the board of education to the board	53319
of elections of the proper county not less than seventy-five days	53320
before the election specified in the resolution, and the board of	53321
elections shall submit the proposal to the electors of the school	53322
district at that election. The board of elections shall make the	53323
necessary arrangements for the submission of the question to the	53324
electors of the school district, and the election shall be	53325
conducted, canvassed, and certified in the same manner as regular	53326
elections in the school district for the election of officers.	53327
Notice of the election shall be published in a newspaper of	53328
general circulation in the school district once a week for four	53329
consecutive weeks prior to the election, stating the purpose, the	53330
proposed increase in rate, expressed in dollars and cents for each	53331
one hundred dollars of valuation as well as in mills for each one	53332
dollar of valuation, the number of years during which such	53333
increase will be in effect, and the time and place of the	53334
election. The notice also shall include the following statement,	53335
or a statement of substantially similar meaning: "if the levy is	53336
approved by the electors, the total amount of taxes charged by the	53337
levy against real property in the school district will not	53338
increase by more than ....... (here insert the percentage	53339
specified pursuant to division (A)(2) of this section) each year,	53340
except for increases arising from real property newly added to the	53341
school district tax lists."	53342

The form of the ballots cast at an election held pursuant to	53343
this section shall be as follows:	53344

"A tax for the benefit of ............... (name of school	53345
district) for the purpose of .......... (purpose stated in the	53346
resolution) at a rate not exceeding ....... mills for each one	53347
dollar of valuation, which amounts to ........ (rate expressed in	53348
dollars and cents) for each one hundred dollars of valuation, for	53349
.......... (number of years the levy is to run). If the levy is	53350
approved by the electors, the total amount of taxes charged by the	53351
levy against real property in the school district will not	53352
increase by more than ....... (here insert the percentage	53353
specified pursuant to division (A)(2) of this section) each year,	53354
except for increases arising from real property newly added to the	53355
school district tax lists.	53356

		For the tax levy			53357
		Against the tax levy	"		53358

If the question submitted is a proposal to renew an existing	53359
levy imposed pursuant to this section, the form of the ballot	53360
specified in this division shall be changed by substituting for	53361
the words "A tax" at the beginning of the form the words "A	53362
renewal of a tax." If the question submitted is a proposal to	53363
replace one or more existing taxes, the form of the ballot shall	53364
be changed by adding at the end of the first sentence "to replace	53365
an existing tax currently authorized to be levied at a rate of	53366
...... mills for each one dollar of valuation." If more than one	53367
existing tax is proposed to be replaced, the form shall be	53368
modified accordingly, indicating the rate at which each existing	53369
tax is authorized to be levied.	53370

The question covered by the resolution shall be submitted as	53371
a separate proposition but may be printed on the same ballot with	53372
any other proposition submitted at the same election, other than	53373
the election of officers.	53374

If a majority of electors voting on the question vote in	53375
favor of the tax, the result of the election shall be certified to	53376
the tax commissioner. In the first year of the levy, it shall be	53377
extended on the tax lists after the February settlement next	53378
succeeding the election. If the tax is to be placed upon the tax	53379
list of the current year, as specified in the resolution providing	53380
for its submission, the result of the election shall be certified	53381
immediately after the canvass by the board of elections to the	53382
board of education, which shall forthwith make the necessary levy	53383
and certify it to the county auditor, who shall extend it on the	53384
tax lists for collection. After the first year, the tax levy shall	53385
be included in the annual tax budget that is certified to the	53386
county budget commission.	53387

If a majority of the electors voting on the question vote in	53388
favor of the levy, the board of education may forthwith make the	53389
necessary levy within the school district at the additional rate,	53390
or at any lesser rate, for the purpose stated in the resolution.	53391
The levy shall be included in the next tax budget that is	53392
certified to the county budget commission.	53393

(C)(1) After the approval of a levy on the current tax list	53394
and duplicate for current expenses and before the first tax	53395
collection from such levy can be made, the board of education may	53396
anticipate a fraction of the proceeds of the levy and issue	53397
anticipation notes in a principal amount not exceeding fifty per	53398
cent of the total estimated proceeds of the levy to be collected	53399
during the first year of the levy.	53400

(2) After the approval of a levy for permanent improvements	53401
or for general, ongoing permanent improvements, the board of	53402
education may anticipate a fraction of the proceeds of the levy	53403
and issue anticipation notes in a principal amount not exceeding	53404
fifty per cent of the total estimated proceeds of the levy	53405
remaining to be collected in each year over a period of five years	53406
after the year in which the notes are issued.	53407

(3) The notes shall be issued as provided in section 133.24	53408
of the Revised Code, shall have principal payments during each	53409
year after the year of their issuance over a period not to exceed	53410
five years, and may have a principal payment in the year of their	53411
issuance.	53412

Sec. 5705.29. This section does not apply to a subdivision or	53413
taxing unit for which the county budget commission has waived the	53414
requirement to adopt a tax budget pursuant to section 5705.281 of	53415
the Revised Code. The tax budget shall present the following	53416
information in such detail as is prescribed by the auditor of	53417
state:	53418

(A)(1) A statement of the necessary current operating	53419
expenses for the ensuing fiscal year for each department and	53420
division of the subdivision, classified as to personal services	53421
and other expenses, and the fund from which such expenditures are	53422
to be made. Except in the case of a school district, this estimate	53423
may include a contingent expense not designated for any particular	53424
purpose, and not to exceed three per cent of the total amount of	53425
appropriations for current expenses. In the case of a school	53426
district, this estimate may include a contingent expense not	53427
designated for any particular purpose and not to exceed thirteen	53428
per cent of the total amount of appropriations for current	53429
expenses.	53430

(2) A statement of the expenditures for the ensuing fiscal	53431
year necessary for permanent improvements, exclusive of any	53432
expense to be paid from bond issues, classified as to the	53433
improvements contemplated by the subdivision and the fund from	53434
which such expenditures are to be made;	53435

(3) The amounts required for the payment of final judgments;

53436

(4) A statement of expenditures for the ensuing fiscal year	53437
necessary for any purpose for which a special levy is authorized,	53438
and the fund from which such expenditures are to be made;	53439

(5) Comparative statements, so far as possible, in parallel	53440
columns of corresponding items of expenditures for the current	53441
fiscal year and the two preceding fiscal years.	53442

(B)(1) An estimate of receipts from other sources than the	53443
general property tax during the ensuing fiscal year, which shall	53444
include an estimate of unencumbered balances at the end of the	53445
current fiscal year, and the funds to which such estimated	53446
receipts are credited;	53447

(2) The amount each fund requires from the general property	53448
tax, which shall be the difference between the contemplated	53449
expenditure from the fund and the estimated receipts, as provided	53450
in this section. The section of the Revised Code under which the	53451
tax is authorized shall be set forth.	53452

(3) Comparative statements, so far as possible, in parallel	53453
columns of taxes and other revenues for the current fiscal year	53454
and the two preceding fiscal years.	53455

(C)(1) The amount required for debt charges;

53456

(2) The estimated receipts from sources other than the tax	53457
levy for payment of such debt charges, including the proceeds of	53458
refunding bonds to be issued to refund bonds maturing in the next	53459
succeeding fiscal year;	53460

(3) The net amount for which a tax levy shall be made,	53461
classified as to bonds authorized and issued prior to January 1,	53462
1922, and those authorized and issued subsequent to such date, and	53463
as to what portion of the levy will be within and what in excess	53464
of the ten-mill limitation.	53465

(D) An estimate of amounts from taxes authorized to be levied	53466
in excess of the ten-mill limitation on the tax rate, and the fund	53467
to which such amounts will be credited, together with the sections	53468
of the Revised Code under which each such tax is exempted from all	53469
limitations on the tax rate.	53470

(E)(1) A board of education may include in its budget for the	53471
fiscal year in which a levy proposed under section 5705.219,	53472
5705.194, 5705.21, or 5705.213, or the original levy under section	53473
5705.212 of the Revised Code is first extended on the tax list and	53474
duplicate an estimate of expenditures to be known as a voluntary	53475
contingency reserve balance, which shall not be greater than	53476
twenty-five per cent of the total amount of the levy estimated to	53477
be available for appropriation in such year.	53478

(2) A board of education may include in its budget for the	53479
fiscal year following the year in which a levy proposed under	53480
section 5705.219, 5705.194, 5705.21, or 5705.213, or the original	53481
levy under section 5705.212 of the Revised Code is first extended	53482
on the tax list and duplicate an estimate of expenditures to be	53483
known as a voluntary contingency reserve balance, which shall not	53484
be greater than twenty per cent of the amount of the levy	53485
estimated to be available for appropriation in such year.	53486

(3) Except as provided in division (E)(4) of this section,	53487
the full amount of any reserve balance the board includes in its	53488
budget shall be retained by the county auditor and county	53489
treasurer out of the first semiannual settlement of taxes until	53490
the beginning of the next succeeding fiscal year, and thereupon,	53491
with the depository interest apportioned thereto, it shall be	53492
turned over to the board of education, to be used for the purposes	53493
of such fiscal year.	53494

(4) A board of education, by a two-thirds vote of all members	53495
of the board, may appropriate any amount withheld as a voluntary	53496
contingency reserve balance during the fiscal year for any lawful	53497
purpose, provided that prior to such appropriation the board of	53498
education has authorized the expenditure of all amounts	53499
appropriated for contingencies under section 5705.40 of the	53500
Revised Code. Upon request by the board of education, the county	53501
auditor shall draw a warrant on the district's account in the	53502
county treasury payable to the district in the amount requested.	53503

(F)(1) A board of education may include a spending reserve in	53504
its budget for fiscal years ending on or before June 30, 2002. The	53505
spending reserve shall consist of an estimate of expenditures not	53506
to exceed the district's spending reserve balance. A district's	53507
spending reserve balance is the amount by which the designated	53508
percentage of the district's estimated personal property taxes to	53509
be settled during the calendar year in which the fiscal year ends	53510
exceeds the estimated amount of personal property taxes to be so	53511
settled and received by the district during that fiscal year.	53512
Moneys from a spending reserve shall be appropriated in accordance	53513
with section 133.301 of the Revised Code.	53514

(2) For the purposes of computing a school district's	53515
spending reserve balance for a fiscal year, the designated	53516
percentage shall be as follows:	53517

Fiscal year ending in:	Designated percentage	53518
1998	50%	53519
1999	40%	53520
2000	30%	53521
2001	20%	53522
2002	10%	53523

(G) Except as otherwise provided in this division, the county	53524
budget commission shall not reduce the taxing authority of a	53525
subdivision as a result of the creation of a reserve balance	53526
account. Except as otherwise provided in this division, the county	53527
budget commission shall not consider the amount in a reserve	53528
balance account of a township, county, or municipal corporation as	53529
an unencumbered balance or as revenue for the purposes of division	53530
(E)(3) or (4) of section 5747.51 or division (E)(3) or (4) of	53531
section 5747.62 of the Revised Code. The county budget commission	53532
may require documentation of the reasonableness of the reserve	53533
balance held in any reserve balance account. The commission shall	53534
consider any amount in a reserve balance account that it	53535
determines to be unreasonable as unencumbered and as revenue for	53536
the purposes of sections 5747.51 and 5747.62 of the Revised Code	53537
and may take such amounts into consideration when determining	53538
whether to reduce the taxing authority of a subdivision.	53539

Sec. 5705.391. ~~(A) A board of education shall adopt as part~~	53540
~~of its annual appropriation measure a spending plan or in the case~~	53541
~~of an amendment or supplement to an appropriation measure, an~~	53542
~~amended spending plan, setting forth a schedule of expenses and~~	53543
~~expenditures of all appropriated funds by the school district for~~	53544
~~the fiscal year. A copy of the annual appropriation measure and~~	53545
~~any amendment or supplement to it and the spending plan or amended~~	53546
~~plan shall be submitted to the superintendent of public~~	53547
~~instruction and shall set forth all revenues available for~~	53548
~~appropriation by the district during the fiscal year and their~~	53549
~~sources; the nature and amount of expenses to be incurred by the~~	53550
~~district during such year, the outstanding and unpaid expenses on~~	53551
~~the date the appropriation measure, amendment, or supplement is~~	53552
~~adopted; the date or dates by which such expenses must be paid;~~	53553
~~and such other information as the superintendent requires to~~	53554
~~enable the superintendent to determine whether during such year~~	53555
~~the district will incur any expenses that will impair its ability~~	53556
~~to operate its schools with the revenue available to it from~~	53557
~~existing revenue sources. The plan or amended plan shall be~~	53558
~~presented in such detail and form as the superintendent~~	53559
~~prescribes.~~	53560

~~(B)~~(A) No later than July 1, 1998, the department of	53561
education and the auditor of state shall jointly adopt rules	53562
requiring ~~school districts to include~~boards of education to	53563
submit five-year projections of operational revenues and	53564
expenditures ~~in the spending plan required by this section~~. The	53565
rules shall provide for the auditor of state or the department to	53566
examine the five-year projections and to determine whether any	53567
further fiscal analysis is needed to ascertain whether a district	53568
has the potential to incur a deficit during the first three years	53569
of the five-year period.	53570

The auditor of state or the department may conduct any	53571
further audits or analyses necessary to assess any district's	53572
fiscal condition. If further audits or analyses are conducted by	53573
the auditor of state, the auditor of state shall notify the	53574
department of the district's fiscal condition, and the department	53575
shall immediately notify the district of any potential to incur a	53576
deficit in the current fiscal year or of any strong indications	53577
that a deficit will be incurred in either of the ensuing two	53578
years. If such audits or analyses are conducted by the department,	53579
the department shall immediately notify the district and the	53580
auditor of state of such potential deficit or strong indications	53581
thereof.	53582

A district notified under this section shall take immediate	53583
steps to eliminate any deficit in the current fiscal year and	53584
shall begin to plan to avoid the projected future deficits.	53585

~~(C)~~(B) The state board of education, in accordance with	53586
sections 3319.31 and 3319.311 of the Revised Code, may limit,	53587
suspend, or revoke a license as defined under section 3319.31 of	53588
the Revised Code that has been issued to any school employee found	53589
to have willfully contributed erroneous, inaccurate, or incomplete	53590
data required for the submission of the ~~appropriation measure and~~	53591
~~spending plan~~five-year projection required by this section.	53592

Sec. 5705.392. A board of county commissioners may adopt as	53593
a part of its annual appropriation ~~measure~~resolution a spending	53594
plan, or in the case of an amended appropriation ~~measure~~	53595
resolution, an amended spending plan, setting forth a quarterly	53596
schedule of expenses and expenditures of ~~all~~any appropriations	53597
for the fiscal year from ~~the~~any county ~~general~~ fund. The spending	53598
plan or amended spending plan shall be classified to set forth	53599
separately a quarterly schedule of expenses and expenditures for	53600
~~each~~any office, department, and division, and, within each, the	53601
amount appropriated for personal services. Each office,	53602
department, and division for which a spending plan or amended	53603
spending plan is adopted shall be limited in its expenses and	53604
expenditures of moneys appropriated from the ~~general~~applicable	53605
fund during any quarter by the schedule established in the	53606
spending plan or amended spending plan. The schedule established	53607
in the spending plan or amended spending plan shall serve as a	53608
limitation during a quarter on ~~the making of~~entering into	53609
contracts and giving of orders involving the expenditure of money	53610
during that quarter for purposes of division (D) of section	53611
5705.41 of the Revised Code.	53612

The board of county commissioners shall give to each office,	53613
department, or division for which it intends to provide a spending	53614
plan or amended spending plan written notice at least thirty days	53615
before the adoption of the appropriation resolution or amended	53616
appropriation resolution. The notice shall be sent by regular	53617
first class mail or given by personal service, and shall include a	53618
copy of the proposed spending plan or amended spending plan. The	53619
office, department, or division may meet with the board at any	53620
regular session of the board to comment on the notice, express	53621
concerns, or ask questions about the proposed spending plan or	53622
amended spending plan.	53623

Sec. 5707.031. (A) As used in this section, "tax otherwise	53624
due" means the tax imposed on a dealer in intangibles under	53625
section 5707.03 and Chapter 5725. of the Revised Code reduced by	53626
the total amount of all other nonrefundable credits, if any, that	53627
the dealer in intangibles is entitled to claim.	53628

(B) Upon the issuance of a tax credit certificate by the Ohio	53629
venture capital authority under section 150.07 of the Revised	53630
Code, a credit may be claimed against the tax imposed on a dealer	53631
in intangibles under section 5707.03 and Chapter 5725. of the	53632
Revised Code. The credit shall be claimed in the calendar year	53633
specified in the certificate issued by the authority.	53634

(C) If the dealer in intangibles elected a refundable credit	53635
under section 150.07 of the Revised Code and if the amount of the	53636
credit shown on the certificate does not exceed the tax otherwise	53637
due, then for the calendar year the dealer in intangibles shall	53638
claim a refundable credit equal to the amount of the credit shown	53639
on the certificate.	53640

(D) If the dealer in intangibles elected a refundable credit	53641
under section 150.07 of the Revised Code, and if the amount of the	53642
refundable credit shown on the certificate exceeds the tax	53643
otherwise due, then for the calendar year the dealer in	53644
intangibles shall claim a refundable credit equal to the sum of	53645
the following:	53646

(1) The amount, if any, of the tax otherwise due;

53647

(2) Seventy-five per cent of the difference between the	53648
amount of the refundable credit shown on the certificate and the	53649
tax otherwise due.	53650

(E) If the dealer in intangibles elected a nonrefundable	53651
credit under section 150.07 of the Revised Code and if the	53652
nonrefundable credit to which the dealer in intangibles would	53653
otherwise be entitled under this section for any calendar year is	53654
greater than the tax otherwise due, the excess shall be allowed as	53655
a nonrefundable credit in each of the ensuing ten calendar years,	53656
but the amount of any excess nonrefundable credit allowed in the	53657
ensuing calendar year shall be deducted from the balance carried	53658
forward to the next calendar year.	53659

Sec. 5709.07. (A) The following property shall be exempt	53660
from taxation:	53661

(1) Public schoolhouses, the books and furniture in them, and	53662
the ground attached to them necessary for the proper occupancy,	53663
use, and enjoyment of the schoolhouses, and not leased or	53664
otherwise used with a view to profit;	53665

(2) Houses used exclusively for public worship, the books and	53666
furniture in them, and the ground attached to them that is not	53667
leased or otherwise used with a view to profit and that is	53668
necessary for their proper occupancy, use, and enjoyment;	53669

(3) Real property owned and operated by a church that is used	53670
primarily for church retreats or church camping, and that is not	53671
used as a permanent residence. Real property exempted under	53672
division (A)(3) of this section may be made available by the	53673
church on a limited basis to charitable and educational	53674
institutions if the property is not leased or otherwise made	53675
available with a view to profit.	53676

(4) Public colleges and academies and all buildings connected	53677
with them, and all lands connected with public institutions of	53678
learning, not used with a view to profit, including those	53679
buildings and lands that satisfy all of the following:	53680

(a) The buildings are used for housing or housing-related	53681
facilities for full-time students, faculty, or employees of a	53682
state university, or for other purposes related to the state	53683
university's educational purpose, and the lands are used for	53684
common space, walkways, and green spaces for the state	53685
university's students, faculty, or employees. As used in this	53686
division, "housing-related facilities" includes parking facilities	53687
related to the buildings and common buildings made available to	53688
students, faculty, or employees of a state university. The leasing	53689
of housing to full-time students of the state university is not	53690
used with a view to profit under this division.	53691

(b) The buildings and lands are supervised or otherwise under	53692
the control, directly or indirectly, of an organization that is	53693
exempt from federal income taxation under section 501(c)(3) of the	53694
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as	53695
amended, and the state university has entered into a joint	53696
agreement with the organization that entitles the students,	53697
faculty, or employees of the state university to use the lands or	53698
buildings;	53699

(c) The state university has agreed, under the terms of the	53700
joint agreement with the organization described in division	53701
(A)(4)(b) of this section, that the state university, to the	53702
extent applicable under the agreement, will make payments to the	53703
organization in amounts sufficient to maintain agreed-upon debt	53704
service coverage ratios on bonds related to the lands or	53705
buildings.	53706

(B) ~~This~~Except as provided in division (A)(4) of this	53707
section, this section shall not extend to leasehold estates or	53708
real property held under the authority of a college or university	53709
of learning in this state; but leaseholds, or other estates or	53710
property, real or personal, the rents, issues, profits, and income	53711
of which is given to a municipal corporation, school district, or	53712
subdistrict in this state exclusively for the use, endowment, or	53713
support of schools for the free education of youth without charge	53714
shall be exempt from taxation as long as such property, or the	53715
rents, issues, profits, or income of the property is used and	53716
exclusively applied for the support of free education by such	53717
municipal corporation, district, or subdistrict.	53718

53719

(1) "Church" means a fellowship of believers, congregation,	53720
society, corporation, convention, or association that is formed	53721
primarily or exclusively for religious purposes and that is not	53722
formed for the private profit of any person.	53723

(2) "State university" has the same meaning as in section	53724
3345.011 of the Revised Code.	53725

Sec. 5709.40. (A) As used in this section:

53726

(1) "Blighted area" and "impacted city" have the same	53727
meanings as in section 1728.01 of the Revised Code.	53728

(2) "Business day" means a day of the week excluding	53729
Saturday, Sunday, and a legal holiday as defined under section	53730
1.14 of the Revised Code.	53731

(3) "Housing renovation" means a project carried out for	53732
residential purposes.	53733

(4) "Improvement" means the increase in the assessed value of	53734
any real property that would first appear on the tax list and	53735
duplicate of real and public utility property after the effective	53736
date of an ordinance adopted under this section were it not for	53737
the exemption granted by that ordinance. ~~"Improvement" does not~~	53738
~~include a public infrastructure improvement.~~	53739

(5) "Incentive district" means an area not more than three	53740
hundred acres in size enclosed by a continuous boundary and having	53741
one or more of the following distress characteristics:	53742

(a) At least fifty-one per cent of the residents of the	53743
district have incomes of less than eighty per cent of the median	53744
income of residents of the political subdivision in which the	53745
district is located, as determined in the same manner specified	53746
under section 119(b) of the "Housing and Community Development Act	53747
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;	53748

(b) The average rate of unemployment in the district during	53749
the most recent twelve-month period for which data are available	53750
is equal to at least one hundred fifty per cent of the average	53751
rate of unemployment for this state for the same period.	53752

(c) At least twenty per cent of the people residing in the	53753
district live at or below the poverty level as defined in the	53754
federal Housing and Community Development Act of 1974, 42 U.S.C.	53755
5301, as amended, and regulations adopted pursuant to that act.	53756

(d) The district is a blighted area.

53757

(e) The district is in a situational distress area as	53758
designated by the director of development under division (F) of	53759
section 122.23 of the Revised Code.	53760

(f) As certified by the engineer for the political	53761
subdivision, the public infrastructure serving the district is	53762
inadequate to meet the development needs of the district as	53763
evidenced by a written economic development plan or urban renewal	53764
plan for the district that has been adopted by the legislative	53765
authority of the subdivision.	53766

(g) The district is comprised entirely of unimproved land	53767
that is located in a distressed area as defined in section 122.23	53768
of the Revised Code.	53769

(6) "Project" means development activities undertaken on one	53770
or more parcels, including, but not limited to, construction,	53771
expansion, and alteration of buildings or structures, demolition,	53772
remediation, and site development, and any building or structure	53773
that results from those activities.	53774

(7) "Public infrastructure improvement" includes, but is not	53775
limited to, public roads and highways; water and sewer lines;	53776
environmental remediation; land acquisition, including acquisition	53777
in aid of industry, commerce, distribution, or research;	53778
demolition, including demolition on private property when	53779
determined to be necessary for economic development purposes;	53780
stormwater and flood remediation projects, including such projects	53781
on private property when determined to be necessary for public	53782
health, safety, and welfare; the provision of gas, electric, and	53783
communications service facilities; and the enhancement of public	53784
waterways through improvements that allow for greater public	53785
access.	53786

(B) The legislative authority of a municipal corporation, by	53787
ordinance, may declare improvements to certain parcels of real	53788
property located in the municipal corporation to be a public	53789
purpose. Improvements with respect to a parcel that is used or to	53790
be used for residential purposes may be declared a public purpose	53791
under this division only if the parcel is located in a blighted	53792
area of an impacted city. Except as otherwise provided in division	53793
(D) of this section, not more than seventy-five per cent of an	53794
improvement thus declared to be a public purpose may be exempted	53795
from real property taxation~~; the percentage exempted shall not,~~	53796
~~except as otherwise provided in that division, exceed the~~	53797
~~estimated percentage of the incremental demand placed on the~~	53798
~~public infrastructure improvements that is directly attributable~~	53799
~~to the exempted improvement~~. The ordinance shall specify the	53800
percentage of the improvement to be exempted from taxation.	53801

An ordinance adopted or amended under this division shall	53802
designate the specific public infrastructure improvements made, to	53803
be made, or in the process of being made by the municipal	53804
corporation that directly benefit, or that once made will directly	53805
benefit, the parcels for which improvements are declared to be a	53806
public purpose. ~~For the purposes of this division, a public~~	53807
~~infrastructure improvement directly benefits such a parcel only if~~	53808
~~a project on the parcel places direct, additional demand on the~~	53809
~~public infrastructure improvement or, if the public infrastructure~~	53810
~~improvement has not yet been completed, will place direct,~~	53811
~~additional demand on the public infrastructure improvement once it~~	53812
~~is completed.~~ The service payments provided for in section 5709.42	53813
of the Revised Code shall be used to finance the public	53814
infrastructure improvements designated in the ordinance or for the	53815
purpose described in division (D)(1) of this section.	53816

(C) The legislative authority of a municipal corporation may	53817
adopt an ordinance creating an incentive district and declaring	53818
improvements to parcels within the district to be a public purpose	53819
and exempt from taxation as provided in this section. The	53820
ordinance shall delineate the boundary of the district and	53821
specifically identify each parcel within the district. A district	53822
may not include any parcel that is or has been exempted from	53823
taxation under division (B) of this section or that is or has been	53824
within another district created under this division. An ordinance	53825
may create more than one such district, and more than one	53826
ordinance may be adopted under this division.	53827

Not later than thirty days prior to adopting an ordinance	53828
under this division, if the municipal corporation intends to apply	53829
for exemptions from taxation under section 5709.911 of the Revised	53830
Code on behalf of owners of real property located within the	53831
proposed incentive district, the legislative authority of a	53832
municipal corporation shall conduct a public hearing on the	53833
proposed ordinance. Not later than thirty days prior to the public	53834
hearing, the legislative authority shall give notice of the public	53835
hearing and the proposed ordinance by first class mail to every	53836
real property owner whose property is located within the	53837
boundaries of the proposed incentive district that is the subject	53838
of the proposed ordinance.	53839

An ordinance adopted under this division shall specify the	53840
life of the district and the percentage of the improvements to be	53841
exempted and shall designate the public infrastructure	53842
improvements made or to be made that benefit or serve parcels in	53843
the district. The service payments provided for in section 5709.42	53844
of the Revised Code shall be used to finance the designated public	53845
infrastructure improvements or for the purpose described in	53846
division (D)(1) of this section.	53847

An ordinance adopted under this division may authorize the	53848
use of service payments provided for in section 5709.42 of the	53849
Revised Code for the purpose of housing renovations within the	53850
district, provided that the ordinance also designates public	53851
infrastructure improvements that benefit or serve the district,	53852
and that a project within the district places real property in use	53853
for commercial or industrial purposes. Service payments may be	53854
used to finance or support loans, deferred loans, and grants to	53855
persons for the purpose of housing renovations within the	53856
district. The ordinance shall designate the parcels within the	53857
district that are eligible for housing renovation. The ordinance	53858
shall state separately the amounts or the percentages of the	53859
expected aggregate service payments that are designated for each	53860
public infrastructure improvement and for the general purpose of	53861
housing renovations.	53862

Except with the approval of the board of education of each	53863
city, local, or exempted village school district within the	53864
territory of which the district is or will be located, the life of	53865
a district shall not exceed ten years, and the percentage of	53866
improvements to be exempted shall not exceed seventy-five per	53867
cent. With such approval, the life of a district may be not more	53868
than thirty years, and the percentage of improvements to be	53869
exempted may be not more than one hundred per cent.	53870

Approval of a board of education shall be obtained in the	53871
manner provided in division (D) of this section for exemptions	53872
under division (B) of this section, except that the notice to the	53873
board of education shall delineate the boundaries of the district,	53874
specifically identify each parcel within the district, identify	53875
each anticipated improvement in the district, provide an estimate	53876
of the true value in money of each such improvement, specify the	53877
life of the district and the percentage of improvements that would	53878
be exempted, and indicate the date on which the legislative	53879
authority intends to adopt the ordinance.	53880

A municipal corporation shall not adopt an ordinance under	53881
this division after ~~June 30,~~December 31, 2007.	53882

(D)(1) If the ordinance declaring improvements to a parcel to	53883
be a public purpose or creating an incentive district specifies	53884
that payments in lieu of taxes provided for in section 5709.42 of	53885
the Revised Code shall be paid to the city, local, or exempted	53886
village school district in which the parcel is located in the	53887
amount of the taxes that would have been payable to the school	53888
district if the improvements had not been exempted from taxation,	53889
the percentage of the improvement that may be exempted from	53890
taxation may exceed seventy-five per cent, and the exemption may	53891
be granted for up to thirty years, without the approval of the	53892
board of education as otherwise required under division (D)(2) of	53893
this section.	53894

(2) Improvements with respect to a parcel may be exempted	53895
from taxation under division (B) of this section for up to ten	53896
years or, with the approval under this paragraph of the board of	53897
education of the city, local, or exempted village school district	53898
within which the parcel is located, for up to thirty years. The	53899
percentage of the improvement exempted from taxation may, with	53900
such approval, exceed seventy-five per cent, but shall not exceed	53901
one hundred per cent. Not later than forty-five business days	53902
prior to adopting an ordinance under this section declaring	53903
improvements to be a public purpose that is subject to approval by	53904
a board of education under this division, the legislative	53905
authority shall deliver to the board of education a notice stating	53906
its intent to adopt an ordinance making that declaration. The	53907
notice shall identify the parcels for which improvements are to be	53908
exempted from taxation, provide an estimate of the true value in	53909
money of the improvements, specify the period for which the	53910
improvements would be exempted from taxation and the percentage of	53911
the improvement that would be exempted, and indicate the date on	53912
which the legislative authority intends to adopt the ordinance.	53913
The board of education, by resolution adopted by a majority of the	53914
board, may approve the exemption for the period or for the	53915
exemption percentage specified in the notice, may disapprove the	53916
exemption for the number of years in excess of ten, may disapprove	53917
the exemption for the percentage of the improvement to be exempted	53918
in excess of seventy-five per cent, or both, or may approve the	53919
exemption on the condition that the legislative authority and the	53920
board negotiate an agreement providing for compensation to the	53921
school district equal in value to a percentage of the amount of	53922
taxes exempted in the eleventh and subsequent years of the	53923
exemption period or, in the case of exemption percentages in	53924
excess of seventy-five per cent, compensation equal in value to a	53925
percentage of the taxes that would be payable on the portion of	53926
the improvement in excess of seventy-five per cent were that	53927
portion to be subject to taxation, or other mutually agreeable	53928
compensation. The board of education shall certify its resolution	53929
to the legislative authority not later than fourteen days prior to	53930
the date the legislative authority intends to adopt the ordinance	53931
as indicated in the notice. ~~If the board of education approves the~~	53932
~~exemption on the condition that a compensation agreement be~~	53933
~~negotiated, the board in its resolution shall propose a~~	53934
~~compensation percentage.~~ If the board of education and the	53935
legislative authority negotiate a mutually acceptable compensation	53936
agreement, the ordinance may declare the improvements a public	53937
purpose for the number of years specified in the ordinance or, in	53938
the case of exemption percentages in excess of seventy-five per	53939
cent, for the exemption percentage specified in the ordinance. In	53940
either case, if the board and the legislative authority fail to	53941
negotiate a mutually acceptable compensation agreement, the	53942
ordinance may declare the improvements a public purpose for not	53943
more than ten years, but shall not exempt more than seventy-five	53944
per cent of the improvements from taxation~~, or, in the case of an~~	53945
~~ordinance adopted under division (B) of this section, not more~~	53946
~~than the estimated percentage of the incremental demand as~~	53947
~~otherwise prescribed by division (B) of this section if that~~	53948
~~percentage is less than seventy-five per cent~~. If the board fails	53949
to certify a resolution to the legislative authority within the	53950
time prescribed by this division, the legislative authority	53951
thereupon may adopt the ordinance and may declare the improvements	53952
a public purpose for up to thirty years, or, in the case of	53953
exemption percentages proposed in excess of seventy-five per cent,	53954
for the exemption percentage specified in the ordinance. The	53955
legislative authority may adopt the ordinance at any time after	53956
the board of education certifies its resolution approving the	53957
exemption to the legislative authority, or, if the board approves	53958
the exemption on the condition that a mutually acceptable	53959
compensation agreement be negotiated, at any time after the	53960
compensation agreement is agreed to by the board and the	53961
legislative authority.	53962

(3) If a board of education has adopted a resolution waiving	53963
its right to approve exemptions from taxation and the resolution	53964
remains in effect, approval of exemptions by the board is not	53965
required under this division. If a board of education has adopted	53966
a resolution allowing a legislative authority to deliver the	53967
notice required under ~~this~~ division (D)(2) of this section fewer	53968
than forty-five business days prior to the legislative authority's	53969
adoption of the ordinance, the legislative authority shall deliver	53970
the notice to the board not later than the number of days prior to	53971
such adoption as prescribed by the board in its resolution. If a	53972
board of education adopts a resolution waiving its right to	53973
approve agreements or shortening the notification period, the	53974
board shall certify a copy of the resolution to the legislative	53975
authority. If the board of education rescinds such a resolution,	53976
it shall certify notice of the rescission to the legislative	53977
authority.	53978

(4) If the legislative authority is not required by division	53979
(D)(1), (2), or (3) of this section to notify the board of	53980
education of the legislative authority's intent to declare	53981
improvements to be a public purpose, the legislative authority	53982
shall comply with the notice requirements imposed under section	53983
5709.83 of the Revised Code, unless the board has adopted a	53984
resolution under that section waiving its right to receive such a	53985
notice.	53986

(E) An exemption from taxation granted under this section	53987
commences with the tax year ~~in which an improvement first appears~~	53988
~~on the tax list and duplicate of real and public utility property~~	53989
~~and that begins after the effective date of~~specified in the	53990
ordinance. Except as otherwise provided in this division, the	53991
exemption ends on the date specified in the ordinance as the date	53992
the improvement ceases to be a public purpose or the incentive	53993
district expires, or ends on the date on which the public	53994
infrastructure improvements and housing renovations are paid in	53995
full from the municipal public improvement tax increment	53996
equivalent fund established under division (A) of section 5709.43	53997
of the Revised Code, whichever occurs first. The exemption of an	53998
improvement with respect to a parcel may end on a later date, as	53999
specified in the ordinance, if the legislative authority and the	54000
board of education of the city, local, or exempted village school	54001
district within which the parcel is located have entered into a	54002
compensation agreement under section 5709.82 of the Revised Code	54003
with respect to the improvement or district and the board of	54004
education has approved the term of the exemption under division	54005
(D)(2) of this section, but in no case shall the improvement be	54006
exempted from taxation for more than thirty years. Exemptions	54007
shall be claimed and allowed in the same manner as in the case of	54008
other real property exemptions. If an exemption status changes	54009
during a year, the procedure for the apportionment of the taxes	54010
for that year is the same as in the case of other changes in tax	54011
exemption status during the year.	54012

(F) Additional municipal financing of public infrastructure	54013
improvements and housing renovations may be provided by any	54014
methods that the municipal corporation may otherwise use for	54015
financing such improvements. If the municipal corporation issues	54016
bonds or notes to finance the public infrastructure improvements	54017
and housing renovations and pledges money from the municipal	54018
public improvement tax increment equivalent fund to pay the	54019
interest on and principal of the bonds or notes, the bonds or	54020
notes are not subject to Chapter 133. of the Revised Code.	54021

(G) The municipal corporation, not later than fifteen days	54022
after the adoption of an ordinance under this section, shall	54023
submit to the director of development a copy of the ordinance. On	54024
or before the thirty-first day of March of each year, the	54025
municipal corporation shall submit a status report to the director	54026
of development. The report shall indicate, in the manner	54027
prescribed by the director, the progress of the project during	54028
each year that an exemption remains in effect, including a summary	54029
of the receipts from service payments in lieu of taxes;	54030
expenditures of money from the funds created under section 5709.43	54031
of the Revised Code; a description of the public infrastructure	54032
improvements and housing renovations financed with such	54033
expenditures; and a quantitative summary of changes in employment	54034
and private investment resulting from each project.	54035

(H) Nothing in this section shall be construed to prohibit a	54036
legislative authority from declaring to be a public purpose	54037
improvements with respect to more than one parcel.	54038

Sec. 5709.41. (A) As used in this section:

54039

(1) "Business day" means a day of the week excluding	54040
Saturday, Sunday, and a legal holiday as defined under section	54041
1.14 of the Revised Code.	54042

(2) "Improvement" means the increase in assessed value of any	54043
parcel of property subsequent to the acquisition of the parcel by	54044
a municipal corporation engaged in urban redevelopment.	54045

(B) The legislative authority of a municipal corporation, by	54046
ordinance, may declare to be a public purpose any improvement to a	54047
parcel of real property if both of the following apply:	54048

(1) The municipal corporation held fee title to the parcel	54049
prior to the adoption of the ordinance;	54050

(2) The parcel is leased, or the fee of the parcel is	54051
conveyed, to any person either before or after adoption of the	54052
ordinance.	54053

Improvements used or to be used for residential purposes may	54054
be declared a public purpose under this section only if the parcel	54055
is located in a blighted area of an impacted city as those terms	54056
are defined in section 1728.01 of the Revised Code.	54057

(C) Except as otherwise provided in division (C)(1), (2), or	54058
(3) of this section, not more than seventy-five per cent of an	54059
improvement thus declared to be a public purpose may be exempted	54060
from real property taxation. The ordinance shall specify the	54061
percentage of the improvement to be exempted from taxation.	54062

(1) If the ordinance declaring improvements to a parcel to be	54063
a public purpose specifies that payments in lieu of taxes provided	54064
for in section 5709.42 of the Revised Code shall be paid to the	54065
city, local, or exempted village school district in which the	54066
parcel is located in the amount of the taxes that would have been	54067
payable to the school district if the improvements had not been	54068
exempted from taxation, the percentage of the improvement that may	54069
be exempted from taxation may exceed seventy-five per cent, and	54070
the exemption may be granted for up to thirty years, without the	54071
approval of the board of education as otherwise required under	54072
division (C)(2) of this section.	54073

(2) Improvements may be exempted from taxation for up to ten	54074
years or, with the approval of the board of education of the city,	54075
local, or exempted village school district within the territory of	54076
which the improvements are or will be located, for up to thirty	54077
years. The percentage of the improvement exempted from taxation	54078
may, with such approval, exceed seventy-five per cent, but shall	54079
not exceed one hundred per cent. Not later than forty-five	54080
business days prior to adopting an ordinance under this section	54081
that is subject to approval by a board of education under this	54082
division, the legislative authority shall deliver to the board of	54083
education a notice stating its intent to declare improvements to	54084
be a public purpose under this section. The notice shall describe	54085
the parcel and the improvements, provide an estimate of the true	54086
value in money of the improvements, specify the period for which	54087
the improvements would be exempted from taxation and the	54088
percentage of the improvements that would be exempted, and	54089
indicate the date on which the legislative authority intends to	54090
adopt the ordinance. The board of education, by resolution adopted	54091
by a majority of the board, may approve the exemption for the	54092
period or for the exemption percentage specified in the notice,	54093
may disapprove the exemption for the number of years in excess of	54094
ten, may disapprove the exemption for the percentage of the	54095
improvements to be exempted in excess of seventy-five per cent, or	54096
both, or may approve the exemption on the condition that the	54097
legislative authority and the board negotiate an agreement	54098
providing for compensation to the school district equal in value	54099
to a percentage of the amount of taxes exempted in the eleventh	54100
and subsequent years of the exemption period, or, in the case of	54101
exemption percentages in excess of seventy-five per cent,	54102
compensation equal in value to a percentage of the taxes that	54103
would be payable on the portion of the improvement in excess of	54104
seventy-five per cent were that portion to be subject to taxation,	54105
or other mutually agreeable compensation. The board of education	54106
shall certify its resolution to the legislative authority not	54107
later than fourteen days prior to the date the legislative	54108
authority intends to adopt the ordinance as indicated in the	54109
notice. ~~If the board of education approves the exemption on the~~	54110
~~condition that a compensation agreement be negotiated, the board~~	54111
~~in its resolution shall propose a compensation percentage.~~ If the	54112
board of education and the legislative authority negotiate a	54113
mutually acceptable compensation agreement, the ordinance may	54114
declare the improvements a public purpose for the number of years	54115
specified in the ordinance or, in the case of exemption	54116
percentages in excess of seventy-five per cent, for the exemption	54117
percentage specified in the ordinance. In either case, if the	54118
board and the legislative authority fail to negotiate a mutually	54119
acceptable compensation agreement, the ordinance may declare the	54120
improvements a public purpose for not more than ten years, but	54121
shall not exempt more than seventy-five per cent of the	54122
improvements from taxation. If the board fails to certify a	54123
resolution to the legislative authority within the time prescribed	54124
by this division, the legislative authority thereupon may adopt	54125
the ordinance and may declare the improvements a public purpose	54126
for up to thirty years. The legislative authority may adopt the	54127
ordinance at any time after the board of education certifies its	54128
resolution approving the exemption to the legislative authority,	54129
or, if the board approves the exemption on the condition that a	54130
mutually acceptable compensation agreement be negotiated, at any	54131
time after the compensation agreement is agreed to by the board	54132
and the legislative authority.	54133

(3) If a board of education has adopted a resolution waiving	54134
its right to approve exemptions from taxation and the resolution	54135
remains in effect, approval of exemptions by the board is not	54136
required under this division. If a board of education has adopted	54137
a resolution allowing a legislative authority to deliver the	54138
notice required under ~~this~~ division (C)(2) of this section fewer	54139
than forty-five business days prior to the legislative authority's	54140
adoption of the ordinance, the legislative authority shall deliver	54141
the notice to the board not later than the number of days prior to	54142
such adoption as prescribed by the board in its resolution. If a	54143
board of education adopts a resolution waiving its right to	54144
approve exemptions or shortening the notification period, the	54145
board shall certify a copy of the resolution to the legislative	54146
authority. If the board of education rescinds such a resolution,	54147
it shall certify notice of the rescission to the legislative	54148
authority.	54149

(4) If the legislative authority is not required by division	54150
(C)(1), (2), or (3) of this section to notify the board of	54151
education of the legislative authority's intent to declare	54152
improvements to be a public purpose, the legislative authority	54153
shall comply with the notice requirements imposed under section	54154
5709.83 of the Revised Code, unless the board has adopted a	54155
resolution under that section waiving its right to receive such a	54156
notice.	54157

(D) ~~The~~An exemption from taxation granted under this section	54158
commences onwith the tax year specified in the ordinance that	54159
begins after the effective date of the ordinance and ends on the	54160
date specified in the ordinance as the date the improvement ceases	54161
to be a public purpose. The exemption shall be claimed and allowed	54162
in the same or a similar manner as in the case of other real	54163
property exemptions. If an exemption status changes during a tax	54164
year, the procedure for the apportionment of the taxes for that	54165
year is the same as in the case of other changes in tax exemption	54166
status during the year.	54167

(E) A municipal corporation, not later than fifteen days	54168
after the adoption of an ordinance granting a tax exemption under	54169
this section, shall submit to the director of development a copy	54170
of the ordinance. On or before the thirty-first day of March each	54171
year, the municipal corporation shall submit a status report to	54172
the director of development outlining the progress of the project	54173
during each year that the exemption remains in effect.	54174

Sec. 5709.73. (A) As used in this section and section	54175
5709.74 of the Revised Code:	54176

(1) "Business day" means a day of the week excluding	54177
Saturday, Sunday, and a legal holiday as defined in section 1.14	54178
of the Revised Code.	54179

(2) "Further improvements" or "improvements" means the	54180
increase in the ~~true~~assessed value of real property that would	54181
first appear on the tax list and duplicate of real and public	54182
utility property after the effective date of a resolution adopted	54183
under this section were it not for the exemption granted by that	54184
resolution. For purposes of division (B) of this section,	54185
"improvements" do not include any property used or to be used for	54186
residential purposes.	54187

(3) "Housing renovation" means a project carried out for	54188
residential purposes.	54189

(4) "Incentive district" has the same meaning as in section	54190
5709.40 of the Revised Code, except that a blighted area is in the	54191
unincorporated area of a township.	54192

(5) "Project" and "public infrastructure improvement" have	54193
the same meanings as in section 5709.40 of the Revised Code.	54194

(B) A board of township trustees may, by unanimous vote,	54195
adopt a resolution that declares to be a public purpose any public	54196
infrastructure improvements made that are necessary for the	54197
development of certain parcels of land located in the	54198
unincorporated area of the township. Except as otherwise provided	54199
in division (D) of this section, the resolution may exempt from	54200
real property taxation not more than seventy-five per cent of	54201
further improvements to a parcel of land which directly benefits	54202
from such public infrastructure improvements~~; the percentage~~	54203
~~exempted shall not, except as otherwise provided in division (D)~~	54204
~~of this section, exceed the estimated percentage of the~~	54205
~~incremental demand placed on the public infrastructure~~	54206
~~improvements that is directly attributable to the exempted~~	54207
~~improvement. For the purposes of this division, a public~~	54208
~~infrastructure improvement directly benefits a parcel of land only~~	54209
~~if a project on the parcel places direct, additional demand on the~~	54210
~~public infrastructure improvement, or, if the public~~	54211
~~infrastructure improvement has not yet been constructed, will~~	54212
~~place direct, additional demand on the public infrastructure~~	54213
~~improvement when completed~~. The resolution shall specify the	54214
percentage of the further improvements to be exempted.	54215

(C) A board of township trustees may adopt, by unanimous	54216
vote, a resolution creating an incentive district and declaring	54217
improvements to parcels within the district to be a public purpose	54218
and exempt from taxation as provided in this section. The district	54219
shall be located within the unincorporated area of the township	54220
and shall not include any territory that is included within a	54221
district created under division (B) of section 5709.78 of the	54222
Revised Code. The resolution shall delineate the boundary of the	54223
district and specifically identify each parcel within the	54224
district. A district may not include any parcel that is or has	54225
been exempted from taxation under division (B) of this section or	54226
that is or has been within another district created under this	54227
division. A resolution may create more than one such district, and	54228
more than one resolution may be adopted under this division.	54229

Not later than thirty days prior to adopting a resolution	54230
under this division, if the township intends to apply for	54231
exemptions from taxation under section 5709.911 of the Revised	54232
Code on behalf of owners of real property located within the	54233
proposed incentive district, the board shall conduct a public	54234
hearing on the proposed resolution. Not later than thirty days	54235
prior to the public hearing, the board shall give notice of the	54236
public hearing and the proposed resolution by first class mail to	54237
every real property owner whose property is located within the	54238
boundaries of the proposed incentive district that is the subject	54239
of the proposed resolution.	54240

A resolution under this division shall specify the life of	54241
the district and the percentage of the improvements to be exempted	54242
and shall designate the public infrastructure improvements made or	54243
to be made that benefit or serve parcels in the district.	54244

A resolution adopted under this division may authorize the	54245
use of service payments provided for in section 5709.74 of the	54246
Revised Code for the purpose of housing renovations within the	54247
district, provided that the resolution also designates public	54248
infrastructure improvements that benefit or serve the district,	54249
and that a project within the district places real property in use	54250
for commercial or industrial purposes. Service payments may be	54251
used to finance or support loans, deferred loans, and grants to	54252
persons for the purpose of housing renovations within the	54253
district. The resolution shall designate the parcels within the	54254
district that are eligible for housing renovations. The resolution	54255
shall state separately the amount or the percentages of the	54256
expected aggregate service payments that are designated for each	54257
public infrastructure improvement and for the purpose of housing	54258
renovations.	54259

Except with the approval of the board of education of each	54260
city, local, or exempted village school district within the	54261
territory of which the district is or will be located, the life of	54262
a district shall not exceed ten years, and the percentage of	54263
improvements to be exempted shall not exceed seventy-five per	54264
cent. With such approval, the life of a district may be not more	54265
than thirty years, and the percentage of improvements to be	54266
exempted may be not more than one hundred per cent.	54267

Approval of a board of education shall be obtained in the	54268
manner provided in division (D) of this section for exemptions	54269
under division (B) of this section, except that the notice to the	54270
board of education shall delineate the boundaries of the district,	54271
specifically identify each parcel within the district, identify	54272
each anticipated improvement in the district, provide an estimate	54273
of the true value in money of each such improvement, specify the	54274
life of the district and the percentage of improvements that would	54275
be exempted, and indicate the date on which the board of township	54276
trustees intends to adopt the resolution.	54277

A board of township trustees shall not adopt a resolution	54278
under this division after June 30, 2007.	54279

(D)(1) If the resolution declaring improvements to a parcel	54280
to be a public purpose or creating an incentive district specifies	54281
that payments in lieu of taxes provided for in section 5709.74 of	54282
the Revised Code shall be paid to the city, local, or exempted	54283
village school district in which the parcel is located in the	54284
amount of the taxes that would have been payable to the school	54285
district if the improvements had not been exempted from taxation,	54286
the percentage of the improvement that may be exempted from	54287
taxation may exceed seventy-five per cent, and the exemption may	54288
be granted for up to thirty years, without the approval of the	54289
board of education as otherwise required under division (D)(2) of	54290
this section.	54291

(2) Improvements with respect to a parcel may be exempted	54292
from taxation under division (B) of this section for up to ten	54293
years or, with the approval of the board of education of the city,	54294
local, or exempted village school district within which the parcel	54295
is located, for up to thirty years. The percentage of the	54296
improvements exempted from taxation may, with such approval,	54297
exceed seventy-five per cent, but shall not exceed one hundred per	54298
cent. Not later than forty-five business days prior to adopting a	54299
resolution under this section declaring improvements to be a	54300
public purpose that is subject to approval by a board of education	54301
under this division, the board of trustees shall deliver to the	54302
board of education a notice stating its intent to adopt a	54303
resolution making that declaration. The notice shall identify the	54304
parcels for which improvements are to be exempted from taxation,	54305
provide an estimate of the true value in money of the	54306
improvements, specify the period for which the improvements would	54307
be exempted from taxation and the percentage of the improvements	54308
that would be exempted, and indicate the date on which the board	54309
of trustees intends to adopt the resolution. The board of	54310
education, by resolution adopted by a majority of the board, may	54311
approve the exemption for the period or for the exemption	54312
percentage specified in the notice, may disapprove the exemption	54313
for the number of years in excess of ten, may disapprove the	54314
exemption for the percentage of the improvements to be exempted in	54315
excess of seventy-five per cent, or both, or may approve the	54316
exemption on the condition that the board of trustees and the	54317
board of education negotiate an agreement providing for	54318
compensation to the school district equal in value to a percentage	54319
of the amount of taxes exempted in the eleventh and subsequent	54320
years of the exemption period or, in the case of exemption	54321
percentages in excess of seventy-five per cent, compensation equal	54322
in value to a percentage of the taxes that would be payable on the	54323
portion of the improvements in excess of seventy-five per cent	54324
were that portion to be subject to taxation, or other mutually	54325
agreeable compensation. The board of education shall certify its	54326
resolution to the board of trustees not later than fourteen days	54327
prior to the date the board of trustees intends to adopt the	54328
resolution as indicated in the notice. ~~If the board of education~~	54329
~~approves the exemption on the condition that a compensation~~	54330
~~agreement be negotiated, the board of education in its resolution~~	54331
~~shall propose a compensation percentage.~~ If the board of education	54332
and the board of trustees negotiate a mutually acceptable	54333
compensation agreement, the resolution may declare the	54334
improvements a public purpose for the number of years specified in	54335
the resolution or, in the case of exemption percentages in excess	54336
of seventy-five per cent, for the exemption percentage specified	54337
in the resolution. In either case, if the board of education and	54338
the board of trustees fail to negotiate a mutually acceptable	54339
compensation agreement, the resolution may declare the	54340
improvements a public purpose for not more than ten years, but	54341
shall not exempt more than seventy-five per cent of the	54342
improvements from taxation~~, or, in the case of a resolution~~	54343
~~adopted under division (B) of this section, not more than the~~	54344
~~estimated percentage of the incremental demand as otherwise~~	54345
~~prescribed by division (B) of this section if that percentage is~~	54346
~~less than seventy-five per cent~~. If the board of education fails	54347
to certify a resolution to the board of trustees within the time	54348
prescribed by this section, the board of trustees thereupon may	54349
adopt the resolution and may declare the improvements a public	54350
purpose for up to thirty years or, in the case of exemption	54351
percentages proposed in excess of seventy-five per cent, for the	54352
exemption percentage specified in the resolution. The board of	54353
township trustees may adopt the resolution at any time after the	54354
board of education certifies its resolution approving the	54355
exemption to the board of township trustees, or, if the board of	54356
education approves the exemption on the condition that a mutually	54357
acceptable compensation agreement be negotiated, at any time after	54358
the compensation agreement is agreed to by the board of education	54359
and the board of township trustees.	54360

(3) If a board of education has adopted a resolution waiving	54361
its right to approve exemptions from taxation and the resolution	54362
remains in effect, approval of such exemptions by the board of	54363
education is not required under this division. If a board of	54364
education has adopted a resolution allowing a board of township	54365
trustees to deliver the notice required under ~~this~~ division (D)(2)	54366
of this section fewer than forty-five business days prior to	54367
adoption of the resolution by the board of township trustees, the	54368
board of township trustees shall deliver the notice to the board	54369
of education not later than the number of days prior to such	54370
adoption as prescribed by the board of education in its	54371
resolution. If a board of education adopts a resolution waiving	54372
its right to approve exemptions or shortening the notification	54373
period, the board of education shall certify a copy of the	54374
resolution to the board of township trustees. If the board of	54375
education rescinds such a resolution, it shall certify notice of	54376
the rescission to the board of township trustees.	54377

If the board of trustees is not required by this division to	54378
notify the board of education of the board of trustees' intent to	54379
declare improvements to be a public purpose, the board of trustees	54380
shall comply with the notice requirements imposed under section	54381
5709.83 of the Revised Code before taking formal action to adopt	54382
the resolution making that declaration, unless the board of	54383
education has adopted a resolution under that section waiving its	54384
right to receive such a notice.	54385

(E) An exemption from taxation granted under this section	54386
commences with the tax year ~~in which an improvement first appears~~	54387
~~on the tax list and duplicate of real and public utility property~~	54388
~~and~~specified in the resolution that begins after the effective	54389
date of the resolution. Except as otherwise provided in this	54390
division, the exemption ends on the date specified in the	54391
resolution as the date the improvement ceases to be a public	54392
purpose or the incentive district expires, or ends on the date on	54393
which the public infrastructure improvements and housing	54394
renovations are paid in full from the township public improvement	54395
tax increment equivalent fund established under section 5709.75 of	54396
the Revised Code, whichever occurs first. The exemption of an	54397
improvement with respect to a parcel may end on a later date, as	54398
specified in the resolution, if the board of township trustees and	54399
the board of education of the city, local, or exempted village	54400
school district within which the parcel is located have entered	54401
into a compensation agreement under section 5709.82 of the Revised	54402
Code with respect to the improvement or district and the board of	54403
education has approved the term of the exemption under division	54404
(D)(2) of this section, but in no case shall the improvement be	54405
exempted from taxation for more than thirty years. The board of	54406
township trustees may, by majority vote, adopt a resolution	54407
permitting the township to enter into such agreements as the board	54408
finds necessary or appropriate to provide for the construction or	54409
undertaking of public infrastructure improvements and housing	54410
renovations. Any exemption shall be claimed and allowed in the	54411
same or a similar manner as in the case of other real property	54412
exemptions. If an exemption status changes during a tax year, the	54413
procedure for the apportionment of the taxes for that year is the	54414
same as in the case of other changes in tax exemption status	54415
during the year.	54416

(F) The board of township trustees may issue the notes of the	54417
township to finance all costs pertaining to the construction or	54418
undertaking of public infrastructure improvements and housing	54419
renovations made pursuant to this section. The notes shall be	54420
signed by the board and attested by the signature of the township	54421
clerk, shall bear interest not to exceed the rate provided in	54422
section 9.95 of the Revised Code, and are not subject to Chapter	54423
133. of the Revised Code. The resolution authorizing the issuance	54424
of the notes shall pledge the funds of the township public	54425
improvement tax increment equivalent fund established pursuant to	54426
section 5709.75 of the Revised Code to pay the interest on and	54427
principal of the notes. The notes, which may contain a clause	54428
permitting prepayment at the option of the board, shall be offered	54429
for sale on the open market or given to the vendor or contractor	54430
if no sale is made.	54431

(G) The township, not later than fifteen days after the	54432
adoption of a resolution under this section, shall submit to the	54433
director of development a copy of the resolution. On or before the	54434
thirty-first day of March of each year, the township shall submit	54435
a status report to the director of development. The report shall	54436
indicate, in the manner prescribed by the director, the progress	54437
of the project during each year that the exemption remains in	54438
effect, including a summary of the receipts from service payments	54439
in lieu of taxes; expenditures of money from funds created under	54440
section 5709.75 of the Revised Code; a description of the public	54441
infrastructure improvements and housing renovations financed with	54442
such expenditures; and a quantitative summary of changes in	54443
private investment resulting from each project.	54444

(H) Nothing in this section shall be construed to prohibit a	54445
board of township trustees from declaring to be a public purpose	54446
improvements with respect to more than one parcel.	54447

(I) A board of township trustees that adopted a resolution	54448
under this section prior to July 21, 1994, may amend that	54449
resolution to include any additional public infrastructure	54450
improvement. A board of township trustees that seeks by such an	54451
amendment to utilize money from its township public improvement	54452
tax increment equivalent fund for land acquisition in aid of	54453
industry, commerce, distribution, or research, demolition on	54454
private property, or stormwater and flood remediation projects may	54455
do so provided that the board currently is a party to a	54456
hold-harmless agreement with the board of education of the city,	54457
local, or exempted village school district within the territory of	54458
which are located the parcels that are subject to an exemption.	54459
For the purposes of this division, a "hold-harmless agreement"	54460
means an agreement under which the board of township trustees	54461
agrees to compensate the school district for one hundred per cent	54462
of the tax revenue that the school district would have received	54463
from further improvements to parcels designated in the resolution	54464
were it not for the exemption granted by the resolution.	54465

Sec. 5709.77. As used in sections 5709.77 to 5709.81 of the	54466
Revised Code:	54467

(A) "Business day" means a day of the week excluding	54468
Saturday, Sunday, and a legal holiday as defined in section 1.14	54469
of the Revised Code.	54470

(B) "Fund" means to provide for the payment of the debt	54471
service on and the expenses relating to an outstanding obligation	54472
of the county.	54473

(C) "Housing renovation" means a project carried out for	54474
residential purposes.	54475

(D) "Improvement" means the increase in the ~~true~~assessed	54476
value of real property that would first appear on the tax list and	54477
duplicate of real and public utility property after the effective	54478
date of a resolution adopted under section 5709.78 of the Revised	54479
Code were it not for the exemption granted by that resolution.	54480
~~"Improvement" does not include a public infrastructure~~	54481
~~improvement.~~ For purposes of division (A) of section 5709.78 of	54482
the Revised Code, "improvement" does not include any property used	54483
or to be used for residential purposes.	54484

(E) "Incentive district" has the same meaning as in section	54485
5709.40 of the Revised Code, except that a blighted area is in the	54486
unincorporated territory of a county.	54487

(F) "Refund" means to fund and retire an outstanding	54488
obligation of the county.	54489

(G) "Project" and "public infrastructure improvement" have	54490
the same meanings as in section 5709.40 of the Revised Code.	54491

Sec. 5709.78. (A) A board of county commissioners may, by	54492
resolution, declare improvements to certain parcels of real	54493
property located in the unincorporated territory of the county to	54494
be a public purpose. Except as otherwise provided in division (C)	54495
of this section, not more than seventy-five per cent of an	54496
improvement thus declared to be a public purpose may be exempted	54497
from real property taxation~~; the percentage exempted shall not,~~	54498
~~except as otherwise provided in those divisions, exceed the~~	54499
~~estimated percentage of the incremental demand placed on the~~	54500
~~public infrastructure improvements that is directly attributable~~	54501
~~to the exempted improvement~~. The resolution shall specify the	54502
percentage of the improvement to be exempted.	54503

A resolution adopted under this division shall designate the	54504
specific public infrastructure improvements made, to be made, or	54505
in the process of being made by the county that directly benefit,	54506
or that once made will directly benefit, the parcels for which	54507
improvements are declared to be a public purpose. ~~For the purposes~~	54508
~~of this division, a public infrastructure improvement directly~~	54509
~~benefits such a parcel only if a project on the parcel places~~	54510
~~direct, additional demand on the public infrastructure improvement~~	54511
~~or, if the public infrastructure improvement has not yet been~~	54512
~~completed, will place direct, additional demand on the public~~	54513
~~infrastructure improvement once it is completed.~~ The service	54514
payments provided for in section 5709.79 of the Revised Code shall	54515
be used to finance the public infrastructure improvements	54516
designated in the resolution.	54517

(B) A board of county commissioners may adopt a resolution	54518
creating an incentive district and declaring improvements to	54519
parcels within the district to be a public purpose and exempt from	54520
taxation as provided in this section. The district shall be	54521
located within the unincorporated territory of the county and	54522
shall not include any territory that is included within a district	54523
created under division (C) of section 5709.73 of the Revised Code.	54524
The resolution shall delineate the boundary of the district and	54525
specifically identify each parcel within the district. A district	54526
may not include any parcel that is or has been exempted from	54527
taxation under division (A) of this section or that is or has been	54528
within another district created under this division. A resolution	54529
may create more than one such district, and more than one	54530
resolution may be adopted under this division.	54531

Not later than thirty days prior to adopting a resolution	54532
under this division, if the county intends to apply for exemptions	54533
from taxation under section 5709.911 of the Revised Code on behalf	54534
of owners of real property located within the proposed incentive	54535
district, the board of county commissioners shall conduct a public	54536
hearing on the proposed resolution. Not later than thirty days	54537
prior to the public hearing, the board shall give notice of the	54538
public hearing and the proposed resolution by first class mail to	54539
every real property owner whose property is located within the	54540
boundaries of the proposed incentive district that is the subject	54541
of the proposed resolution. The board also shall provide the	54542
notice by first class mail to the clerk of each township in which	54543
the proposed incentive district will be located.	54544

A resolution under this division shall specify the life of	54545
the district and the percentage of the improvements to be exempted	54546
and shall designate the public infrastructure improvements made or	54547
to be made that benefit or serve parcels in the district.	54548

A resolution adopted under this division may authorize the	54549
use of service payments provided for in section 5709.79 of the	54550
Revised Code for the purpose of housing renovations within the	54551
district, provided that the resolution also designates public	54552
infrastructure improvements that benefit or serve the district,	54553
and that a project within the district places real property in use	54554
for commercial or industrial purposes. Service payments may be	54555
used to finance or support loans, deferred loans, and grants to	54556
persons for the purpose of housing renovations within the	54557
district. The resolution shall designate the parcels within the	54558
district that are eligible for housing renovations. The resolution	54559
shall state separately the amount or the percentages of the	54560
expected aggregate service payments that are designated for each	54561
public infrastructure improvement and for the purpose of housing	54562
renovations.	54563

Except with the approval of the board of education of each	54564
city, local, or exempted village school district within the	54565
territory of which the district is or will be located, the life of	54566
a district shall not exceed ten years, and the percentage of	54567
improvements to be exempted shall not exceed seventy-five per	54568
cent. With such approval, the life of a district may be not more	54569
than thirty years, and the percentage of improvements to be	54570
exempted may be not more than one hundred per cent.	54571

Approval of a board of education shall be obtained in the	54572
manner provided in division (C) of this section for exemptions	54573
under division (A) of this section, except that the notice to the	54574
board of education shall delineate the boundaries of the district,	54575
specifically identify each parcel within the district, identify	54576
each anticipated improvement in the district, provide an estimate	54577
of the true value in money of each such improvement, specify the	54578
life of the district and the percentage of improvements that would	54579
be exempted, and indicate the date on which the board of county	54580
commissioners intends to adopt the resolution.	54581

A board of county commissioners shall not adopt a resolution	54582
under this division after June 30, 2007.	54583

(C)(1) If the resolution declaring improvements to a parcel	54584
to be a public purpose or creating an incentive district specifies	54585
that payments in lieu of taxes provided for in section 5709.79 of	54586
the Revised Code shall be paid to the city, local, or exempted	54587
village school district in which the parcel is located in the	54588
amount of the taxes that would have been payable to the school	54589
district if the improvements had not been exempted from taxation,	54590
the percentage of the improvement that may be exempted from	54591
taxation may exceed seventy-five per cent, and the exemption may	54592
be granted for up to thirty years, without the approval of the	54593
board of education as otherwise required under division (C)(2) of	54594
this section.	54595

(2) Improvements with respect to a parcel may be exempted	54596
from taxation under division (A) of this section for up to ten	54597
years or, with the approval of the board of education of the city,	54598
local, or exempted village school district within which the parcel	54599
is located, for up to thirty years. The percentage of the	54600
improvements exempted from taxation may, with such approval,	54601
exceed seventy-five per cent, but shall not exceed one hundred per	54602
cent. Not later than forty-five business days prior to adopting a	54603
resolution under this section declaring improvements to be a	54604
public purpose that is subject to the approval of a board of	54605
education under this division, the board of county commissioners	54606
shall deliver to the board of education a notice stating its	54607
intent to adopt a resolution making that declaration. The notice	54608
shall identify the parcels for which improvements are to be	54609
exempted from taxation, provide an estimate of the true value in	54610
money of the improvements, specify the period for which the	54611
improvements would be exempted from taxation and the percentage of	54612
the improvements that would be exempted, and indicate the date on	54613
which the board of county commissioners intends to adopt the	54614
resolution. The board of education, by resolution adopted by a	54615
majority of the board, may approve the exemption for the period or	54616
for the exemption percentage specified in the notice, may	54617
disapprove the exemption for the number of years in excess of ten,	54618
may disapprove the exemption for the percentage of the	54619
improvements to be exempted in excess of seventy-five per cent, or	54620
both, or may approve the exemption on the condition that the board	54621
of county commissioners and the board of education negotiate an	54622
agreement providing for compensation to the school district equal	54623
in value to a percentage of the amount of taxes exempted in the	54624
eleventh and subsequent years of the exemption period or, in the	54625
case of exemption percentages in excess of seventy-five per cent,	54626
compensation equal in value to a percentage of the taxes that	54627
would be payable on the portion of the improvements in excess of	54628
seventy-five per cent were that portion to be subject to taxation,	54629
or other mutually agreeable compensation. The board of education	54630
shall certify its resolution to the board of county commissioners	54631
not later than fourteen days prior to the date the board of county	54632
commissioners intends to adopt its resolution as indicated in the	54633
notice. ~~If the board of education approves the exemption on the~~	54634
~~condition that a compensation agreement be negotiated, the board~~	54635
~~of education in its resolution shall propose a compensation~~	54636
~~percentage.~~ If the board of education and the board of county	54637
commissioners negotiate a mutually acceptable compensation	54638
agreement, the resolution of the board of county commissioners may	54639
declare the improvements a public purpose for the number of years	54640
specified in that resolution or, in the case of exemption	54641
percentages in excess of seventy-five per cent, for the exemption	54642
percentage specified in the resolution. In either case, if the	54643
board of education and the board of county commissioners fail to	54644
negotiate a mutually acceptable compensation agreement, the	54645
resolution may declare the improvements a public purpose for not	54646
more than ten years, but shall not exempt more than seventy-five	54647
per cent of the improvements from taxation~~, or, in the case of a~~	54648
~~resolution adopted under division (A) of this section, not more~~	54649
~~than the estimated percentage of the incremental demand as~~	54650
~~otherwise prescribed by division (A) of this section if that~~	54651
~~percentage is less than seventy-five per cent~~. If the board of	54652
education fails to certify a resolution to the board of county	54653
commissioners within the time prescribed by this section, the	54654
board of county commissioners thereupon may adopt the resolution	54655
and may declare the improvements a public purpose for up to thirty	54656
years or, in the case of exemption percentages proposed in excess	54657
of seventy-five per cent, for the exemption percentage specified	54658
in the resolution. The board of county commissioners may adopt the	54659
resolution at any time after the board of education certifies its	54660
resolution approving the exemption to the board of county	54661
commissioners, or, if the board of education approves the	54662
exemption on the condition that a mutually acceptable compensation	54663
agreement be negotiated, at any time after the compensation	54664
agreement is agreed to by the board of education and the board of	54665
county commissioners.	54666

~~(2)~~(3) If a board of education has adopted a resolution	54667
waiving its right to approve exemptions from taxation and the	54668
resolution remains in effect, approval of such exemptions by the	54669
board of education is not required under division (C)~~(1)~~(2) of	54670
this section. If a board of education has adopted a resolution	54671
allowing a board of county commissioners to deliver the notice	54672
required under division (C)~~(1)~~(2) of this section fewer than	54673
forty-five business days prior to approval of the resolution by	54674
the board of county commissioners, the board of county	54675
commissioners shall deliver the notice to the board of education	54676
not later than the number of days prior to such approval as	54677
prescribed by the board of education in its resolution. If a board	54678
of education adopts a resolution waiving its right to approve	54679
exemptions or shortening the notification period, the board of	54680
education shall certify a copy of the resolution to the board of	54681
county commissioners. If the board of education rescinds such a	54682
resolution, it shall certify notice of the rescission to the board	54683
of county commissioners.	54684

(D) An exemption from taxation granted under this section	54685
commences with the tax year ~~in which an improvement first appears~~	54686
~~on the tax list and duplicate of real and public utility property~~	54687
~~and~~specified in the resolution that begins after the effective	54688
date of the resolution. Except as otherwise provided in this	54689
division, the exemption ends on the date specified in the	54690
resolution as the date the improvement ceases to be a public	54691
purpose or the incentive district expires, or ends on the date on	54692
which the county can no longer require annual service payments in	54693
lieu of taxes under section 5709.79 of the Revised Code, whichever	54694
occurs first. The exemption of an improvement with respect to a	54695
parcel may end on a later date, as specified in the resolution, if	54696
the board of commissioners and the board of education of the city,	54697
local, or exempted village school district within which the parcel	54698
is located have entered into a compensation agreement under	54699
section 5709.82 of the Revised Code with respect to the	54700
improvement or district and the board of education has approved	54701
the term of the exemption under division (C)~~(1)~~(2) of this	54702
section, but in no case shall the improvement be exempted from	54703
taxation for more than thirty years. Exemptions shall be claimed	54704
and allowed in the same or a similar manner as in the case of	54705
other real property exemptions. If an exemption status changes	54706
during a tax year, the procedure for the apportionment of the	54707
taxes for that year is the same as in the case of other changes in	54708
tax exemption status during the year.	54709

(E) If the board of county commissioners is not required by	54710
this section to notify the board of education of the board of	54711
county commissioners' intent to declare improvements to be a	54712
public purpose, the board of county commissioners shall comply	54713
with the notice requirements imposed under section 5709.83 of the	54714
Revised Code before taking formal action to adopt the resolution	54715
making that declaration, unless the board of education has adopted	54716
a resolution under that section waiving its right to receive such	54717
a notice.	54718

(F) The county, not later than fifteen days after the	54719
adoption of a resolution under this section, shall submit to the	54720
director of development a copy of the resolution. On or before the	54721
thirty-first day of March of each year, the county shall submit a	54722
status report to the director of development. The report shall	54723
indicate, in the manner prescribed by the director, the progress	54724
of the project during each year that an exemption remains in	54725
effect, including a summary of the receipts from service payments	54726
in lieu of taxes; expenditures of money from funds created under	54727
section 5709.75 of the Revised Code; a description of the public	54728
infrastructure improvements and housing renovations financed with	54729
such expenditures; and a quantitative summary of changes in	54730
employment and private investment resulting from each project.	54731

(G) Nothing in this section shall be construed to prohibit a	54732
board of county commissioners from declaring to be a public	54733
purpose improvements with respect to more than one parcel.	54734

Sec. 5711.21. (A) In assessing taxable property the assessor	54735
shall be governed by the rules of assessment prescribed by	54736
sections 5711.01 to 5711.36 of the Revised Code. Wherever any	54737
taxable property is required to be assessed at its true value in	54738
money or at any percentage of true value, the assessor shall be	54739
guided by the statements contained in the taxpayer's return and	54740
such other rules and evidence as will enable the assessor to	54741
arrive at such true value. Wherever the income yield of taxable	54742
property is required to be assessed, and the method of determining	54743
between income and return or distribution of principal, or that of	54744
allocating expenses in determining net income, or that of	54745
ascertaining the source from which partial distributions of income	54746
have been made is not expressly prescribed by sections 5711.01 to	54747
5711.36 of the Revised Code, the assessor shall be guided by the	54748
statements contained in the taxpayer's return and such general	54749
rules as the tax commissioner adopts to enable the assessor to	54750
make such determination.	54751

(B) The true value of the boilers, machinery, equipment, and	54752
any personal property used to generate or distribute ~~the~~	54753
electricity shall be:	54754

(1) For tax years before tax year 2006, the sum of the	54755
following:	54756

~~(1)~~(a) The true value of the property as it would be	54757
determined under this chapter if none of the electricity were	54758
distributed to others multiplied by the per cent of the	54759
electricity generated in the preceding calendar year that was used	54760
by the person who generated it; plus	54761

~~(2)~~(b) The true value of the property that is production	54762
equipment as it would be determined for an electric company under	54763
section 5727.11 of the Revised Code multiplied by the per cent of	54764
the electricity generated in the preceding calendar year that was	54765
not used by the person who generated it; plus	54766

~~(3)~~(c) The true value of the property that is not production	54767
equipment as it would be determined for an electric company under	54768
section 5727.11 of the Revised Code multiplied by the per cent of	54769
the electricity generated in the preceding calendar year that was	54770
not used by the person who generated it.	54771

(2) For tax year 2006 and each tax year thereafter, the true	54772
value of the property as it would be determined under this chapter	54773
if none of the electricity were distributed to others multiplied	54774
by the per cent of the electricity generated in the preceding	54775
calendar year that was used by the person who generated it.	54776

(C) ~~The~~For tax years before tax year 2006, the true value of	54777
personal property leased to a public utility or interexchange	54778
telecommunications company as defined in section 5727.01 of the	54779
Revised Code and used by the utility or interexchange	54780
telecommunications company directly in the rendition of a public	54781
utility service as defined in division (P) of section 5739.01 of	54782
the Revised Code shall be determined in the same manner that the	54783
true value of such property is determined under section 5727.11 of	54784
the Revised Code if owned by the public utility or interexchange	54785
telecommunications company.	54786

Sec. 5711.22. (A) Deposits not taxed at the source shall be	54787
listed and assessed at their amount in dollars on the day they are	54788
required to be listed. Moneys shall be listed and assessed at the	54789
amount thereof in dollars on hand on the day that they are	54790
required to be listed. In listing investments, the amount of the	54791
income yield of each for the calendar year next preceding the date	54792
of listing shall, except as otherwise provided in this chapter, be	54793
stated in dollars and cents and the assessment thereof shall be at	54794
the amount of such income yield; but any property defined as	54795
investments in either division (A) or (B) of section 5701.06 of	54796
the Revised Code that has not been outstanding for the full	54797
calendar year next preceding the date of listing, except shares of	54798
stock of like kind as other shares of the same corporation	54799
outstanding for the full calendar year next preceding the date of	54800
listing, or which has yielded no income during such calendar year	54801
shall be listed and assessed as unproductive investments, at their	54802
true value in money on the day that such investments are required	54803
to be listed.	54804

Credits and other taxable intangibles shall be listed and	54805
assessed at their true value in money on the day as of which the	54806
same are required to be listed.	54807

Shares of stock of a bank holding company, as defined in	54808
Title 12 U.S.C.A., section 1841, that are required to be listed	54809
for taxation under this division and upon which dividends were	54810
paid during the year of their issuance, which dividends are	54811
subject to taxation under the provisions of Chapter 5747. of the	54812
Revised Code, shall be exempt from the intangibles tax for the	54813
year immediately succeeding their issuance. If such shares bear	54814
dividends the first calendar year after their issuance, which	54815
dividends are subject to taxation under the provisions of Chapter	54816
5747. of the Revised Code, it shall be deemed that the	54817
nondelinquent intangible property tax pursuant to division (A) of	54818
section 5707.04 of the Revised Code was paid on those dividends	54819
paid that first calendar year after the issuance of the shares.	54820

(B)~~(1)~~ Boilers, machinery, equipment, and personal property	54821
the true value of which is determined under division (B) of	54822
section 5711.21 of the Revised Code shall be listed and assessed	54823
at an amount equal to:	54824

(1) For tax years before tax year 2006, the sum of the	54825
products determined under divisions (B)(1)(a), (b), and (c) of	54826
this section.	54827

(a) Multiply the portion of the true value ~~determined~~	54828
calculated under division (B)(1)(a) of section 5711.21 of the	54829
Revised Code by the assessment rate for the tax year in division	54830
(F) of this section;	54831

(b) Multiply the portion of the true value determined under	54832
division (B)~~(2)~~(1)(b) of section 5711.21 of the Revised Code by	54833
the assessment rate in section 5727.111 of the Revised Code that	54834
is applicable to the production equipment of an electric company;	54835

(c) Multiply the portion of the true value determined under	54836
division (B)~~(3)~~(1)(c) of section 5711.21 of the Revised Code by	54837
the assessment rate in section 5727.111 of the Revised Code that	54838
is applicable to the property of an electric company that is not	54839
production equipment.	54840

(2) ~~Personal~~For tax year 2006 and each tax year thereafter,	54841
the product calculated by multiplying the portion of the true	54842
value determined under division (B)(2) of section 5711.21 of the	54843
Revised Code by the assessment rate for that tax year in division	54844
(F) of this section.	54845

(C) For tax years before tax year 2006, personal property	54846
leased to a public utility or interexchange telecommunications	54847
company as defined in section 5727.01 of the Revised Code and used	54848
directly in the rendition of a public utility service as defined	54849
in division (P) of section 5739.01 of the Revised Code shall be	54850
listed and assessed at the same percentage of true value in money	54851
that such property is required to be assessed by section 5727.111	54852
of the Revised Code if owned by the public utility or	54853
interexchange telecommunications company.	54854

~~(C)~~(D)(1) Merchandise or an agricultural product shipped from	54855
outside this state and held in this state in a warehouse or a	54856
place of storage without further manufacturing or processing and	54857
for storage only and for shipment outside this state, but that is	54858
~~taxable because it~~ does not qualify as "not used in business in	54859
this state" under division (B)(1) or (2) of section 5701.08 of the	54860
Revised Code, ~~shall be listed and assessed at a rate of~~	54861
~~twenty-five one-hundredths of its true value in money until~~	54862
~~reduced in accordance with the following schedule:~~	54863

~~(a) For any year, subtract five one-hundredths from the rate~~	54864
~~at which such property was required to be listed and assessed in~~	54865
~~the preceding year, if the total statewide collection of all real~~	54866
~~and tangible personal property taxes for the second preceding year~~	54867
~~exceeded the total statewide collection of all real and tangible~~	54868
~~personal property taxes for the third preceding year by more than~~	54869
~~the greater of four per cent or the rate of increase from the~~	54870
~~third to the second preceding years in the average consumer price~~	54871
~~index (all urban consumers, all items) prepared by the bureau of~~	54872
~~labor statistics of the United States department of labor;~~	54873

~~(b) If no reduction in the assessment rate is made for a~~	54874
~~year, the rate is the same as for the preceding year.~~	54875

~~(2) Each year until the year the assessment rate equals zero,~~	54876
~~the tax commissioner shall determine the assessment rate required~~	54877
~~under this division and shall notify all county auditors of that~~	54878
~~rate.~~	54879

~~(3) Notwithstanding provisions to the contrary in division~~	54880
~~(B) of section 5701.08 of the Revised Code, during and after the~~	54881
~~year for which the assessment rate as calculated under this~~	54882
~~division equals zero, any merchandise or agricultural product~~	54883
~~shipped from outside this state and held in this state in any~~	54884
~~warehouse or place of storage, whether public or private, without~~	54885
~~further manufacturing or processing and for storage only and for~~	54886
~~shipment outside this state to any person for any purpose~~ is	54887
nevertheless not used in business in this state for property tax	54888
purposes.	54889

~~(D)(1)~~(2) Merchandise or an agricultural product owned by a	54890
qualified out-of-state person shipped from outside this state and	54891
held in this state in a public warehouse without further	54892
manufacturing or processing and for temporary storage only and for	54893
shipment inside this state, but that ~~is taxable because it~~ does	54894
not qualify as "not used in business in this state" under division	54895
(B)(1) or (2) of section 5701.08 of the Revised Code, ~~shall be~~	54896
~~listed and assessed at a rate of twenty-five one-hundredths of its~~	54897
~~true value in money until reduced in accordance with the following~~	54898
~~schedule:~~	54899

~~(a) For any year, subtract five one-hundredths from the rate~~	54900
~~at which such property was required to be listed and assessed in~~	54901
~~the preceding year, if the total statewide collection of all real~~	54902
~~and tangible personal property taxes for the second preceding year~~	54903
~~exceeded the total statewide collection of all real and tangible~~	54904
~~personal property taxes for the third preceding year by more than~~	54905
~~the greater of four per cent or the rate of increase from the~~	54906
~~third to the second preceding years in the average consumer price~~	54907
~~index (all urban consumers, all items) prepared by the bureau of~~	54908
~~labor statistics of the United States department of labor;~~	54909

~~(b) If no reduction in the assessment rate is made for a~~	54910
~~year, the rate is the same as for the preceding year.~~	54911

~~(2) Each year until the year the assessment rate equals zero,~~	54912
~~the tax commissioner shall determine the assessment rate required~~	54913
~~under this division and shall notify all county auditors of that~~	54914
~~rate.~~	54915

~~(3) Notwithstanding provisions to the contrary in division~~	54916
~~(B) of section 5701.08 of the Revised Code, during and after the~~	54917
~~year for which the assessment rate as calculated under this~~	54918
~~division equals zero, any merchandise or agricultural product~~	54919
~~described in division (D)(1) of this section~~ is nevertheless not	54920
used in business in this state for property tax purposes.	54921

~~(4)~~(3) As used in division (D)(2) of this section:

54922

(a) "Qualified out-of-state person" means a person that does	54923
not own, lease, or use property, other than merchandise or an	54924
agricultural product described in this division, in this state,	54925
and does not have employees, agents, or representatives in this	54926
state;	54927

(b) "Public warehouse" means a warehouse in this state that	54928
is not subject to the control of or under the supervision of the	54929
owner of the merchandise or agricultural product stored in it, or	54930
staffed by the owner's employees, and from which the property is	54931
to be shipped inside this state.	54932

(E) Personal property valued pursuant to section 5711.15 of	54933
the Revised Code and personal property required to be listed on	54934
the average basis by division (A) of section 5711.16 of the	54935
Revised Code, except property described in division ~~(C) or~~ (D) of	54936
this section, business fixtures, and furniture not held for sale	54937
in the course of business, shall be listed and assessed at the	54938
~~rate of twenty-five per cent~~percentage of its true value in money	54939
~~until reduced to zero~~ in accordance with the following schedule:	54940

(1) ~~Beginning in tax year 2002 and for each of tax years 2003~~	54941
~~and 2004, subtract one percentage point from the rate at which the~~	54942
~~property was required to be listed and assessed in the preceding~~	54943
~~year, if the total statewide collection of tangible personal~~	54944
~~property taxes for the second preceding year exceeded the total~~	54945
~~statewide collection of tangible personal property taxes for the~~	54946
~~third preceding year. If no reduction in the assessment rate is~~	54947
~~made for a year, the rate is the same as for the preceding year.~~	54948

~~(2) In~~For tax years 2005 and 2006, the assessment rate shall	54949
be ~~reduced by two percentage points, if the total statewide~~	54950
~~collection of tangible personal property taxes for the second~~	54951
~~preceding year exceeded the total statewide collection of tangible~~	54952
~~personal property taxes for the third preceding year. If no~~	54953
~~reduction in the assessment rate is made for a year, the rate is~~	54954
~~the same as for the preceding year~~twenty-three per cent of true	54955
value.	54956

~~(3)~~(2) For tax year 2007, twenty-one per cent of true value;

54957

(3) For tax year 2008, fourteen per cent of true value;

54958

(4) For tax year 2009, seven per cent of true value;

54959

(5) For tax year 2010 and each tax year thereafter, ~~the~~	54960
~~assessment rate shall be reduced by two percentage points. During~~	54961
~~and after the tax year that the assessment rate equals zero, the~~	54962
~~property described in division (E) of this section shall not be~~	54963
~~listed for taxation.~~	54964

~~Each year until the year the assessment rate equals zero, the~~	54965
~~tax commissioner shall determine the assessment rate required~~	54966
~~under this division and shall notify all county auditors of that~~	54967
~~rate.~~	54968

~~For purposes of division (E) of this section, "total~~	54969
~~statewide collection of tangible person property taxes" excludes~~	54970
~~taxes collected from public utilities and interexchange~~	54971
~~telecommunications companies on property that is determined to be~~	54972
~~taxable pursuant to section 5727.06 of the Revised Code~~zero	54973
percent of true value.	54974

(F) All engines and machinery, and tools and implements, used	54975
or designed to be used in manufacturing as described in section	54976
5711.16 of the Revised Code, in mining, in stone plants and gravel	54977
plants, in laundries, towel, and linen supply and dry cleaning	54978
plants, and in radio and television broadcasting shall be listed	54979
and assessed at a percentage rate of its true value in money in	54980
accordance with the following schedule:	54981

(1) For all such property not previously used in business in	54982
this state by the owner thereof, or by related member or	54983
predecessor of the owner, other than as inventory, before January	54984
1, 2005, the assessment rate shall be zero per cent of true value;	54985

(2) For all other such property, the assessment rate for tax	54986
year 2005 shall be twenty-five per cent of true value, twelve and	54987
one-half per cent of true value for tax year 2006, and zero per	54988
cent of true value for tax year 2007 and each tax year thereafter.	54989

~~(F)~~(G) Unless otherwise provided by law, all other personal	54990
property used in business that has not been legally regarded as an	54991
improvement on land and considered in arriving at the value of the	54992
real property assessed for taxation shall be listed and assessed	54993
at ~~the rate of twenty-five per cent~~a percentage rate of its true	54994
value in money in accordance with the following schedule:	54995

(1) For tax year 2005, twenty-five per cent of true value;

54996

(2) For tax year 2006, twenty per cent of true value;

54997

(3) For tax year 2007, fifteen per cent of true value;

54998

(4) For tax year 2008, ten per cent of true value;

54999

(5) For tax year 2009, five per cent of true value;

55000

(6) For tax year 2010 and each tax year thereafter, zero per	55001
cent of true value.	55002

(H) During and after the tax year in which the assessment	55003
rate equals zero per cent, the property described in division (E),	55004
(F), or (G) of this section shall not be listed for taxation.	55005

(I) Divisions (E), (F), and (G) of this section apply to the	55006
property of a person described in divisions (E)(3) to (11) of	55007
section 5751.01 of the Revised Code. Division (I) of this section	55008
does not prevent the application of the exemption of property from	55009
taxation under section 5725.25 or 5725.26 of the Revised Code.	55010

Sec. 5713.08. (A) The county auditor shall make a list of	55011
all real and personal property in the auditor's county, including	55012
money, credits, and investments in bonds, stocks, or otherwise,	55013
~~which~~that is exempted from taxation. ~~Such~~The list shall show the	55014
name of the owner, the value of the property exempted, and a	55015
statement in brief form of the ground on which ~~such~~the exemption	55016
has been granted. It shall be corrected annually by adding thereto	55017
the items of property ~~which~~that have been exempted during the	55018
year, and by striking therefrom the items ~~which~~that in the	55019
opinion of the auditor have lost their right of exemption and	55020
~~which~~that have been reentered on the taxable list. No additions	55021
shall be made to such exempt lists and no additional items of	55022
property shall be exempted from taxation without the consent of	55023
the tax commissioner as is provided for in section 5715.27 of the	55024
Revised Code or without the consent of the housing officer under	55025
section 3735.67 of the Revised Code. When any personal property or	55026
endowment fund of an institution has once been held by the	55027
commissioner to be properly exempt from taxation, it is not	55028
necessary to obtain the commissioner's consent to the exemption of	55029
additional property or investments of the same kind belonging to	55030
the same institution, but such property shall appear on the	55031
abstract filed annually with the commissioner. The commissioner	55032
may revise at any time the list in every county so that no	55033
property is improperly or illegally exempted from taxation. The	55034
auditor shall follow the orders of the commissioner given under	55035
this section. An abstract of ~~such~~the list shall be filed annually	55036
with the commissioner, on a form approved by the commissioner, and	55037
a copy thereof shall be kept on file in the office of each auditor	55038
for public inspection.	55039

The commissioner shall not consider an application for	55040
exemption of property unless the application has attached thereto	55041
a certificate executed by the county treasurer certifying one of	55042
the following:	55043

(1) That all taxes, assessments, interest, and penalties	55044
levied and assessed against the property sought to be exempted	55045
have been paid in full to the date upon which the application for	55046
exemption is filed, except for such taxes, interest, and penalties	55047
that may be remitted under division (B) of this section;	55048

(2) That the applicant has entered into a valid delinquent	55049
tax contract with the county treasurer pursuant to division (A) of	55050
section 323.31 of the Revised Code to pay all of the delinquent	55051
taxes, assessments, interest, and penalties charged against the	55052
property, except for such taxes, interest, and penalties that may	55053
be remitted under division (B) of this section. If the auditor	55054
receives notice under section 323.31 of the Revised Code that such	55055
a written delinquent tax contract has become void, the auditor	55056
shall strike ~~such~~the property from the list of exempted property	55057
and reenter ~~such~~the property on the taxable list. If property is	55058
removed from the exempt list because a written delinquent tax	55059
contract has become void, current taxes shall first be extended	55060
against that property on the general tax list and duplicate of	55061
real and public utility property for the tax year in which the	55062
auditor receives the notice required by division (A) of section	55063
323.31 of the Revised Code that the delinquent tax contract has	55064
become void or, if that notice is not timely made, for the tax	55065
year in which falls the latest date by which the treasurer is	55066
required by ~~such~~that section to give such notice. A county	55067
auditor shall not remove from any tax list and duplicate the	55068
amount of any unpaid delinquent taxes, assessments, interest, or	55069
penalties owed on property that is placed on the exempt list	55070
pursuant to this division.	55071

(3) That a tax certificate has been issued under section	55072
5721.32 or 5721.33 of the Revised Code with respect to the	55073
property that is the subject of the application, and the tax	55074
certificate is outstanding.	55075

(B) Any taxes, interest, and penalties ~~which~~that have become	55076
a lien after the property was first used for the exempt purpose,	55077
but in no case prior to the date of acquisition of the title to	55078
the property by the applicant, may be remitted by the	55079
commissioner, except as is provided in division (A) of section	55080
5713.081 of the Revised Code.	55081

(C) Real property acquired by the state in fee simple is	55082
exempt from taxation from the date of acquisition of title or date	55083
of possession, whichever is the earlier date, provided that all	55084
taxes, interest, and penalties as provided in the apportionment	55085
provisions of section 319.20 of the Revised Code have been paid to	55086
the date of acquisition of title or date of possession by the	55087
state, whichever is earlier. The proportionate amount of taxes	55088
that are a lien but not yet determined, assessed, and levied for	55089
the year in which the property is acquired, shall be remitted by	55090
the county auditor for the balance of the year from date of	55091
acquisition of title or date of possession, whichever is earlier.	55092
This section shall not be construed to authorize the exemption of	55093
such property from taxation or the remission of taxes, interest,	55094
and penalties thereon until all private use has terminated.	55095

Real property acquired by the department of natural resources	55096
for which an application for exemption has been filed shall be	55097
removed from the tax list and duplicate and shall not accrue taxes	55098
or penalties while the application for tax exemption is being	55099
processed.	55100

Sec. 5715.24. (A) The tax commissioner, annually, shall	55101
determine whether the real property and the various classes	55102
thereof in the several counties, municipal corporations, and	55103
taxing districts which have completed a sexennial reappraisal in	55104
the current year and which will have the new taxable values placed	55105
on the tax list and duplicate have been assessed as required by	55106
law, and whether the values set forth in the agricultural land tax	55107
list in such taxing districts correctly reflect the true and	55108
agricultural use values of the lands contained therein. The	55109
determination shall be made prior to the first Monday in August	55110
unless the commissioner, for good cause, extends the date. If the	55111
commissioner finds that the real property or any class thereof in	55112
any such county, municipal corporation, or taxing district, as	55113
reported to it by the several county auditors of the counties that	55114
have completed such reappraisal is not listed for taxation or	55115
recorded on the agricultural land tax list in accordance	55116
therewith, hethe commissioner shall increase or decrease the	55117
appropriate aggregate value of the real property or any class	55118
thereof in any such county, township, municipal corporation,	55119
taxing district, or ward or division of a municipal corporation,	55120
by a per cent or amount that will cause such property to be	55121
correctly valued on the agricultural land tax list and to be	55122
correctly assessed on the tax list at its taxable value so that	55123
every class of real property shall be listed and valued for	55124
taxation and valued for purposes of sections 5713.33 to 5713.35 of	55125
the Revised Code as required by law. In determining whether a	55126
class of real property has been assessed at its correct taxable	55127
value or agricultural use value and in determining any per cent or	55128
amount by which the aggregate value of the class from a prior year	55129
shall be increased or decreased to be correctly assessed, the	55130
value of new construction shall not be regarded as an increase in	55131
such aggregate value from the prior year, and the value of	55132
property destroyed or demolished since the prior year shall be	55133
deducted from the aggregate value of that class for the prior	55134
year.	55135

In implementing any increase or decrease in valuation of real	55136
property ordered by the commissioner pursuant to this section, the	55137
county auditor shall, when practicable, increase or decrease the	55138
taxable valuation of parcels in accordance with actual changes in	55139
valuation of real property which occur in different subdivisions,	55140
neighborhoods, or among classes of real property in the county.	55141

(B) Division (A) of this section also applies to a county in	55142
the third calendar year following the year in which a sexennial	55143
reappraisal is completed.	55144

Sec. 5719.041. If the payment of a general personal property	55145
or classified property tax is not made on or before the last day	55146
prescribed by section 5719.03 or 5719.031 of the Revised Code, an	55147
interest charge shall begin to accrue and shall continue until all	55148
charges are paid, except that no interest charge shall accrue for	55149
or in the month in which such payment was due under such section	55150
or under the circumstances and for the period described in	55151
division (A)(2) of section 5711.33 of the Revised Code or upon	55152
delinquent taxes that are the subject of a delinquent tax contract	55153
entered into pursuant to section 5719.05 of the Revised Code.	55154

The interest charge shall accrue against the balance of such	55155
taxes and any penalty thereon outstanding that remains unpaid on	55156
the last day of each month and shall be at the rate per calendar	55157
month, rounded to the nearest one-hundredth of one per cent, equal	55158
to one-twelfth of the ~~rate per annum prescribed by~~federal	55159
short-term rate determined by the tax commissioner under section	55160
5703.47 of the Revised Code for the calendar year that includes	55161
the month for which the charge accrues. The charge is payable in	55162
addition to the unpaid balance of taxes and penalties on the day	55163
the charge accrues, unless the entire balance is sooner paid.	55164

If a delinquent tax contract becomes void, interest shall be	55165
charged on the day on which the contract becomes void in the	55166
amount that would have been charged had the delinquent tax	55167
contract not been entered into and shall thereafter accrue as	55168
provided in this section.	55169

Interest shall be allowed, at the same rate per calendar	55170
month as is applicable that month for underpayments, on any	55171
overpayment of the tax charged on a general personal property or a	55172
classified property tax duplicate, from the first day of the month	55173
following the date of the overpayment until the last day of the	55174
month preceding the date of the refund of the overpayment. The	55175
interest shall be paid from the fund or funds to which the	55176
overpayment was credited.	55177

When the county treasurer makes the treasurer's annual	55178
settlement with the county auditor under division (D) of section	55179
321.24 of the Revised Code, the treasurer shall certify to the	55180
auditor a list of all entries on the cumulative delinquent tax	55181
duplicate that are at that time in the process of being paid in	55182
installments under a valid delinquent tax contract. For each entry	55183
that appears on the duplicate that is not on the certified list,	55184
the auditor shall compute the full amount of interest charges	55185
which have accrued against such entry since the preceding such	55186
settlement was made and shall include such charges through the	55187
last day of the month preceding the current settlement. The	55188
auditor shall include such amounts on the tax list and duplicates	55189
prepared by the auditor as prescribed in section 5719.04 of the	55190
Revised Code unless the interest is less than one dollar, in which	55191
case it shall not be added to such tax lists and duplicates.	55192

Before the county treasurer accepts any payment of taxes	55193
against which there are accrued interest charges that do not	55194
appear on the delinquent tax duplicate, the treasurer shall notify	55195
the auditor who shall issue a certificate to the treasurer showing	55196
the amount of such interest charges, and the treasurer shall	55197
collect the amount shown on such certificate at the time of	55198
accepting payment of such taxes. If the amount of such interest	55199
charges is less than one dollar, no such certificate shall be	55200
issued. In the case of delinquent personal property taxes, the	55201
interest shown on such certificate shall be credited to the	55202
undivided general tax fund, and distributed in the same manner as	55203
the delinquent taxes upon which the interest charges accrued. In	55204
the case of delinquent classified property taxes, the interest	55205
shown on such certificate shall be credited to the county library	55206
and local government support fund and distributed in accordance	55207
with section 5747.48 of the Revised Code. When the payment of	55208
delinquent taxes is credited on the tax duplicate the treasurer	55209
shall make a separate notation thereon indicating the amount	55210
collected and the index number of the auditor's certificate herein	55211
prescribed.	55212

Sec. 5725.01. As used in sections 5725.01 to 5725.26 of the	55213
Revised Code:	55214

(A) "Financial institution" means:

55215

(1) A national bank organized and existing as a national bank	55216
association pursuant to the "National Bank Act," 12 U.S.C. 21;	55217

(2) A federal savings association or federal savings bank	55218
that is chartered under 12 U.S.C. 1464;	55219

(3) A bank, banking association, trust company, savings and	55220
loan association, savings bank, or other banking institution that	55221
is incorporated or organized under the laws of any state;	55222

(4) Any corporation organized under 12 U.S.C. 611 to 631;

55223

(5) Any agency or branch of a foreign depository as defined	55224
in 12 U.S.C. 3101;	55225

(6) A company licensed as a small business investment company	55226
under the "Small Business Investment Act of 1958," 72 Stat. 689,	55227
15 U.S.C. 66l, as amended; or	55228

(7) A company chartered under the "Farm Credit Act of 1933,"	55229
48 Stat. 257, 12 U.S.C. 1131(d), as amended.	55230

Corporations or institutions organized under the "Federal	55231
Farm Loan Act" and amendments thereto, insurance companies, and	55232
credit unions shall not be considered financial institutions or	55233
dealers in intangibles within the meaning of such sections.	55234

(B) "Dealer in intangibles" includes every person who keeps	55235
an office or other place of business in this state and engages at	55236
such office or other place in the business of lending money, or	55237
discounting, buying, or selling bills of exchange, drafts,	55238
acceptances, notes, mortgages, or other evidences of indebtedness,	55239
or of buying or selling bonds, stocks, or other investment	55240
securities, whether on the person's own account with a view to	55241
profit, or as agent or broker for others, with a view to profit or	55242
personal earnings. Dealer in intangibles excludes institutions	55243
used exclusively for charitable purposes, insurance companies, and	55244
financial institutions. Neither casual nor isolated transactions	55245
of any of the kinds enumerated in this division of this section,	55246
nor the investment of funds as personal accumulations or as	55247
business reserves or working capital constitute engaging in	55248
business within the meaning of this division of this section; but	55249
a person who, having engaged in the business of lending money, or	55250
discounting, buying, or selling bills of exchange, drafts,	55251
acceptances, notes, mortgages, or other evidences of indebtedness	55252
on the person's own account, remains in business for the purpose	55253
of realizing upon the assets of ~~such~~the business is deemed a	55254
dealer in intangibles, though not presently engaged in lending	55255
money or discounting or buying such securities.	55256

(C) "Insurance company" includes every corporation,	55257
association, and society engaged in the business of insurance of	55258
any character, or engaged in the business of entering into	55259
contracts substantially amounting to insurance of any character,	55260
or of indemnifying or guaranteeing against loss or damage, or	55261
acting as surety on bonds or undertakings. "Insurance company"	55262
also includes any health insuring corporation as defined in	55263
section 1751.01 of the Revised Code.	55264

(D) "Domestic insurance company" includes every insurance	55265
company organized and existing under the laws of this state, and	55266
every unincorporated association and society formed under the laws	55267
of this state for the purpose of engaging in said business, except	55268
a company, association, or society that is an insurance holding	55269
company affiliate controlled by a nonresident affiliate and has	55270
risks in this state formerly written by its foreign affiliates in	55271
a total amount exceeding the risks outstanding on the taxpayer's	55272
latest annual report that arise from business initially written by	55273
it in this state; and excludes every foreign insurance company. As	55274
used in this division, terms defined in section 3901.32 of the	55275
Revised Code have the same meanings given to them in that section.	55276

(E) "Foreign insurance company" includes every insurance	55277
company organized or existing under the laws of any other state,	55278
territory, country, or the United States and every insurance	55279
holding company affiliate excepted under division (D) of this	55280
section.	55281

(F) "Credit union" means a nonprofit cooperative financial	55282
institution organized or chartered under the laws of this state,	55283
of another state, or of the United States.	55284

Sec. 5725.19. (A) As used in this section, "tax otherwise	55285
due" means the tax imposed on a domestic insurance company under	55286
section 5725.18 of the Revised Code reduced by the total amount of	55287
all other nonrefundable credits, if any, that the domestic	55288
insurance company is entitled to claim.	55289

(B) Upon the issuance of a tax credit certificate by the Ohio	55290
venture capital authority under section 150.07 of the Revised	55291
Code, a credit may be claimed against the tax imposed on a	55292
domestic insurance company under section 5725.18 of the Revised	55293
Code. The credit shall be claimed in the calendar year specified	55294
in the certificate issued by the authority.	55295

(C) If the company elected a refundable credit under section	55296
150.07 of the Revised Code and if the amount of the credit shown	55297
on the certificate does not exceed the tax otherwise due, then for	55298
the calendar year the company shall claim a refundable credit	55299
equal to the amount of the credit shown on the certificate.	55300

(D) If the company elected a refundable credit under section	55301
150.07 of the Revised Code, and the amount of the credit shown on	55302
the certificate exceeds the tax otherwise due ~~under section~~	55303
~~5725.18 of the Revised Code~~, then for the calendar year the	55304
company ~~may receive a refund equal to seventy-five per cent of~~	55305
~~such excess. If~~shall claim a refundable credit equal to the sum	55306
of the following:	55307

(1) The amount, if any, of the tax otherwise due;

55308

(2) Seventy-five per cent of the difference between the	55309
amount of the refundable credit shown on the certificate and the	55310
tax otherwise due.	55311

(E) If the company elected a nonrefundable credit, the amount	55312
of the credit shown on the certificate shall not exceed the amount	55313
of tax otherwise due. If the company elected a nonrefundable	55314
credit and the credit to which the company would otherwise be	55315
entitled under this section for any calendar year is greater than	55316
the tax otherwise due ~~under section 5725.18 of the Revised Code~~,	55317
the excess shall be allowed as a nonrefundable credit in each of	55318
the ensuing ten calendar years, but the amount of any excess	55319
credit allowed in the ensuing calendar year shall be deducted from	55320
the balance carried forward to the next calendar year.	55321

Sec. 5727.01. As used in this chapter:

55322

(A) "Public utility" means each person referred to as a	55323
telephone company, telegraph company, electric company, natural	55324
gas company, pipe-line company, water-works company, water	55325
transportation company, heating company, rural electric company,	55326
railroad company, or combined company.	55327

(B) "Gross receipts" means the entire receipts for business	55328
done by any person from operations as a public utility, or	55329
incidental thereto, or in connection therewith, including any	55330
receipts received under Chapter 4928. of the Revised Code. The	55331
gross receipts for business done by an incorporated company	55332
engaged in operation as a public utility includes the entire	55333
receipts for business done by such company under the exercise of	55334
its corporate powers, whether from the operation as a public	55335
utility or from any other business.	55336

(C) "Rural electric company" means any nonprofit corporation,	55337
organization, association, or cooperative engaged in the business	55338
of supplying electricity to its members or persons owning an	55339
interest therein in an area the major portion of which is rural.	55340

(D) Any person:

55341

(1) Is a telegraph company when engaged in the business of	55342
transmitting telegraphic messages to, from, through, or in this	55343
state;	55344

(2) Is a telephone company when primarily engaged in the	55345
business of providing local exchange telephone service, excluding	55346
cellular radio service, in this state;	55347

(3) Is an electric company when engaged in the business of	55348
generating, transmitting, or distributing electricity within this	55349
state for use by others, but excludes a rural electric company;	55350

(4) Is a natural gas company when engaged in the business of	55351
supplying or distributing natural gas for lighting, power, or	55352
heating purposes to consumers within this state, excluding a	55353
person that is a governmental aggregator or retail natural gas	55354
supplier as defined in section 4929.01 of the Revised Code;	55355

(5) Is a pipe-line company when engaged in the business of	55356
transporting natural gas, oil, or coal or its derivatives through	55357
pipes or tubing, either wholly or partially within this state;	55358

(6) Is a water-works company when engaged in the business of	55359
supplying water through pipes or tubing, or in a similar manner,	55360
to consumers within this state;	55361

(7) Is a water transportation company when engaged in the	55362
transportation of passengers or property, by boat or other	55363
watercraft, over any waterway, whether natural or artificial, from	55364
one point within this state to another point within this state, or	55365
between points within this state and points without this state;	55366

(8) Is a heating company when engaged in the business of	55367
supplying water, steam, or air through pipes or tubing to	55368
consumers within this state for heating purposes;	55369

(9) Is a railroad company when engaged in the business of	55370
owning or operating a railroad either wholly or partially within	55371
this state on rights-of-way acquired and held exclusively by such	55372
company, or otherwise, and includes a passenger, street, suburban,	55373
or interurban railroad company.	55374

As used in division (D)(2) of this section, "local exchange	55375
telephone service" means making available or furnishing access and	55376
a dial tone to all persons within a local calling area for use in	55377
originating and receiving voice grade communications over a	55378
switched network operated by the provider of the service within	55379
the area and for gaining access to other telecommunication	55380
services.	55381

(E) "Taxable property" means the property required by section	55382
5727.06 of the Revised Code to be assessed by the tax	55383
commissioner, but does not include ~~either of~~ the following:	55384

(1) An item of tangible personal property that for the period	55385
subsequent to the effective date of an air, water, or noise	55386
pollution control certificate and continuing so long as the	55387
certificate is in force, has been certified as part of the	55388
pollution control facility with respect to which the certificate	55389
has been issued;	55390

(2) An item of tangible personal property that during the	55391
construction of a plant or facility and until the item is first	55392
capable of operation, whether actually used in operation or not,	55393
is incorporated in or being held exclusively for incorporation in	55394
that plant or facility;	55395

(3) For tax year 2006 and thereafter, documented costs for	55396
drawings used by a public utility or interexchange	55397
telecommunications company to provide its public utility or	55398
interexchange telecommunication service. Division (E)(3) of this	55399
section does not apply to an electric company or a combined	55400
company engaged in the activity of an electric company.	55401

(F) "Taxing district" means a municipal corporation of	55402
township, or part thereof, in which the aggregate rate of taxation	55403
is uniform.	55404

(G) "Telecommunications service" has the same meaning as in	55405
division (AA) of section 5739.01 of the Revised Code.	55406

(H) "Interexchange telecommunications company" means a person	55407
that is engaged in the business of transmitting telephonic	55408
messages to, from, through, or in this state, but that is not a	55409
telephone company.	55410

(I) "Sale and leaseback transaction" means a transaction in	55411
which a public utility or interexchange telecommunications company	55412
sells any tangible personal property to a person other than a	55413
public utility or interexchange telecommunications company and	55414
leases that property back from the buyer.	55415

(J) "Production equipment" means all taxable steam, nuclear,	55416
hydraulic, and other production plant equipment used to generate	55417
electricity. For tax years prior to 2001, "production equipment"	55418
includes taxable station equipment that is located at a production	55419
plant.	55420

(K) "Tax year" means the year for which property or gross	55421
receipts are subject to assessment under this chapter. This	55422
division does not limit the tax commissioner's ability to assess	55423
and value property or gross receipts outside the tax year.	55424

(L) "Combined company" means any person engaged in the	55425
activity of an electric company or rural electric company that is	55426
also engaged in the activity of a heating company or a natural gas	55427
company, or any combination thereof.	55428

Sec. 5727.02. As used in this chapter, "public utility,"	55429
"electric company," "natural gas company," "pipe-line company,"	55430
"water-works company," "water transportation company" or "heating	55431
company" does not include any of the following:	55432

(A) ~~Any~~(1) Except as provided in division (A)(2) of this	55433
section, any person that is engaged in some other primary business	55434
to which the supplying of electricity, heat, natural gas, water,	55435
water transportation, steam, or air to others is incidental. As	55436
used in ~~this~~ division (A) of this section and in section 5727.031	55437
of the Revised Code, "supplying of electricity" means generating,	55438
transmitting, or distributing electricity.	55439

(2) For tax year 2006 and each tax year thereafter, a person	55440
that is engaged in some other primary business to which the	55441
supplying of electricity to others is incidental shall be treated	55442
as an "electric company" and a "public utility" for purposes of	55443
this chapter solely to the extent required by section 5727.031 of	55444
the Revised Code.	55445

(B) Any person that supplies electricity, natural gas, water,	55446
water transportation, steam, or air to its tenants, whether for a	55447
separate charge or otherwise;	55448

(C) Any person whose primary business in this state consists	55449
of producing, refining, or marketing petroleum or its products.	55450

(D) Any person whose primary business in this state consists	55451
of producing or gathering natural gas rather than supplying or	55452
distributing natural gas to consumers.	55453

Sec. 5727.031. (A) For tax year 2006 and each tax year	55454
thereafter, a person that is engaged in some other primary	55455
business to which the supplying of electricity to others is	55456
incidental shall file a report under section 5727.08 of the	55457
Revised Code as an electric company but shall only report therein	55458
as taxable property the amounts required in divisions (B) and (C)	55459
of this section. All time limits and other procedural requirements	55460
of this chapter for the reporting and assessment of property of	55461
electric companies apply to persons required to file a report	55462
under this section.	55463

(B) A person subject to this section shall report the true	55464
value of the boilers, machinery, equipment, and any personal	55465
property used to supply electricity to others, which shall be the	55466
sum of the following:	55467

(1) The true value of the property that is production	55468
equipment as it would be determined for an electric company under	55469
section 5727.11 of the Revised Code multiplied by the per cent of	55470
the electricity generated in the preceding calendar year that was	55471
not used by the person who generated it; plus	55472

(2) The true value of the property that is not production	55473
equipment as it would be determined for an electric company under	55474
section 5727.11 of the Revised Code multiplied by the per cent of	55475
the electricity generated in the preceding calendar year that was	55476
not used by the person who generated it.	55477

(C) The property reported under division (B) of this section	55478
shall be listed and assessed at an amount equal to the sum of the	55479
products determined under divisions (C)(1) and (2) of this	55480
section.	55481

(1) Multiply the portion of the true value determined under	55482
division (B)(1) of this section by the assessment rate in section	55483
5727.111 of the Revised Code that is applicable to the production	55484
equipment of an electric company;	55485

(2) Multiply the portion of the true value determined under	55486
division (B)(2) of this section by the assessment rate in section	55487
5727.111 of the Revised Code that is applicable to the property of	55488
an electric company that is not production equipment.	55489

Sec. 5727.06. (A) Except as otherwise provided by law, the	55490
following constitutes the taxable property of a public utility or	55491
interexchange telecommunications company that shall be assessed by	55492
the tax commissioner:	55493

(1) For tax years before tax year 2006:

55494

(a) In the case of a railroad company, all real property and	55495
tangible personal property owned or operated by the railroad	55496
company in this state on the thirty-first day of December of the	55497
preceding year;	55498

~~(2)~~(b) In the case of a water transportation company, all	55499
tangible personal property, except watercraft, owned or operated	55500
by the water transportation company in this state on the	55501
thirty-first day of December of the preceding year and all	55502
watercraft owned or operated by the water transportation company	55503
in this state during the preceding calendar year;	55504

~~(3)~~(c) In the case of all other public utilities and	55505
interexchange telecommunications companies, all tangible personal	55506
property that on the thirty-first day of December of the preceding	55507
year was both located in this state and:	55508

~~(a)~~(i) Owned by the public utility or interexchange	55509
telecommunications company; or	55510

~~(b)~~(ii) Leased by the public utility or interexchange	55511
telecommunications company under a sale and leaseback transaction.	55512

(2) For tax year 2006 and each tax year thereafter:

55513

(a) In the case of a railroad company, all real property and	55514
tangible personal property owned, leased, or operated by the	55515
railroad company in this state on the thirty-first day of December	55516
of the preceding year;	55517

(b) In the case of a water transportation company, all	55518
tangible personal property, except watercraft, owned, leased, or	55519
operated by the water transportation company in this state on the	55520
thirty-first day of December of the preceding year and all	55521
watercraft owned, leased, or operated by the water transportation	55522
company in this state during the preceding calendar year;	55523

(c) In the case of all other public utilities and	55524
interexchange telecommunications companies, all tangible personal	55525
property owned, leased, or operated by the public utility or	55526
interexchange telecommunications company in this state on the	55527
thirty-first day of December of the preceding year.	55528

(d) Tangible personal property owned by one public utility or	55529
interexchange telecommunications company in this state and leased	55530
or operated by another public utility or interexchange	55531
telecommunications company in this state shall be taxable property	55532
of the public utility or interexchange telecommunications company	55533
the property is leased or operated by and shall not be taxable	55534
property of the public utility or interexchange telecommunications	55535
company the property is owned by.	55536

(B) In the case of an interexchange telecommunications	55537
company, all taxable property shall be subject to the provisions	55538
of this chapter and shall be valued by the commissioner in	55539
accordance with division (A) of section 5727.11 of the Revised	55540
Code. A person described by this division shall file the report	55541
required by section 5727.08 of the Revised Code. Persons described	55542
in this division shall not be considered taxpayers, as defined in	55543
division (B) of section 5711.01 of the Revised Code, and shall not	55544
be required to file a return and list their taxable property under	55545
any provision of Chapter 5711. of the Revised Code.	55546

(C) The lien of the state for taxes levied each year on the	55547
real and personal property of public utilities and interexchange	55548
telecommunications companies shall attach thereto on the	55549
thirty-first day of December of the preceding year.	55550

(D) Property that is required by division (A)(3)(b) of this	55551
section to be assessed by the tax commissioner under this chapter	55552
shall not be listed by the owner of the property under Chapter	55553
5711. of the Revised Code.	55554

(E) The tax commissioner may adopt rules governing the	55555
listing of the taxable property of public utilities and	55556
interexchange telecommunications companies and the determination	55557
of true value.	55558

Sec. 5727.10. Annually, the tax commissioner shall	55559
determine, in accordance with section 5727.11 of the Revised Code,	55560
the true value in money of all taxable property required by	55561
division (A)(2) ~~or (3)~~(a), (b), (c), or (d) of section 5727.06 of	55562
the Revised Code to be assessed by the commissioner. The	55563
commissioner also shall determine the total taxable value of such	55564
property based on the percentages of true value at which the	55565
property is required to be assessed by section 5727.111 of the	55566
Revised Code.	55567

The commissioner shall be guided by the information contained	55568
in the report filed by the public utility and such other evidence	55569
and rules as will enable ~~him~~the commissioner to make these	55570
determinations.	55571

Before issuing the preliminary assessment under section	55572
5727.23 of the Revised Code, the commissioner shall notify each	55573
public utility of the proposed total taxable value of its taxable	55574
property, including any proposed penalty. After receiving such	55575
notice, a public utility may, upon written application, within the	55576
time prescribed by the commissioner, appear before ~~him~~the	55577
commissioner and be heard in the matter of the proposal. The	55578
commissioner may, on the application of a public utility, or on	55579
~~his~~the commissioner's own motion, correct the proposal.	55580

Sec. 5727.11. (A) Except as otherwise provided in this	55581
section, the true value of all taxable property required by	55582
division (A)(2) ~~or (3)~~(a), (b), (c), or (d) of section 5727.06 of	55583
the Revised Code to be assessed by the tax commissioner shall be	55584
determined by a method of valuation using cost as capitalized on	55585
the public utility's books and records less composite annual	55586
allowances as prescribed by the commissioner. If the commissioner	55587
finds that application of this method will not result in the	55588
determination of true value of the public utility's taxable	55589
property, the commissioner may use another method of valuation.	55590

(B)(1) Except as provided in division (B)(2) of this section,	55591
the true value of current gas stored underground is the cost of	55592
that gas shown on the books and records of the public utility on	55593
the thirty-first day of December of the preceding year.	55594

(2) For tax year 2001 and thereafter, the true value of	55595
current gas stored underground is the quotient obtained by	55596
dividing (a) the average value of the current gas stored	55597
underground, which shall be determined by adding the value of the	55598
gas on hand at the end of each calendar month in the calendar year	55599
preceding the tax year, or, if applicable, the last day of	55600
business of each month for a partial month, divided by (b) the	55601
total number of months the natural gas company was in business	55602
during the calendar year prior to the beginning of the tax year.	55603
with the approval of the tax commissioner, a natural gas company	55604
may use a date other than the end of a calendar month to value its	55605
current gas stored underground.	55606

(C) The true value of noncurrent gas stored underground is	55607
thirty-five per cent of the cost of that gas shown on the books	55608
and records of the public utility on the thirty-first day of	55609
December of the preceding year.	55610

(D)(1) Except as provided in division (D)(2) of this section,	55611
the true value of the production equipment of an electric company	55612
and the true value of all taxable property of a rural electric	55613
company is the equipment's or property's cost as capitalized on	55614
the company's books and records less fifty per cent of that cost	55615
as an allowance for depreciation and obsolescence.	55616

(2) The true value of the production equipment of an electric	55617
company or rural electric company purchased, transferred, or	55618
placed into service after the effective date of this amendment is	55619
the purchase price of the equipment as capitalized on the	55620
company's books and records less composite annual allowances as	55621
prescribed by the tax commissioner.	55622

(E) The true value of taxable property described in division	55623
(A)(2) ~~or (3)~~(a), (b), (c), or (d) of section 5727.06 of the	55624
Revised Code shall not include the allowance for funds used during	55625
construction or interest during construction that has been	55626
capitalized on the public utility's books and records as part of	55627
the total cost of the taxable property. This division shall not	55628
apply to the taxable property of an electric company or a rural	55629
electric company, excluding transmission and distribution	55630
property, first placed into service after December 31, 2000, or to	55631
the taxable property a person purchases, which includes transfers,	55632
if that property was used in business by the seller prior to the	55633
purchase.	55634

(F) The true value of watercraft owned or operated by a water	55635
transportation company shall be determined by multiplying the true	55636
value of the watercraft as determined under division (A) of this	55637
section by a fraction, the numerator of which is the number of	55638
revenue-earning miles traveled by the watercraft in the waters of	55639
this state and the denominator of which is the number of	55640
revenue-earning miles traveled by the watercraft in all waters.	55641

(G) The cost of property subject to a sale and leaseback	55642
transaction is the cost of the property as capitalized on the	55643
books and records of the public utility owning the property	55644
immediately prior to the sale and leaseback transaction.	55645

(H) The cost as capitalized on the books and records of a	55646
public utility includes amounts capitalized that represent	55647
regulatory assets, if such amounts previously were included on the	55648
company's books and records as capitalized costs of taxable	55649
personal property.	55650

(I) Any change in the composite annual allowances as	55651
prescribed by the commissioner on a prospective basis shall not be	55652
admissible in any judicial or administrative action or proceeding	55653
as evidence of value with regard to prior years' taxes.	55654
Information about the business, property, or transactions of any	55655
taxpayer obtained by the commissioner for the purpose of adopting	55656
or modifying the composite annual allowances shall not be subject	55657
to discovery or disclosure.	55658

Sec. 5727.111. The taxable property of each public utility,	55659
except a railroad company, and of each interexchange	55660
telecommunications company shall be assessed at the following	55661
percentages of true value:	55662

(A)~~(1) Except as provided in division (A)(2) of this section,~~	55663
~~fifty per cent in the case of a rural electric company;~~	55664

~~(2) For tax year 2001 and thereafter, fifty~~Fifty per cent in	55665
the case of the taxable transmission and distribution property of	55666
a rural electric company, and twenty-five per cent for all its	55667
other taxable property;	55668

(B) In the case of a telephone or telegraph company,	55669
twenty-five per cent for taxable property first subject to	55670
taxation in this state for tax year 1995 or thereafter, and the	55671
following for all other taxable property:	55672

(1) For tax years prior to 2005, eighty-eight per cent;

55673

(2) For tax year 2005, sixty-seven per cent;

55674

(3) For tax year 2006, forty-six per cent;

55675

(4) For tax year 2007 and thereafter, twenty-five per cent.

55676

(C) Twenty-five per cent in the case of a natural gas	55677
company.	55678

(D) Eighty-eight per cent in the case of a pipe-line,	55679
water-works, or heating company;	55680

(E)(1) ~~Except as provided in division (E)(2) or (3) of this~~	55681
~~section, one hundred per cent in the case of the taxable~~	55682
~~production equipment of an electric company and eighty-eight per~~	55683
~~cent for all its other taxable property;~~	55684

~~(2)~~ For tax year ~~2001 and thereafter~~2005, eighty-eight per	55685
cent in the case of the taxable transmission and distribution	55686
property of an electric company, and twenty-five per cent for all	55687
its other taxable property;	55688

~~(3) Property listed and assessed under divisions (B)(1) and~~	55689
~~(2) of section 5711.22 of the Revised Code and leased to an~~	55690
~~electric company shall continue to be assessed at one hundred per~~	55691
~~cent for production equipment and eighty-eight~~(2) For tax year	55692
2006 and each tax year thereafter, eighty-five per cent in the	55693
case of the taxable transmission and distribution property of an	55694
electric company, and twenty-four per cent for all ~~such~~its other	55695
taxable property ~~until January 1, 2002~~.	55696

(F) Twenty-five per cent in the case of an interexchange	55697
telecommunications company;	55698

(G) Twenty-five per cent in the case of a water	55699
transportation company.	55700

Sec. 5727.12. As used in this chapter, "property used in	55701
railroad operations" means property used in or determined by the	55702
tax commissioner to be held by a railroad for use in railroad	55703
operations. In determining the true value of all real and personal	55704
property owned or leased by each railroad company and used in	55705
railroad operations, the commissioner shall use the unitary method	55706
and value all of the property of the company's railroad system as	55707
a whole, considering the factors generally used in that method,	55708
and weighing each factor appropriately. The true value of the	55709
property used in railroad operations shall be apportioned to this	55710
state as provided in section 5727.14 of the Revised Code. The	55711
commissioner shall separately determine the true value of property	55712
owned by the company that the commissioner determines is not used	55713
in railroad operations. The commissioner may require the advice of	55714
county auditors concerning such values.	55715

All property of a railroad shall be assessed for taxation at	55716
the same percentage of true value at which all other real property	55717
in this state is assessed, in the case of real property, and at	55718
the percentage of true value provided under divisions (E) ~~and~~,	55719
(F), and (G) of section 5711.22 of the Revised Code, in the case	55720
of personal property.	55721

A determination of the value of each tract, lot, or parcel of	55722
real property or each item of personal property not used in	55723
railroad operations shall be considered a separate determination	55724
with respect to which a separate petition for reassessment may be	55725
filed under section 5727.47 of the Revised Code.	55726

Where a line of railroad is subsidized under the terms of the	55727
federal regional rail reorganization act or the federal rail	55728
revitalization and regulatory reform act, the real and other fixed	55729
property shall be assessed solely in the name of its owner.	55730

Sec. 5727.241. (A) As used in this section:

55731

(1) "Tax otherwise due" means the tax imposed on a taxpayer	55732
under section 5727.24 of the Revised Code reduced by the total	55733
amount of all other nonrefundable credits, if any, that the	55734
taxpayer is entitled to claim.	55735

(2) "Taxpayer" means any person subject to the tax imposed by	55736
section 5727.24 of the Revised Code.	55737

(B) Upon the issuance of a tax credit certificate by the Ohio	55738
venture capital authority under section 150.07 of the Revised	55739
Code, a credit may be claimed against the tax imposed on a	55740
taxpayer under section 5727.24 of the Revised Code. The credit	55741
shall be claimed in the calendar year specified in the certificate	55742
issued by the authority.	55743

(C) If the taxpayer elected a refundable credit under section	55744
150.07 of the Revised Code and if the amount of the credit shown	55745
on the certificate does not exceed the tax otherwise due, then for	55746
the calendar year the taxpayer shall claim a refundable credit	55747
equal to the amount of the credit shown on the certificate.	55748

(D) If the taxpayer elected a refundable credit under section	55749
150.07 of the Revised Code, and if the amount of the refundable	55750
credit shown on the certificate exceeds the tax otherwise due,	55751
then for the calendar year the taxpayer shall claim a refundable	55752
credit equal to the sum of the following:	55753

(1) The amount, if any, of the tax otherwise due;

55754

(2) Seventy-five per cent of the difference between the	55755
amount of the refundable credit shown on the certificate and the	55756
tax otherwise due.	55757

(E) If the taxpayer elected a nonrefundable credit under	55758
section 150.07 of the Revised Code and if the nonrefundable credit	55759
to which the taxpayer would otherwise be entitled under this	55760
section for any calendar year is greater than the tax otherwise	55761
due, the excess shall be allowed as a nonrefundable credit in each	55762
of the ensuing ten calendar years, but the amount of any excess	55763
nonrefundable credit allowed in the ensuing calendar year shall be	55764
deducted from the balance carried forward to the next calendar	55765
year.	55766

Sec. 5727.81. (A) For the purpose of raising revenue for	55767
public education and state and local government operations, an	55768
excise tax is hereby levied and imposed on an electric	55769
distribution company for all electricity distributed by such	55770
company ~~beginning with the measurement period that includes May 1,~~	55771
~~2001~~, at the following rates per kilowatt hour of electricity	55772
distributed in a thirty-day period by the company through a meter	55773
of an end user in this state:	55774

KILOWATT HOURS DISTRIBUTED	RATE PER	55775
TO AN END USER	KILOWATT HOUR	55776
For the first 2,000	$.~~00465~~ 00605	55777
For the next 2,001 to 15,000	$.~~00419~~ 00545	55778
For 15,001 and above	$.~~00363~~ 00472	55779

If no meter is used to measure the kilowatt hours of	55780
electricity distributed by the company, the rates shall apply to	55781
the estimated kilowatt hours of electricity distributed to an	55782
unmetered location in this state.	55783

The electric distribution company shall base the monthly tax	55784
on the kilowatt hours of electricity distributed to an end user	55785
through the meter of the end user that is not measured for a	55786
thirty-day period by dividing the days in the measurement period	55787
into the total kilowatt hours measured during the measurement	55788
period to obtain a daily average usage. The tax shall be	55789
determined by obtaining the sum of divisions (A)(1), (2), and (3)	55790
of this section and multiplying that amount by the number of days	55791
in the measurement period:	55792

(1) Multiplying $~~0.00465~~.00605 per kilowatt hour for the	55793
first sixty-seven kilowatt hours distributed using a daily	55794
average;	55795

(2) Multiplying $~~0.00419~~.00545 for the next sixty-eight to	55796
five hundred kilowatt hours distributed using a daily average;	55797

(3) Multiplying $~~0.00363~~.00472 for the remaining kilowatt	55798
hours distributed using a daily average.	55799

~~Until January 1, 2003, except as provided in division (C) of~~	55800
~~this section, the electric distribution company shall pay the tax~~	55801
~~to the treasurer of state in accordance with section 5727.82 of~~	55802
~~the Revised Code. Beginning January 1, 2003, except~~Except as	55803
provided in division (C) of this section, the electric	55804
distribution company shall pay the tax to the tax commissioner in	55805
accordance with section 5727.82 of the Revised Code, unless	55806
required to remit each tax payment by electronic funds transfer to	55807
the treasurer of state in accordance with section 5727.83 of the	55808
Revised Code.	55809

Only the distribution of electricity through a meter of an	55810
end user in this state shall be used by the electric distribution	55811
company to compute the amount or estimated amount of tax due. In	55812
the event a meter is not actually read for a measurement period,	55813
the estimated kilowatt hours distributed by an electric	55814
distribution company to bill for its distribution charges shall be	55815
used.	55816

(B) Except as provided in division (C) of this section, each	55817
electric distribution company shall pay the tax imposed by this	55818
section in all of the following circumstances:	55819

(1) The electricity is distributed by the company through a	55820
meter of an end user in this state;	55821

(2) The company is distributing electricity through a meter	55822
located in another state, but the electricity is consumed in this	55823
state in the manner prescribed by the tax commissioner;	55824

(3) The company is distributing electricity in this state	55825
without the use of a meter, but the electricity is consumed in	55826
this state as estimated and in the manner prescribed by the tax	55827
commissioner.	55828

(C)(1) As used in division (C) of this section:

55829

(a) "Total price of electricity" means the aggregate value in	55830
money of anything paid or transferred, or promised to be paid or	55831
transferred, to obtain electricity or electric service, including	55832
but not limited to the value paid or promised to be paid for the	55833
transmission or distribution of electricity and for transition	55834
costs as described in Chapter 4928. of the Revised Code.	55835

(b) "Package" means the provision or the acquisition, at a	55836
combined price, of electricity with other services or products, or	55837
any combination thereof, such as natural gas or other fuels;	55838
energy management products, software, and services; machinery and	55839
equipment acquisition; and financing agreements.	55840

(c) "Single location" means a facility located on contiguous	55841
property separated only by a roadway, railway, or waterway.	55842

(2) Division (C) of this section applies to any commercial or	55843
industrial purchaser's receipt of electricity through a meter of	55844
an end user in this state or through more than one meter at a	55845
single location in this state in a quantity that exceeds	55846
forty-five million kilowatt hours of electricity over the course	55847
of the preceding calendar year, or any commercial or industrial	55848
purchaser that will consume more than forty-five million kilowatt	55849
hours of electricity over the course of the succeeding twelve	55850
months as estimated by the tax commissioner. The tax commissioner	55851
shall make such an estimate upon the written request byof an	55852
applicant for registration as a self-assessing purchaser under	55853
this division. Such a purchaser may elect to self-assess the	55854
excise tax imposed by this section at the rate of $.00075 per	55855
kilowatt hour on the first five hundred four million kilowatt	55856
hours distributed to that meter or location during the	55857
registration year, and ~~four~~five per cent of the total price of	55858
all electricity distributed to that meter or location. A qualified	55859
end user that receives electricity through a meter of an end user	55860
in this state or through more than one meter at a single location	55861
in this state and that consumes, over the course of the previous	55862
calendar year, more than forty-five million kilowatt hours in	55863
other than its qualifying manufacturing process, may elect to	55864
self-assess the tax as allowed by this division with respect to	55865
the electricity used in other than its qualifying manufacturing	55866
process. ~~Until January 1, 2003, payment of the tax shall be made~~	55867
~~directly to the treasurer of state in accordance with divisions~~	55868
~~(A)(4) and (5) of section 5727.82 of the Revised Code. Beginning~~	55869
~~January 1, 2003, payment~~Payment of the tax shall be made directly	55870
to the tax commissioner in accordance with divisions (A)(4) and	55871
(5) of section 5727.82 of the Revised Code, or the treasurer of	55872
state in accordance with section 5727.83 of the Revised Code. If	55873
the electric distribution company serving the self-assessing	55874
purchaser is a municipal electric utility and the purchaser is	55875
within the municipal corporation's corporate limits, payment of	55876
the portion of the tax described in division (A)(3)(a) of section	55877
5727.82 of the Revised Code shall be made to such municipal	55878
corporation's general fund and reports shall be filed in	55879
accordance with divisions (A)(4) and (5) of section 5727.82 of the	55880
Revised Code, except that "municipal corporation" shall be	55881
substituted for "treasurer of state" and "tax commissioner." The	55882
remainder of the tax shall be paid directly to the tax	55883
commissioner in accordance with divisions (A)(4) and (5) of	55884
section 5727.82 of the Revised Code, or the treasurer of state in	55885
accordance with section 5727.83 of the Revised Code. A	55886
self-assessing purchaser that pays the excise tax as provided in	55887
this division shall not be required to pay the tax to the electric	55888
distribution company from which its electricity is distributed. If	55889
a self-assessing purchaser's receipt of electricity is not subject	55890
to the tax as measured under this division, the tax on the receipt	55891
of such electricity shall be measured and paid as provided in	55892
division (A) of this section.	55893

(3) In the case of the acquisition of a package, unless the	55894
elements of the package are separately stated isolating the total	55895
price of electricity from the price of the remaining elements of	55896
the package, the tax imposed under this section applies to the	55897
entire price of the package. If the elements of the package are	55898
separately stated, the tax imposed under this section applies to	55899
the total price of the electricity.	55900

(4) Any electric supplier that sells electricity as part of a	55901
package shall separately state to the purchaser the total price of	55902
the electricity and, upon request by the tax commissioner, the	55903
total price of each of the other elements of the package.	55904

(5) The tax commissioner may adopt rules relating to the	55905
computation of the total price of electricity with respect to	55906
self-assessing purchasers, which may include rules to establish	55907
the total price of electricity purchased as part of a package.	55908

(6) An annual application for registration as a	55909
self-assessing purchaser shall be made for each qualifying meter	55910
or location on a form prescribed by the tax commissioner. The	55911
registration year begins on the first day of May and ends on the	55912
following thirtieth day of April. Persons may apply after the	55913
first day of May for the remainder of the registration year. In	55914
the case of an applicant applying on the basis of an estimated	55915
consumption of forty-five million kilowatt hours over the course	55916
of the succeeding twelve months, the applicant shall provide such	55917
information as the tax commissioner considers to be necessary to	55918
estimate such consumption. At the time of making the application	55919
and by the first day of May of each year, ~~excluding May 1, 2000,~~ a	55920
self-assessing purchaser shall pay a fee of five hundred dollars	55921
to the tax commissioner, or to the treasurer of state as provided	55922
in section 5727.83 of the Revised Code, for each qualifying meter	55923
or location. The tax commissioner shall immediately pay to the	55924
treasurer of state all amounts that the tax commissioner receives	55925
under this section. The treasurer of state shall deposit such	55926
amounts into the kilowatt hour excise tax administration fund,	55927
which is hereby created in the state treasury. Money in the fund	55928
shall be used to defray the tax commissioner's cost in	55929
administering the tax owed under section 5727.81 of the Revised	55930
Code by self-assessing purchasers. After the application is	55931
approved by the tax commissioner, the registration shall remain in	55932
effect for the current registration year, or until canceled by the	55933
registrant upon written notification to the commissioner of the	55934
election to pay the tax in accordance with division (A) of this	55935
section, or until canceled by the tax commissioner for not paying	55936
the tax or fee under division (C) of this section or for not	55937
meeting the qualifications in division (C)(2) of this section. The	55938
tax commissioner shall give written notice to the electric	55939
distribution company from which electricity is delivered to a	55940
self-assessing purchaser of the purchaser's self-assessing status,	55941
and the electric distribution company is relieved of the	55942
obligation to pay the tax imposed by division (A) of this section	55943
for electricity distributed to that self-assessing purchaser until	55944
it is notified by the tax commissioner that the self-assessing	55945
purchaser's registration is canceled. Within fifteen days of	55946
notification of the canceled registration, the electric	55947
distribution company shall be responsible for payment of the tax	55948
imposed by division (A) of this section on electricity distributed	55949
to a purchaser that is no longer registered as a self-assessing	55950
purchaser. A self-assessing purchaser with a canceled registration	55951
must file a report and remit the tax imposed by division (A) of	55952
this section on all electricity it receives for any measurement	55953
period prior to the tax being reported and paid by the electric	55954
distribution company. A self-assessing purchaser whose	55955
registration is canceled by the tax commissioner is not eligible	55956
to register as a self-assessing purchaser for two years after the	55957
registration is canceled.	55958

(7) If the tax commissioner cancels the self-assessing	55959
registration of a purchaser registered on the basis of its	55960
estimated consumption because the purchaser does not consume at	55961
least forty-five million kilowatt hours of electricity over the	55962
course of the twelve-month period for which the estimate was made,	55963
the tax commissioner shall assess and collect from the purchaser	55964
the difference between (a) the amount of tax that would have been	55965
payable under division (A) of this section on the electricity	55966
distributed to the purchaser during that period, and (b) the	55967
amount of tax paid by the purchaser on such electricity pursuant	55968
to division (C)(2)(a) of this section. The assessment shall be	55969
paid within sixty days after the tax commissioner issues it,	55970
regardless of whether the purchaser files a petition for	55971
reassessment under section 5727.89 of the Revised Code covering	55972
that period. If the purchaser does not pay the assessment within	55973
the time prescribed, the amount assessed is subject to the	55974
additional charge and the interest prescribed by divisions (B) and	55975
(C) of section 5727.82 of the Revised Code, and is subject to	55976
assessment under section 5727.89 of the Revised Code. If the	55977
purchaser is a qualified end user, division (C)(7) of this section	55978
applies only to electricity it consumes in other than its	55979
qualifying manufacturing process.	55980

(D) The tax imposed by this section does not apply to the	55981
distribution of any kilowatt hours of electricity to the federal	55982
government, to an end user located at a federal facility that uses	55983
electricity for the enrichment of uranium, to a qualified	55984
regeneration meter, or to an end user for any day the end user is	55985
a qualified end user. The exemption under this division for a	55986
qualified end user only applies to the manufacturing location	55987
where the qualified end user uses more than three million kilowatt	55988
hours per day in a qualifying manufacturing process.	55989

Sec. 5727.82. (A)(1) Except as provided in divisions (A)(3)	55990
and (D) of this section, by the twentieth day of each month, each	55991
electric distribution company required to pay the tax imposed by	55992
section 5727.81 of the Revised Code shall file with the tax	55993
commissioner a return as prescribed by the tax commissioner and	55994
shall make payment of the full amount of tax due for the preceding	55995
month. The first payment of this tax shall be made on or before	55996
June 20, 2001. The electric distribution company shall make	55997
payment to the tax commissioner unless required to remit each tax	55998
payment by electronic funds transfer to the treasurer of state as	55999
provided in section 5727.83 of the Revised Code.	56000

(2) By the twentieth day of May, August, November, and	56001
February, each natural gas distribution company required to pay	56002
the tax imposed by section 5727.811 of the Revised Code shall file	56003
with the tax commissioner a return as prescribed by the tax	56004
commissioner and shall make payment to the tax commissioner, or to	56005
the treasurer of state as provided in section 5727.83 of the	56006
Revised Code, of the full amount of tax due for the preceding	56007
quarter. The first payment of this tax shall be made on or before	56008
November 20, 2001, for the quarter ending September 30, 2001.	56009

(3)(a) If the electric distribution company required to pay	56010
the tax imposed by section 5727.81 of the Revised Code is a	56011
municipal electric utility, it may retain in its general fund that	56012
portion of the tax on the kilowatt hours distributed to end users	56013
located within the boundaries of the municipal corporation, but	56014
only that portion of the tax that was imposed by division (A) or	56015
(C)(2) of section 5727.81 of the Revised Code as those divisions	56016
existed prior to their amendment by H.B. 66 of the 126th general	56017
assembly. ~~However, the~~	56018

(b) The municipal electric utility shall make payment in	56019
accordance with division (A)(1) of this section of the tax due on	56020
the kilowatt hours distributed to end users located outside the	56021
boundaries of the municipal corporation, and of the remainder of	56022
the tax due under division (A)(3)(a) of this section that was not	56023
retained in the general fund of the municipal electric utility.	56024

(4) By the twentieth day of each month, each self-assessing	56025
purchaser that under division (C) of section 5727.81 of the	56026
Revised Code pays directly to the tax commissioner or the	56027
treasurer of state the tax imposed by section 5727.81 of the	56028
Revised Code shall file with the tax commissioner a return as	56029
prescribed by the tax commissioner and shall make payment of the	56030
full amount of the tax due for the preceding month.	56031

(5) As prescribed by the tax commissioner, a return shall be	56032
signed by the company or self-assessing purchaser required to file	56033
it, or an authorized employee, officer, or agent of the company or	56034
purchaser. The return shall be deemed filed when received by the	56035
tax commissioner.	56036

(B) Any natural gas distribution company, electric	56037
distribution company, or self-assessing purchaser required by this	56038
section to file a return who fails to file it and pay the tax	56039
within the period prescribed shall pay an additional charge of	56040
fifty dollars or ten per cent of the tax required to be paid for	56041
the reporting period, whichever is greater. The tax commissioner	56042
may collect the additional charge by assessment pursuant to	56043
section 5727.89 of the Revised Code. The commissioner may abate	56044
all or a portion of the additional charge and may adopt rules	56045
governing such abatements.	56046

(C) If any tax due is not paid timely in accordance with this	56047
section, the natural gas distribution company, electric	56048
distribution company, or self-assessing purchaser liable for the	56049
tax shall pay interest, calculated at the rate per annum	56050
prescribed by section 5703.47 of the Revised Code, from the date	56051
the tax payment was due to the date of payment or to the date an	56052
assessment is issued, whichever occurs first. Interest shall be	56053
paid in the same manner as the tax, and the commissioner may	56054
collect the interest by assessment pursuant to section 5727.89 of	56055
the Revised Code.	56056

(D) Not later than the tenth day of each month, a qualified	56057
end user not making the election to self-assess under division (C)	56058
of section 5727.81 of the Revised Code shall report in writing to	56059
the electric distribution company that distributes electricity to	56060
the end user the kilowatt hours that were consumed as a qualified	56061
end user in a qualifying manufacturing process for the prior month	56062
and the number of days, if any, on which the end user was not a	56063
qualified end user. For each calendar day during that month, a	56064
qualified end user shall report the kilowatt hours that were not	56065
used in a qualifying manufacturing process. For each calendar day	56066
the end user was not a qualified end user, the end user shall	56067
report in writing to the electric distribution company the total	56068
number of kilowatt hours used on that day, and the electric	56069
distribution company shall pay the tax imposed under section	56070
5727.81 of the Revised Code on each kilowatt hour that was not	56071
distributed to a qualified end user in a qualifying manufacturing	56072
process. The electric distribution company may rely in good faith	56073
on a qualified end user's report filed under this division. If it	56074
is determined that the end user was not a qualified end user for	56075
any calendar day or the quantity of electricity used by the	56076
qualified end user in a qualifying manufacturing process was	56077
overstated, the tax commissioner shall assess and collect any tax	56078
imposed under section 5727.81 of the Revised Code directly from	56079
the qualified end user. As requested by the commissioner, each end	56080
user reporting to an electric distribution company that it is a	56081
qualified end user shall provide documentation to the commissioner	56082
that establishes the volume of electricity consumed daily by the	56083
qualified end user and the total number of kilowatt hours consumed	56084
in a qualifying manufacturing process.	56085

(E) The tax commissioner shall immediately pay to the	56086
treasurer of state all amounts that the tax commissioner receives	56087
under this section. The treasurer of state shall credit such	56088
amounts in accordance with this chapter.	56089

Sec. 5727.84. (A) As used in this section and sections	56090
5727.85, 5727.86, and 5727.87 of the Revised Code:	56091

(1) "School district" means a city, local, or exempted	56092
village school district.	56093

(2) "Joint vocational school district" means a joint	56094
vocational school district created under section 3311.16 of the	56095
Revised Code, and includes a cooperative education school district	56096
created under section 3311.52 or 3311.521 of the Revised Code and	56097
a county school financing district created under section 3311.50	56098
of the Revised Code.	56099

(3) "Local taxing unit" means a subdivision or taxing unit,	56100
as defined in section 5705.01 of the Revised Code, a park district	56101
created under Chapter 1545. of the Revised Code, or a township	56102
park district established under section 511.23 of the Revised	56103
Code, but excludes school districts and joint vocational school	56104
districts.	56105

(4) "State education aid" means the sum of state aid amounts	56106
computed for a school district or joint vocational school district	56107
under Chapter 3317. of the Revised Code.	56108

(5) "State education aid offset" means the amount determined	56109
for each school district or joint vocational school district under	56110
division (A)(1) of section 5727.85 of the Revised Code.	56111

(6) "Recognized valuation" has the same meaning as in section	56112
3317.02 of the Revised Code.	56113

(7) "Electric company tax value loss" means the amount	56114
determined under division (D) of this section.	56115

(8) "Natural gas company tax value loss" means the amount	56116
determined under division (E) of this section.	56117

(9) "Tax value loss" means the sum of the electric company	56118
tax value loss and the natural gas company tax value loss.	56119

(10) "Fixed-rate levy" means any tax levied on property other	56120
than a fixed-sum levy.	56121

(11) "Fixed-rate levy loss" means the amount determined under	56122
division (G) of this section.	56123

(12) "Fixed-sum levy" means a tax levied on property at	56124
whatever rate is required to produce a specified amount of tax	56125
money or levied in excess of the ten-mill limitation to pay debt	56126
charges, and includes school district emergency levies imposed	56127
pursuant to section 5705.194 of the Revised Code.	56128

(13) "Fixed-sum levy loss" means the amount determined under	56129
division (H) of this section.	56130

(14) "Consumer price index" means the consumer price index	56131
(all items, all urban consumers) prepared by the bureau of labor	56132
statistics of the United States department of labor.	56133

(B) The kilowatt-hour tax receipts fund is hereby created in	56134
the state treasury and shall consist of money arising from the tax	56135
imposed by section 5727.81 of the Revised Code. ~~All~~Beginning	56136
August 1, 2005, all money in the kilowatt-hour tax receipts fund	56137
shall be credited as follows:	56138

(1) ~~Fifty-nine~~Sixty-nine and ~~nine~~two hundred ~~seventy-six~~	56139
thirteen one-thousandths per cent, shall be credited to the	56140
general revenue fund.	56141

(2) Two and ~~six hundred forty-six~~thirty-five one-thousandths	56142
per cent shall be credited to the local government fund, for	56143
distribution in accordance with section 5747.50 of the Revised	56144
Code.	56145

(3) ~~Three~~Two hundred ~~seventy-eight~~ninety-one	56146
one-thousandths per cent shall be credited to the local government	56147
revenue assistance fund, for distribution in accordance with	56148
section 5747.61 of the Revised Code.	56149

(4) ~~Twenty-five~~Nineteen and ~~four-tenths~~five hundred	56150
thirty-eight one-thousandths per cent shall be credited to the	56151
school district property tax replacement fund, which is hereby	56152
created in the state treasury for the purpose of making the	56153
payments described in section 5727.85 of the Revised Code.	56154

(5) ~~Eleven~~Eight and ~~six-tenths~~nine hundred twenty-three	56155
one-thousandths per cent shall be credited to the local government	56156
property tax replacement fund, which is hereby created in the	56157
state treasury for the purpose of making the payments described in	56158
section 5727.86 of the Revised Code.	56159

~~(6) In fiscal years 2002, 2003, 2004, 2005, and 2006, if the~~	56160
~~revenue arising from the tax levied by section 5727.81 of the~~	56161
~~Revised Code is less than five hundred fifty-two million dollars,~~	56162
~~the amount credited to the general revenue fund under division~~	56163
~~(B)(1) of this section shall be reduced by the amount necessary to~~	56164
~~credit to each of the funds in divisions (B)(2) and (3) of this~~	56165
~~section the amount it would have received if the tax did raise~~	56166
~~five hundred fifty-two million dollars for that fiscal year. The~~	56167
~~tax commissioner shall certify to the director of budget and~~	56168
~~management the amounts that shall be credited under this division.~~	56169

~~(7) Beginning in fiscal year 2007, if the revenue arising~~	56170
~~from the tax levied by section 5727.81 of the Revised Code is less~~	56171
~~than five hundred fifty-two million dollars, the amount credited~~	56172
~~to the general revenue fund under division (B)(1) of this section~~	56173
~~shall be reduced by the amount necessary to credit to each of the~~	56174
~~funds in divisions (B)(2), (3), (4), and (5) of this section the~~	56175
~~amount that it would have received if the tax did raise five~~	56176
~~hundred fifty-two million dollars for that fiscal year. The tax~~	56177
~~commissioner shall certify to the director of budget and~~	56178
~~management the amounts to be credited under division (B)(7) of~~	56179
~~this section.~~	56180

(C) The natural gas tax receipts fund is hereby created in	56181
the state treasury and shall consist of money arising from the tax	56182
imposed by section 5727.811 of the Revised Code. All money in the	56183
fund shall be credited as follows:	56184

(1) Sixty-eight and seven-tenths per cent shall be credited	56185
to the school district property tax replacement fund for the	56186
purpose of making the payments described in section 5727.85 of the	56187
Revised Code.	56188

(2) Thirty-one and three-tenths per cent shall be credited to	56189
the local government property tax replacement fund for the purpose	56190
of making the payments described in section 5727.86 of the Revised	56191
Code.	56192

~~(3) Beginning in fiscal year 2007, if the revenue arising~~	56193
~~from the tax levied by section 5727.811 of the Revised Code is~~	56194
~~less than ninety million dollars, an amount equal to the~~	56195
~~difference between the amount collected and ninety million dollars~~	56196
~~shall be transferred from the general revenue fund to each of the~~	56197
~~funds in divisions (C)(1) and (2) of this section in the same~~	56198
~~percentages as if that amount had been collected as taxes under~~	56199
~~section 5727.811 of the Revised Code. The tax commissioner shall~~	56200
~~certify to the director of budget and management the amounts that~~	56201
~~shall be transferred under this division.~~	56202

(D) Not later than January 1, 2002, the tax commissioner	56203
shall determine for each taxing district its electric company tax	56204
value loss, which is the sum of the applicable amounts described	56205
in divisions (D)(1) to (3) of this section:	56206

(1) The difference obtained by subtracting the amount	56207
described in division (D)(1)(b) from the amount described in	56208
division (D)(1)(a) of this section.	56209

(a) The value of electric company and rural electric company	56210
tangible personal property as assessed by the tax commissioner for	56211
tax year 1998 on a preliminary assessment, or an amended	56212
preliminary assessment if issued prior to March 1, 1999, and as	56213
apportioned to the taxing district for tax year 1998;	56214

(b) The value of electric company and rural electric company	56215
tangible personal property as assessed by the tax commissioner for	56216
tax year 1998 had the property been apportioned to the taxing	56217
district for tax year 2001, and assessed at the rates in effect	56218
for tax year 2001.	56219

(2) The difference obtained by subtracting the amount	56220
described in division (D)(2)(b) from the amount described in	56221
division (D)(2)(a) of this section.	56222

(a) The three-year average for tax years 1996, 1997, and 1998	56223
of the assessed value from nuclear fuel materials and assemblies	56224
assessed against a person under Chapter 5711. of the Revised Code	56225
from the leasing of them to an electric company for those	56226
respective tax years, as reflected in the preliminary assessments;	56227

(b) The three-year average assessed value from nuclear fuel	56228
materials and assemblies assessed under division (D)(2)(a) of this	56229
section for tax years 1996, 1997, and 1998, as reflected in the	56230
preliminary assessments, using an assessment rate of twenty-five	56231
per cent.	56232

(3) In the case of a taxing district having a nuclear power	56233
plant within its territory, any amount, resulting in an electric	56234
company tax value loss, obtained by subtracting the amount	56235
described in division (D)(1) of this section from the difference	56236
obtained by subtracting the amount described in division (D)(3)(b)	56237
of this section from the amount described in division (D)(3)(a) of	56238
this section.	56239

(a) The value of electric company tangible personal property	56240
as assessed by the tax commissioner for tax year 2000 on a	56241
preliminary assessment, or an amended preliminary assessment if	56242
issued prior to March 1, 2001, and as apportioned to the taxing	56243
district for tax year 2000;	56244

(b) The value of electric company tangible personal property	56245
as assessed by the tax commissioner for tax year 2001 on a	56246
preliminary assessment, or an amended preliminary assessment if	56247
issued prior to March 1, 2002, and as apportioned to the taxing	56248
district for tax year 2001.	56249

(E) Not later than January 1, 2002, the tax commissioner	56250
shall determine for each taxing district its natural gas company	56251
tax value loss, which is the sum of the amounts described in	56252
divisions (E)(1) and (2) of this section:	56253

(1) The difference obtained by subtracting the amount	56254
described in division (E)(1)(b) from the amount described in	56255
division (E)(1)(a) of this section.	56256

(a) The value of all natural gas company tangible personal	56257
property, other than property described in division (E)(2) of this	56258
section, as assessed by the tax commissioner for tax year 1999 on	56259
a preliminary assessment, or an amended preliminary assessment if	56260
issued prior to March 1, 2000, and apportioned to the taxing	56261
district for tax year 1999;	56262

(b) The value of all natural gas company tangible personal	56263
property, other than property described in division (E)(2) of this	56264
section, as assessed by the tax commissioner for tax year 1999 had	56265
the property been apportioned to the taxing district for tax year	56266
2001, and assessed at the rates in effect for tax year 2001.	56267

(2) The difference in the value of current gas obtained by	56268
subtracting the amount described in division (E)(2)(b) from the	56269
amount described in division (E)(2)(a) of this section.	56270

(a) The three-year average assessed value of current gas as	56271
assessed by the tax commissioner for tax years 1997, 1998, and	56272
1999 on a preliminary assessment, or an amended preliminary	56273
assessment if issued prior to March 1, 2001, and as apportioned in	56274
the taxing district for those respective years;	56275

(b) The three-year average assessed value from current gas	56276
under division (E)(2)(a) of this section for tax years 1997, 1998,	56277
and 1999, as reflected in the preliminary assessment, using an	56278
assessment rate of twenty-five per cent.	56279

(F) The tax commissioner may request that natural gas	56280
companies, electric companies, and rural electric companies file a	56281
report to help determine the tax value loss under divisions (D)	56282
and (E) of this section. The report shall be filed within thirty	56283
days of the commissioner's request. A company that fails to file	56284
the report or does not timely file the report is subject to the	56285
penalty in section 5727.60 of the Revised Code.	56286

(G) Not later than January 1, 2002, the tax commissioner	56287
shall determine for each school district, joint vocational school	56288
district, and local taxing unit its fixed-rate levy loss, which is	56289
the sum of its electric company tax value loss multiplied by the	56290
tax rate in effect in tax year 1998 for fixed-rate levies and its	56291
natural gas company tax value loss multiplied by the tax rate in	56292
effect in tax year 1999 for fixed-rate levies.	56293

(H) Not later than January 1, 2002, the tax commissioner	56294
shall determine for each school district, joint vocational school	56295
district, and local taxing unit its fixed-sum levy loss, which is	56296
the amount obtained by subtracting the amount described in	56297
division (H)(2) of this section from the amount described in	56298
division (H)(1) of this section:	56299

(1) The sum of the electric company tax value loss multiplied	56300
by the tax rate in effect in tax year 1998, and the natural gas	56301
company tax value loss multiplied by the tax rate in effect in tax	56302
year 1999, for fixed-sum levies for all taxing districts within	56303
each school district, joint vocational school district, and local	56304
taxing unit. For the years 2002 through 2006, this computation	56305
shall include school district emergency levies that existed in	56306
1998 in the case of the electric company tax value loss, and 1999	56307
in the case of the natural gas company tax value loss, and all	56308
other fixed-sum levies that existed in 1998 in the case of the	56309
electric company tax value loss and 1999 in the case of the	56310
natural gas company tax value loss and continue to be charged in	56311
the tax year preceding the distribution year. For the years 2007	56312
through 2016 in the case of school district emergency levies, and	56313
for all years after 2006 in the case of all other fixed-sum	56314
levies, this computation shall exclude all fixed-sum levies that	56315
existed in 1998 in the case of the electric company tax value loss	56316
and 1999 in the case of the natural gas company tax value loss,	56317
but are no longer in effect in the tax year preceding the	56318
distribution year. For the purposes of this section, an emergency	56319
levy that existed in 1998 in the case of the electric company tax	56320
value loss, and 1999 in the case of the natural gas company tax	56321
value loss, continues to exist in a year beginning on or after	56322
January 1, 2007, but before January 1, 2017, if, in that year, the	56323
board of education levies a school district emergency levy for an	56324
annual sum at least equal to the annual sum levied by the board in	56325
tax year 1998 or 1999, respectively, less the amount of the	56326
payment certified under this division for 2002.	56327

(2) The total taxable value in tax year 1999 less the tax	56328
value loss in each school district, joint vocational school	56329
district, and local taxing unit multiplied by one-fourth of one	56330
mill.	56331

If the amount computed under division (H) of this section for	56332
any school district, joint vocational school district, or local	56333
taxing unit is greater than zero, that amount shall equal the	56334
fixed-sum levy loss reimbursed pursuant to division (E) of section	56335
5727.85 of the Revised Code or division (A)(2) of section 5727.86	56336
of the Revised Code, and the one-fourth of one mill that is	56337
subtracted under division (H)(2) of this section shall be	56338
apportioned among all contributing fixed-sum levies in the	56339
proportion of each levy to the sum of all fixed-sum levies within	56340
each school district, joint vocational school district, or local	56341
taxing unit.	56342

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	56343
section, in computing the tax value loss, fixed-rate levy loss,	56344
and fixed-sum levy loss, the tax commissioner shall use the	56345
greater of the 1998 tax rate or the 1999 tax rate in the case of	56346
levy losses associated with the electric company tax value loss,	56347
but the 1999 tax rate shall not include for this purpose any tax	56348
levy approved by the voters after June 30, 1999, and the tax	56349
commissioner shall use the greater of the 1999 or the 2000 tax	56350
rate in the case of levy losses associated with the natural gas	56351
company tax value loss.	56352

(J) Not later than January 1, 2002, the tax commissioner	56353
shall certify to the department of education the tax value loss	56354
determined under divisions (D) and (E) of this section for each	56355
taxing district, the fixed-rate levy loss calculated under	56356
division (G) of this section, and the fixed-sum levy loss	56357
calculated under division (H) of this section. The calculations	56358
under divisions (G) and (H) of this section shall separately	56359
display the levy loss for each levy eligible for reimbursement.	56360

(K) Not later than September 1, 2001, the tax commissioner	56361
shall certify the amount of the fixed-sum levy loss to the county	56362
auditor of each county in which a school district with a fixed-sum	56363
levy loss has territory.	56364

Sec. 5727.85. (A) By the thirty-first day of July of each	56365
year, beginning in 2002 and ending in 2016, the department of	56366
education shall determine the following for each school district	56367
and each joint vocational school district eligible for payment	56368
under division (C) or (D) of this section:	56369

(1) The state education aid offset, which is the difference	56370
obtained by subtracting the amount described in division (A)(1)(b)	56371
of this section from the amount described in division (A)(1)(a) of	56372
this section:	56373

(a) The state education aid computed for the school district	56374
or joint vocational school district for the current fiscal year as	56375
of the thirty-first day of July;	56376

(b) The state education aid that would be computed for the	56377
school district or joint vocational school district for the	56378
current fiscal year as of the thirty-first day of July if the	56379
recognized valuation included the tax value loss for the school	56380
district or joint vocational school district.	56381

(2) The greater of zero or the difference obtained by	56382
subtracting the state education aid offset determined under	56383
division (A)(1) of this section from the fixed-rate levy loss	56384
certified under division (J) of section 5727.84 of the Revised	56385
Code for all taxing districts in each school district and joint	56386
vocational school district.	56387

By the fifth day of August of each such year, the department	56388
of education shall certify the amount so determined under division	56389
(A)(1) of this section to the director of budget and management.	56390

(B) Not later than the thirty-first day of October of the	56391
years 2006 through 2016, the department of education shall	56392
determine all of the following for each school district:	56393

(1) The amount obtained by subtracting the district's state	56394
education aid computed for fiscal year 2002 from the district's	56395
state education aid computed for the current fiscal year;	56396

(2) The inflation-adjusted property tax loss. The	56397
inflation-adjusted property tax loss equals the fixed-rate levy	56398
loss, excluding the tax loss from levies within the ten-mill	56399
limitation to pay debt charges, determined under division (G) of	56400
section 5727.84 of the Revised Code for all taxing districts in	56401
each school district, plus the product obtained by multiplying	56402
that loss by the cumulative percentage increase in the consumer	56403
price index from January 1, 2002, to the thirtieth day of June of	56404
the current year.	56405

(3) The difference obtained by subtracting the amount	56406
computed under division (B)(1) from the amount of the	56407
inflation-adjusted property tax loss. If this difference is zero	56408
or a negative number, no further payments shall be made under	56409
division (C) of this section to the school district from the	56410
school district property tax replacement fund.	56411

(C) The department of education shall pay from the school	56412
district property tax replacement fund to each school district all	56413
of the following:	56414

(1) In February 2002, one-half of the fixed-rate levy loss	56415
certified under division (J) of section 5727.84 of the Revised	56416
Code between the twenty-first and twenty-eighth days of February.	56417

(2) From August 2002 through August 2006, one-half of the	56418
amount calculated for that fiscal year under division (A)(2) of	56419
this section between the twenty-first and twenty-eighth days of	56420
August and of February.	56421

(3) From February 2007 through August 2016, one-half of the	56422
amount calculated for that calendar year under division (B)(3) of	56423
this section between the twenty-first and twenty-eighth days of	56424
August and of February.	56425

(4) For taxes levied within the ten-mill limitation for debt	56426
purposes in tax year 1998 in the case of electric company tax	56427
value losses, and in tax year 1999 in the case of natural gas	56428
company tax value losses, payments shall be made equal to one	56429
hundred per cent of the loss computed as if the tax were a	56430
fixed-rate levy, but those payments shall extend from fiscal year	56431
2006 through fiscal year 2016.	56432

The department of education shall report to each school	56433
district the apportionment of the payments among the school	56434
district's funds based on the certifications under division (J) of	56435
section 5727.84 of the Revised Code.	56436

(D) Not later than January 1, 2002, for all taxing districts	56437
in each joint vocational school district, the tax commissioner	56438
shall certify to the department of education the fixed-rate levy	56439
loss determined under division (G) of section 5727.84 of the	56440
Revised Code. From February 2002 to August 2016, the department	56441
shall pay from the school district property tax replacement fund	56442
to the joint vocational school district one-half of the amount	56443
calculated for that fiscal year under division (A)(2) of this	56444
section between the twenty-first and twenty-eighth days of August	56445
and of February.	56446

(E)(1) Not later than January 1, 2002, for each fixed-sum	56447
levy levied by each school district or joint vocational school	56448
district and for each year for which a determination is made under	56449
division (H) of section 5727.84 of the Revised Code that a	56450
fixed-sum levy loss is to be reimbursed, the tax commissioner	56451
shall certify to the department of education the fixed-sum levy	56452
loss determined under that division. The certification shall cover	56453
a time period sufficient to include all fixed-sum levies for which	56454
the tax commissioner made such a determination. The department	56455
shall pay from the school district property tax replacement fund	56456
to the school district or joint vocational school district	56457
one-half of the fixed-sum levy loss so certified for each year	56458
between the twenty-first and twenty-eighth days of August and of	56459
February.	56460

(2) Beginning in 2003, by the thirty-first day of January of	56461
each year, the tax commissioner shall review the certification	56462
originally made under division (E)(1) of this section. If the	56463
commissioner determines that a debt levy that had been scheduled	56464
to be reimbursed in the current year has expired, a revised	56465
certification for that and all subsequent years shall be made to	56466
the department of education.	56467

(F) If the balance of the half-mill equalization fund created	56468
under section 3318.111 of the Revised Code is insufficient to make	56469
the full amount of payments required under division (D) of that	56470
section, the department of education, at the end of the third	56471
quarter of the fiscal year, shall certify to the director of	56472
budget and management the amount of the deficiency, and the	56473
director shall transfer an amount equal to the deficiency from the	56474
school district property tax replacement fund to the half-mill	56475
equalization fund.	56476

(G) Beginning in August 2002, and ending in ~~February~~May	56477
2017, the director of budget and management shall transfer from	56478
the school district property tax replacement fund to the general	56479
revenue fund each of the following:	56480

(1) Between the twenty-eighth day of August and the fifth day	56481
of September, the lesser of one-half of the amount certified for	56482
that fiscal year under division (A)(2) of this section or the	56483
balance in the school district property tax replacement fund;	56484

(2) Between the first and fifth days of ~~March~~May, the lesser	56485
of one-half of the amount certified for that fiscal year under	56486
division (A)(2) of this section or the balance in the school	56487
district property tax replacement fund.	56488

~~(G) By August 5, 2002, the tax commissioner shall estimate~~	56489
~~the amount of money in the school district property tax~~	56490
~~replacement fund in excess of the amount necessary to make~~	56491
~~payments under divisions (C), (D), (E), and (F) of this section.~~	56492
~~Notwithstanding division (C) of this section, the department of~~	56493
~~education, in consultation with the tax commissioner and from~~	56494
~~those excess funds, may pay any school district four and one-half~~	56495
~~times the amount certified under division (A)(2) of this section.~~	56496
~~Payments shall be made in order from the smallest annual loss to~~	56497
~~the largest annual loss. A payment made under this division shall~~	56498
~~be in lieu of the payment to be made in August 2002 under division~~	56499
~~(C)(2) of this section. No payments shall be made in the manner~~	56500
~~established in this division to any school district with annual~~	56501
~~losses from permanent improvement fixed-rate levies in excess of~~	56502
~~twenty thousand dollars, or annual losses from any other~~	56503
~~fixed-rate levies in excess of twenty thousand dollars. A school~~	56504
~~district receiving a payment under this division is no longer~~	56505
~~entitled to any further payments under division (C) of this~~	56506
~~section.~~	56507

~~(H) On the thirty-first day of July of 2003, 2004, 2005, and~~	56508
~~2006, and on the thirty-first day of January and July of 2007 and~~	56509
~~each year thereafter, if the amount credited to the school~~	56510
~~district property tax replacement fund exceeds the amount needed~~	56511
~~to make payments from the fund under divisions (C), (D), (E), and~~	56512
~~(F) of this section, the department of education shall distribute~~	56513
~~the excess among school districts and joint vocational school~~	56514
~~districts. The amount distributed to each district shall bear the~~	56515
~~same proportion to the excess remaining in the fund as the ADM of~~	56516
~~the district bears to the ADM of all of the districts. For the~~	56517
~~purpose of this division, "ADM" means the formula ADM in the case~~	56518
~~of a school district, and the average daily membership reported~~	56519
~~under section 3317.03 of the Revised Code in the case of a joint~~	56520
~~vocational school district.~~	56521

~~If, in the opinion of the department of education, the excess~~	56522
~~remaining in the school district property tax replacement fund in~~	56523
~~any year is not sufficient to warrant distribution under this~~	56524
~~division, the excess shall remain to the credit of the fund.~~	56525

~~Amounts received by a school district or joint vocational~~	56526
~~school district under this division shall be used exclusively for~~	56527
~~capital improvements.~~	56528

(H) On the first day of June each year, the director of	56529
budget and management shall transfer any balance remaining in the	56530
school district property tax replacement fund after the payments	56531
have been made under divisions (C), (D), (E), (F), and (G) of this	56532
section to the half-mill equalization fund created under section	56533
3318.111 of the Revised Code.	56534

(I) From fiscal year 2002 through fiscal year 2016, if the	56535
total amount in the school district property tax replacement fund	56536
is insufficient to make all payments under divisions (C), (D), ~~and~~	56537
(E), and (F) of this section at the time the payments are to be	56538
made, the director of budget and management shall transfer from	56539
the general revenue fund to the school district property tax	56540
replacement fund the difference between the total amount to be	56541
paid and the total amount in the school district property tax	56542
replacement fund, except that no transfer shall be made by reason	56543
of a deficiency to the extent that it results from the amendment	56544
of section 5727.84 of the Revised Code by Amended Substitute House	56545
Bill No. 95 of the 125th general assembly.	56546

(J) If all ~~or a part~~ of the territory of a school district or	56547
joint vocational school district is merged with an existing	56548
district, or if a part of the territory of a school district or	56549
joint vocational school district is transferred to ~~another~~an	56550
existing or new district, the department of education, in	56551
consultation with the tax commissioner, shall adjust the payments	56552
made under this section ~~to each of the districts in proportion to~~	56553
~~the tax value loss apportioned to the merged or transferred~~	56554
~~territory~~as follows:	56555

(1) For the merger of all of the territory of two or more	56556
districts, the fixed-rate levy loss and the fixed-sum levy loss of	56557
the successor district shall be equal to the sum of the fixed-rate	56558
levy losses and the fixed-sum levy losses for each of the	56559
districts involved in the merger.	56560

(2) For the transfer of a part of one district's territory to	56561
an existing district, the amount of the fixed-rate levy loss that	56562
is transferred to the recipient district shall be an amount equal	56563
to the transferring district's total fixed-rate levy loss times a	56564
fraction, the numerator of which is the value of electric company	56565
tangible personal property located in the part of the territory	56566
that was transferred, and the denominator of which is the total	56567
value of electric company tangible personal property located in	56568
the entire district from which the territory was transferred. The	56569
value of electric company tangible personal property under this	56570
division shall be determined for the most recent year for which	56571
data is available. Fixed-sum levy losses for both districts shall	56572
be determined under division (J)(4) of this section.	56573

(3) For the transfer of a part of the territory of one or	56574
more districts to create a new district:	56575

(a) If the new district is created on or after January 1,	56576
2000, but before January 1, 2005, the new district shall be paid	56577
its current fixed-rate levy loss through August 2006. From	56578
February 2007 to August 2016, the new district shall be paid the	56579
lesser of: (i) the amount calculated under division (B) of this	56580
section or (ii) an amount determined under the schedule in	56581
division (A)(1) of section 5727.86 of the Revised Code, as if for	56582
this purpose the new district was a local taxing unit under that	56583
section. Fixed-sum levy losses for the districts shall be	56584
determined under division (J)(4) of this section.	56585

(b) If the new district is created on or after January 1,	56586
2005, the new district shall be deemed not to have any fixed-rate	56587
levy loss or, except as provided in division (J)(4) of this	56588
section, fixed-sum levy loss. The district or districts from which	56589
the territory was transferred shall have no reduction in their	56590
fixed-rate levy loss, or, except as provided in division (J)(4) of	56591
this section, their fixed-sum levy loss.	56592

(4) If a recipient district under division (J)(2) of this	56593
section or a new district under division (J)(3)(a) or (b) of this	56594
section takes on debt from one or more of the districts from which	56595
territory was transferred, and any of the districts transferring	56596
the territory had fixed-sum levy losses, the department of	56597
education, in consultation with the tax commissioner, shall make	56598
an equitable division of the fixed-sum levy losses.	56599

(K) There is hereby created the public utility property tax	56600
study committee, effective January 1, 2011. The committee shall	56601
consist of the following seven members: the tax commissioner,	56602
three members of the senate appointed by the president of the	56603
senate, and three members of the house of representatives	56604
appointed by the speaker of the house of representatives. The	56605
appointments shall be made not later than January 31, 2011. The	56606
tax commissioner shall be the chairperson of the committee.	56607

The committee shall study the extent to which each school	56608
district or joint vocational school district has been compensated,	56609
under sections 5727.84 and 5727.85 of the Revised Code as enacted	56610
by Substitute Senate Bill No. 3 of the 123rd general assembly and	56611
any subsequent acts, for the property tax loss caused by the	56612
reduction in the assessment rates for natural gas, electric, and	56613
rural electric company tangible personal property. Not later than	56614
June 30, 2011, the committee shall issue a report of its findings,	56615
including any recommendations for providing additional	56616
compensation for the property tax loss or regarding remedial	56617
legislation, to the president of the senate and the speaker of the	56618
house of representatives, at which time the committee shall cease	56619
to exist.	56620

The department of taxation and department of education shall	56621
provide such information and assistance as is required for the	56622
committee to carry out its duties.	56623

Sec. 5728.01. As used in sections 5728.02 to 5728.14 of the	56624
Revised Code:	56625

(A) "Motor vehicle" means everything on wheels that is	56626
self-propelled, other than by muscular power or power collected	56627
from electric trolley wires and other than vehicles or machinery	56628
not designed for or employed in general highway transportation,	56629
used to transport or propel persons or property over a public	56630
highway.	56631

(B) "Commercial car" means any motor vehicle used for	56632
transporting persons or property, wholly on its own structure on a	56633
public highway.	56634

(C) "Commercial tractor" means any motor vehicle designed and	56635
used to propel or draw a trailer or semi-trailer or both on a	56636
public highway without having any provision for carrying loads	56637
independently of such trailer or semi-trailer.	56638

(D) "Trailer" means everything on wheels that is not	56639
self-propelled, except vehicles or machinery not designed for or	56640
employed in general highway transportation, used for carrying	56641
property wholly on its own structure and for being drawn by a	56642
motor vehicle on a public highway, including any such vehicle when	56643
formed by or operated as a combination of a semi-trailer and a	56644
vehicle of the dolly type such as that commonly known as a trailer	56645
dolly. "Trailer" does not include manufactured homes as defined in	56646
division (C)(4) of section 3781.06 of the Revised Code or mobile	56647
homes as defined in division (O) of section 4501.01 of the Revised	56648
Code.	56649

(E) "Semi-trailer" means everything on wheels that is not	56650
self-propelled, except vehicles or machinery not designed for or	56651
employed in general highway transportation, designed and used for	56652
carrying property on a public highway when being propelled or	56653
drawn by a commercial tractor when part of its own weight or the	56654
weight of its load, or both, rest upon and is carried by a	56655
commercial tractor.	56656

(F) "Commercial tandem" means any commercial car and trailer	56657
or any commercial tractor, semi-trailer, and trailer when fastened	56658
together and used as one unit.	56659

(G) "Commercial tractor combination" means any commercial	56660
tractor and semi-trailer when fastened together and used as one	56661
unit.	56662

(H) "Axle" means two or more load carrying wheels mounted in	56663
a single transverse vertical plane.	56664

(I) "Public highway" means any highway, road, or street	56665
dedicated to public use, including a highway under the control and	56666
jurisdiction of the Ohio turnpike commission created by the	56667
provisions of section 5537.02 of the Revised Code and land and	56668
lots over which the public, either as user or owner, generally has	56669
a right to pass even though such land or lots are closed	56670
temporarily by public authorities for the purpose of construction,	56671
reconstruction, maintenance, or repair.	56672

(J) "Jurisdiction" means a state of the United States, the	56673
District of Columbia, or a province or territory of Canada.	56674

Sec. 5728.02. (A) Except as provided in section 5728.03 of	56675
the Revised Code, every person who is liable for the tax imposed	56676
by section 5728.06 of the Revised Code on the operation of a	56677
commercial car ~~with three or more axles when operated alone or as~~	56678
~~part of a commercial tandem, a commercial car with two axles that~~	56679
~~is to be operated as part of a commercial tandem with a gross~~	56680
~~vehicle weight or a registered gross vehicle weight exceeding~~	56681
~~twenty-six thousand pounds,~~ or a commercial tractor that is, or is	56682
to be, operated or driven upon a public highway in two or more	56683
jurisdictions shall cause to be filed annually with the tax	56684
commissioner ~~a written~~an application for a fuel use permit on	56685
~~blank forms~~ to be furnished by the commissioner for that purpose.	56686

Each application for a fuel use permit for a commercial car	56687
or a commercial tractor shall contain any information the tax	56688
commissioner prescribes.	56689

(B) Upon receipt of the application, the tax commissioner	56690
shall issue to the person making the application a fuel use permit	56691
and any identification device that the commissioner considers	56692
necessary for the proper administration of this chapter. The	56693
permit and the identification device shall be of a design and	56694
contain any information the commissioner considers necessary. The	56695
identification device shall be displayed on the commercial car or	56696
commercial tractor for which it was issued at all times in the	56697
manner the commissioner prescribes. The fuel use permits and the	56698
identification device shall not be transferable. In case of the	56699
loss of a fuel use permit or identification device, the	56700
commissioner shall issue a duplicate of the permit or device.	56701

The fuel use permit shall be valid until it expires or is	56702
suspended or surrendered.	56703

Sec. 5728.03. (A) In lieu of filing an application for an	56704
annual fuel use permit under section 5728.02 of the Revised Code	56705
and in lieu of filing returns under section 5728.08 of the Revised	56706
Code, a person who is the owner of a commercial car ~~with three or~~	56707
~~more axles when operated alone or as part of a commercial tandem,~~	56708
~~a commercial car with two axles that is to be operated as part of~~	56709
~~a commercial tandem with a gross vehicle weight or a registered~~	56710
~~gross vehicle weight exceeding twenty-six thousand pounds,~~ or a	56711
commercial tractor that would otherwise be liable for the tax	56712
imposed by section 5728.06 of the Revised Code, that is, or is to	56713
be, operated or driven upon a public highway, may file an	56714
application with the tax commissioner for a single-trip fuel use	56715
permit. The application shall be based on rules adopted by the tax	56716
commissioner and shall include an amount estimated to be	56717
substantially equivalent to the fuel use tax liability that the	56718
applicant will incur by driving on the highways of this state	56719
during the period covered by the single-trip permit. The amount so	56720
estimated shall be considered to be the fuel use tax liability so	56721
incurred.	56722

The commissioner may authorize independent permit services or	56723
other persons to issue single-trip fuel use permits.	56724

(B) The tax commissioner shall adopt rules establishing all	56725
of the following:	56726

(1) Procedures for the issuance of single-trip permits;

56727

(2) The length of time the permits are effective;

56728

(3) Requirements that independent permit services or other	56729
persons must meet to be authorized to issue single-trip fuel use	56730
permits and procedures for obtaining that authorization;	56731

(4) Estimates of the amount substantially equivalent to the	56732
fuel use tax liability that an applicant will incur by driving on	56733
the highways of this state during the period covered by the	56734
permit.	56735

(C) No person whose fuel use permit issued under section	56736
5728.02 of the Revised Code is currently under suspension in	56737
accordance with section 5728.11 of the Revised Code shall be	56738
issued a single-trip fuel use permit under this section.	56739

(D) All moneys collected pursuant to this section shall be	56740
deposited in the state treasury in accordance with section 5728.08	56741
of the Revised Code.	56742

Sec. 5728.04. (A) It is unlawful for any person to operate a	56743
commercial car ~~with three or more axles when operated alone or as~~	56744
~~part of a commercial tandem, a commercial car with two axles that~~	56745
~~is to be operated as part of a commercial tandem with a gross~~	56746
~~vehicle weight or a registered gross vehicle weight exceeding~~	56747
~~twenty-six thousand pounds,~~ or a commercial tractor ~~when operated~~	56748
~~alone or as part of a commercial tractor combination or commercial~~	56749
~~tandem~~that is subject to the tax imposed by section 5728.06 of	56750
the Revised Code on a public highway in two or more jurisdictions	56751
under either of the following circumstances:	56752

(1) Without a fuel use permit or single trip fuel use permit	56753
for such commercial car or commercial tractor.	56754

(2) With a suspended or surrendered fuel use permit for such	56755
commercial car or commercial tractor.	56756

(B) The judge or magistrate of any court finding any person	56757
guilty of unlawfully operating a commercial car or commercial	56758
tractor as provided for in this section shall immediately notify	56759
the tax commissioner of such violation and shall transmit to the	56760
tax commissioner the name and the permanent address of the owner	56761
of the commercial car or commercial tractor operated in violation	56762
of this section, the registration number, the state of	56763
registration, and the certificate of title number of the	56764
commercial car or commercial tractor. The commercial car or	56765
commercial tractor involved in a violation of division (A)(1) or	56766
(2) of this section may be detained until a valid fuel use permit	56767
is obtained or reinstated.	56768

Sec. 5728.06. (A) For the following purposes, an excise tax	56769
is hereby imposed on the use of motor fuel to operate on the	56770
public highways of this state a commercial car with three or more	56771
axles, regardless of weight, operated alone or as part of a	56772
commercial tandem, a commercial car with two axles ~~operated as~~	56773
~~part of a commercial tandem~~ having a gross vehicle weight or	56774
registered gross vehicle weight exceeding twenty-six thousand	56775
pounds operated alone or as part of a commercial tandem, or a	56776
commercial tractor operated alone or as part of a commercial	56777
tractor combination or commercial tandem: to provide revenue for	56778
maintaining the state highway system, to widen existing surfaces	56779
on such highways, to resurface such highways, to enable the	56780
counties of the state properly to plan for, maintain, and repair	56781
their roads, to enable the municipal corporations to plan,	56782
construct, reconstruct, repave, widen, maintain, repair, clear,	56783
and clean public highways, roads, and streets; to pay that portion	56784
of the construction cost of a highway project that a county,	56785
township, or municipal corporation normally would be required to	56786
pay, but that the director of transportation, pursuant to division	56787
(B) of section 5531.08 of the Revised Code, determines instead	56788
will be paid from moneys in the highway operating fund; to	56789
maintain and repair bridges and viaducts; to purchase, erect, and	56790
maintain street and traffic signs and markers; to purchase, erect,	56791
and maintain traffic lights and signals; to pay the costs	56792
apportioned to the public under section 4907.47 of the Revised	56793
Code; and to supplement revenue already available for such	56794
purposes, to distribute equitably among those persons using the	56795
privilege of driving motor vehicles upon such highways and streets	56796
the cost of maintaining and repairing the same, and to pay the	56797
interest, principal, and charges on bonds and other obligations	56798
issued pursuant to Section 2i of Article VIII, Ohio Constitution,	56799
and sections 5528.30 and 5528.31 of the Revised Code. The tax is	56800
imposed in the same amount as the motor fuel tax imposed under	56801
Chapter 5735. of the Revised Code plus an additional tax of three	56802
cents per gallon of motor fuel used before July 1, 2004, provided	56803
that the additional tax shall be reduced to two cents per gallon	56804
of motor fuel used from July 1, 2004 through June 30, 2005, as	56805
determined by the gallons consumed while operated on the public	56806
highways of this state. Subject to section 5735.292 of the Revised	56807
Code, on and after July 1, 2005, the tax shall be imposed in the	56808
same amount as the motor fuel tax imposed under Chapter 5735. of	56809
the Revised Code. Payment of the fuel use tax shall be made by the	56810
purchase of motor fuel within Ohio of such gallons as is	56811
equivalent to the gallons consumed while operating such a motor	56812
vehicle on the public highways of this state, or by direct	56813
remittance to the treasurer of state with the fuel use tax return	56814
filed pursuant to section 5728.08 of the Revised Code.	56815

Any person subject to the tax imposed under this section who	56816
purchases motor fuel in this state for use in another state in	56817
excess of the amount consumed while operating such motor vehicle	56818
on the public highways of this state shall be allowed a credit	56819
against the tax imposed by this section or a refund equal to the	56820
motor fuel tax paid to this state on such excess. No such credit	56821
or refund shall be allowed for taxes paid to any state that	56822
imposes a tax on motor fuel purchased or obtained in this state	56823
and used on the highways of such other state but does not allow a	56824
similar credit or refund for the tax paid to this state on motor	56825
fuel purchased or acquired in the other state and used on the	56826
public highways of this state.	56827

The tax commissioner is authorized to determine whether such	56828
credits or refunds are available and to prescribe such rules as	56829
are required for the purpose of administering this chapter.	56830

(B) Within sixty days after the last day of each month, the	56831
tax commissioner shall determine the amount of motor fuel tax	56832
allowed as a credit against the tax imposed by this section. The	56833
commissioner shall certify the amount to the director of budget	56834
and management and the treasurer of state, who shall credit the	56835
amount in accordance with section 5728.08 of the Revised Code from	56836
current revenue arising from the tax levied by section 5735.05 of	56837
the Revised Code.	56838

(C) The owner of each commercial car and commercial tractor	56839
subject to sections 5728.01 to 5728.14 of the Revised Code is	56840
liable for the payment of the full amount of the taxes imposed by	56841
this section.	56842

An owner who is a person regularly engaged, for compensation,	56843
in the business of leasing or renting motor vehicles without	56844
furnishing drivers may designate that the lessee of a motor	56845
vehicle leased for a period of thirty days or more shall report	56846
and pay the tax incurred during the duration of the lease. An	56847
owner who is an independent contractor that furnishes both the	56848
driver and motor vehicle, may designate that the person so	56849
furnished with the driver and motor vehicle for a period of thirty	56850
days or more shall report and pay the tax incurred during that	56851
period. An independent contractor that is not an owner, but that	56852
furnishes both the driver and motor vehicle and that has been	56853
designated by the owner of the motor vehicle to report and pay the	56854
tax, may designate that the person so furnished with driver and	56855
motor vehicle for a period of thirty days or more shall report and	56856
pay the tax incurred during that period.	56857

Sec. 5728.08. Except as provided in section 5728.03 of the	56858
Revised Code ~~and except as otherwise provided in this section~~,	56859
whoever is liable for the payment of the tax levied by section	56860
5728.06 of the Revised Code, on or before the last day of each	56861
January, April, July, and October, shall file with the tax	56862
commissioner, on forms prescribed by the commissioner, a fuel use	56863
tax return and make payment of the full amount of the tax due for	56864
the operation of each commercial car and commercial tractor for	56865
the preceding three calendar months. ~~If the commercial cars or~~	56866
~~commercial tractors are farm trucks and the amount of motor fuel~~	56867
~~used to operate the trucks during the preceding twelve calendar~~	56868
~~months was less than fifteen thousand gallons, the fuel use tax~~	56869
~~return shall be filed and the full amount of tax due paid on or~~	56870
~~before the last day of each July for the preceding twelve calendar~~	56871
~~months. If the commercial cars or commercial tractors are farm~~	56872
~~trucks and the amount of motor fuel used to operate the trucks~~	56873
~~during the preceding twelve calendar months was fifteen thousand~~	56874
~~gallons or more, the fuel use tax return shall be filed and the~~	56875
~~full amount of the tax due paid either on or before the last day~~	56876
~~of each July for the preceding twelve calendar months, or on or~~	56877
~~before the last day of each January, April, July, and October for~~	56878
~~the preceding three calendar months, at the option of the person~~	56879
~~liable for payment of the tax. If the commercial cars or~~	56880
~~commercial tractors are not farm trucks, and if, in the estimation~~	56881
~~of the commissioner, the amount of the tax due does not warrant~~	56882
~~quarterly filing, the commissioner may authorize the filing of the~~	56883
~~fuel use tax return and payment of the full amount due on or~~	56884
~~before the last day of each July for the preceding twelve months.~~	56885

The commissioner shall immediately forward to the treasurer	56886
of state all money received from the tax levied by section 5728.06	56887
of the Revised Code.	56888

The treasurer of state shall place to the credit of the tax	56889
refund fund created by section 5703.052 of the Revised Code, out	56890
of receipts from the taxes levied by section 5728.06 of the	56891
Revised Code, amounts equal to the refund certified by the tax	56892
commissioner pursuant to section 5728.061 of the Revised Code.	56893
Receipts from the tax shall be used by the commissioner to defray	56894
expenses incurred by the department of taxation in administering	56895
sections 5728.01 to 5728.14 of the Revised Code.	56896

All moneys received in the state treasury from taxes levied	56897
by section 5728.06 of the Revised Code and fees assessed under	56898
section 5728.03 of the Revised Code that are not required to be	56899
placed to the credit of the tax refund fund as provided by this	56900
section shall, during each calendar year, be credited to the	56901
highway improvement bond retirement fund created by section	56902
5528.12 of the Revised Code until the commissioners of the sinking	56903
fund certify to the treasurer of state, as required by section	56904
5528.17 of the Revised Code, that there are sufficient moneys to	56905
the credit of the highway improvement bond retirement fund to meet	56906
in full all payments of interest, principal, and charges for the	56907
retirement of bonds and other obligations issued pursuant to	56908
Section 2g of Article VIII, Ohio Constitution, and sections	56909
5528.10 and 5528.11 of the Revised Code due and payable during the	56910
current calendar year and during the following calendar year. From	56911
the date of the receipt of the certification required by section	56912
5528.17 of the Revised Code by the treasurer of state until the	56913
thirty-first day of December of the calendar year in which the	56914
certification is made, all moneys received in the state treasury	56915
from taxes levied under section 5728.06 of the Revised Code and	56916
fees assessed under section 5728.03 of the Revised Code that are	56917
not required to be placed to the credit of the tax refund fund as	56918
provided by this section shall be credited to the highway	56919
obligations bond retirement fund created by section 5528.32 of the	56920
Revised Code until the commissioners of the sinking fund certify	56921
to the treasurer of state, as required by section 5528.38 of the	56922
Revised Code, that there are sufficient moneys to the credit of	56923
the highway obligations bond retirement fund to meet in full all	56924
payments of interest, principal, and charges for the retirement of	56925
bonds and other obligations issued pursuant to Section 2i of	56926
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31	56927
of the Revised Code due and payable during the current calendar	56928
year and during the following calendar year. From the date of the	56929
receipt of the certification required by section 5528.38 of the	56930
Revised Code by the treasurer of state until the thirty-first day	56931
of December of the calendar year in which the certification is	56932
made, all moneys received in the state treasury from taxes levied	56933
under section 5728.06 of the Revised Code and fees assessed under	56934
section 5728.03 of the Revised Code that are not required to be	56935
placed to the credit of the tax refund fund as provided by this	56936
section shall be credited to the highway operating fund created by	56937
section 5735.291 of the Revised Code, except as provided by the	56938
following paragraph of this section.	56939

From the date of the receipt by the treasurer of state of	56940
certifications from the commissioners of the sinking fund, as	56941
required by sections 5528.18 and 5528.39 of the Revised Code,	56942
certifying that the moneys to the credit of the highway	56943
improvement bond retirement fund are sufficient to meet in full	56944
all payments of interest, principal, and charges for the	56945
retirement of all bonds and other obligations that may be issued	56946
pursuant to Section 2g of Article VIII, Ohio Constitution, and	56947
sections 5528.10 and 5528.11 of the Revised Code, and to the	56948
credit of the highway obligations bond retirement fund are	56949
sufficient to meet in full all payments of interest, principal,	56950
and charges for the retirement of all obligations issued pursuant	56951
to Section 2i of Article VIII, Ohio Constitution, and sections	56952
5528.30 and 5528.31 of the Revised Code, all moneys received in	56953
the state treasury from the taxes levied under section 5728.06 and	56954
fees assessed under section 5728.03 of the Revised Code that are	56955
not required to be placed to the credit of the tax refund fund as	56956
provided by this section, shall be deposited to the credit of the	56957
highway operating fund.	56958

~~As used in this section, "farm truck" means any commercial~~	56959
~~car or commercial tractor that is registered as a farm truck under~~	56960
~~Chapter 4503. of the Revised Code.~~	56961

Sec. 5729.08. (A) As used in this section, "tax otherwise	56962
due" means the tax imposed on a foreign insurance company under	56963
section 5729.03 of the Revised Code reduced by the total amount of	56964
all other nonrefundable credits, if any, that the foreign	56965
insurance company is entitled to claim.	56966

(B) Upon the issuance of a tax credit certificate by the Ohio	56967
venture capital authority under section 150.07 of the Revised	56968
Code, a credit may be claimed against the tax imposed on a foreign	56969
insurance company under section 5729.03 of the Revised Code. The	56970
credit shall be claimed in the calendar year specified in the	56971
certificate issued by the authority.	56972

(C) If the company elected a refundable credit under section	56973
150.07 of the Revised Code and if the amount of the credit shown	56974
on the certificate does not exceed the tax otherwise due, then for	56975
the calendar year the company shall claim a refundable credit	56976
equal to the amount of the credit shown on the certificate.	56977

(D) If the company elected a refundable credit under section	56978
150.07 of the Revised Code, and the amount of the credit shown on	56979
the certificate exceeds the tax otherwise due ~~under section~~	56980
~~5729.03 of the Revised Code~~, than for the calendar year the	56981
company ~~may receive a refund equal to seventy-five per cent of~~	56982
~~such excess. If~~shall claim a refundable credit equal to the sum	56983
of the following:	56984

(1) The amount, if any, of the tax otherwise due;

56985

(2) Seventy-five per cent of the difference between the	56986
amount of the refundable credit shown on the certificate and the	56987
tax otherwise due.	56988

(E) If the company elected a nonrefundable credit, the amount	56989
of the credit shown on the certificate shall not exceed the amount	56990
of tax otherwise due. If the company elected a nonrefundable	56991
credit and the credit to which the company would otherwise be	56992
entitled under this section for any calendar year is greater than	56993
the tax otherwise due ~~under section 5729.03 of the Revised Code~~,	56994
the excess shall be allowed as a nonrefundable credit in each of	56995
the ensuing ten calendar years, but the amount of any excess	56996
credit allowed in the ensuing calendar year shall be deducted from	56997
the balance carried forward to the next calendar year.	56998

Sec. 5731.01. As used in this chapter:

56999

(A) The "value of the gross estate" of the decedent shall	57000
include, to the extent provided in sections 5731.03 to 5731.131 of	57001
the Revised Code, the value, on the ~~dae~~date of the decedent's	57002
death or on an alternate valuation date prescribed by division (D)	57003
of this section, of all property, real or personal, tangible or	57004
intangible, wherever situated, except real property situated and	57005
tangible personal property having an actual situs outside of this	57006
state.	57007

(B) Subject to the provisions of section 5731.011 of the	57008
Revised Code that permit a valuation of qualified farm property at	57009
its value for its actual qualified use, the value of any property	57010
included in the gross estate shall be the price at which such	57011
property would change hands between a willing buyer and a willing	57012
seller, neither being under any compulsion to buy or sell and both	57013
having reasonable knowledge of relevant facts. All relevant facts	57014
and elements of value as of the valuation date shall be considered	57015
in determining such value.	57016

The rulings and regulations of the internal revenue service	57017
and decisions of the federal courts defining the principles	57018
applicable in determining fair market value for purposes of the	57019
federal estate tax imposed by Subchapter A, Chapter 11 of the	57020
Internal Revenue Code ~~of 1954, 26 U.S.C. 2001, as amended,~~ shall	57021
be applied in determining fair market value for purposes of the	57022
estate taxes imposed by this chapter, to the extent that these	57023
rulings, regulations, and decisions are not inconsistent with the	57024
express provisions of this chapter, but the actual determination	57025
of the fair market value by the internal revenue service of any	57026
asset included in the gross estate is not controlling for purposes	57027
of the estate taxes imposed by this chapter, unless the person	57028
filing the estate tax return and the tax commissioner have agreed	57029
in writing to be bound by the federal determination, as provided	57030
in section 5731.26 of the Revised Code.	57031

(C) In the case of stock and securities of a corporation the	57032
value of which, by reason of their not being listed on an exchange	57033
and by reason of the absence of sales of them, cannot be	57034
determined with reference to bid and asked prices, or with	57035
reference to sales prices, the value of them shall be determined	57036
by taking into consideration, in addition to all other factors,	57037
the value of stock or securities of corporations engaged in the	57038
same or a similar line of business which are listed on an exchange	57039
or which are traded actively in the over-the-counter market.	57040

If a valuation of securities is undertaken by reference to	57041
market transactions and if the block of securities to be valued is	57042
so large in relation to actual sales on existing markets that it	57043
could not be liquidated in a reasonable time without depressing	57044
the market, the price at which the block could be sold, as such,	57045
outside the usual market, as through an underwriter, shall be	57046
considered in determining the value of such block of securities.	57047

(D) "Alternate valuation date" means the date for valuation	57048
of a gross estate permitted by filing an election under this	57049
division. Whether or not an alternate valuation date election is	57050
available to an estate for federal estate tax purposes or, if	57051
available, is made for the estate, the value of the gross estate	57052
may be determined, if the person required to file the estate tax	57053
return so elects, by valuing all the property included in the	57054
gross estate on the alternate date, if any, provided in section	57055
2032 (a) of the Internal Revenue Code ~~of 1954, 26 U.S.C. 2032(a),~~	57056
~~as amended~~ as such section generally applies, for federal estate	57057
tax purposes, to the estates of persons dying on the decedent's	57058
date of death.	57059

No deduction under this chapter of any item shall be allowed	57060
if allowance is, in effect, given by use of the alternate	57061
valuation date. In the determination of any tax liability of any	57062
estate in which an election is filed under this division, all	57063
provisions in this chapter ~~which~~that refer to value at the time	57064
of the decedent's death shall be construed for all purposes to	57065
mean the value of such property used in determining the value of	57066
the gross estate. For the purposes of the charitable deduction	57067
under section 5731.17 of the Revised Code, any bequest, legacy,	57068
devise, or transfer enumerated in it shall be valued as of the	57069
date of the decedent's death with adjustment for any difference in	57070
value, not due to mere lapse of time or the occurrence or	57071
nonoccurrence of a contingency, of the property as of the date six	57072
months after the decedent's death, or in case of its earlier	57073
disposition, on such date of disposition.	57074

An election under this division shall be exercised on the	57075
estate tax return by the person required to file the return. When	57076
made, an election under this division is irrevocable. An election	57077
cannot be exercised under this division if a return is filed more	57078
than one year after the time prescribed, including any extensions	57079
of time granted, pursuant to law for filing the return.	57080

(E) Unless otherwise indicated by the context, "county" means	57081
one of the following:	57082

(1) The county in which the decedent's estate is	57083
administered;	57084

(2) If no administration of the decedent's estate is being	57085
had, the county of residence of the decedent at the time of ~~his~~	57086
death;	57087

(3) If the decedent dies a resident of another state, any	57088
county in which any property subject to tax is located.	57089

(F) "Internal Revenue Code" means the "Internal Revenue Code	57090
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.	57091

Sec. 5731.05. (A) Except as provided in divisions (B) and	57092
(C) of this section, the value of the gross estate shall include	57093
the value of all property, to the extent of any interest in	57094
property, of which the decedent has at any time made a transfer,	57095
by trust or otherwise, in contemplation of ~~his~~ death.	57096

(B) Any transfer, except as provided in division (C) of this	57097
section, by trust or otherwise, made within a period of three	57098
years ending with the date of the decedent's death shall be deemed	57099
to have been made in contemplation of death, unless the contrary	57100
is shown. No transfer made before that three-year period shall be	57101
treated as having been made in contemplation of death.	57102

57103

(1) A bona fide sale for an adequate and full consideration	57104
in money or money's worth;	57105

(2) A transfer of property that would not be included in the	57106
decedent's gross estate if retained by ~~him~~the decedent until	57107
death;	57108

(3) The first ten thousand dollars of the transfers that were	57109
made by the decedent to each transferee, other than the spouse of	57110
the decedent, in each calendar year, but only to the extent that	57111
those transfers qualify as present interests under section 2503(b)	57112
and (c) of the "Internal Revenue Code ~~of 1986," 26 U.S.C. 2503, as~~	57113
~~amended~~. The exclusion provided by division (C)(3) of this section	57114
does not apply to any portion of a transfer that is treated as	57115
being made by the spouse of the decedent under section 2513 of the	57116
"Internal Revenue Code ~~of 1986," 26 U.S.C. 2513, as amended~~.	57117

(4) A transfer of property made to the spouse of the	57118
transferor, except as provided in section 5731.131 of the Revised	57119
Code;	57120

(5) Federal or state gift taxes paid with respect to any	57121
includible transfer.	57122

~~(D) The amendments made to this section by Amended Substitute~~	57123
~~House Bill No. 111 and Substitute Senate Bill No. 336 of the 118th~~	57124
~~general assembly that are effective on July 1, 1993, shall apply~~	57125
~~only to the estates of decedents who die on or after that date.~~	57126

Sec. 5731.131. ~~(A)~~ The value of the gross estate shall	57127
include the value of any property in which the decedent had an	57128
income interest for life as follows:	57129

~~(1)~~(A) If a marital deduction was allowed with respect to the	57130
transfer of such property to the decedent under section 2523(f) of	57131
the "Internal Revenue Code ~~of 1986," 26 U.S.C. 2523(f), as~~	57132
~~amended~~, in connection with the determination of the value of the	57133
taxable estate of the decedent's predeceasing spouse;	57134

~~(2)~~(B) If the decedent's predeceasing spouse was not a	57135
resident of this state at the time of ~~his~~ death and if a marital	57136
deduction was allowed with respect to the transfer of such	57137
property to the decedent under section 2056(b)(7) of the "Internal	57138
Revenue Code ~~of 1986," 26 U.S.C. 2056(b)(7), as amended~~, in	57139
connection with the determination of the value of the taxable	57140
estate of the decedent's predeceasing spouse;	57141

~~(3)~~(C) If the decedent's predeceasing spouse died prior to	57142
July 1, 1993, and if a marital deduction was allowed with respect	57143
to the transfer of such property to the decedent under division	57144
(A)(1) of section 5731.15 of the Revised Code as it existed prior	57145
to July 1, 1993, in connection with the determination of the value	57146
of the taxable estate of the decedent's predeceasing spouse;	57147

~~(4)~~(D) If a qualified terminable interest property deduction	57148
was allowed with respect to the transfer of such property to the	57149
decedent under division (B) of section 5731.15 of the Revised	57150
Code, in connection with the determination of the value of the	57151
taxable estate of the decedent's predeceasing spouse.	57152

~~(B) The amendments made to this section by Amended Substitute~~	57153
~~House Bill No. 111 and substitute Senate Bill No. 336 of the 118th~~	57154
~~general assembly that are effective on July 1, 1993, shall apply~~	57155
~~only to the estates of decedents who die on or after that date.~~	57156

Sec. 5731.14. For purposes of the tax levied by section	57157
5731.02 of the Revised Code, the value of the taxable estate shall	57158
be determined by deducting from the value of the gross estate	57159
deductions provided for in sections 5731.15 to 5731.17 ~~and 5731.20~~	57160
of the Revised Code.	57161

Sec. 5731.18. (A) In addition to the tax levied by section	57162
5731.02 of the Revised Code, a tax is hereby levied upon the	57163
transfer of the estate of every person dying on or after July 1,	57164
1968, who, at the time of ~~his~~ death was a resident of this state,	57165
in an amount equal to the maximum credit allowable by subtitle B,	57166
~~chapter~~Chapter 11 of the Internal Revenue Code ~~of 1954, 26 U.S.C.~~	57167
~~2011, as amended~~, for any taxes paid to any state.	57168

(B) The tax levied on any estate under this section shall be	57169
credited with the amount of the tax levied under section 5731.02	57170
of the Revised Code and with the amount of any estate,	57171
inheritance, legacy, or succession taxes actually paid to any	57172
state or territory of the United States or to the District of	57173
Columbia on any property included in the decedent's gross estate	57174
for federal estate tax purposes.	57175

(C) The additional tax levied under this section shall be	57176
administered, collected, and paid as provided in section 5731.24	57177
of the Revised Code.	57178

Sec. 5731.181. (A) For purposes of this section,	57179
"generation-skipping transfer," "taxable distribution," and	57180
"taxable termination" have the same meaning as in Chapter 13 of	57181
subtitle B of the Internal Revenue Code ~~of 1986, 100 Stat. 2718,~~	57182
~~26 U.S.C. 2601-2624, as amended~~.	57183

(B) A tax is hereby levied upon every generation-skipping	57184
transfer of property having a situs in this state, that occurs at	57185
the same time as, and as a result of, the death of an individual,	57186
in an amount equal to the credit allowed by Chapter 13 of subtitle	57187
B of the Internal Revenue Code ~~of 1986, 100 Stat. 2718, 26 U.S.C.~~	57188
~~2601-2624, as amended~~, for any taxes paid to any state in respect	57189
of any property included in the generation-skipping transfer.	57190

For purposes of this division, "property having a situs in	57191
this state" includes all the following:	57192

(1) Real property situated in this state;

57193

(2) Tangible personal property having an actual situs in this	57194
state;	57195

(3) Intangible personal property employed in carrying on a	57196
business in this state;	57197

(4) Intangible personal property owned by a trust, the	57198
trustee of which resides in or has its principal place of business	57199
in this state, or, if there is more than one trustee of the trust,	57200
the principal place of administration of which is in this state.	57201

(C) The return with respect to the generation-skipping tax	57202
levied by division (B) of this section shall be filed in the form	57203
that the tax commissioner shall prescribe, on or before the day	57204
prescribed by law, including extensions, for filing the	57205
generation-skipping transfer tax return under Chapter 13 of	57206
subtitle B of the Internal Revenue Code ~~of 1986, 100 Stat. 2718,~~	57207
~~26 U.S.C. 2601-2624, as amended~~, for the same generation-skipping	57208
transfer. The return shall be filed by the distributee in the case	57209
of a taxable distribution and by the trustee in the case of a	57210
taxable termination.	57211

(D) The generation-skipping tax levied by division (B) of	57212
this section shall be paid, without notice or demand by the tax	57213
commissioner, with the return, and shall be charged, collected,	57214
and administered in the same manner as estate taxes levied by this	57215
chapter. This chapter is generally applicable to, except to the	57216
extent it is inconsistent with the nature of, the	57217
generation-skipping tax.	57218

(E) If another state levies a generation-skipping tax on a	57219
transfer described in division (B) of this section, the tax	57220
commissioner may enter into a compromise of the	57221
generation-skipping tax levied by division (B) of this section in	57222
the manner provided in section 5731.35 of the Revised Code, except	57223
that no approval of any probate court is required. If such a	57224
compromise agreement is made, no interest and penalties shall	57225
accrue for the period prior to the execution of the agreement and	57226
for sixty days after its execution.	57227

Sec. 5731.22. (A) If the executor, administrator, or other	57228
person required to file a return fails to file the return required	57229
by this chapter or to pay the tax due under this chapter on or	57230
before the date prescribed therefor, determined with regard to any	57231
extension of time for filing or payment, ~~unless it is shown that~~	57232
~~such failure is due to reasonable cause and not due to willful~~	57233
~~neglect,~~ there shall be added to the amount of tax as finally	57234
determined a penalty ~~determined by the tax commissioner,~~ in the	57235
amount of ~~five~~ten per cent of the amount of ~~that tax if the~~	57236
~~failure is not for more than one month, or, if the failure is for~~	57237
~~more than one month, in the amount of five per cent of the amount~~	57238
~~of that tax plus an additional five per cent for each additional~~	57239
~~month or fraction of a month during which the failure continues,~~	57240
~~not exceeding twenty-five per cent in the aggregate. If, due to~~	57241
~~fraud, there is a failure to file the return or an underpayment of~~	57242
~~tax due under this chapter, there shall be added to the amount of~~	57243
~~tax as finally determined a penalty determined by the tax~~	57244
~~commissioner, in an amount not to exceed ten thousand dollars~~the	57245
tax due and unpaid. The ~~penalties~~penalty imposed by this section	57246
shall be collected ~~at the same time and~~ in the same manner as the	57247
tax ~~itself~~.	57248

The ~~penalties~~penalty shall be charged against the executor,	57249
administrator, or other person having custody or control of any	57250
property the transfer of which is subject to estate tax, and such	57251
executor, administrator, or other person is personally liable for	57252
the ~~penalties. Such penalties~~penalty. The penalty shall be	57253
divided in the same manner prescribed for the division of the tax	57254
in sections 5731.50 and 5731.51 of the Revised Code.	57255

(B) The county auditor, upon consultation with the county	57256
treasurer, shall remit a penalty imposed under this section on a	57257
person if that person applies for remission and shows that the	57258
failure to file the return or to pay the tax due under this	57259
chapter on or before the date prescribed for such filing or	57260
payment, determined with regard to any extension, was due to	57261
reasonable cause and not willful neglect. The county auditor shall	57262
notify the applicant of the remission decision by mail. If the	57263
county auditor denies the applicant's application for remission,	57264
the applicant, within sixty days after the notice of the county	57265
auditor's decision is mailed, may apply to the tax commissioner	57266
for review of the county auditor's decision. The application may	57267
be filed in person or by certified mail. If the application is	57268
filed by certified mail, the date of the United States postmark	57269
placed on the sender's receipt by the postal service shall be	57270
treated as the date of filing. The tax commissioner shall consider	57271
the application, determine whether the penalty should be remitted,	57272
and certify the determination to the applicant, the county	57273
auditor, and the county treasurer. The county auditor and county	57274
treasurer shall make any settlement, and the county treasurer	57275
shall correct the accounts required to be kept under section	57276
5731.46 of the Revised Code, as necessitated by the tax	57277
commissioner's determination. The applicant may file an exception	57278
to the tax commissioner's determination with the probate court as	57279
provided under section 5731.30 of the Revised Code.	57280

The tax commissioner may issue orders and instructions for	57281
the uniform implementation of this division by the county auditors	57282
and county treasurers of all counties, and such officers shall	57283
follow such orders and instructions.	57284

Sec. 5731.23. Subject to division (A) of section 5731.25 of	57285
the Revised Code or any other statute extending the time for	57286
payment of an estate tax, the tax levied by section 5731.02 and	57287
division (A) of section 5731.19 of the Revised Code shall, without	57288
notice or demand by the tax commissioner, be due and payable by	57289
the person liable for it, at the expiration of nine months from	57290
the date of the decedent's death, to the treasurer of the county.	57291
If any amount of tax levied by section 5731.02 or division (A) of	57292
section 5731.19 of the Revised Code is not paid on or before nine	57293
months from the date of the decedent's death, interest on such	57294
amount shall be paid for the period from such date to the date	57295
paid, computed at the ~~rate per annum prescribed by~~federal	57296
short-term rate determined by the tax commissioner under section	57297
5703.47 of the Revised Code. Interest at the same rate shall be	57298
paid on any amount of tax determined to be due by way of	57299
deficiency from nine months from the date of the decedent's death	57300
to the date of payment thereof. Such interest shall be charged and	57301
collected in the same manner as the tax.	57302

Interest computed at the ~~rate per annum prescribed by~~federal	57303
short-term rate determined by the tax commissioner under section	57304
5703.47 of the Revised Code shall be allowed and paid upon any	57305
overpayment of tax levied by section 5731.02 or division (A) of	57306
section 5731.19 of the Revised Code from nine months from the date	57307
of the decedent's death or the date of payment of the tax,	57308
whichever is later, to the date such overpayment is repaid. ~~Such~~	57309
~~payment may be made upon an estimated basis whether or not a~~	57310
~~return is filed, and shall be charged and collected in the same~~	57311
~~manner as provided in section 5731.21 of the Revised Code.~~	57312

At any time after nine months from the date of the decedent's	57313
death, payment of an estimated deficiency may be made and shall be	57314
credited against any deficiency of tax finally determined.	57315
Interest on any deficiency ultimately determined to be due shall	57316
be charged only upon the unpaid portion thereof.	57317

Sec. 5731.39. (A) No corporation organized or existing under	57318
the laws of this state shall transfer on its books or issue a new	57319
certificate for any share of its capital stock registered in the	57320
name of a decedent, or in trust for a decedent, or in the name of	57321
a decedent and another person or persons, without the written	57322
consent of the tax commissioner.	57323

(B) No safe deposit company, trust company, financial	57324
institution as defined in division (A) of section 5725.01 of the	57325
Revised Code or other corporation or person, having in possession,	57326
control, or custody a deposit standing in the name of a decedent,	57327
or in trust for a decedent, or in the name of a decedent and	57328
another person or persons, shall deliver or transfer an amount in	57329
excess of three-fourths of the total value of such deposit,	57330
including accrued interest and dividends, as of the date of	57331
decedent's death, without the written consent of the tax	57332
commissioner. The written consent of the tax commissioner need not	57333
be obtained prior to the delivery or transfer of amounts having a	57334
value of three-fourths or less of said total value.	57335

(C) No life insurance company shall pay the proceeds of an	57336
annuity or matured endowment contract, or of a life insurance	57337
contract payable to the estate of a decedent, or of any other	57338
insurance contract taxable under Chapter 5731. of the Revised	57339
Code, without the written consent of the tax commissioner. Any	57340
life insurance company may pay the proceeds of any insurance	57341
contract not specified in this division (C) without the written	57342
consent of the tax commissioner.	57343

(D) No trust company or other corporation or person shall pay	57344
the proceeds of any death benefit, retirement, pension or profit	57345
sharing plan in excess of two thousand dollars, without the	57346
written consent of the tax commissioner. Such trust company or	57347
other corporation or person, however, may pay the proceeds of any	57348
death benefit, retirement, pension, or profit-sharing plan which	57349
consists of insurance on the life of the decedent payable to a	57350
beneficiary other than the estate of the insured without the	57351
written consent of the tax commissioner.	57352

(E) No safe deposit company, trust company, financial	57353
institution as defined in division (A) of section 5725.01 of the	57354
Revised Code, or other corporation or person, having in	57355
possession, control, or custody securities, assets, or other	57356
property (including the shares of the capital stock of, or other	57357
interest in, such safe deposit company, trust company, financial	57358
institution as defined in division (A) of section 5725.01 of the	57359
Revised Code, or other corporation), standing in the name of a	57360
decedent, or in trust for a decedent, or in the name of a decedent	57361
and another person or persons, and the transfer of which is	57362
taxable under Chapter 5731. of the Revised Code, shall deliver or	57363
transfer any such securities, assets, or other property which have	57364
a value as of the date of decedent's death in excess of	57365
three-fourths of the total value thereof, without the written	57366
consent of the tax commissioner. The written consent of the tax	57367
commissioner need not be obtained prior to the delivery or	57368
transfer of any such securities, assets, or other property having	57369
a value of three-fourths or less of said total value.	57370

(F) No safe deposit company, financial institution as defined	57371
in division (A) of section 5725.01 of the Revised Code, or other	57372
corporation or person having possession or control of a safe	57373
deposit box or similar receptacle standing in the name of a	57374
decedent or in the name of the decedent and another person or	57375
persons, or to which the decedent had a right of access, except	57376
when such safe deposit box or other receptacle stands in the name	57377
of a corporation or partnership, or in the name of the decedent as	57378
guardian or executor, shall deliver any of the contents thereof	57379
unless the safe deposit box or similar receptacle has been opened	57380
and inventoried in the presence of the tax commissioner or the	57381
commissioner's agent, and a written consent to transfer issued;	57382
provided, however, that a safe deposit company, financial	57383
institution, or other corporation or person having possession or	57384
control of a safe deposit box may deliver wills, deeds to burial	57385
lots, and insurance policies to a representative of the decedent,	57386
but that a representative of the safe deposit company, financial	57387
institution, or other corporation or person must supervise the	57388
opening of the box and make a written record of the wills, deeds,	57389
and policies removed. Such written record shall be included in the	57390
tax commissioner's inventory records.	57391

(G) Notwithstanding any provision of this section:

57392

(1) The tax commissioner may authorize any delivery or	57393
transfer or waive any of the foregoing requirements under such	57394
terms and conditions as the commissioner may prescribe;	57395

(2) An adult care facility, as defined in section 3722.01 of	57396
the Revised Code, or a home, as defined in section 3721.10 of the	57397
Revised Code, may transfer or use the money in a personal needs	57398
allowance account in accordance with section ~~5111.112~~5111.113 of	57399
the Revised Code without the written consent of the tax	57400
commissioner, and without the account having been opened and	57401
inventoried in the presence of the commissioner or the	57402
commissioner's agent.	57403

Failure to comply with this section shall render such safe	57404
deposit company, trust company, life insurance company, financial	57405
institution as defined in division (A) of section 5725.01 of the	57406
Revised Code, or other corporation or person liable for the amount	57407
of the taxes and interest due under the provisions of Chapter	57408
5731. of the Revised Code on the transfer of such stock, deposit,	57409
proceeds of an annuity or matured endowment contract or of a life	57410
insurance contract payable to the estate of a decedent, or other	57411
insurance contract taxable under Chapter 5731. of the Revised	57412
Code, proceeds of any death benefit, retirement, pension, or	57413
profit sharing plan in excess of two thousand dollars, or	57414
securities, assets, or other property of any resident decedent,	57415
and in addition thereto, to a penalty of not less than five	57416
hundred or more than five thousand dollars.	57417

Sec. 5731.41. To enforce section 5731.39 of the Revised	57418
Code, the tax commissioner may appoint agents in the unclassified	57419
civil service who shall perform such duties as are prescribed by	57420
the commissioner. Such agents shall, as compensation, receive	57421
annually eight cents per capita for each full one thousand of the	57422
first twenty thousand of the population of the county and two	57423
cents per capita for each full one thousand over twenty thousand	57424
of the population of the county, as shown by the last federal	57425
census, which shall be paid in equal monthly installments from the	57426
undivided inheritance or estate tax in the county treasury on the	57427
warrant of the county auditor or from the county real estate	57428
assessment fund, any other provision of law to the contrary	57429
notwithstanding. The amount paid to any agent in the unclassified	57430
service for duties performed in estate tax matters, as directed by	57431
the commissioner, shall not exceed three thousand nor be less than	57432
twelve hundred dollars in any calendar year.	57433

Sec. 5733.01. (A) The tax provided by this chapter for	57434
domestic corporations shall be the amount charged against each	57435
corporation organized for profit under the laws of this state and	57436
each nonprofit corporation organized pursuant to Chapter 1729. of	57437
the Revised Code, except as provided in sections 5733.09 and	57438
5733.10 of the Revised Code, for the privilege of exercising its	57439
franchise during the calendar year in which that amount is	57440
payable, and the tax provided by this chapter for foreign	57441
corporations shall be the amount charged against each corporation	57442
organized for profit and each nonprofit corporation organized or	57443
operating in the same or similar manner as nonprofit corporations	57444
organized under Chapter 1729. of the Revised Code, under the laws	57445
of any state or country other than this state, except as provided	57446
in sections 5733.09 and 5733.10 of the Revised Code, for the	57447
privilege of doing business in this state, owning or using a part	57448
or all of its capital or property in this state, holding a	57449
certificate of compliance with the laws of this state authorizing	57450
it to do business in this state, or otherwise having nexus in or	57451
with this state under the Constitution of the United States,	57452
during the calendar year in which that amount is payable.	57453

(B) A corporation is subject to the tax imposed by section	57454
5733.06 of the Revised Code for each calendar year that it is so	57455
organized, doing business, owning or using a part or all of its	57456
capital or property, holding a certificate of compliance, or	57457
otherwise having nexus in or with this state under the	57458
Constitution of the United States, on the first day of January of	57459
that calendar year.	57460

(C) Any corporation subject to this chapter that is not	57461
subject to the federal income tax shall file its returns and	57462
compute its tax liability as required by this chapter in the same	57463
manner as if that corporation were subject to the federal income	57464
tax.	57465

(D) For purposes of this chapter, a federally chartered	57466
financial institution shall be deemed to be organized under the	57467
laws of the state within which its principal office is located.	57468

(E) ~~Any~~For purposes of this chapter, any person, as defined	57469
in section 5701.01 of the Revised Code, shall be treated as a	57470
corporation ~~for purposes of this chapter~~ if the person is	57471
classified for federal income tax purposes as an association	57472
taxable as a corporation, and an equity interest in the person	57473
shall be treated as capital stock of the person.	57474

(F) For the purposes of this chapter, "disregarded entity"	57475
has the same meaning as in division (D) of section 5745.01 of the	57476
Revised Code.	57477

(1) A person's interest in a disregarded entity, whether held	57478
directly or indirectly, shall be treated as the person's ownership	57479
of the assets and liabilities of the disregarded entity, and the	57480
income, including gain or loss, shall be included in the person's	57481
net income under this chapter.	57482

(2) Any sale, exchange, or other disposition of the person's	57483
interest in the disregarded entity, whether held directly or	57484
indirectly, shall be treated as a sale, exchange, or other	57485
disposition of the person's share of the disregarded entity's	57486
underlying assets or liabilities, and the gain or loss from such	57487
sale, exchange, or disposition shall be included in the person's	57488
net income under this chapter.	57489

(3) The disregarded entity's payroll, property, and sales	57490
factors shall be included in the person's factors.	57491

(G) The tax a corporation is required to pay under this	57492
chapter shall be as follows:	57493

(1)(a) For financial institutions, the greater of the minimum	57494
payment required under division (E) of section 5733.06 of the	57495
Revised Code or the difference between all taxes charged the	57496
financial institution under this chapter, without regard to	57497
division (G)(2) of this section, less any credits allowable	57498
against such tax.	57499

(b) A corporation satisfying the description in division	57500
(E)(5), (6), (7), (8), or (9) of section 5751.01 of the Revised	57501
Code that is not a financial institution, insurance company, or	57502
dealer in intangibles is subject to the taxes imposed under this	57503
chapter as a corporation and not subject to tax as a financial	57504
institution, and shall pay the greater of the minimum payment	57505
required under division (E) of section 5733.06 of the Revised Code	57506
or the difference between all the taxes charged under this	57507
chapter, without regard to division (G)(2) of this section, less	57508
any credits allowable against such tax.	57509

(2) For all corporations other than those persons described	57510
in division (G)(1)(a) or (b) of this section, the amount under	57511
division (G)(2)(a) of this section applicable to the tax year	57512
specified less the amount under division (G)(2)(b) of this	57513
section:	57514

(a)(i) For tax year 2005, the greater of the minimum payment	57515
required under division (E) of section 5733.06 of the Revised Code	57516
or the difference between all taxes charged the corporation under	57517
this chapter less any credits allowable against such tax except	57518
the qualifying pass-through entity tax credit described in	57519
division (A)(1) and the refundable credits described in divisions	57520
(A)(29), (30), and (31) of section 5733.98 of the Revised Code;	57521

(ii) For tax year 2006, the greater of the minimum payment	57522
required under division (E) of section 5733.06 of the Revised Code	57523
or four-fifths of the difference between all taxes charged the	57524
corporation under this chapter less any credits allowable against	57525
such tax except the qualifying pass-through entity tax credit	57526
described in division (A)(1) and the refundable credits described	57527
in divisions (A)(29), (30), and (31) of section 5733.98 of the	57528
Revised Code;	57529

(iii) For tax year 2007, the greater of the minimum payment	57530
required under division (E) of section 5733.06 of the Revised Code	57531
or three-fifths of the difference between all taxes charged the	57532
corporation under this chapter less any credits allowable against	57533
such tax except the qualifying pass-through entity tax credit	57534
described in division (A)(1) and the refundable credits described	57535
in divisions (A)(29), (30), and (31) of section 5733.98 of the	57536
Revised Code;	57537

(iv) For tax year 2008, the greater of the minimum payment	57538
required under division (E) of section 5733.06 of the Revised Code	57539
or two-fifths of the difference between all taxes charged the	57540
corporation under this chapter less any credits allowable against	57541
such tax except the qualifying pass-through entity tax credit	57542
described in division (A)(1) and the refundable credits described	57543
in divisions (A)(29), (30), and (31) of section 5733.98 of the	57544
Revised Code except the qualifying pass-through entity tax credit	57545
under division (A)(1) and the refundable credits under divisions	57546
(A)(29), (30), and (31) of section 5733.98 of the Revised Code;	57547

(v) For tax year 2009, the greater of the minimum payment	57548
required under division (E) of section 5733.06 of the Revised Code	57549
or one-fifth of the difference between all taxes charged the	57550
corporation under this chapter less any credits allowable against	57551
such tax except the qualifying pass-through entity tax credit	57552
described in division (A)(1) and the refundable credits described	57553
in divisions (A)(29), (30), and (31) of section 5733.98 of the	57554
Revised Code except the qualifying pass-through entity tax credit	57555
under division (A)(1) and the refundable credits under divisions	57556
(A)(29), (30), and (31) of section 5733.98 of the Revised Code;	57557

(vi) For tax year 2010 and each tax year thereafter, no tax.

57558

(b) A corporation shall subtract from the amount calculated	57559
under division (G)(2)(a)(i), (ii), (iii), (iv), or (v) of this	57560
section any qualifying pass-through entity tax credit described in	57561
division (A)(1) or any refundable credit described in division	57562
(A)(29), (30), or (31) of section 5733.98 of the Revised Code to	57563
which the corporation is entitled. Any unused qualifying	57564
pass-through entity tax credit is not refundable.	57565

Sec. 5733.065. (A) As used in this section, "litter stream	57566
products" means:	57567

(1) Intoxicating liquor, beer, wine, mixed beverages, or	57568
spirituous liquor as defined in section 4301.01 of the Revised	57569
Code;	57570

(2) Soft drinks as defined in section 913.22 of the Revised	57571
Code;	57572

(3) Glass, metal, plastic, or fiber containers with a	57573
capacity of less than two gallons sold for the purpose of being	57574
incorporated into or becoming a part of a product enumerated in	57575
divisions (A)(1) and (2) of this section;	57576

(4) Container crowns and closures sold for the purpose of	57577
being incorporated into or becoming a part of a product enumerated	57578
in divisions (A)(1) and (2) of this section;	57579

(5) Packaging materials transferred or intended for transfer	57580
of use or possession in conjunction with retail sales of products	57581
enumerated in divisions (A)(1) and (2) of this section;	57582

(6) Packaging materials in the finished form in which they	57583
are to be used, including sacks, bags, cups, lids, straws, plates,	57584
wrappings, boxes, or containers of any type used in the packaging	57585
or serving of food or beverages, when the food or beverages are	57586
prepared for human consumption by a restaurant or take-out food	57587
outlet at the premises where sold at retail and are delivered to a	57588
purchaser for consumption off the premises where the food or	57589
beverages are sold;	57590

(7) Cigarettes, cigars, tobacco, matches, candy, and gum.

57591

(B) For the purpose of providing additional funding for ~~the~~	57592
~~division of~~ recycling and litter prevention ~~under Chapter 1502. of~~	57593
~~the Revised Code~~, there is hereby levied an additional tax on	57594
corporations for the privilege of manufacturing or selling litter	57595
stream products in this state. The tax imposed by this section is	57596
in addition to the tax charged under section 5733.06 of the	57597
Revised Code, computed at the rate prescribed by section 5733.066	57598
of the Revised Code. ~~This section does not apply for tax year 1981~~	57599
~~to a corporation whose taxable year for tax year 1981 ended on or~~	57600
~~before June 30, 1980.~~	57601

(C) The tax shall be imposed upon each corporation subject to	57602
the tax imposed by section 5733.06 of the Revised Code that	57603
manufactures or sells litter stream products in this state. The	57604
tax for each year shall be in an amount equal to the greater of	57605
either:	57606

(1) Twenty-two hundredths of one per cent upon the value of	57607
that portion of the taxpayer's issued and outstanding shares of	57608
stock as determined under division (B) of section 5733.05 of the	57609
Revised Code that is subject to the rate contained in division (B)	57610
of section 5733.06 of the Revised Code;	57611

(2) Fourteen one-hundredths of a mill times the value of the	57612
taxpayer's issued and outstanding shares of stock as determined	57613
under division (C) of section 5733.05 of the Revised Code.	57614

The additional tax charged any taxpayer or group of combined	57615
taxpayers pursuant to this section for any tax year shall not	57616
exceed five thousand dollars.	57617

(D)(1) In the case of a corporation engaged in the business	57618
of manufacturing litter stream products, no tax shall be due under	57619
this section unless the sale of litter stream products in this	57620
state during the taxable year exceeds five per cent of the total	57621
sales in this state of the corporation during that period or	57622
unless the total sales in this state of litter stream products by	57623
the corporation during the taxable year exceed ten million	57624
dollars.	57625

(2) In the case of a corporation engaged in the business of	57626
selling litter stream products in the form in which the item is or	57627
is to be received, no tax shall be due under this section unless	57628
the corporation's sales of litter stream products in this state	57629
during the taxable year constitute more than five per cent of its	57630
total sales in this state during that period.	57631

(3) In the case of a corporation transferring possession of	57632
litter stream products included in division (A)(6) of this	57633
section, in which food or beverages prepared for human consumption	57634
are placed, when the food or beverages are prepared for retail	57635
sale at the premises where sold and are delivered to a purchaser	57636
for consumption off the premises where the food or beverages are	57637
sold, no tax shall be due under this section unless such sales for	57638
off-premises consumption during the taxable year exceed five per	57639
cent of the corporation's total annual sales during the taxable	57640
year.	57641

(E)(1) The tax imposed by this section is due in the	57642
proportions and on the dates on which the tax imposed by section	57643
5733.06 of the Revised Code may be paid without penalty.	57644

(2) Payment of the tax and any reports or returns required to	57645
enable the tax commissioner to determine the correct amount of the	57646
tax shall be submitted with and are due at the same time as	57647
payments and reports required to be submitted under this chapter.	57648

(3) If the tax is not paid in full on or before the date	57649
required by division (E)(1) of this section, the unpaid portion of	57650
the tax due and unpaid shall be subject to all provisions of this	57651
chapter for the collection of unpaid, delinquent taxes imposed by	57652
section 5733.06 of the Revised Code, except that all such taxes,	57653
interest, and penalties, when collected, shall be treated as	57654
proceeds arising from the tax imposed by this section and shall be	57655
deposited in the general revenue fund.	57656

The tax levied on corporations under this section does not	57657
prohibit or otherwise limit the authority of municipal	57658
corporations to impose an income tax on the income of such	57659
corporations.	57660

Sec. 5733.066. There shall be added to the rates contained	57661
in section 5733.06 of the Revised Code the following:	57662

(A) To the rate in division (A) of that section upon that	57663
portion of the value of the taxpayer's issued and outstanding	57664
shares of stock as determined under division (B) of section	57665
5733.05 of the Revised Code that is subject to such rate, an	57666
additional eleven-hundredths per cent upon that value to provide	57667
funding for ~~the division of~~ recycling and litter prevention ~~under~~	57668
~~Chapter 1502. of the Revised Code~~;	57669

(B) To the rate in division (B) of that section upon that	57670
portion of the value so determined that is subject to that rate,	57671
an additional twenty-two-hundredths per cent upon that value to	57672
provide funding for ~~the division~~ recycling and litter prevention	57673
~~under Chapter 1502. of the Revised Code~~;	57674

(C) To the rate in division (C) of that section times that	57675
portion of the value of the taxpayer's issued and outstanding	57676
shares of stock as determined under division (C) of section	57677
5733.05 of the Revised Code, an additional fourteen one-hundredths	57678
mills times that value to provide funding for ~~the division of~~	57679
recycling and litter prevention ~~under Chapter 1502. of the Revised~~	57680
~~Code~~.	57681

The additional tax charged any taxpayer or group of combined	57682
taxpayers pursuant to this section for any tax year shall not	57683
exceed five thousand dollars.	57684

This section does not apply to any family farm corporation as	57685
defined in section 4123.01 of the Revised Code.	57686

The tax levied on corporations under this section does not	57687
prohibit or otherwise limit the authority of municipal	57688
corporations to impose an income tax on the income of such	57689
corporations.	57690

Sec. 5733.33. (A) As used in this section:

57691

(1) "Manufacturing machinery and equipment" means engines and	57692
machinery, and tools and implements, of every kind used, or	57693
designed to be used, in refining and manufacturing. "Manufacturing	57694
machinery and equipment" does not include property acquired after	57695
December 31, 1999, that is used:	57696

(a) For the transmission and distribution of electricity;

57697

(b) For the generation of electricity, if fifty per cent or	57698
more of the electricity that the property generates is consumed,	57699
during the one-hundred-twenty-month period commencing with the	57700
date the property is placed in service, by persons that are not	57701
related members to the person who generates the electricity.	57702

(2) "New manufacturing machinery and equipment" means	57703
manufacturing machinery and equipment, the original use in this	57704
state of which commences with the taxpayer or with a partnership	57705
of which the taxpayer is a partner. "New manufacturing machinery	57706
and equipment" does not include property acquired after December	57707
31, 1999, that is used:	57708

(a) For the transmission and distribution of electricity;

57709

(b) For the generation of electricity, if fifty per cent or	57710
more of the electricity that the property generates is consumed,	57711
during the one-hundred-twenty-month period commencing with the	57712
date the property is placed in service, by persons that are not	57713
related members to the person who generates the electricity.	57714

(3)(a) "Purchase" has the same meaning as in section	57715
179(d)(2) of the Internal Revenue Code.	57716

(b) For purposes of this section, any property that is not	57717
manufactured or assembled primarily by the taxpayer is considered	57718
purchased at the time the agreement to acquire the property	57719
becomes binding. Any property that is manufactured or assembled	57720
primarily by the taxpayer is considered purchased at the time the	57721
taxpayer places the property in service in the county for which	57722
the taxpayer will calculate the county excess amount.	57723

(c) Notwithstanding section 179(d) of the Internal Revenue	57724
Code, a taxpayer's direct or indirect acquisition of new	57725
manufacturing machinery and equipment is not purchased on or after	57726
July 1, 1995, if the taxpayer, or a person whose relationship to	57727
the taxpayer is described in subparagraphs (A), (B), or (C) of	57728
section 179(d)(2) of the Internal Revenue Code, had directly or	57729
indirectly entered into a binding agreement to acquire the	57730
property at any time prior to July 1, 1995.	57731

(4) "Qualifying period" means the period that begins July 1,	57732
1995, and ends ~~December 31, 2015~~June 30, 2005.	57733

(5) "County average new manufacturing machinery and equipment	57734
investment" means either of the following:	57735

(a) The average annual cost of new manufacturing machinery	57736
and equipment purchased for use in the county during baseline	57737
years, in the case of a taxpayer that was in existence for more	57738
than one year during baseline years.	57739

(b) Zero, in the case of a taxpayer that was not in existence	57740
for more than one year during baseline years.	57741

(6) "Partnership" includes a limited liability company formed	57742
under Chapter 1705. of the Revised Code or under the laws of any	57743
other state, provided that the company is not classified for	57744
federal income tax purposes as an association taxable as a	57745
corporation.	57746

(7) "Partner" includes a member of a limited liability	57747
company formed under Chapter 1705. of the Revised Code or under	57748
the laws of any other state, provided that the company is not	57749
classified for federal income tax purposes as an association	57750
taxable as a corporation.	57751

(8) "Distressed area" means either a municipal corporation	57752
that has a population of at least fifty thousand or a county that	57753
meets two of the following criteria of economic distress, or a	57754
municipal corporation the majority of the population of which is	57755
situated in such a county:	57756

(a) Its average rate of unemployment, during the most recent	57757
five-year period for which data are available, is equal to at	57758
least one hundred twenty-five per cent of the average rate of	57759
unemployment for the United States for the same period;	57760

(b) It has a per capita income equal to or below eighty per	57761
cent of the median county per capita income of the United States	57762
as determined by the most recently available figures from the	57763
United States census bureau;	57764

(c)(i) In the case of a municipal corporation, at least	57765
twenty per cent of the residents have a total income for the most	57766
recent census year that is below the official poverty line;	57767

(ii) In the case of a county, in intercensal years, the	57768
county has a ratio of transfer payment income to total county	57769
income equal to or greater than twenty-five per cent.	57770

(9) "Eligible area" means a distressed area, a labor surplus	57771
area, an inner city area, or a situational distress area.	57772

(10) "Inner city area" means, in a municipal corporation that	57773
has a population of at least one hundred thousand and does not	57774
meet the criteria of a labor surplus area or a distressed area,	57775
targeted investment areas established by the municipal corporation	57776
within its boundaries that are comprised of the most recent census	57777
block tracts that individually have at least twenty per cent of	57778
their population at or below the state poverty level or other	57779
census block tracts contiguous to such census block tracts.	57780

(11) "Labor surplus area" means an area designated as a labor	57781
surplus area by the United States department of labor.	57782

(12) "Official poverty line" has the same meaning as in	57783
division (A) of section 3923.51 of the Revised Code.	57784

(13) "Situational distress area" means a county or a	57785
municipal corporation that has experienced or is experiencing a	57786
closing or downsizing of a major employer, that will adversely	57787
affect the county's or municipal corporation's economy. In order	57788
to be designated as a situational distress area for a period not	57789
to exceed thirty-six months, the county or municipal corporation	57790
may petition the director of development. The petition shall	57791
include written documentation that demonstrates all of the	57792
following adverse effects on the local economy:	57793

(a) The number of jobs lost by the closing or downsizing;

57794

(b) The impact that the job loss has on the county's or	57795
municipal corporation's unemployment rate as measured by the state	57796
director of job and family services;	57797

57798

(d) The amount of state and local taxes associated with the	57799
job loss;	57800

(e) The impact that the closing or downsizing has on the	57801
suppliers located in the county or municipal corporation.	57802

(14) "Cost" has the same meaning and limitation as in section	57803
179(d)(3) of the Internal Revenue Code.	57804

(15) "Baseline years" means:

57805

(a) Calendar years 1992, 1993, and 1994, with regard to a	57806
credit claimed for the purchase during calendar year 1995, 1996,	57807
1997, or 1998 of new manufacturing machinery and equipment;	57808

(b) Calendar years 1993, 1994, and 1995, with regard to a	57809
credit claimed for the purchase during calendar year 1999 of new	57810
manufacturing machinery and equipment;	57811

(c) Calendar years 1994, 1995, and 1996, with regard to a	57812
credit claimed for the purchase during calendar year 2000 of new	57813
manufacturing machinery and equipment;	57814

(d) Calendar years 1995, 1996, and 1997, with regard to a	57815
credit claimed for the purchase during calendar year 2001 of new	57816
manufacturing machinery and equipment;	57817

(e) Calendar years 1996, 1997, and 1998, with regard to a	57818
credit claimed for the purchase during calendar year 2002 of new	57819
manufacturing machinery and equipment;	57820

(f) Calendar years 1997, 1998, and 1999, with regard to a	57821
credit claimed for the purchase during calendar year 2003 of new	57822
manufacturing machinery and equipment;	57823

(g) Calendar years 1998, 1999, and 2000, with regard to a	57824
credit claimed for the purchase during calendar year 2004 of new	57825
manufacturing machinery and equipment;	57826

(h) Calendar years 1999, 2000, and 2001, with regard to a	57827
credit claimed for the purchase ~~during calendar year 2005~~on or	57828
after January 1, 2005, and on or before June 30, 2005, of new	57829
manufacturing machinery and equipment;	57830

~~(i) Calendar years 2000, 2001, and 2002, with regard to a~~	57831
~~credit claimed for the purchase during calendar year 2006 of new~~	57832
~~manufacturing machinery and equipment;~~	57833

~~(j) Calendar years 2001, 2002, and 2003, with regard to a~~	57834
~~credit claimed for the purchase during calendar year 2007 of new~~	57835
~~manufacturing machinery and equipment;~~	57836

~~(k) Calendar years 2002, 2003, and 2004, with regard to a~~	57837
~~credit claimed for the purchase during calendar year 2008 of new~~	57838
~~manufacturing machinery and equipment;~~	57839

~~(l) Calendar years 2003, 2004, and 2005, with regard to a~~	57840
~~credit claimed for the purchase during calendar year 2009 of new~~	57841
~~manufacturing machinery and equipment;~~	57842

~~(m) Calendar years 2004, 2005, and 2006, with regard to a~~	57843
~~credit claimed for the purchase during calendar year 2010 of new~~	57844
~~manufacturing machinery and equipment;~~	57845

~~(n) Calendar years 2005, 2006, and 2007, with regard to a~~	57846
~~credit claimed for the purchase during calendar year 2011 of new~~	57847
~~manufacturing machinery and equipment;~~	57848

~~(o) Calendar years 2006, 2007, and 2008, with regard to a~~	57849
~~credit claimed for the purchase during calendar year 2012 of new~~	57850
~~manufacturing machinery and equipment;~~	57851

~~(p) Calendar years 2007, 2008, and 2009, with regard to a~~	57852
~~credit claimed for the purchase during calendar year 2013 of new~~	57853
~~manufacturing machinery and equipment;~~	57854

~~(q) Calendar years 2008, 2009, and 2010, with regard to a~~	57855
~~credit claimed for the purchase during calendar year 2014 of new~~	57856
~~manufacturing machinery and equipment;~~	57857

~~(r) Calendar years 2009, 2010, and 2011, with regard to a~~	57858
~~credit claimed for the purchase during calendar year 2015 of new~~	57859
~~manufacturing machinery and equipment~~.	57860

(16) "Related member" has the same meaning as in section	57861
5733.042 of the Revised Code.	57862

(B)(1) Subject to division (I) of this section, a	57863
nonrefundable credit is allowed against the tax imposed by section	57864
5733.06 of the Revised Code for a taxpayer that purchases new	57865
manufacturing machinery and equipment during the qualifying	57866
period, provided that the new manufacturing machinery and	57867
equipment are installed in this state no later than ~~December 31,~~	57868
~~2016~~ June 30, 2006.	57869

(2)(a) Except as otherwise provided in division (B)(2)(b) of	57870
this section, a credit may be claimed under this section in excess	57871
of one million dollars only if the cost of all manufacturing	57872
machinery and equipment owned in this state by the taxpayer	57873
claiming the credit on the last day of the calendar year exceeds	57874
the cost of all manufacturing machinery and equipment owned in	57875
this state by the taxpayer on the first day of that calendar year.	57876

As used in division (B)(2)(a) of this section, "calendar	57877
year" means the calendar year in which the machinery and equipment	57878
for which the credit is claimed was purchased.	57879

(b) Division (B)(2)(a) of this section does not apply if the	57880
taxpayer claiming the credit applies for and is issued a waiver of	57881
the requirement of that division. A taxpayer may apply to the	57882
director of development for such a waiver in the manner prescribed	57883
by the director, and the director may issue such a waiver if the	57884
director determines that granting the credit is necessary to	57885
increase or retain employees in this state, and that the credit	57886
has not caused relocation of manufacturing machinery and equipment	57887
among counties within this state for the primary purpose of	57888
qualifying for the credit.	57889

(C)(1) Except as otherwise provided in division (C)(2) and	57890
division (I) of this section, the credit amount is equal to seven	57891
and one-half per cent of the excess of the cost of the new	57892
manufacturing machinery and equipment purchased during the	57893
calendar year for use in a county over the county average new	57894
manufacturing machinery and equipment investment for that county.	57895

(2) Subject to division (I) of this section, as used in	57896
division (C)(2) of this section "county excess" means the	57897
taxpayer's excess cost for a county as computed under division	57898
(C)(1) of this section.	57899

Subject to division (I) of this section, a taxpayer with a	57900
county excess, whose purchases included purchases for use in any	57901
eligible area in the county, the credit amount is equal to	57902
thirteen and one-half per cent of the cost of the new	57903
manufacturing machinery and equipment purchased during the	57904
calendar year for use in the eligible areas in the county,	57905
provided that the cost subject to the thirteen and one-half per	57906
cent rate shall not exceed the county excess. If the county excess	57907
is greater than the cost of the new manufacturing machinery and	57908
equipment purchased during the calendar year for use in eligible	57909
areas in the county, the credit amount also shall include an	57910
amount equal to seven and one-half per cent of the amount of the	57911
difference.	57912

(3) If a taxpayer is allowed a credit for purchases of new	57913
manufacturing machinery and equipment in more than one county or	57914
eligible area, it shall aggregate the amount of those credits each	57915
year.	57916

(4) The taxpayer shall claim one-seventh of the credit amount	57917
for the tax year immediately following the calendar year in which	57918
the new manufacturing machinery and equipment is purchased for use	57919
in the county by the taxpayer or partnership. One-seventh of the	57920
taxpayer credit amount is allowed for each of the six ensuing tax	57921
years. Except for carried-forward amounts, the taxpayer is not	57922
allowed any credit amount remaining if the new manufacturing	57923
machinery and equipment is sold by the taxpayer or partnership or	57924
is transferred by the taxpayer or partnership out of the county	57925
before the end of the seven-year period unless, at the time of the	57926
sale or transfer, the new manufacturing machinery and equipment	57927
has been fully depreciated for federal income tax purposes.	57928

(5)(a) A taxpayer that acquires manufacturing machinery and	57929
equipment as a result of a merger with the taxpayer with whom	57930
commenced the original use in this state of the manufacturing	57931
machinery and equipment, or with a taxpayer that was a partner in	57932
a partnership with whom commenced the original use in this state	57933
of the manufacturing machinery and equipment, is entitled to any	57934
remaining or carried-forward credit amounts to which the taxpayer	57935
was entitled.	57936

(b) A taxpayer that enters into an agreement under division	57937
(C)(3) of section 5709.62 of the Revised Code and that acquires	57938
manufacturing machinery or equipment as a result of purchasing a	57939
large manufacturing facility, as defined in section 5709.61 of the	57940
Revised Code, from another taxpayer with whom commenced the	57941
original use in this state of the manufacturing machinery or	57942
equipment, and that operates the large manufacturing facility so	57943
purchased, is entitled to any remaining or carried-forward credit	57944
amounts to which the other taxpayer who sold the facility would	57945
have been entitled under this section had the other taxpayer not	57946
sold the manufacturing facility or equipment.	57947

(c) New manufacturing machinery and equipment is not	57948
considered sold if a pass-through entity transfers to another	57949
pass-through entity substantially all of its assets as part of a	57950
plan of reorganization under which substantially all gain and loss	57951
is not recognized by the pass-through entity that is transferring	57952
the new manufacturing machinery and equipment to the transferee	57953
and under which the transferee's basis in the new manufacturing	57954
machinery and equipment is determined, in whole or in part, by	57955
reference to the basis of the pass-through entity which	57956
transferred the new manufacturing machinery and equipment to the	57957
transferee.	57958

(d) Division (C)(5) of this section shall apply only if the	57959
acquiring taxpayer or transferee does not sell the new	57960
manufacturing machinery and equipment or transfer the new	57961
manufacturing machinery and equipment out of the county before the	57962
end of the seven-year period to which division (C)(4) of this	57963
section refers.	57964

(e) Division (C)(5)(b) of this section applies only to the	57965
extent that the taxpayer that sold the manufacturing machinery or	57966
equipment, upon request, timely provides to the tax commissioner	57967
any information that the tax commissioner considers to be	57968
necessary to ascertain any remaining or carried-forward amounts to	57969
which the taxpayer that sold the facility would have been entitled	57970
under this section had the taxpayer not sold the manufacturing	57971
machinery or equipment. Nothing in division (C)(5)(b) or (e) of	57972
this section shall be construed to allow a taxpayer to claim any	57973
credit amount with respect to the acquired manufacturing machinery	57974
or equipment that is greater than the amount that would have been	57975
available to the other taxpayer that sold the manufacturing	57976
machinery or equipment had the other taxpayer not sold the	57977
manufacturing machinery or equipment.	57978

(D) The taxpayer shall claim the credit in the order required	57979
under section 5733.98 of the Revised Code. Each year, any credit	57980
amount in excess of the tax due under section 5733.06 of the	57981
Revised Code after allowing for any other credits that precede the	57982
credit under this section in that order may be carried forward for	57983
three tax years.	57984

(E) A taxpayer purchasing new manufacturing machinery and	57985
equipment and intending to claim the credit shall file, with the	57986
department of development, a notice of intent to claim the credit	57987
on a form prescribed by the department of development. The	57988
department of development shall inform the tax commissioner of the	57989
notice of intent to claim the credit.	57990

(F) The director of development shall annually certify, by	57991
the first day of January of each year during the qualifying	57992
period, the eligible areas for the tax credit for the calendar	57993
year that includes that first day of January. The director shall	57994
send a copy of the certification to the tax commissioner.	57995

(G) New manufacturing machinery and equipment for which a	57996
taxpayer claims the credit under section 5733.31, 5733.311,	57997
5747.26, or 5747.261 of the Revised Code shall not be considered	57998
new manufacturing machinery and equipment for purposes of the	57999
credit under this section.	58000

(H)(1) Notwithstanding sections 5733.11 and 5747.13 of the	58001
Revised Code, but subject to division (H)(2) of this section, the	58002
tax commissioner may issue an assessment against a person with	58003
respect to a credit claimed under this section for new	58004
manufacturing machinery and equipment described in division	58005
(A)(1)(b) or (2)(b) of this section, if the machinery or equipment	58006
subsequently does not qualify for the credit.	58007

(2) Division (H)(1) of this section shall not apply after the	58008
twenty-fourth month following the last day of the period described	58009
in divisions (A)(1)(b) and (2)(b) of this section.	58010

(I) Notwithstanding any other provision of this section to	58011
the contrary, in the case of a qualifying controlled group, the	58012
credit available under this section to a taxpayer or taxpayers in	58013
the qualifying controlled group shall be computed as if all	58014
corporations in the group were a single corporation. The credit	58015
shall be allocated to such a taxpayer or taxpayers in the group in	58016
any amount elected for the taxable year by the group. Such	58017
election shall be revocable and amendable during the period	58018
described in division (B) of section 5733.12 of the Revised Code.	58019

This division applies to all purchases of new manufacturing	58020
machinery and equipment made on or after January 1, 2001, and to	58021
all baseline years used to compute any credit attributable to such	58022
purchases; provided, that this division may be applied solely at	58023
the election of the qualifying controlled group with respect to	58024
all purchases of new manufacturing machinery and equipment made	58025
before that date, and to all baseline years used to compute any	58026
credit attributable to such purchases. The qualifying controlled	58027
group at any time may elect to apply this division to purchases	58028
made prior to January 1, 2001, subject to the following:	58029

(1) The election is irrevocable;

58030

(2) The election need not accompany a timely filed report,	58031
but the election may accompany a subsequently filed but timely	58032
application for refund, a subsequently filed but timely amended	58033
report, or a subsequently filed but timely petition for	58034
reassessment.	58035

(J) Any credit for purchases of new manufacturing machinery	58036
and equipment made before July 1, 2005, may be claimed as provided	58037
in division (C) of this section and, each year, any amount of	58038
credit for such purchases in excess of the tax due under section	58039
5733.06 of the Revised Code after allowing for any other credits	58040
that precede the credit in the order required under section	58041
5733.98 of the Revised Code may be carried forward as provided in	58042
division (D) of this section.	58043

Sec. 5733.351. (A) As used in this section, "qualified	58044
research expenses" has the same meaning as in section 41 of the	58045
Internal Revenue Code.	58046

(B)(1) A nonrefundable credit is allowed against the tax	58047
imposed by section 5733.06 of the Revised Code for tax year 2002	58048
for a taxpayer whose taxable year for tax year 2002 ended before	58049
July 1, 2001. The credit shall equal seven per cent of the excess	58050
of qualified research expenses incurred in this state by the	58051
taxpayer between January 1, 2001, and the end of the taxable year,	58052
over the taxpayer's average annual qualified research expenses	58053
incurred in this state for the three preceding taxable years.	58054

(2) A nonrefundable credit also is allowed against the tax	58055
imposed by section 5733.06 of the Revised Code for each tax year,	58056
commencing with tax year 2004 and ending with tax year 2008. The	58057
credit shall equal seven per cent of the excess of qualified	58058
research expenses incurred in this state by the taxpayer for the	58059
taxable year over the taxpayer's average annual qualified research	58060
expenses incurred in this state for the three preceding taxable	58061
years.	58062

(3) The taxpayer shall claim the credit allowed under	58063
division (B)(1) or (2) of this section in the order required by	58064
section 5733.98 of the Revised Code. Any credit amount in excess	58065
of the tax due under section 5733.06 of the Revised Code, after	58066
allowing for any other credits that precede the credit under this	58067
section in the order required under section 5733.98 of the Revised	58068
Code, may be carried forward for seven taxable years, but the	58069
amount of the excess credit allowed in any such year shall be	58070
deducted from the balance carried forward to the next year. Any	58071
credit not fully utilized by tax year 2008 may be carried forward	58072
and applied against the tax levied by Chapter 5751. of the Revised	58073
Code to the extent allowed under section 5751.51 of the Revised	58074
Code, provided that the total number of taxable years under this	58075
section and calendar years under Chapter 5751. of the Revised Code	58076
for which the credit is carried forward shall not exceed seven.	58077

(C) In the case of a qualifying controlled group, the credit	58078
allowed under division (B)(1) or (2) of this section to taxpayers	58079
in the qualifying controlled group shall be computed as if all	58080
corporations in the qualifying controlled group were a	58081
consolidated, single taxpayer. The credit shall be allocated to	58082
such taxpayers in any amount elected for the taxable year by the	58083
qualifying controlled group. The election shall be revocable and	58084
amendable during the period prescribed by division (B) of section	58085
5733.12 of the Revised Code.	58086

Sec. 5733.352. (A) As used in this section:

58087

(1) "Borrower" means any person that receives a loan from the	58088
director of development under section 166.21 of the Revised Code,	58089
regardless of whether the borrower is subject to the taxes imposed	58090
by sections 5733.06, 5733.065, and 5733.066 of the Revised Code.	58091

(2) "Related member" has the same meaning as in section	58092
5733.042 of the Revised Code.	58093

(3) "Qualified research and development loan payments" has	58094
the same meaning as in division (D) of section 166.21 of the	58095
Revised Code.	58096

(B) Beginning inwith tax year 2004 and ending with tax year	58097
2008, a nonrefundable credit is allowed against the taxes imposed	58098
by sections 5733.06, 5733.065, and 5733.066 of the Revised Code	58099
equal to a borrower's qualified research and development loan	58100
payments made during the calendar year immediately preceding the	58101
tax year for which the credit is claimed. The amount of the credit	58102
for a tax year shall not exceed one hundred fifty thousand	58103
dollars. No taxpayer is entitled to claim a credit under this	58104
section unless it has obtained a certificate issued by the	58105
director of development under division (D) of section 166.21 of	58106
the Revised Code. The credit shall be claimed in the order	58107
required under section 5733.98 of the Revised Code. The credit, to	58108
the extent it exceeds the taxpayer's tax liability for the tax	58109
year after allowance for any other credits that precede the credit	58110
under this section in that order, shall be carried forward to the	58111
next succeeding tax year or years until fully used. Any credit not	58112
fully utilized by tax year 2008 may be carried forward and applied	58113
against the tax levied by Chapter 5751. of the Revised Code to the	58114
extent allowed under section 5751.52 of the Revised Code.	58115

(C) A borrower entitled to a credit under this section may	58116
assign the credit, or a portion thereof, to any of the following:	58117

(1) A related member of that borrower;

58118

(2) The owner or lessee of the eligible research and	58119
development project;	58120

(3) A related member of the owner or lessee of the eligible	58121
research and development project.	58122

A borrower making an assignment under this division shall	58123
provide written notice of the assignment to the tax commissioner	58124
and the director of development, in such form as the tax	58125
commissioner prescribes, before the credit that was assigned is	58126
used. The assignor may not claim the credit to the extent it was	58127
assigned to an assignee. The assignee may claim the credit only to	58128
the extent the assignor has not claimed it.	58129

(D) If any taxpayer is a partner in a partnership or a member	58130
in a limited liability company treated as a partnership for	58131
federal income tax purposes, the taxpayer shall be allowed the	58132
taxpayer's distributive or proportionate share of the credit	58133
available through the partnership or limited liability company.	58134

(E) The aggregate credit against the taxes imposed by	58135
sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised	58136
Code that may be claimed under this section and section 5747.331	58137
of the Revised Code by a borrower as a result of qualified	58138
research and development loan payments attributable during a	58139
calendar year to any one loan shall not exceed one hundred fifty	58140
thousand dollars.	58141

Sec. 5733.40. As used in sections 5733.40 and 5733.41 and	58142
Chapter 5747. of the Revised Code:	58143

(A)(1) "Adjusted qualifying amount" means either of the	58144
following:	58145

(a) The sum of aeach qualifying investor's distributive	58146
share of the income, gain, expense, or loss of a qualifying	58147
pass-through entity for the qualifying taxable year of the	58148
qualifying pass-through entity multiplied by the apportionment	58149
fraction defined in division (B) of this section, subject to	58150
section 5733.401 of the Revised Code and divisions (A)(2) to (7)	58151
of this section;	58152

(b) The sum of aeach qualifying beneficiary's share of the	58153
qualifying net income and qualifying net gain distributed by a	58154
qualifying trust for the qualifying taxable year of the qualifying	58155
trust multiplied by the apportionment fraction defined in division	58156
(B) of this section, subject to section 5733.401 of the Revised	58157
Code and divisions (A)(2) to ~~(6)~~(7) of this section.	58158

(2) The sum shall exclude any amount which, pursuant to the	58159
Constitution of the United States, the Constitution of Ohio, or	58160
any federal law is not subject to a tax on or measured by net	58161
income.	58162

(3) ~~The sum shall be increased by~~For the purposes of	58163
Chapters 5733. and 5747. of the Revised Code, the profit or net	58164
income of the qualifying entity shall be increased by disallowing	58165
all amounts representing expenses, other than amounts described in	58166
division (A)(7) of this section, that the qualifying entity paid	58167
to or incurred with respect to direct or indirect transactions	58168
with one or more related members, excluding the cost of goods sold	58169
calculated in accordance with section 263A of the Internal Revenue	58170
Code and United States department of the treasury regulations	58171
issued thereunder. Nothing in division (A)(3) of this section	58172
shall be construed to limit solely to this chapter the application	58173
of section 263A of the Internal Revenue Code and United States	58174
department of the treasury regulations issued thereunder.	58175

(4) ~~The sum shall be increased by~~For the purposes of	58176
Chapters 5733. and 5747. of the Revised Code, the profit or net	58177
income of the qualifying entity shall be increased by disallowing	58178
all recognized losses, other than losses from sales of inventory	58179
the cost of which is calculated in accordance with section 263A of	58180
the Internal Revenue Code and United States department of the	58181
treasury regulations issued thereunder, with respect to all direct	58182
or indirect transactions with one or more related members. ~~Losses~~	58183
For the purposes of Chapters 5733. and 5747. of the Revised Code,	58184
losses from the sales of such inventory shall be allowed only to	58185
the extent calculated in accordance with section 482 of the	58186
Internal Revenue Code and United States department of the treasury	58187
regulations issued thereunder. Nothing in division (A)(4) of this	58188
section shall be construed to limit solely to this section the	58189
application of section 263A and section 482 of the Internal	58190
Revenue Code and United States department of the treasury	58191
regulations issued thereunder.	58192

(5) The sum shall be increased or decreased by an amount	58193
equal to the qualifying investor's or qualifying beneficiary's	58194
distributive or proportionate share of the amount that the	58195
qualifying entity would be required to add or deduct under	58196
divisions (A)(20) and (21) of section 5747.01 of the Revised Code	58197
if the qualifying entity were a taxpayer for the purposes of	58198
Chapter 5747. of the Revised Code.	58199

(6) The sum shall be computed without regard to section	58200
5733.051 or division (D) of section 5733.052 of the Revised Code.	58201

(7) For the purposes of Chapters 5733. and 5747. of the	58202
Revised Code, guaranteed payments or compensation paid to	58203
investors by a qualifying entity that is not subject to the tax	58204
imposed by section 5733.06 of the Revised Code shall be considered	58205
a distributive share of income of the qualifying entity. Division	58206
(A)(7) of this section applies only to such payments or such	58207
compensation paid to an investor who at any time during the	58208
qualifying entity's taxable year holds at least a twenty per cent	58209
direct or indirect interest in the profits or capital of the	58210
qualifying entity.	58211

(B) "Apportionment fraction" means:

58212

(1) With respect to a qualifying pass-through entity other	58213
than a financial institution, the fraction calculated pursuant to	58214
division (B)(2) of section 5733.05 of the Revised Code as if the	58215
qualifying pass-through entity were a corporation subject to the	58216
tax imposed by section 5733.06 of the Revised Code;	58217

(2) With respect to a qualifying pass-through entity that is	58218
a financial institution, the fraction calculated pursuant to	58219
division (C) of section 5733.056 of the Revised Code as if the	58220
qualifying pass-through entity were a financial institution	58221
subject to the tax imposed by section 5733.06 of the Revised Code.	58222

(3) With respect to a qualifying trust, the fraction	58223
calculated pursuant to division (B)(2) of section 5733.05 of the	58224
Revised Code as if the qualifying trust were a corporation subject	58225
to the tax imposed by section 5733.06 of the Revised Code, except	58226
that the property, payroll, and sales fractions shall be	58227
calculated by including in the numerator and denominator of the	58228
fractions only the property, payroll, and sales, respectively,	58229
directly related to the production of income or gain from	58230
acquisition, ownership, use, maintenance, management, or	58231
disposition of tangible personal property located in this state at	58232
any time during the qualifying trust's qualifying taxable year or	58233
of real property located in this state.	58234

(C) "Qualifying beneficiary" means any individual that,	58235
during the qualifying taxable year of a qualifying trust, is a	58236
beneficiary of that trust, but does not include an individual who	58237
is a resident taxpayer for the purposes of Chapter 5747. of the	58238
Revised Code for the entire qualifying taxable year of the	58239
qualifying trust.	58240

(D) "Fiscal year" means an accounting period ending on any	58241
day other than the thirty-first day of December.	58242

(E) "Individual" means a natural person.

58243

(F) "Month" means a calendar month.

58244

(G) "Partnership" has the same meaning as in section 5747.01	58245
of the Revised Code.	58246

(H) "Investor" means any person that, during any portion of a	58247
taxable year of a qualifying pass-through entity, is a partner,	58248
member, shareholder, or investor in that qualifying pass-through	58249
entity.	58250

(I) Except as otherwise provided in section 5733.402 or	58251
5747.401 of the Revised Code, "qualifying investor" means any	58252
investor except those described in divisions (I)(1) to (9) of this	58253
section.	58254

(1) An investor satisfying one of the descriptions under	58255
section 501(a) or (c) of the Internal Revenue Code, a partnership	58256
with equity securities registered with the United States	58257
securities and exchange commission under section 12 of the	58258
"Securities Exchange Act of 1934," as amended, or an investor	58259
described in division (F) of section 3334.01, or division (A) or	58260
(C) of section 5733.09 of the Revised Code for the entire	58261
qualifying taxable year of the qualifying pass-through entity.	58262

(2) An investor who is either an individual or an estate and	58263
is a resident taxpayer for the purposes of section 5747.01 of the	58264
Revised Code for the entire qualifying taxable year of the	58265
qualifying pass-through entity.	58266

(3) An investor who is an individual for whom the qualifying	58267
pass-through entity makes a good faith and reasonable effort to	58268
comply fully and timely with the filing and payment requirements	58269
set forth in division (D) of section 5747.08 of the Revised Code	58270
and section 5747.09 of the Revised Code with respect to the	58271
individual's adjusted qualifying amount for the entire qualifying	58272
taxable year of the qualifying pass-through entity.	58273

(4) An investor that is another qualifying pass-through	58274
entity having only investors described in division (I)(1), (2),	58275
(3), or (6) of this section during the three-year period beginning	58276
twelve months prior to the first day of the qualifying taxable	58277
year of the qualifying pass-through entity.	58278

(5) An investor that is another pass-through entity having no	58279
investors other than individuals and estates during the qualifying	58280
taxable year of the qualifying pass-through entity in which it is	58281
an investor, and that makes a good faith and reasonable effort to	58282
comply fully and timely with the filing and payment requirements	58283
set forth in division (D) of section 5747.08 of the Revised Code	58284
and section 5747.09 of the Revised Code with respect to investors	58285
that are not resident taxpayers of this state for the purposes of	58286
Chapter 5747. of the Revised Code for the entire qualifying	58287
taxable year of the qualifying pass-through entity in which it is	58288
an investor.	58289

(6) An investor that is a financial institution required to	58290
calculate the tax in accordance with division ~~(D)~~(E) of section	58291
5733.06 of the Revised Code on the first day of January of the	58292
calendar year immediately following the last day of the financial	58293
institution's calendar or fiscal year in which ends the taxpayer's	58294
taxable year.	58295

(7) An investor other than an individual that satisfies all	58296
the following:	58297

(a) The investor submits a written statement to the	58298
qualifying pass-through entity stating that the investor	58299
irrevocably agrees that the investor has nexus with this state	58300
under the Constitution of the United States and is subject to and	58301
liable for the tax calculated under division (A) or (B) of section	58302
5733.06 of the Revised Code with respect to the investor's	58303
adjusted qualifying amount for the entire qualifying taxable year	58304
of the qualifying pass-through entity. The statement is subject to	58305
the penalties of perjury, shall be retained by the qualifying	58306
pass-through entity for no fewer than seven years, and shall be	58307
delivered to the tax commissioner upon request.	58308

(b) The investor makes a good faith and reasonable effort to	58309
comply timely and fully with all the reporting and payment	58310
requirements set forth in Chapter 5733. of the Revised Code with	58311
respect to the investor's adjusted qualifying amount for the	58312
entire qualifying taxable year of the qualifying pass-through	58313
entity.	58314

(c) Neither the investor nor the qualifying pass-through	58315
entity in which it is an investor, before, during, or after the	58316
qualifying pass-through entity's qualifying taxable year, carries	58317
out any transaction or transactions with one or more related	58318
members of the investor or the qualifying pass-through entity	58319
resulting in a reduction or deferral of tax imposed by Chapter	58320
5733. of the Revised Code with respect to all or any portion of	58321
the investor's adjusted qualifying amount for the qualifying	58322
pass-through entity's taxable year, or that constitute a sham,	58323
lack economic reality, or are part of a series of transactions the	58324
form of which constitutes a step transaction or transactions or	58325
does not reflect the substance of those transactions.	58326

(8) Any other investor that the tax commissioner may	58327
designate by rule. The tax commissioner may adopt rules including	58328
a rule defining "qualifying investor" or "qualifying beneficiary"	58329
and governing the imposition of the withholding tax imposed by	58330
section 5747.41 of the Revised Code with respect to an individual	58331
who is a resident taxpayer for the purposes of Chapter 5747. of	58332
the Revised Code for only a portion of the qualifying taxable year	58333
of the qualifying entity.	58334

(9) An investor that is a trust or fund the beneficiaries of	58335
which, during the qualifying taxable year of the qualifying	58336
pass-through entity, are limited to the following:	58337

(a) A person that is or may be the beneficiary of a trust	58338
subject to Subchapter D of Chapter 1 of Subtitle A of the Internal	58339
Revenue Code.	58340

(b) A person that is or may be the beneficiary of or the	58341
recipient of payments from a trust or fund that is a nuclear	58342
decommissioning reserve fund, a designated settlement fund, or any	58343
other trust or fund established to resolve and satisfy claims that	58344
may otherwise be asserted by the beneficiary or a member of the	58345
beneficiary's family. Sections 267(c)(4), 468A(e), and 468B(d)(2)	58346
of the Internal Revenue Code apply to the determination of whether	58347
such a person satisfies division (I)(9) of this section.	58348

(c) A person who is or may be the beneficiary of a trust	58349
that, under its governing instrument, is not required to	58350
distribute all of its income currently. Division (I)(9)(c) of this	58351
section applies only if the trust, prior to the due date for	58352
filing the qualifying pass-through entity's return for taxes	58353
imposed by section 5733.41 and sections 5747.41 to 5747.453 of the	58354
Revised Code, irrevocably agrees in writing that for the taxable	58355
year during or for which the trust distributes any of its income	58356
to any of its beneficiaries, the trust is a qualifying trust and	58357
will pay the estimated tax, and will withhold and pay the withheld	58358
tax, as required under sections 5747.40 to 5747.453 of the Revised	58359
Code.	58360

For the purposes of division (I)(9) of this section, a trust	58361
or fund shall be considered to have a beneficiary other than	58362
persons described under divisions (I)(9)(a) to (c) of this section	58363
if a beneficiary would not qualify under those divisions under the	58364
doctrines of "economic reality," "sham transaction," "step	58365
doctrine," or "substance over form." A trust or fund described in	58366
division (I)(9) of this section bears the burden of establishing	58367
by a preponderance of the evidence that any transaction giving	58368
rise to the tax benefits provided under division (I)(9) of this	58369
section does not have as a principal purpose a claim of those tax	58370
benefits. Nothing in this section shall be construed to limit	58371
solely to this section the application of the doctrines referred	58372
to in this paragraph.	58373

(J) "Qualifying net gain" means any recognized net gain with	58374
respect to the acquisition, ownership, use, maintenance,	58375
management, or disposition of tangible personal property located	58376
in this state at any time during a trust's qualifying taxable year	58377
or real property located in this state.	58378

(K) "Qualifying net income" means any recognized income, net	58379
of related deductible expenses, other than distributions	58380
deductions with respect to the acquisition, ownership, use,	58381
maintenance, management, or disposition of tangible personal	58382
property located in this state at any time during the trust's	58383
qualifying taxable year or real property located in this state.	58384

(L) "Qualifying entity" means a qualifying pass-through	58385
entity or a qualifying trust.	58386

(M) "Qualifying trust" means a trust subject to subchapter J	58387
of the Internal Revenue Code that, during any portion of the	58388
trust's qualifying taxable year, has income or gain from the	58389
acquisition, management, ownership, use, or disposition of	58390
tangible personal property located in this state at any time	58391
during the trust's qualifying taxable year or real property	58392
located in this state. "Qualifying trust" does not include a	58393
person described in section 501(c) of the Internal Revenue Code or	58394
a person described in division (C) of section 5733.09 of the	58395
Revised Code.	58396

(N) "Qualifying pass-through entity" means a pass-through	58397
entity as defined in section 5733.04 of the Revised Code,	58398
excluding: a person described in section 501(c) of the Internal	58399
Revenue Code,; a partnership with equity securities registered	58400
with the United States securities and exchange commission under	58401
section 12 of the Securities Exchange Act of 1934, as amended,; or	58402
a person described in division (C) of section 5733.09 of the	58403
Revised Code.	58404

(O) "Quarter" means the first three months, the second three	58405
months, the third three months, or the last three months of a	58406
qualifying entity's qualifying taxable year.	58407

(P) "Related member" has the same meaning as in division	58408
(A)(6) of section 5733.042 of the Revised Code without regard to	58409
division (B) of that section. However, for the purposes of	58410
divisions (A)(3) and (4) of this section only, "related member"	58411
has the same meaning as in division (A)(6) of section 5733.042 of	58412
the Revised Code without regard to division (B) of that section,	58413
but shall be applied by substituting "forty per cent" for "twenty	58414
per cent" wherever "twenty per cent" appears in division (A) of	58415
that section.	58416

(Q) "Return" or "report" means the notifications and reports	58417
required to be filed pursuant to sections 5747.42 to 5747.45 of	58418
the Revised Code for the purpose of reporting the tax imposed	58419
under section 5733.41 or 5747.41 of the Revised Code, and included	58420
declarations of estimated tax when so required.	58421

(R) "Qualifying taxable year" means the calendar year or the	58422
qualifying entity's fiscal year ending during the calendar year,	58423
or fractional part thereof, for which the adjusted qualifying	58424
amount is calculated pursuant to sections 5733.40 and 5733.41 or	58425
sections 5747.40 to 5747.453 of the Revised Code.	58426

(S) "Distributive share" includes the sum of the income,	58427
gain, expense, or loss of a disregarded entity or qualified	58428
subchapter S subsidiary.	58429

Sec. 5733.41. The purpose of the tax imposed by this section	58430
is to complement and to reinforce the tax imposed under section	58431
5733.06 of the Revised Code.	58432

For the same purposes for which the tax is levied under	58433
section 5733.06 of the Revised Code, there is hereby levied a tax	58434
on every qualifying pass-through entity having at least one	58435
qualifying investor that is not an individual. The tax imposed by	58436
this section is imposed on the sum of the adjusted qualifying	58437
amounts of the qualifying pass-through entity's qualifying	58438
investors that are not individuals at the ~~rate specified in~~	58439
~~division (B) of section 5733.06 of the Revised Code that is in~~	58440
~~effect on the last day of~~following rates for the entity's taxable	58441
~~year~~years ending in the following calendar years: in 2005, six	58442
and eight-tenths per cent; in 2006, five and one-tenth per cent;	58443
in 2007, three and four-tenths per cent; in 2008, one and	58444
seven-tenths per cent; in 2009 and thereafter, zero per cent.	58445

The tax imposed by this section applies only if the	58446
qualifying entity has nexus with this state under the Constitution	58447
of the United States for any portion of the qualifying entity's	58448
qualifying taxable year, and the sum of the qualifying entity's	58449
adjusted qualifying amounts exceeds one thousand dollars for the	58450
qualifying entity's qualifying taxable year. This section does not	58451
apply to a pass-through entity if all of the partners,	58452
shareholders, members, or investors of the pass-through entity are	58453
taxpayers for the purposes of section 5733.04 of the Revised Code	58454
without regard to section 5733.09 of the Revised Code for the	58455
entire qualifying taxable year of the pass-through entity.	58456

If, prior to the due date of the return, a qualifying	58457
pass-through entity receives from an investor a written	58458
representation, under penalties of perjury, that the investor is	58459
described in division (I)(1), (2), (6), (7), (8), or (9) of	58460
section 5733.40 of the Revised Code for the qualifying	58461
pass-through entity's entire qualifying taxable year, the	58462
qualifying pass-through entity is not required to withhold or pay	58463
the taxes or estimated taxes imposed under this section or	58464
sections 5747.41 to 5747.453 of the Revised Code with respect to	58465
that investor for that qualifying taxable year, and is not subject	58466
to any interest or interest penalties for failure to withhold or	58467
pay those taxes or estimated taxes with respect to that investor	58468
for that qualifying taxable year.	58469

If, prior to the due date of the return, a qualifying trust	58470
receives from a beneficiary of that trust a written	58471
representation, under penalties of perjury, that the beneficiary	58472
is a resident taxpayer for the purposes of Chapter 5747. of the	58473
Revised Code for the qualifying trust's entire qualifying taxable	58474
year, the qualifying trust is not required to withhold or pay the	58475
taxes or estimated taxes imposed under this section or sections	58476
5747.41 to 5747.453 of the Revised Code with respect to that	58477
beneficiary for that qualifying taxable year, and is not subject	58478
to any interest or interest penalties for failure to withhold or	58479
pay those taxes or estimated taxes with respect to that	58480
beneficiary for that qualifying taxable year.	58481

The tax commissioner may adopt rules for the purpose of the	58482
tax levied by this section or section 5747.41 of the Revised Code,	58483
including a rule defining "qualifying investor" or "qualifying	58484
beneficiary"," and a rule requiring or permitting a qualifying	58485
entity to combine its income with related members and to pay the	58486
tax and estimated tax on a combined basis.	58487

Sections 5747.10 to 5747.19 and 5747.42 to 5747.453 of the	58488
Revised Code apply to a qualifying entity subject to the tax	58489
imposed under this section.	58490

The levy of the tax under this section does not prevent a	58491
municipal corporation or a joint economic development district	58492
created under section 715.70 or 715.71 or sections 715.72 to	58493
715.81 of the Revised Code from levying a tax on income.	58494

Sec. 5733.49. (A) Upon the issuance of a tax credit	58495
certificate by the Ohio venture capital authority under section	58496
150.07 of the Revised Code, a credit may be claimed against the	58497
tax imposed by section 5733.06 of the Revised Code. The credit	58498
shall be claimed for the tax year specified in the certificate	58499
issued by the authority and in the order required under section	58500
5733.98 of the Revised Code.	58501

(B) If the taxpayer elected a refundable credit under section	58502
150.07 of the Revised Code and the amount of the credit shown on	58503
the certificate does not exceed the tax otherwise due under	58504
section 5733.06, 5733.065, and 5733.066 of the Revised Code after	58505
all nonrefundable credits are deducted, then the taxpayer shall	58506
claim a refundable credit equal to the amount of the credit shown	58507
on the certificate.	58508

(C) If the taxpayer elected a refundable credit under section	58509
150.07 of the Revised Code, and the amount of the credit shown on	58510
the certificate exceeds the tax otherwise due under sections	58511
5733.06, 5733.065, and 5733.066 of the Revised Code after all	58512
nonrefundable credits~~, including the credit allowed under this~~	58513
~~section,~~ are deducted ~~in that order~~, the taxpayer shall ~~receive a~~	58514
~~refund equal to seventy-five per cent of that excess. If the~~	58515
~~taxpayer elected a nonrefundable credit, the amount of the credit,~~	58516
~~claimed in that order, shall not exceed the tax otherwise due~~	58517
~~under those sections after all the taxpayer's credits are deducted~~	58518
~~in that order. If~~claim a refundable credit equal to the sum of	58519
the following:	58520

(1) The amount, if any, of the tax otherwise due under	58521
sections 5733.06, 5733.065, and 5733.066 of the Revised Code after	58522
all nonrefundable credits are deducted;	58523

(2) Seventy-five per cent of the difference between the	58524
amount of the refundable credit shown on the certificate and the	58525
tax otherwise due under sections 5733.06, 5733.065, and 5733.066	58526
of the Revised Code after all nonrefundable credits are deducted.	58527

(D) If the taxpayer elected a nonrefundable credit and the	58528
credit to which the taxpayer would otherwise be entitled under	58529
this section for any tax year is greater than the tax otherwise	58530
due under sections 5733.06, 5733.065, and 5733.066 of the Revised	58531
Code, after allowing for any other credits that, under section	58532
5733.98 of the Revised Code, precede the credit allowed under this	58533
section, the excess shall be allowed as a nonrefundable credit in	58534
each of the ensuing ten tax years, but the amount of any excess	58535
credit allowed in the ensuing tax year shall be deducted from the	58536
balance carried forward to the next tax year.	58537

Sec. 5739.01. As used in this chapter:

58538

(A) "Person" includes individuals, receivers, assignees,	58539
trustees in bankruptcy, estates, firms, partnerships,	58540
associations, joint-stock companies, joint ventures, clubs,	58541
societies, corporations, the state and its political subdivisions,	58542
and combinations of individuals of any form.	58543

(B) "Sale" and "selling" include all of the following	58544
transactions for a consideration in any manner, whether absolutely	58545
or conditionally, whether for a price or rental, in money or by	58546
exchange, and by any means whatsoever:	58547

(1) All transactions by which title or possession, or both,	58548
of tangible personal property, is or is to be transferred, or a	58549
license to use or consume tangible personal property is or is to	58550
be granted;	58551

(2) All transactions by which lodging by a hotel is or is to	58552
be furnished to transient guests;	58553

(3) All transactions by which:

58554

(a) An item of tangible personal property is or is to be	58555
repaired, except property, the purchase of which would not be	58556
subject to the tax imposed by section 5739.02 of the Revised Code;	58557

(b) An item of tangible personal property is or is to be	58558
installed, except property, the purchase of which would not be	58559
subject to the tax imposed by section 5739.02 of the Revised Code	58560
or property that is or is to be incorporated into and will become	58561
a part of a production, transmission, transportation, or	58562
distribution system for the delivery of a public utility service;	58563

(c) The service of washing, cleaning, waxing, polishing, or	58564
painting a motor vehicle is or is to be furnished;	58565

(d) Until August 1, 2003, industrial laundry cleaning	58566
services are or are to be provided and, on and after August 1,	58567
2003, laundry and dry cleaning services are or are to be provided;	58568

(e) Automatic data processing, computer services, or	58569
electronic information services are or are to be provided for use	58570
in business when the true object of the transaction is the receipt	58571
by the consumer of automatic data processing, computer services,	58572
or electronic information services rather than the receipt of	58573
personal or professional services to which automatic data	58574
processing, computer services, or electronic information services	58575
are incidental or supplemental. Notwithstanding any other	58576
provision of this chapter, such transactions that occur between	58577
members of an affiliated group are not sales. An affiliated group	58578
means two or more persons related in such a way that one person	58579
owns or controls the business operation of another member of the	58580
group. In the case of corporations with stock, one corporation	58581
owns or controls another if it owns more than fifty per cent of	58582
the other corporation's common stock with voting rights.	58583

(f) Telecommunications service, other than mobile	58584
telecommunications service after July 31, 2002, is or is to be	58585
provided, but does not include transactions by which local	58586
telecommunications service is obtained from a coin-operated	58587
telephone and paid for by using coin;	58588

(g) Landscaping and lawn care service is or is to be	58589
provided;	58590

(h) Private investigation and security service is or is to be	58591
provided;	58592

(i) Information services or tangible personal property is	58593
provided or ordered by means of a nine hundred telephone call;	58594

(j) Building maintenance and janitorial service is or is to	58595
be provided;	58596

(k) Employment service is or is to be provided;

58597

(l) Employment placement service is or is to be provided;

58598

(m) Exterminating service is or is to be provided;

58599

(n) Physical fitness facility service is or is to be	58600
provided;	58601

(o) Recreation and sports club service is or is to be	58602
provided.	58603

(p) After July 31, 2002, mobile telecommunications service is	58604
or is to be provided when that service is sitused to this state	58605
pursuant to the "Mobile Telecommunications Sourcing Act," Pub. L.	58606
No. 106-252, 114 Stat. 626 to 632 (2000), 4 U.S.C.A. 116 to 126,	58607
as amended.	58608

(q) On and after August 1, 2003, satellite broadcasting	58609
service is or is to be provided;	58610

(r) On and after August 1, 2003, personal care service is or	58611
is to be provided to an individual. As used in this division,	58612
"personal care service" includes skin care, the application of	58613
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	58614
piercing, tanning, massage, and other similar services. "Personal	58615
care service" does not include a service provided by or on the	58616
order of a licensed physician or licensed chiropractor, or the	58617
cutting, coloring, or styling of an individual's hair.	58618

(s) On and after August 1, 2003, the transportation of	58619
persons by motor vehicle or aircraft is or is to be provided, when	58620
the transportation is entirely within this state, except for	58621
transportation provided by an ambulance service, by a transit bus,	58622
as defined in section 5735.01 of the Revised Code, and	58623
transportation provided by a citizen of the United States holding	58624
a certificate of public convenience and necessity issued under 49	58625
U.S.C. 41102;	58626

(t) On and after August 1, 2003, motor vehicle towing service	58627
is or is to be provided. As used in this division, "motor vehicle	58628
towing service" means the towing or conveyance of a wrecked,	58629
disabled, or illegally parked motor vehicle.	58630

(u) On and after August 1, 2003, snow removal service is or	58631
is to be provided. As used in this division, "snow removal	58632
service" means the removal of snow by any mechanized means, but	58633
does not include the providing of such service by a person that	58634
has less than five thousand dollars in sales of such service	58635
during the calendar year.	58636

(4) All transactions by which printed, imprinted,	58637
overprinted, lithographic, multilithic, blueprinted, photostatic,	58638
or other productions or reproductions of written or graphic matter	58639
are or are to be furnished or transferred;	58640

(5) The production or fabrication of tangible personal	58641
property for a consideration for consumers who furnish either	58642
directly or indirectly the materials used in the production of	58643
fabrication work; and include the furnishing, preparing, or	58644
serving for a consideration of any tangible personal property	58645
consumed on the premises of the person furnishing, preparing, or	58646
serving such tangible personal property. Except as provided in	58647
section 5739.03 of the Revised Code, a construction contract	58648
pursuant to which tangible personal property is or is to be	58649
incorporated into a structure or improvement on and becoming a	58650
part of real property is not a sale of such tangible personal	58651
property. The construction contractor is the consumer of such	58652
tangible personal property, provided that the sale and	58653
installation of carpeting, the sale and installation of	58654
agricultural land tile, the sale and erection or installation of	58655
portable grain bins, or the provision of landscaping and lawn care	58656
service and the transfer of property as part of such service is	58657
never a construction contract.	58658

As used in division (B)(5) of this section:

58659

(a) "Agricultural land tile" means fired clay or concrete	58660
tile, or flexible or rigid perforated plastic pipe or tubing,	58661
incorporated or to be incorporated into a subsurface drainage	58662
system appurtenant to land used or to be used directly in	58663
production by farming, agriculture, horticulture, or floriculture.	58664
The term does not include such materials when they are or are to	58665
be incorporated into a drainage system appurtenant to a building	58666
or structure even if the building or structure is used or to be	58667
used in such production.	58668

(b) "Portable grain bin" means a structure that is used or to	58669
be used by a person engaged in farming or agriculture to shelter	58670
the person's grain and that is designed to be disassembled without	58671
significant damage to its component parts.	58672

(6) All transactions in which all of the shares of stock of a	58673
closely held corporation are transferred, if the corporation is	58674
not engaging in business and its entire assets consist of boats,	58675
planes, motor vehicles, or other tangible personal property	58676
operated primarily for the use and enjoyment of the shareholders;	58677

(7) All transactions in which a warranty, maintenance or	58678
service contract, or similar agreement by which the vendor of the	58679
warranty, contract, or agreement agrees to repair or maintain the	58680
tangible personal property of the consumer is or is to be	58681
provided;	58682

(8) ~~; (9)~~ The transfer of copyrighted motion picture films	58683
used solely for advertising purposes, except that the transfer of	58684
such films for exhibition purposes is not a sale.	58685

(9) On and after August 1, 2003, all transactions by which	58686
tangible personal property is or is to be stored, except such	58687
property that the consumer of the storage holds for sale in the	58688
regular course of business.	58689

Except ~~Other than~~ as provided in this section, "sale" and	58690
"selling" do not include transfers of interest in leased property	58691
where the original lessee and the terms of the original lease	58692
agreement remain unchanged, or professional, insurance, or	58693
personal service transactions that involve the transfer of	58694
tangible personal property as an inconsequential element, for	58695
which no separate charges are made.	58696

(C) "Vendor" means the person providing the service or by	58697
whom the transfer effected or license given by a sale is or is to	58698
be made or given and, for sales described in division (B)(3)(i) of	58699
this section, the telecommunications service vendor that provides	58700
the nine hundred telephone service; if two or more persons are	58701
engaged in business at the same place of business under a single	58702
trade name in which all collections on account of sales by each	58703
are made, such persons shall constitute a single vendor.	58704

Physicians, dentists, hospitals, and veterinarians who are	58705
engaged in selling tangible personal property as received from	58706
others, such as eyeglasses, mouthwashes, dentifrices, or similar	58707
articles, are vendors. Veterinarians who are engaged in	58708
transferring to others for a consideration drugs, the dispensing	58709
of which does not require an order of a licensed veterinarian or	58710
physician under federal law, are vendors.	58711

(D)(1) "Consumer" means the person for whom the service is	58712
provided, to whom the transfer effected or license given by a sale	58713
is or is to be made or given, to whom the service described in	58714
division (B)(3)(f) or (i) of this section is charged, or to whom	58715
the admission is granted.	58716

(2) Physicians, dentists, hospitals, and blood banks operated	58717
by nonprofit institutions and persons licensed to practice	58718
veterinary medicine, surgery, and dentistry are consumers of all	58719
tangible personal property and services purchased by them in	58720
connection with the practice of medicine, dentistry, the rendition	58721
of hospital or blood bank service, or the practice of veterinary	58722
medicine, surgery, and dentistry. In addition to being consumers	58723
of drugs administered by them or by their assistants according to	58724
their direction, veterinarians also are consumers of drugs that	58725
under federal law may be dispensed only by or upon the order of a	58726
licensed veterinarian or physician, when transferred by them to	58727
others for a consideration to provide treatment to animals as	58728
directed by the veterinarian.	58729

(3) A person who performs a facility management, or similar	58730
service contract for a contractee is a consumer of all tangible	58731
personal property and services purchased for use in connection	58732
with the performance of such contract, regardless of whether title	58733
to any such property vests in the contractee. The purchase of such	58734
property and services is not subject to the exception for resale	58735
under division (E)(1) of this section.	58736

(4)(a) In the case of a person who purchases printed matter	58737
for the purpose of distributing it or having it distributed to the	58738
public or to a designated segment of the public, free of charge,	58739
that person is the consumer of that printed matter, and the	58740
purchase of that printed matter for that purpose is a sale.	58741

(b) In the case of a person who produces, rather than	58742
purchases, printed matter for the purpose of distributing it or	58743
having it distributed to the public or to a designated segment of	58744
the public, free of charge, that person is the consumer of all	58745
tangible personal property and services purchased for use or	58746
consumption in the production of that printed matter. That person	58747
is not entitled to claim exemption under division (B)(43)(f) of	58748
section 5739.02 of the Revised Code for any material incorporated	58749
into the printed matter or any equipment, supplies, or services	58750
primarily used to produce the printed matter.	58751

(c) The distribution of printed matter to the public or to a	58752
designated segment of the public, free of charge, is not a sale to	58753
the members of the public to whom the printed matter is	58754
distributed or to any persons who purchase space in the printed	58755
matter for advertising or other purposes.	58756

(5) A person who makes sales of any of the services listed in	58757
division (B)(3) of this section is the consumer of any tangible	58758
personal property used in performing the service. The purchase of	58759
that property is not subject to the resale exception under	58760
division (E)(1) of this section.	58761

(6) A person who engages in highway transportation for hire	58762
is the consumer of all packaging materials purchased by that	58763
person and used in performing the service, except for packaging	58764
materials sold by such person in a transaction separate from the	58765
service.	58766

(E) "Retail sale" and "sales at retail" include all sales,	58767
except those in which the purpose of the consumer is to resell the	58768
thing transferred or benefit of the service provided, by a person	58769
engaging in business, in the form in which the same is, or is to	58770
be, received by the person.	58771

(F) "Business" includes any activity engaged in by any person	58772
with the object of gain, benefit, or advantage, either direct or	58773
indirect. "Business" does not include the activity of a person in	58774
managing and investing the person's own funds.	58775

(G) "Engaging in business" means commencing, conducting, or	58776
continuing in business, and liquidating a business when the	58777
liquidator thereof holds itself out to the public as conducting	58778
such business. Making a casual sale is not engaging in business.	58779

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	58780
(3) of this section, means the total amount of consideration,	58781
including cash, credit, property, and services, for which tangible	58782
personal property or services are sold, leased, or rented, valued	58783
in money, whether received in money or otherwise, without any	58784
deduction for any of the following:	58785

(i) The vendor's cost of the property sold;

58786

(ii) The cost of materials used, labor or service costs,	58787
interest, losses, all costs of transportation to the vendor, all	58788
taxes imposed on the vendor, including the tax imposed under	58789
Chapter 5751. of the Revised Code, and any other expense of the	58790
vendor;	58791

(iii) Charges by the vendor for any services necessary to	58792
complete the sale;	58793

(iv) On and after August 1, 2003, delivery charges. As used	58794
in this division, "delivery charges" means charges by the vendor	58795
for preparation and delivery to a location designated by the	58796
consumer of tangible personal property or a service, including	58797
transportation, shipping, postage, handling, crating, and packing.	58798

(v) Installation charges;

58799

(vi) The value of exempt tangible personal property given to	58800
the consumer where taxable and exempt tangible personal property	58801
have been bundled together and sold by the vendor as a single	58802
product or piece of merchandise.	58803

(b) "Price" does not include any of the following:

58804

(i) Discounts, including cash, term, or coupons that are not	58805
reimbursed by a third party that are allowed by a vendor and taken	58806
by a consumer on a sale;	58807

(ii) Interest, financing, and carrying charges from credit	58808
extended on the sale of tangible personal property or services, if	58809
the amount is separately stated on the invoice, bill of sale, or	58810
similar document given to the purchaser;	58811

(iii) Any taxes legally imposed directly on the consumer that	58812
are separately stated on the invoice, bill of sale, or similar	58813
document given to the consumer. For the purpose of this division,	58814
the tax imposed under Chapter 5751. of the Revised Code is not a	58815
tax directly on the consumer even if the tax or a portion thereof	58816
is separately stated.	58817

(2) In the case of a sale of any new motor vehicle by a new	58818
motor vehicle dealer, as defined in section 4517.01 of the Revised	58819
Code, in which another motor vehicle is accepted by the dealer as	58820
part of the consideration received, "price" has the same meaning	58821
as in division (H)(1) of this section, reduced by the credit	58822
afforded the consumer by the dealer for the motor vehicle received	58823
in trade.	58824

(3) In the case of a sale of any watercraft or outboard motor	58825
by a watercraft dealer licensed in accordance with section	58826
1547.543 of the Revised Code, in which another watercraft,	58827
watercraft and trailer, or outboard motor is accepted by the	58828
dealer as part of the consideration received, "price" has the same	58829
meaning as in division (H)(1) of this section, reduced by the	58830
credit afforded the consumer by the dealer for the watercraft,	58831
watercraft and trailer, or outboard motor received in trade. As	58832
used in this division, "watercraft" includes an outdrive unit	58833
attached to the watercraft.	58834

(4) In the case of a transaction in which telecommunications	58835
service, mobile telecommunications service, or cable television	58836
service is sold in a bundled transaction with other distinct	58837
services for a single price that is not itemized, the entire price	58838
is subject to the taxes levied under sections 5739.02, 5739.021,	58839
5739.023, and 5739.026 of the Revised Code, unless the vendor can	58840
reasonably identify the nontaxable portion from its books and	58841
records kept in the regular course of business. Upon the request	58842
of the consumer, the vendor shall disclose to the consumer the	58843
selling price for the taxable services included in the selling	58844
price for the taxable and nontaxable services billed on an	58845
aggregated basis. The burden of proving any nontaxable charges is	58846
on the vendor.	58847

(I) "Receipts" means the total amount of the prices of the	58848
sales of vendors, provided that cash discounts allowed and taken	58849
on sales at the time they are consummated are not included, minus	58850
any amount deducted as a bad debt pursuant to section 5739.121 of	58851
the Revised Code. "Receipts" does not include the sale price of	58852
property returned or services rejected by consumers when the full	58853
sale price and tax are refunded either in cash or by credit.	58854

(J) "Place of business" means any location at which a person	58855
engages in business.	58856

(K) "Premises" includes any real property or portion thereof	58857
upon which any person engages in selling tangible personal	58858
property at retail or making retail sales and also includes any	58859
real property or portion thereof designated for, or devoted to,	58860
use in conjunction with the business engaged in by such person.	58861

(L) "Casual sale" means a sale of an item of tangible	58862
personal property that was obtained by the person making the sale,	58863
through purchase or otherwise, for the person's own use and was	58864
previously subject to any state's taxing jurisdiction on its sale	58865
or use, and includes such items acquired for the seller's use that	58866
are sold by an auctioneer employed directly by the person for such	58867
purpose, provided the location of such sales is not the	58868
auctioneer's permanent place of business. As used in this	58869
division, "permanent place of business" includes any location	58870
where such auctioneer has conducted more than two auctions during	58871
the year.	58872

(M) "Hotel" means every establishment kept, used, maintained,	58873
advertised, or held out to the public to be a place where sleeping	58874
accommodations are offered to guests, in which five or more rooms	58875
are used for the accommodation of such guests, whether the rooms	58876
are in one or several structures.	58877

(N) "Transient guests" means persons occupying a room or	58878
rooms for sleeping accommodations for less than thirty consecutive	58879
days.	58880

(O) "Making retail sales" means the effecting of transactions	58881
wherein one party is obligated to pay the price and the other	58882
party is obligated to provide a service or to transfer title to or	58883
possession of the item sold. "Making retail sales" does not	58884
include the preliminary acts of promoting or soliciting the retail	58885
sales, other than the distribution of printed matter which	58886
displays or describes and prices the item offered for sale, nor	58887
does it include delivery of a predetermined quantity of tangible	58888
personal property or transportation of property or personnel to or	58889
from a place where a service is performed, regardless of whether	58890
the vendor is a delivery vendor.	58891

(P) "Used directly in the rendition of a public utility	58892
service" means that property that is to be incorporated into and	58893
will become a part of the consumer's production, transmission,	58894
transportation, or distribution system and that retains its	58895
classification as tangible personal property after such	58896
incorporation; fuel or power used in the production, transmission,	58897
transportation, or distribution system; and tangible personal	58898
property used in the repair and maintenance of the production,	58899
transmission, transportation, or distribution system, including	58900
only such motor vehicles as are specially designed and equipped	58901
for such use. Tangible personal property and services used	58902
primarily in providing highway transportation for hire are not	58903
used directly in the rendition of a public utility service.	58904

(Q) "Refining" means removing or separating a desirable	58905
product from raw or contaminated materials by distillation or	58906
physical, mechanical, or chemical processes.	58907

(R) "Assembly" and "assembling" mean attaching or fitting	58908
together parts to form a product, but do not include packaging a	58909
product.	58910

(S) "Manufacturing operation" means a process in which	58911
materials are changed, converted, or transformed into a different	58912
state or form from which they previously existed and includes	58913
refining materials, assembling parts, and preparing raw materials	58914
and parts by mixing, measuring, blending, or otherwise committing	58915
such materials or parts to the manufacturing process.	58916
"Manufacturing operation" does not include packaging.	58917

(T) "Fiscal officer" means, with respect to a regional	58918
transit authority, the secretary-treasurer thereof, and with	58919
respect to a county that is a transit authority, the fiscal	58920
officer of the county transit board if one is appointed pursuant	58921
to section 306.03 of the Revised Code or the county auditor if the	58922
board of county commissioners operates the county transit system.	58923

(U) "Transit authority" means a regional transit authority	58924
created pursuant to section 306.31 of the Revised Code or a county	58925
in which a county transit system is created pursuant to section	58926
306.01 of the Revised Code. For the purposes of this chapter, a	58927
transit authority must extend to at least the entire area of a	58928
single county. A transit authority that includes territory in more	58929
than one county must include all the area of the most populous	58930
county that is a part of such transit authority. County population	58931
shall be measured by the most recent census taken by the United	58932
States census bureau.	58933

(V) "Legislative authority" means, with respect to a regional	58934
transit authority, the board of trustees thereof, and with respect	58935
to a county that is a transit authority, the board of county	58936
commissioners.	58937

(W) "Territory of the transit authority" means all of the	58938
area included within the territorial boundaries of a transit	58939
authority as they from time to time exist. Such territorial	58940
boundaries must at all times include all the area of a single	58941
county or all the area of the most populous county that is a part	58942
of such transit authority. County population shall be measured by	58943
the most recent census taken by the United States census bureau.	58944

(X) "Providing a service" means providing or furnishing	58945
anything described in division (B)(3) of this section for	58946
consideration.	58947

(Y)(1)(a) "Automatic data processing" means processing of	58948
others' data, including keypunching or similar data entry services	58949
together with verification thereof, or providing access to	58950
computer equipment for the purpose of processing data.	58951

(b) "Computer services" means providing services consisting	58952
of specifying computer hardware configurations and evaluating	58953
technical processing characteristics, computer programming, and	58954
training of computer programmers and operators, provided in	58955
conjunction with and to support the sale, lease, or operation of	58956
taxable computer equipment or systems.	58957

(c) "Electronic information services" means providing access	58958
to computer equipment by means of telecommunications equipment for	58959
the purpose of either of the following:	58960

(i) Examining or acquiring data stored in or accessible to	58961
the computer equipment;	58962

(ii) Placing data into the computer equipment to be retrieved	58963
by designated recipients with access to the computer equipment.	58964

(d) "Automatic data processing, computer services, or	58965
electronic information services" shall not include personal or	58966
professional services.	58967

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	58968
section, "personal and professional services" means all services	58969
other than automatic data processing, computer services, or	58970
electronic information services, including but not limited to:	58971

(a) Accounting and legal services such as advice on tax	58972
matters, asset management, budgetary matters, quality control,	58973
information security, and auditing and any other situation where	58974
the service provider receives data or information and studies,	58975
alters, analyzes, interprets, or adjusts such material;	58976

(b) Analyzing business policies and procedures;

58977

58978

(d) Feasibility studies, including economic and technical	58979
analysis of existing or potential computer hardware or software	58980
needs and alternatives;	58981

(e) Designing policies, procedures, and custom software for	58982
collecting business information, and determining how data should	58983
be summarized, sequenced, formatted, processed, controlled, and	58984
reported so that it will be meaningful to management;	58985

(f) Developing policies and procedures that document how	58986
business events and transactions are to be authorized, executed,	58987
and controlled;	58988

(g) Testing of business procedures;

58989

(h) Training personnel in business procedure applications;

58990

(i) Providing credit information to users of such information	58991
by a consumer reporting agency, as defined in the "Fair Credit	58992
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	58993
as hereafter amended, including but not limited to gathering,	58994
organizing, analyzing, recording, and furnishing such information	58995
by any oral, written, graphic, or electronic medium;	58996

(j) Providing debt collection services by any oral, written,	58997
graphic, or electronic means.	58998

The services listed in divisions (Y)(2)(a) to (j) of this	58999
section are not automatic data processing or computer services.	59000

(Z) "Highway transportation for hire" means the	59001
transportation of personal property belonging to others for	59002
consideration by any of the following:	59003

(1) The holder of a permit or certificate issued by this	59004
state or the United States authorizing the holder to engage in	59005
transportation of personal property belonging to others for	59006
consideration over or on highways, roadways, streets, or any	59007
similar public thoroughfare;	59008

(2) A person who engages in the transportation of personal	59009
property belonging to others for consideration over or on	59010
highways, roadways, streets, or any similar public thoroughfare	59011
but who could not have engaged in such transportation on December	59012
11, 1985, unless the person was the holder of a permit or	59013
certificate of the types described in division (Z)(1) of this	59014
section;	59015

(3) A person who leases a motor vehicle to and operates it	59016
for a person described by division (Z)(1) or (2) of this section.	59017

(AA) "Telecommunications service" means the transmission of	59018
any interactive, two-way electromagnetic communications, including	59019
voice, image, data, and information, through the use of any medium	59020
such as wires, cables, microwaves, cellular radio, radio waves,	59021
light waves, or any combination of those or similar media.	59022
"Telecommunications service" includes message toll service even	59023
though the vendor provides the message toll service by means of	59024
wide area transmission type service or private communications	59025
service purchased from another telecommunications service	59026
provider, and other related fees and ancillary services, including	59027
universal service fees, detailed billing service, directory	59028
assistance, service initiation, voice mail service, and vertical	59029
services, such as caller ID and three-way calling.	59030
"Telecommunications service" does not include any of the	59031
following:	59032

(1) Sales of telecommunications service billed to persons	59033
before January 1, 2004, by telephone companies subject to the	59034
excise tax imposed by Chapter 5727. of the Revised Code;	59035

(2) Sales of telecommunications service to a provider of	59036
telecommunications service or of mobile telecommunications	59037
service, including access services, for use in providing	59038
telecommunications service or mobile telecommunications service;	59039

(3) Value-added nonvoice services in which computer	59040
processing applications are used to act on the form, content,	59041
code, or protocol of the information to be transmitted;	59042

(4) Transmission of interactive video programming by a cable	59043
television system as defined in section 505.90 of the Revised	59044
Code;	59045

(5) After July 31, 2002, mobile telecommunications service.

59046

(BB) "Laundry and dry cleaning services" means removing soil	59047
or dirt from towels, linens, articles of clothing, or other fabric	59048
items that belong to others and supplying towels, linens, articles	59049
of clothing, or other fabric items. "Laundry and dry cleaning	59050
services" does not include the provision of self-service	59051
facilities for use by consumers to remove soil or dirt from	59052
towels, linens, articles of clothing, or other fabric items.	59053

(CC) "Magazines distributed as controlled circulation	59054
publications" means magazines containing at least twenty-four	59055
pages, at least twenty-five per cent editorial content, issued at	59056
regular intervals four or more times a year, and circulated	59057
without charge to the recipient, provided that such magazines are	59058
not owned or controlled by individuals or business concerns which	59059
conduct such publications as an auxiliary to, and essentially for	59060
the advancement of the main business or calling of, those who own	59061
or control them.	59062

(DD) "Landscaping and lawn care service" means the services	59063
of planting, seeding, sodding, removing, cutting, trimming,	59064
pruning, mulching, aerating, applying chemicals, watering,	59065
fertilizing, and providing similar services to establish, promote,	59066
or control the growth of trees, shrubs, flowers, grass, ground	59067
cover, and other flora, or otherwise maintaining a lawn or	59068
landscape grown or maintained by the owner for ornamentation or	59069
other nonagricultural purpose. However, "landscaping and lawn care	59070
service" does not include the providing of such services by a	59071
person who has less than five thousand dollars in sales of such	59072
services during the calendar year.	59073

(EE) "Private investigation and security service" means the	59074
performance of any activity for which the provider of such service	59075
is required to be licensed pursuant to Chapter 4749. of the	59076
Revised Code, or would be required to be so licensed in performing	59077
such services in this state, and also includes the services of	59078
conducting polygraph examinations and of monitoring or overseeing	59079
the activities on or in, or the condition of, the consumer's home,	59080
business, or other facility by means of electronic or similar	59081
monitoring devices. "Private investigation and security service"	59082
does not include special duty services provided by off-duty police	59083
officers, deputy sheriffs, and other peace officers regularly	59084
employed by the state or a political subdivision.	59085

(FF) "Information services" means providing conversation,	59086
giving consultation or advice, playing or making a voice or other	59087
recording, making or keeping a record of the number of callers,	59088
and any other service provided to a consumer by means of a nine	59089
hundred telephone call, except when the nine hundred telephone	59090
call is the means by which the consumer makes a contribution to a	59091
recognized charity.	59092

(GG) "Research and development" means designing, creating, or	59093
formulating new or enhanced products, equipment, or manufacturing	59094
processes, and also means conducting scientific or technological	59095
inquiry and experimentation in the physical sciences with the goal	59096
of increasing scientific knowledge which may reveal the bases for	59097
new or enhanced products, equipment, or manufacturing processes.	59098

(HH) "Qualified research and development equipment" means	59099
capitalized tangible personal property, and leased personal	59100
property that would be capitalized if purchased, used by a person	59101
primarily to perform research and development. Tangible personal	59102
property primarily used in testing, as defined in division (A)(4)	59103
of section 5739.011 of the Revised Code, or used for recording or	59104
storing test results, is not qualified research and development	59105
equipment unless such property is primarily used by the consumer	59106
in testing the product, equipment, or manufacturing process being	59107
created, designed, or formulated by the consumer in the research	59108
and development activity or in recording or storing such test	59109
results.	59110

(II) "Building maintenance and janitorial service" means	59111
cleaning the interior or exterior of a building and any tangible	59112
personal property located therein or thereon, including any	59113
services incidental to such cleaning for which no separate charge	59114
is made. However, "building maintenance and janitorial service"	59115
does not include the providing of such service by a person who has	59116
less than five thousand dollars in sales of such service during	59117
the calendar year.	59118

(JJ) "Employment service" means providing or supplying	59119
personnel, on a temporary or long-term basis, to perform work or	59120
labor under the supervision or control of another, when the	59121
personnel so supplied receive their wages, salary, or other	59122
compensation from the provider of the service. "Employment	59123
service" does not include:	59124

(1) Acting as a contractor or subcontractor, where the	59125
personnel performing the work are not under the direct control of	59126
the purchaser.	59127

(2) Medical and health care services.

59128

(3) Supplying personnel to a purchaser pursuant to a contract	59129
of at least one year between the service provider and the	59130
purchaser that specifies that each employee covered under the	59131
contract is assigned to the purchaser on a permanent basis.	59132

(4) Transactions between members of an affiliated group, as	59133
defined in division (B)(3)(e) of this section.	59134

(KK) "Employment placement service" means locating or finding	59135
employment for a person or finding or locating an employee to fill	59136
an available position.	59137

(LL) "Exterminating service" means eradicating or attempting	59138
to eradicate vermin infestations from a building or structure, or	59139
the area surrounding a building or structure, and includes	59140
activities to inspect, detect, or prevent vermin infestation of a	59141
building or structure.	59142

(MM) "Physical fitness facility service" means all	59143
transactions by which a membership is granted, maintained, or	59144
renewed, including initiation fees, membership dues, renewal fees,	59145
monthly minimum fees, and other similar fees and dues, by a	59146
physical fitness facility such as an athletic club, health spa, or	59147
gymnasium, which entitles the member to use the facility for	59148
physical exercise.	59149

(NN) "Recreation and sports club service" means all	59150
transactions by which a membership is granted, maintained, or	59151
renewed, including initiation fees, membership dues, renewal fees,	59152
monthly minimum fees, and other similar fees and dues, by a	59153
recreation and sports club, which entitles the member to use the	59154
facilities of the organization. "Recreation and sports club" means	59155
an organization that has ownership of, or controls or leases on a	59156
continuing, long-term basis, the facilities used by its members	59157
and includes an aviation club, gun or shooting club, yacht club,	59158
card club, swimming club, tennis club, golf club, country club,	59159
riding club, amateur sports club, or similar organization.	59160

(OO) "Livestock" means farm animals commonly raised for food	59161
or food production, and includes but is not limited to cattle,	59162
sheep, goats, swine, and poultry. "Livestock" does not include	59163
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	59164
animals for use in laboratories or for exhibition, or other	59165
animals not commonly raised for food or food production.	59166

(PP) "Livestock structure" means a building or structure used	59167
exclusively for the housing, raising, feeding, or sheltering of	59168
livestock, and includes feed storage or handling structures and	59169
structures for livestock waste handling.	59170

(QQ) "Horticulture" means the growing, cultivation, and	59171
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	59172
and nursery stock. As used in this division, "nursery stock" has	59173
the same meaning as in section 927.51 of the Revised Code.	59174

(RR) "Horticulture structure" means a building or structure	59175
used exclusively for the commercial growing, raising, or	59176
overwintering of horticultural products, and includes the area	59177
used for stocking, storing, and packing horticultural products	59178
when done in conjunction with the production of those products.	59179

(SS) "Newspaper" means an unbound publication bearing a title	59180
or name that is regularly published, at least as frequently as	59181
biweekly, and distributed from a fixed place of business to the	59182
public in a specific geographic area, and that contains a	59183
substantial amount of news matter of international, national, or	59184
local events of interest to the general public.	59185

(TT) "Professional racing team" means a person that employs	59186
at least twenty full-time employees for the purpose of conducting	59187
a motor vehicle racing business for profit. The person must	59188
conduct the business with the purpose of racing one or more motor	59189
racing vehicles in at least ten competitive professional racing	59190
events each year that comprise all or part of a motor racing	59191
series sanctioned by one or more motor racing sanctioning	59192
organizations. A "motor racing vehicle" means a vehicle for which	59193
the chassis, engine, and parts are designed exclusively for motor	59194
racing, and does not include a stock or production model vehicle	59195
that may be modified for use in racing. For the purposes of this	59196
division:	59197

(1) A "competitive professional racing event" is a motor	59198
vehicle racing event sanctioned by one or more motor racing	59199
sanctioning organizations, at which aggregate cash prizes in	59200
excess of eight hundred thousand dollars are awarded to the	59201
competitors.	59202

(2) "Full-time employee" means an individual who is employed	59203
for consideration for thirty-five or more hours a week, or who	59204
renders any other standard of service generally accepted by custom	59205
or specified by contract as full-time employment.	59206

(UU)(1) "Lease" or "rental" means any transfer of the	59207
possession or control of tangible personal property for a fixed or	59208
indefinite term, for consideration. "Lease" or "rental" includes	59209
future options to purchase or extend, and agreements described in	59210
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	59211
the amount of consideration may be increased or decreased by	59212
reference to the amount realized upon the sale or disposition of	59213
the property. "Lease" or "rental" does not include:	59214

(a) A transfer of possession or control of tangible personal	59215
property under a security agreement or a deferred payment plan	59216
that requires the transfer of title upon completion of the	59217
required payments;	59218

(b) A transfer of possession or control of tangible personal	59219
property under an agreement that requires the transfer of title	59220
upon completion of required payments and payment of an option	59221
price that does not exceed the greater of one hundred dollars or	59222
one per cent of the total required payments;	59223

(c) Providing tangible personal property along with an	59224
operator for a fixed or indefinite period of time, if the operator	59225
is necessary for the property to perform as designed. For purposes	59226
of this division, the operator must do more than maintain,	59227
inspect, or set-up the tangible personal property.	59228

(2) "Lease" and "rental," as defined in division (UU) of this	59229
section, shall not apply to leases or rentals that exist before	59230
~~the effective date of this amendment~~June 26, 2003.	59231

(3) "Lease" and "rental" have the same meaning as in division	59232
(UU)(1) of this section regardless of whether a transaction is	59233
characterized as a lease or rental under generally accepted	59234
accounting principles, the Internal Revenue Code, Title XIII of	59235
the Revised Code, or other federal, state, or local laws.	59236

(VV) "Mobile telecommunications service" has the same meaning	59237
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	59238
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	59239
on and after August 1, 2003, includes related fees and ancillary	59240
services, including universal service fees, detailed billing	59241
service, directory assistance, service initiation, voice mail	59242
service, and vertical services, such as caller ID and three-way	59243
calling.	59244

(WW) "Certified service provider" has the same meaning as in	59245
section 5740.01 of the Revised Code.	59246

(XX) "Satellite broadcasting service" means the distribution	59247
or broadcasting of programming or services by satellite directly	59248
to the subscriber's receiving equipment without the use of ground	59249
receiving or distribution equipment, except the subscriber's	59250
receiving equipment or equipment used in the uplink process to the	59251
satellite, and includes all service and rental charges, premium	59252
channels or other special services, installation and repair	59253
service charges, and any other charges having any connection with	59254
the provision of the satellite broadcasting service.	59255

(YY) "Tangible personal property" means personal property	59256
that can be seen, weighed, measured, felt, or touched, or that is	59257
in any other manner perceptible to the senses. For purposes of	59258
this chapter and Chapter 5741. of the Revised Code, "tangible	59259
personal property" includes motor vehicles, electricity, water,	59260
gas, steam, and prewritten computer software.	59261

(ZZ) "Direct mail" means printed material delivered or	59262
distributed by United States mail or other delivery service to a	59263
mass audience or to addressees on a mailing list provided by the	59264
consumer or at the direction of the consumer when the cost of the	59265
items are not billed directly to the recipients. "Direct mail"	59266
includes tangible personal property supplied directly or	59267
indirectly by the consumer to the direct mail vendor for inclusion	59268
in the package containing the printed material. "Direct mail" does	59269
not include multiple items of printed material delivered to a	59270
single address.	59271

(AAA) "Computer" means an electronic device that accepts	59272
information in digital or similar form and manipulates it for a	59273
result based on a sequence of instructions.	59274

(BBB) "Computer software" means a set of coded instructions	59275
designed to cause a computer or automatic data processing	59276
equipment to perform a task.	59277

(CCC) "Delivered electronically" means delivery of computer	59278
software from the seller to the purchaser by means other than	59279
tangible storage media.	59280

(DDD) "Prewritten computer software" means computer software,	59281
including prewritten upgrades, that is not designed and developed	59282
by the author or other creator to the specifications of a specific	59283
purchaser. The combining of two or more prewritten computer	59284
software programs or prewritten portions thereof does not cause	59285
the combination to be other than prewritten computer software.	59286
"Prewritten computer software" includes software designed and	59287
developed by the author or other creator to the specifications of	59288
a specific purchaser when it is sold to a person other than the	59289
purchaser. If a person modifies or enhances computer software of	59290
which the person is not the author or creator, the person shall be	59291
deemed to be the author or creator only of such person's	59292
modifications or enhancements. Prewritten computer software or a	59293
prewritten portion thereof that is modified or enhanced to any	59294
degree, where such modification or enhancement is designed and	59295
developed to the specifications of a specific purchaser, remains	59296
prewritten computer software; provided, however, that where there	59297
is a reasonable, separately stated charge or an invoice or other	59298
statement of the price given to the purchaser for the modification	59299
or enhancement, the modification or enhancement shall not	59300
constitute prewritten computer software.	59301

(EEE)(1) Prior to July 1, 2004, "food" means cereals and	59302
cereal products, milk and milk products including ice cream, meat	59303
and meat products, fish and fish products, eggs and egg products,	59304
vegetables and vegetable products, fruits, fruit products, and	59305
pure fruit juices, condiments, sugar and sugar products, coffee	59306
and coffee substitutes, tea, and cocoa and cocoa products. "Food"	59307
does not include spirituous liquors, wine, mixed beverages, or	59308
beer; soft drinks; sodas and beverages that are ordinarily	59309
dispensed at or in connection with bars and soda fountains, other	59310
than coffee, tea, and cocoa; root beer and root beer extracts;	59311
malt and malt extracts; mineral oils, cod liver oils, and halibut	59312
liver oil; medicines, including tonics, vitamin preparations, and	59313
other products sold primarily for their medicinal properties; and	59314
water, including mineral, bottled, and carbonated waters, and ice.	59315

(2) On and after July 1, 2004, "food" means substances,	59316
whether in liquid, concentrated, solid, frozen, dried, or	59317
dehydrated form, that are sold for ingestion or chewing by humans	59318
and are consumed for their taste or nutritional value. "Food" does	59319
not include alcoholic beverages, dietary supplements, soft drinks,	59320
or tobacco.	59321

(3) As used in division (EEE)(2) of this section:

59322

(a) "Alcoholic beverages" means beverages that are suitable	59323
for human consumption and contain one-half of one per cent or more	59324
of alcohol by volume.	59325

(b) "Dietary supplements" means any product, other than	59326
tobacco, that is intended to supplement the diet and that is	59327
intended for ingestion in tablet, capsule, powder, softgel,	59328
gelcap, or liquid form, or, if not intended for ingestion in such	59329
a form, is not represented as conventional food for use as a sole	59330
item of a meal or of the diet; that is required to be labeled as a	59331
dietary supplement, identifiable by the "supplement facts" box	59332
found on the label, as required by 21 C.F.R. 101.36; and that	59333
contains one or more of the following dietary ingredients:	59334

(i) A vitamin;

59335

(ii) A mineral;

59336

(iii) An herb or other botanical;

59337

(iv) An amino acid;

59338

(v) A dietary substance for use by humans to supplement the	59339
diet by increasing the total dietary intake;	59340

(vi) A concentrate, metabolite, constituent, extract, or	59341
combination of any ingredient described in divisions	59342
(EEE)(3)(b)(i) to (v) of this section.	59343

(c) "Soft drinks" means nonalcoholic beverages that contain	59344
natural or artificial sweeteners. "Soft drinks" does not include	59345
beverages that contain milk or milk products, soy, rice, or	59346
similar milk substitutes, or that contains greater than fifty per	59347
cent vegetable or fruit juice by volume.	59348

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	59349
tobacco, or any other item that contains tobacco.	59350

(FFF) "Drug" means a compound, substance, or preparation, and	59351
any component of a compound, substance, or preparation, other than	59352
food, dietary supplements, or alcoholic beverages that is	59353
recognized in the official United States pharmacopoeia, official	59354
homeopathic pharmacopoeia of the United States, or official	59355
national formulary, and supplements to them; is intended for use	59356
in the diagnosis, cure, mitigation, treatment, or prevention of	59357
disease; or is intended to affect the structure or any function of	59358
the body.	59359

(GGG) "Prescription" means an order, formula, or recipe	59360
issued in any form of oral, written, electronic, or other means of	59361
transmission by a duly licensed practitioner authorized by the	59362
laws of this state to issue a prescription.	59363

(HHH) "Durable medical equipment" means equipment, including	59364
repair and replacement parts for such equipment, that can	59365
withstand repeated use, is primarily and customarily used to serve	59366
a medical purpose, generally is not useful to a person in the	59367
absence of illness or injury, and is not worn in or on the body.	59368

(III) "Mobility enhancing equipment" means equipment,	59369
including repair and replacement parts for such equipment, that is	59370
primarily and customarily used to provide or increase the ability	59371
to move from one place to another and is appropriate for use	59372
either in a home or a motor vehicle, that is not generally used by	59373
persons with normal mobility, and that does not include any motor	59374
vehicle or equipment on a motor vehicle normally provided by a	59375
motor vehicle manufacturer.	59376

(JJJ) "Prosthetic device" means a replacement, corrective, or	59377
supportive device, including repair and replacement parts for the	59378
device, worn on or in the human body to artificially replace a	59379
missing portion of the body, prevent or correct physical deformity	59380
or malfunction, or support a weak or deformed portion of the body.	59381
As used in this division, "prosthetic device" does not include	59382
corrective eyeglasses, contact lenses, or dental prosthesis.	59383

(KKK)(1) "Fractional aircraft ownership program" means a	59384
program in which persons within an affiliated group sell and	59385
manage fractional ownership program aircraft, provided that at	59386
least one hundred airworthy aircraft are operated in the program	59387
and the program meets all of the following criteria:	59388

(a) Management services are provided by at least one program	59389
manager within an affiliated group on behalf of the fractional	59390
owners.	59391

(b) Each program aircraft is owned or possessed by at least	59392
one fractional owner.	59393

(c) Each fractional owner owns or possesses at least a	59394
one-sixteenth interest in at least one fixed-wing program	59395
aircraft.	59396

(d) A dry-lease aircraft interchange arrangement is in effect	59397
among all of the fractional owners.	59398

(e) Multi-year program agreements are in effect regarding the	59399
fractional ownership, management services, and dry-lease aircraft	59400
interchange arrangement aspects of the program.	59401

(2) As used in division (KKK)(1) of this section:

59402

(a) "Affiliated group" has the same meaning as in division	59403
(B)(3)(e) of this section.	59404

(b) "Fractional owner" means a person that owns or possesses	59405
at least a one-sixteenth interest in a program aircraft and has	59406
entered into the agreements described in division (KKK)(1)(e) of	59407
this section.	59408

(c) "Fractional ownership program aircraft" or "program	59409
aircraft" means a turbojet aircraft that is owned or possessed by	59410
a fractional owner and that has been included in a dry-lease	59411
aircraft interchange arrangement and agreement under divisions	59412
(KKK)(1)(d) and (e) of this section, or an aircraft a program	59413
manager owns or possesses primarily for use in a fractional	59414
aircraft ownership program.	59415

(d) "Management services" means administrative and aviation	59416
support services furnished under a fractional aircraft ownership	59417
program in accordance with a management services agreement under	59418
division (KKK)(1)(e) of this section, and offered by the program	59419
manager to the fractional owners, including, at a minimum, the	59420
establishment and implementation of safety guidelines; the	59421
coordination of the scheduling of the program aircraft and crews;	59422
program aircraft maintenance; program aircraft insurance; crew	59423
training for crews employed, furnished, or contracted by the	59424
program manager or the fractional owner; the satisfaction of	59425
record-keeping requirements; and the development and use of an	59426
operations manual and a maintenance manual for the fractional	59427
aircraft ownership program.	59428

(e) "Program manager" means the person that offers management	59429
services to fractional owners pursuant to a management services	59430
agreement under division (KKK)(1)(e) of this section.	59431

Sec. 5739.02. For the purpose of providing revenue with	59432
which to meet the needs of the state, for the use of the general	59433
revenue fund of the state, for the purpose of securing a thorough	59434
and efficient system of common schools throughout the state, for	59435
the purpose of affording revenues, in addition to those from	59436
general property taxes, permitted under constitutional	59437
limitations, and from other sources, for the support of local	59438
governmental functions, and for the purpose of reimbursing the	59439
state for the expense of administering this chapter, an excise tax	59440
is hereby levied on each retail sale made in this state.	59441

(A)(1) The tax shall be collected as provided in section	59442
5739.025 of the Revised Code, provided that on and after July 1,	59443
2003, and on or before June 30, 2005, the rate of tax shall be six	59444
per cent. On and after July 1, 2005, the rate of the tax shall be	59445
five and one-half per cent. The tax applies and is collectible	59446
when the sale is made, regardless of the time when the price is	59447
paid or delivered.	59448

(2) In the case of the lease or rental, with a fixed term of	59449
more than thirty days or an indefinite term with a minimum period	59450
of more than thirty days, of any motor vehicles designed by the	59451
manufacturer to carry a load of not more than one ton, watercraft,	59452
outboard motor, or aircraft, or of any tangible personal property,	59453
other than motor vehicles designed by the manufacturer to carry a	59454
load of more than one ton, to be used by the lessee or renter	59455
primarily for business purposes, the tax shall be collected by the	59456
vendor at the time the lease or rental is consummated and shall be	59457
calculated by the vendor on the basis of the total amount to be	59458
paid by the lessee or renter under the lease agreement. If the	59459
total amount of the consideration for the lease or rental includes	59460
amounts that are not calculated at the time the lease or rental is	59461
executed, the tax shall be calculated and collected by the vendor	59462
at the time such amounts are billed to the lessee or renter. In	59463
the case of an open-end lease or rental, the tax shall be	59464
calculated by the vendor on the basis of the total amount to be	59465
paid during the initial fixed term of the lease or rental, and for	59466
each subsequent renewal period as it comes due. As used in this	59467
division, "motor vehicle" has the same meaning as in section	59468
4501.01 of the Revised Code, and "watercraft" includes an outdrive	59469
unit attached to the watercraft.	59470

A lease with a renewal clause and a termination penalty or	59471
similar provision that applies if the renewal clause is not	59472
exercised is presumed to be a sham transaction. In such a case,	59473
the tax shall be calculated and paid on the basis of the entire	59474
length of the lease period, including any renewal periods, until	59475
the termination penalty or similar provision no longer applies.	59476
The taxpayer shall bear the burden, by a preponderance of the	59477
evidence, that the transaction or series of transactions is not a	59478
sham transaction.	59479

(3) Except as provided in division (A)(2) of this section, in	59480
the case of a sale, the price of which consists in whole or in	59481
part of the lease or rental of tangible personal property, the tax	59482
shall be measured by the installments of that lease or rental.	59483

(4) In the case of a sale of a physical fitness facility	59484
service or recreation and sports club service, the price of which	59485
consists in whole or in part of a membership for the receipt of	59486
the benefit of the service, the tax applicable to the sale shall	59487
be measured by the installments thereof.	59488

(B) The tax does not apply to the following:

59489

(1) Sales to the state or any of its political subdivisions,	59490
or to any other state or its political subdivisions if the laws of	59491
that state exempt from taxation sales made to this state and its	59492
political subdivisions;	59493

(2) Sales of food for human consumption off the premises	59494
where sold;	59495

(3) Sales of food sold to students only in a cafeteria,	59496
dormitory, fraternity, or sorority maintained in a private,	59497
public, or parochial school, college, or university;	59498

(4) Sales of newspapers and of magazine subscriptions and	59499
sales or transfers of magazines distributed as controlled	59500
circulation publications;	59501

(5) The furnishing, preparing, or serving of meals without	59502
charge by an employer to an employee provided the employer records	59503
the meals as part compensation for services performed or work	59504
done;	59505

(6) Sales of motor fuel upon receipt, use, distribution, or	59506
sale of which in this state a tax is imposed by the law of this	59507
state, but this exemption shall not apply to the sale of motor	59508
fuel on which a refund of the tax is allowable under division (A)	59509
of section 5735.14 of the Revised Code; and the tax commissioner	59510
may deduct the amount of tax levied by this section applicable to	59511
the price of motor fuel when granting a refund of motor fuel tax	59512
pursuant to division (A) of section 5735.14 of the Revised Code	59513
and shall cause the amount deducted to be paid into the general	59514
revenue fund of this state;	59515

(7) Sales of natural gas by a natural gas company, of water	59516
by a water-works company, or of steam by a heating company, if in	59517
each case the thing sold is delivered to consumers through pipes	59518
or conduits, and all sales of communications services by a	59519
telegraph company, all terms as defined in section 5727.01 of the	59520
Revised Code, and sales of electricity delivered through wires;	59521

(8) Casual sales by a person, or auctioneer employed directly	59522
by the person to conduct such sales, except as to such sales of	59523
motor vehicles, watercraft or outboard motors required to be	59524
titled under section 1548.06 of the Revised Code, watercraft	59525
documented with the United States coast guard, snowmobiles, and	59526
all-purpose vehicles as defined in section 4519.01 of the Revised	59527
Code;	59528

(9) Sales of services or tangible personal property, other	59529
than motor vehicles, mobile homes, and manufactured homes, by	59530
churches, organizations exempt from taxation under section	59531
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	59532
organizations operated exclusively for charitable purposes as	59533
defined in division (B)(12) of this section, provided that the	59534
number of days on which such tangible personal property or	59535
services, other than items never subject to the tax, are sold does	59536
not exceed six in any calendar year. If the number of days on	59537
which such sales are made exceeds six in any calendar year, the	59538
church or organization shall be considered to be engaged in	59539
business and all subsequent sales by it shall be subject to the	59540
tax. In counting the number of days, all sales by groups within a	59541
church or within an organization shall be considered to be sales	59542
of that church or organization, except that sales made by separate	59543
student clubs and other groups of students of a primary or	59544
secondary school, and sales made by a parent-teacher association,	59545
booster group, or similar organization that raises money to	59546
support or fund curricular or extracurricular activities of a	59547
primary or secondary school, shall not be considered to be sales	59548
of such school, and sales by each such club, group, association,	59549
or organization shall be counted separately for purposes of the	59550
six-day limitation. This division does not apply to sales by a	59551
noncommercial educational radio or television broadcasting	59552
station.	59553

(10) Sales not within the taxing power of this state under	59554
the Constitution of the United States;	59555

(11) Except for transactions that are sales under division	59556
(B)(3)(s) of section 5739.01 of the Revised Code, the	59557
transportation of persons or property, unless the transportation	59558
is by a private investigation and security service;	59559

(12) Sales of tangible personal property or services to	59560
churches, to organizations exempt from taxation under section	59561
501(c)(3) of the Internal Revenue Code of 1986, and to any other	59562
nonprofit organizations operated exclusively for charitable	59563
purposes in this state, no part of the net income of which inures	59564
to the benefit of any private shareholder or individual, and no	59565
substantial part of the activities of which consists of carrying	59566
on propaganda or otherwise attempting to influence legislation;	59567
sales to offices administering one or more homes for the aged or	59568
one or more hospital facilities exempt under section 140.08 of the	59569
Revised Code; and sales to organizations described in division (D)	59570
of section 5709.12 of the Revised Code.	59571

"Charitable purposes" means the relief of poverty; the	59572
improvement of health through the alleviation of illness, disease,	59573
or injury; the operation of an organization exclusively for the	59574
provision of professional, laundry, printing, and purchasing	59575
services to hospitals or charitable institutions; the operation of	59576
a home for the aged, as defined in section 5701.13 of the Revised	59577
Code; the operation of a radio or television broadcasting station	59578
that is licensed by the federal communications commission as a	59579
noncommercial educational radio or television station; the	59580
operation of a nonprofit animal adoption service or a county	59581
humane society; the promotion of education by an institution of	59582
learning that maintains a faculty of qualified instructors,	59583
teaches regular continuous courses of study, and confers a	59584
recognized diploma upon completion of a specific curriculum; the	59585
operation of a parent-teacher association, booster group, or	59586
similar organization primarily engaged in the promotion and	59587
support of the curricular or extracurricular activities of a	59588
primary or secondary school; the operation of a community or area	59589
center in which presentations in music, dramatics, the arts, and	59590
related fields are made in order to foster public interest and	59591
education therein; the production of performances in music,	59592
dramatics, and the arts; or the promotion of education by an	59593
organization engaged in carrying on research in, or the	59594
dissemination of, scientific and technological knowledge and	59595
information primarily for the public.	59596

Nothing in this division shall be deemed to exempt sales to	59597
any organization for use in the operation or carrying on of a	59598
trade or business, or sales to a home for the aged for use in the	59599
operation of independent living facilities as defined in division	59600
(A) of section 5709.12 of the Revised Code.	59601

(13) Building and construction materials and services sold to	59602
construction contractors for incorporation into a structure or	59603
improvement to real property under a construction contract with	59604
this state or a political subdivision of this state, or with the	59605
United States government or any of its agencies; building and	59606
construction materials and services sold to construction	59607
contractors for incorporation into a structure or improvement to	59608
real property that are accepted for ownership by this state or any	59609
of its political subdivisions, or by the United States government	59610
or any of its agencies at the time of completion of the structures	59611
or improvements; building and construction materials sold to	59612
construction contractors for incorporation into a horticulture	59613
structure or livestock structure for a person engaged in the	59614
business of horticulture or producing livestock; building	59615
materials and services sold to a construction contractor for	59616
incorporation into a house of public worship or religious	59617
education, or a building used exclusively for charitable purposes	59618
under a construction contract with an organization whose purpose	59619
is as described in division (B)(12) of this section; building	59620
materials and services sold to a construction contractor for	59621
incorporation into a building under a construction contract with	59622
an organization exempt from taxation under section 501(c)(3) of	59623
the Internal Revenue Code of 1986 when the building is to be used	59624
exclusively for the organization's exempt purposes; building and	59625
construction materials sold for incorporation into the original	59626
construction of a sports facility under section 307.696 of the	59627
Revised Code; and building and construction materials and services	59628
sold to a construction contractor for incorporation into real	59629
property outside this state if such materials and services, when	59630
sold to a construction contractor in the state in which the real	59631
property is located for incorporation into real property in that	59632
state, would be exempt from a tax on sales levied by that state;	59633

(14) Sales of ships or vessels or rail rolling stock used or	59634
to be used principally in interstate or foreign commerce, and	59635
repairs, alterations, fuel, and lubricants for such ships or	59636
vessels or rail rolling stock;	59637

(15) Sales to persons primarily engaged in any of the	59638
activities mentioned in division (B)(43)(a) or (g) of this	59639
section, to persons engaged in making retail sales, or to persons	59640
who purchase for sale from a manufacturer tangible personal	59641
property that was produced by the manufacturer in accordance with	59642
specific designs provided by the purchaser, of packages, including	59643
material, labels, and parts for packages, and of machinery,	59644
equipment, and material for use primarily in packaging tangible	59645
personal property produced for sale, including any machinery,	59646
equipment, and supplies used to make labels or packages, to	59647
prepare packages or products for labeling, or to label packages or	59648
products, by or on the order of the person doing the packaging, or	59649
sold at retail. "Packages" includes bags, baskets, cartons,	59650
crates, boxes, cans, bottles, bindings, wrappings, and other	59651
similar devices and containers, but does not include motor	59652
vehicles or bulk tanks, trailers, or similar devices attached to	59653
motor vehicles. "Packaging" means placing in a package. Division	59654
(B)~~(14)~~(15) of this section does not apply to persons engaged in	59655
highway transportation for hire.	59656

(16) Sales of food to persons using food stamp benefits to	59657
purchase the food. As used in this division, "food" has the same	59658
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	59659
2012, as amended, and federal regulations adopted pursuant to that	59660
act.	59661

(17) Sales to persons engaged in farming, agriculture,	59662
horticulture, or floriculture, of tangible personal property for	59663
use or consumption directly in the production by farming,	59664
agriculture, horticulture, or floriculture of other tangible	59665
personal property for use or consumption directly in the	59666
production of tangible personal property for sale by farming,	59667
agriculture, horticulture, or floriculture; or material and parts	59668
for incorporation into any such tangible personal property for use	59669
or consumption in production; and of tangible personal property	59670
for such use or consumption in the conditioning or holding of	59671
products produced by and for such use, consumption, or sale by	59672
persons engaged in farming, agriculture, horticulture, or	59673
floriculture, except where such property is incorporated into real	59674
property;	59675

(18) Sales of drugs for a human being, dispensed pursuant to	59676
a prescription; insulin as recognized in the official United	59677
States pharmacopoeia; urine and blood testing materials when used	59678
by diabetics or persons with hypoglycemia to test for glucose or	59679
acetone; hypodermic syringes and needles when used by diabetics	59680
for insulin injections; epoetin alfa when purchased for use in the	59681
treatment of persons with medical disease; hospital beds when	59682
purchased for use by persons with medical problems for medical	59683
purposes; and medical oxygen and medical oxygen-dispensing	59684
equipment when purchased for use by persons with medical problems	59685
for medical purposes;	59686

(19) Sales of prosthetic devices, durable medical equipment	59687
for home use, or mobility enhancing equipment, when made pursuant	59688
to a prescription and when such devices or equipment are for use	59689
by a human being.	59690

(20) Sales of emergency and fire protection vehicles and	59691
equipment to nonprofit organizations for use solely in providing	59692
fire protection and emergency services, including trauma care and	59693
emergency medical services, for political subdivisions of the	59694
state;	59695

(21) Sales of tangible personal property manufactured in this	59696
state, if sold by the manufacturer in this state to a retailer for	59697
use in the retail business of the retailer outside of this state	59698
and if possession is taken from the manufacturer by the purchaser	59699
within this state for the sole purpose of immediately removing the	59700
same from this state in a vehicle owned by the purchaser;	59701

(22) Sales of services provided by the state or any of its	59702
political subdivisions, agencies, instrumentalities, institutions,	59703
or authorities, or by governmental entities of the state or any of	59704
its political subdivisions, agencies, instrumentalities,	59705
institutions, or authorities;	59706

(23) Sales of motor vehicles to nonresidents of this state	59707
upon the presentation of an affidavit executed in this state by	59708
the nonresident purchaser affirming that the purchaser is a	59709
nonresident of this state, that possession of the motor vehicle is	59710
taken in this state for the sole purpose of immediately removing	59711
it from this state, that the motor vehicle will be permanently	59712
titled and registered in another state, and that the motor vehicle	59713
will not be used in this state;	59714

(24) Sales to persons engaged in the preparation of eggs for	59715
sale of tangible personal property used or consumed directly in	59716
such preparation, including such tangible personal property used	59717
for cleaning, sanitizing, preserving, grading, sorting, and	59718
classifying by size; packages, including material and parts for	59719
packages, and machinery, equipment, and material for use in	59720
packaging eggs for sale; and handling and transportation equipment	59721
and parts therefor, except motor vehicles licensed to operate on	59722
public highways, used in intraplant or interplant transfers or	59723
shipment of eggs in the process of preparation for sale, when the	59724
plant or plants within or between which such transfers or	59725
shipments occur are operated by the same person. "Packages"	59726
includes containers, cases, baskets, flats, fillers, filler flats,	59727
cartons, closure materials, labels, and labeling materials, and	59728
"packaging" means placing therein.	59729

(25)(a) Sales of water to a consumer for residential use,	59730
except the sale of bottled water, distilled water, mineral water,	59731
carbonated water, or ice;	59732

(b) Sales of water by a nonprofit corporation engaged	59733
exclusively in the treatment, distribution, and sale of water to	59734
consumers, if such water is delivered to consumers through pipes	59735
or tubing.	59736

(26) Fees charged for inspection or reinspection of motor	59737
vehicles under section 3704.14 of the Revised Code;	59738

(27) Sales to persons licensed to conduct a food service	59739
operation pursuant to section 3717.43 of the Revised Code, of	59740
tangible personal property primarily used directly for the	59741
following:	59742

(a) To prepare food for human consumption for sale;

59743

(b) To preserve food that has been or will be prepared for	59744
human consumption for sale by the food service operator, not	59745
including tangible personal property used to display food for	59746
selection by the consumer;	59747

(c) To clean tangible personal property used to prepare or	59748
serve food for human consumption for sale.	59749

(28) Sales of animals by nonprofit animal adoption services	59750
or county humane societies;	59751

(29) Sales of services to a corporation described in division	59752
(A) of section 5709.72 of the Revised Code, and sales of tangible	59753
personal property that qualifies for exemption from taxation under	59754
section 5709.72 of the Revised Code;	59755

(30) Sales and installation of agricultural land tile, as	59756
defined in division (B)(5)(a) of section 5739.01 of the Revised	59757
Code;	59758

(31) Sales and erection or installation of portable grain	59759
bins, as defined in division (B)(5)(b) of section 5739.01 of the	59760
Revised Code;	59761

(32) The sale, lease, repair, and maintenance of, parts for,	59762
or items attached to or incorporated in, motor vehicles that are	59763
primarily used for transporting tangible personal property	59764
belonging to others by a person engaged in highway transportation	59765
for hire, except for packages and packaging used for the	59766
transportation of tangible personal property;	59767

(33) Sales to the state headquarters of any veterans'	59768
organization in this state that is either incorporated and issued	59769
a charter by the congress of the United States or is recognized by	59770
the United States veterans administration, for use by the	59771
headquarters;	59772

(34) Sales to a telecommunications service vendor, mobile	59773
telecommunications service vendor, or satellite broadcasting	59774
service vendor of tangible personal property and services used	59775
directly and primarily in transmitting, receiving, switching, or	59776
recording any interactive, one- or two-way electromagnetic	59777
communications, including voice, image, data, and information,	59778
through the use of any medium, including, but not limited to,	59779
poles, wires, cables, switching equipment, computers, and record	59780
storage devices and media, and component parts for the tangible	59781
personal property. The exemption provided in this division shall	59782
be in lieu of all other exemptions under division (B)(43)(a) of	59783
this section to which the vendor may otherwise be entitled, based	59784
upon the use of the thing purchased in providing the	59785
telecommunications, mobile telecommunications, or satellite	59786
broadcasting service.	59787

(35) Sales of investment metal bullion and investment coins.	59788
"Investment metal bullion" means any elementary precious metal	59789
that has been put through a process of smelting or refining,	59790
including, but not limited to, gold, silver, platinum, and	59791
palladium, and which is in such state or condition that its value	59792
depends upon its content and not upon its form. "Investment metal	59793
bullion" does not include fabricated precious metal that has been	59794
processed or manufactured for one or more specific and customary	59795
industrial, professional, or artistic uses. "Investment coins"	59796
means numismatic coins or other forms of money and legal tender	59797
manufactured of gold, silver, platinum, palladium, or other metal	59798
under the laws of the United States or any foreign nation with a	59799
fair market value greater than any statutory or nominal value of	59800
such coins.	59801

(36)(a) Sales where the purpose of the consumer is to use or	59802
consume the things transferred in making retail sales and	59803
consisting of newspaper inserts, catalogues, coupons, flyers, gift	59804
certificates, or other advertising material that prices and	59805
describes tangible personal property offered for retail sale.	59806

(b) Sales to direct marketing vendors of preliminary	59807
materials such as photographs, artwork, and typesetting that will	59808
be used in printing advertising material; of printed matter that	59809
offers free merchandise or chances to win sweepstake prizes and	59810
that is mailed to potential customers with advertising material	59811
described in division (B)(36)(a) of this section; and of equipment	59812
such as telephones, computers, facsimile machines, and similar	59813
tangible personal property primarily used to accept orders for	59814
direct marketing retail sales.	59815

(c) Sales of automatic food vending machines that preserve	59816
food with a shelf life of forty-five days or less by refrigeration	59817
and dispense it to the consumer.	59818

For purposes of division (B)(36) of this section, "direct	59819
marketing" means the method of selling where consumers order	59820
tangible personal property by United States mail, delivery	59821
service, or telecommunication and the vendor delivers or ships the	59822
tangible personal property sold to the consumer from a warehouse,	59823
catalogue distribution center, or similar fulfillment facility by	59824
means of the United States mail, delivery service, or common	59825
carrier.	59826

(37) Sales to a person engaged in the business of	59827
horticulture or producing livestock of materials to be	59828
incorporated into a horticulture structure or livestock structure;	59829

(38) Sales of personal computers, computer monitors, computer	59830
keyboards, modems, and other peripheral computer equipment to an	59831
individual who is licensed or certified to teach in an elementary	59832
or a secondary school in this state for use by that individual in	59833
preparation for teaching elementary or secondary school students;	59834

(39) Sales to a professional racing team of any of the	59835
following:	59836

(a) Motor racing vehicles;

59837

(b) Repair services for motor racing vehicles;

59838

(c) Items of property that are attached to or incorporated in	59839
motor racing vehicles, including engines, chassis, and all other	59840
components of the vehicles, and all spare, replacement, and	59841
rebuilt parts or components of the vehicles; except not including	59842
tires, consumable fluids, paint, and accessories consisting of	59843
instrumentation sensors and related items added to the vehicle to	59844
collect and transmit data by means of telemetry and other forms of	59845
communication.	59846

(40) Sales of used manufactured homes and used mobile homes,	59847
as defined in section 5739.0210 of the Revised Code, made on or	59848
after January 1, 2000;	59849

(41) Sales of tangible personal property and services to a	59850
provider of electricity used or consumed directly and primarily in	59851
generating, transmitting, or distributing electricity for use by	59852
others, including property that is or is to be incorporated into	59853
and will become a part of the consumer's production, transmission,	59854
or distribution system and that retains its classification as	59855
tangible personal property after incorporation; fuel or power used	59856
in the production, transmission, or distribution of electricity;	59857
and tangible personal property and services used in the repair and	59858
maintenance of the production, transmission, or distribution	59859
system, including only those motor vehicles as are specially	59860
designed and equipped for such use. The exemption provided in this	59861
division shall be in lieu of all other exemptions in division	59862
(B)(43)(a) of this section to which a provider of electricity may	59863
otherwise be entitled based on the use of the tangible personal	59864
property or service purchased in generating, transmitting, or	59865
distributing electricity.	59866

(42) Sales to a person providing services under division	59867
(B)(3)(s) of section 5739.01 of the Revised Code of tangible	59868
personal property and services used directly and primarily in	59869
providing taxable services under that section.	59870

(43) Sales where the purpose of the purchaser is to do any of	59871
the following:	59872

(a) To incorporate the thing transferred as a material or a	59873
part into tangible personal property to be produced for sale by	59874
manufacturing, assembling, processing, or refining; or to use or	59875
consume the thing transferred directly in producing tangible	59876
personal property for sale by mining, including, without	59877
limitation, the extraction from the earth of all substances that	59878
are classed geologically as minerals, production of crude oil and	59879
natural gas, farming, agriculture, horticulture, or floriculture,	59880
or directly in the rendition of a public utility service, except	59881
that the sales tax levied by this section shall be collected upon	59882
all meals, drinks, and food for human consumption sold when	59883
transporting persons. Persons engaged in rendering farming,	59884
agricultural, horticultural, or floricultural services, and	59885
services in the exploration for, and production of, crude oil and	59886
natural gas, for others are deemed engaged directly in farming,	59887
agriculture, horticulture, and floriculture, or exploration for,	59888
and production of, crude oil and natural gas. This paragraph does	59889
not exempt from "retail sale" or "sales at retail" the sale of	59890
tangible personal property that is to be incorporated into a	59891
structure or improvement to real property.	59892

(b) To hold the thing transferred as security for the	59893
performance of an obligation of the vendor;	59894

(c) To resell, hold, use, or consume the thing transferred as	59895
evidence of a contract of insurance;	59896

(d) To use or consume the thing directly in commercial	59897
fishing;	59898

(e) To incorporate the thing transferred as a material or a	59899
part into, or to use or consume the thing transferred directly in	59900
the production of, magazines distributed as controlled circulation	59901
publications;	59902

(f) To use or consume the thing transferred in the production	59903
and preparation in suitable condition for market and sale of	59904
printed, imprinted, overprinted, lithographic, multilithic,	59905
blueprinted, photostatic, or other productions or reproductions of	59906
written or graphic matter;	59907

(g) To use the thing transferred, as described in section	59908
5739.011 of the Revised Code, primarily in a manufacturing	59909
operation to produce tangible personal property for sale;	59910

(h) To use the benefit of a warranty, maintenance or service	59911
contract, or similar agreement, as described in division (B)(7) of	59912
section 5739.01 of the Revised Code, to repair or maintain	59913
tangible personal property, if all of the property that is the	59914
subject of the warranty, contract, or agreement would not be	59915
subject to the tax imposed by this section;	59916

(i) To use the thing transferred as qualified research and	59917
development equipment;	59918

(j) To use or consume the thing transferred primarily in	59919
storing, transporting, mailing, or otherwise handling purchased	59920
sales inventory in a warehouse, distribution center, or similar	59921
facility when the inventory is primarily distributed outside this	59922
state to retail stores of the person who owns or controls the	59923
warehouse, distribution center, or similar facility, to retail	59924
stores of an affiliated group of which that person is a member, or	59925
by means of direct marketing. This division does not apply to	59926
motor vehicles registered for operation on the public highways. As	59927
used in this division, "affiliated group" has the same meaning as	59928
in division (B)(3)(e) of section 5739.01 of the Revised Code and	59929
"direct marketing" has the same meaning as in division (B)(36) of	59930
this section.	59931

(k) To use or consume the thing transferred to fulfill a	59932
contractual obligation incurred by a warrantor pursuant to a	59933
warranty provided as a part of the price of the tangible personal	59934
property sold or by a vendor of a warranty, maintenance or service	59935
contract, or similar agreement the provision of which is defined	59936
as a sale under division (B)(7) of section 5739.01 of the Revised	59937
Code;	59938

(l) To use or consume the thing transferred in the production	59939
of a newspaper for distribution to the public;	59940

(m) To use tangible personal property to perform a service	59941
listed in division (B)(3) of section 5739.01 of the Revised Code,	59942
if the property is or is to be permanently transferred to the	59943
consumer of the service as an integral part of the performance of	59944
the service.	59945

As used in division (B)(43) of this section, "thing" includes	59946
all transactions included in divisions (B)(3)(a), (b), and (e) of	59947
section 5739.01 of the Revised Code.	59948

(44) Sales conducted through a coin operated device that	59949
activates vacuum equipment or equipment that dispenses water,	59950
whether or not in combination with soap or other cleaning agents	59951
or wax, to the consumer for the consumer's use on the premises in	59952
washing, cleaning, or waxing a motor vehicle, provided no other	59953
personal property or personal service is provided as part of the	59954
transaction.	59955

(45) Sales of replacement and modification parts for engines,	59956
airframes, instruments, and interiors in, and paint for, aircraft	59957
used primarily in a fractional aircraft ownership program, and	59958
sales of services for the repair, modification, and maintenance of	59959
such aircraft, and machinery, equipment, and supplies primarily	59960
used to provide those services.	59961

(46) Sales of telecommunications service that is used	59962
directly and primarily to perform the functions of a call center.	59963
As used in this division, "call center" means any physical	59964
location where telephone calls are placed or received in high	59965
volume for the purpose of making sales, marketing, customer	59966
service, technical support, or other specialized business	59967
activity, and that employs at least fifty individuals that engage	59968
in call center activities on a full-time basis, or sufficient	59969
individuals to fill fifty full-time equivalent positions.	59970

(C) For the purpose of the proper administration of this	59971
chapter, and to prevent the evasion of the tax, it is presumed	59972
that all sales made in this state are subject to the tax until the	59973
contrary is established.	59974

~~(D)(E)~~(D) The levy of this tax on retail sales of recreation	59975
and sports club service shall not prevent a municipal corporation	59976
from levying any tax on recreation and sports club dues or on any	59977
income generated by recreation and sports club dues.	59978

(E) The tax collected by the vendor from the consumer under	59979
this chapter is not part of the price, but is a tax collection for	59980
the benefit of the state, and of counties levying an additional	59981
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	59982
Code and of transit authorities levying an additional sales tax	59983
pursuant to section 5739.023 of the Revised Code. Except for the	59984
discount authorized under section 5739.12 of the Revised Code and	59985
the effects of any rounding pursuant to section 5703.055 of the	59986
Revised Code, no person other than the state or such a county or	59987
transit authority shall derive any benefit from the collection or	59988
payment of the tax levied by this section or section 5739.021,	59989
5739.023, or 5739.026 of the Revised Code.	59990

Sec. 5739.025. As used in this section, "local tax" means a	59991
tax imposed pursuant to section 5739.021, 5739.023, 5739.026,	59992
5741.021, 5741.022, or 5741.023 of the Revised Code.	59993

(A) The taxes levied by sections 5739.02 and 5741.02 of the	59994
Revised Code shall be collected as follows:	59995

(1) On and after July 1, 2003, and on or before June 30,	59996
2005, in accordance with the following schedule:	59997

If the price		The amount of			59998
is at least		But not more than		the tax is		59999
	$ .01		$ .15		No tax	60000
	.16		.16		1¢	60001
	.17		.33		2¢	60002
	.34		.50		3¢	60003
	.51		.66		4¢	60004
	.67		.83		5¢	60005
	.84		1.00		6¢	60006

If the price exceeds one dollar, the tax is six cents on each	60007
one dollar. If the price exceeds one dollar or a multiple thereof	60008
by not more than seventeen cents, the amount of tax is six cents	60009
for each one dollar plus one cent. If the price exceeds one dollar	60010
or a multiple thereof by more than seventeen cents, the amount of	60011
tax is six cents for each one dollar plus the amount of tax for	60012
prices eighteen cents through ninety-nine cents in accordance with	60013
the schedule above.	60014

(2) On and after July 1, 2005, and on and before December 31,	60015
2005, in accordance with the following schedule:	60016

	If the price		But not		The amount			60017
	is at least		more than		of the tax is			60018

$ .01	$ .15	No tax	60019
.16	~~.20~~ .18	1¢	60020
~~.21~~ .19	~~.40~~ .36	2¢	60021
~~.41~~ .37	~~.60~~ .54	3¢	60022
~~.61~~ .55	~~.80~~ .72	4¢	60023
~~.81~~ .73	~~1.00~~ .90	5¢	60024
.91	1.09	6¢	60025
1.10	1.27	7¢	60026
1.28	1.46	8¢	60027
1.47	1.64	9¢	60028
1.65	1.82	10¢	60029
1.83	2.00	11¢	60030

If the price exceeds ~~one dollar~~two dollars, the tax is ~~five~~	60031
eleven cents on each ~~one dollar~~two dollars. If the price exceeds	60032
~~one dollar~~two dollars or a multiple thereof by not more than	60033
~~twenty~~eighteen cents, the amount of tax is ~~five~~eleven cents for	60034
each ~~one dollar~~two dollars plus one cent. If the price exceeds	60035
~~one dollar~~two dollars or a multiple thereof by more than ~~twenty~~	60036
eighteen cents, the amount of tax is ~~five~~eleven cents for each	60037
~~one dollar~~two dollars plus the amount of tax for prices	60038
~~twenty-one~~nineteen cents through one dollar and ninety-nine cents	60039
in accordance with the schedule above.	60040

(B) On and after July 1, 2003, and on and before June 30,	60041
2005, the combined taxes levied by sections 5739.02 and 5741.02	60042
and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021,	60043
5741.022, and 5741.023 of the Revised Code shall be collected in	60044
accordance with the following schedules:	60045

(1) When the combined rate of state and local tax is six and	60046
one-fourth per cent:	60047

If the price		The amount of			60048
is at least		But not more than		the tax is		60049
	$ .01		$ .15		No tax	60050
	.16		.16		1¢	60051
	.17		.32		2¢	60052
	.33		.48		3¢	60053
	.49		.64		4¢	60054
	.65		.80		5¢	60055
	.81		.96		6¢	60056
	.97		1.12		7¢	60057
	1.13		1.28		8¢	60058
	1.29		1.44		9¢	60059
	1.45		1.60		10¢	60060
	1.61		1.76		11¢	60061
	1.77		1.92		12¢	60062
	1.93		2.08		13¢	60063
	2.09		2.24		14¢	60064
	2.25		2.40		15¢	60065
	2.41		2.56		16¢	60066
	2.57		2.72		17¢	60067
	2.73		2.88		18¢	60068
	2.89		3.04		19¢	60069
	3.05		3.20		20¢	60070
	3.21		3.36		21¢	60071
	3.37		3.52		22¢	60072
	3.53		3.68		23¢	60073
	3.69		3.84		24¢	60074
	3.85		4.00		25¢	60075

If the price exceeds four dollars, the tax is twenty-five	60076
cents on each four dollars. If the price exceeds four dollars or a	60077
multiple thereof by not more than sixteen cents, the amount of tax	60078
is twenty-five cents for each four dollars plus one cent. If the	60079
price exceeds four dollars or a multiple thereof by more than	60080
sixteen cents, the amount of tax is twenty-five cents for each	60081
four dollars plus the amount of tax for prices seventeen cents	60082
through three dollars and ninety-nine cents in accordance with the	60083
schedule above.	60084

(2) When the combined rate of state and local tax is six and	60085
one-half per cent:	60086

If the price		The amount of			60087
is at least		But not more than		the tax is		60088
	$ .01		$ .15		No tax	60089
	.16		.30		2¢	60090
	.31		.46		3¢	60091
	.47		.61		4¢	60092
	.62		.76		5¢	60093
	.77		.92		6¢	60094
	.93		1.07		7¢	60095
	1.08		1.23		8¢	60096
	1.24		1.38		9¢	60097
	1.39		1.53		10¢	60098
	1.54		1.69		11¢	60099
	1.70		1.84		12¢	60100
	1.85		2.00		13¢	60101

If the price exceeds two dollars, the tax is thirteen cents	60102
on each two dollars. If the price exceeds two dollars or a	60103
multiple thereof by not more than fifteen cents, the amount of tax	60104
is thirteen cents for each two dollars plus one cent. If the price	60105
exceeds two dollars or a multiple thereof by more than fifteen	60106
cents, the amount of tax is thirteen cents for each two dollars	60107
plus the amount of tax for prices sixteen cents through one dollar	60108
and ninety-nine cents in accordance with the schedule above.	60109

(3) When the combined rate of state and local tax is six and	60110
three-fourths per cent:	60111

If the price		The amount of			60112
is at least		But not more than		the tax is		60113
	$ .01		$ .15		No tax	60114
	.16		.29		2¢	60115
	.30		.44		3¢	60116
	.45		.59		4¢	60117
	.60		.74		5¢	60118
	.75		.88		6¢	60119
	.89		1.03		7¢	60120
	1.04		1.18		8¢	60121
	1.19		1.33		9¢	60122
	1.34		1.48		10¢	60123
	1.49		1.62		11¢	60124
	1.63		1.77		12¢	60125
	1.78		1.92		13¢	60126
	1.93		2.07		14¢	60127
	2.08		2.22		15¢	60128
	2.23		2.37		16¢	60129
	2.38		2.51		17¢	60130
	2.52		2.66		18¢	60131
	2.67		2.81		19¢	60132
	2.82		2.96		20¢	60133
	2.97		3.11		21¢	60134
	3.12		3.25		22¢	60135
	3.26		3.40		23¢	60136
	3.41		3.55		24¢	60137
	3.56		3.70		25¢	60138
	3.71		3.85		26¢	60139
	3.86		4.00		27¢	60140

If the price exceeds four dollars, the tax is twenty-seven	60141
cents on each four dollars. If the price exceeds four dollars or a	60142
multiple thereof by not more than fourteen cents, the amount of	60143
tax is twenty-seven cents for each four dollars plus one cent. If	60144
the price exceeds four dollars or a multiple thereof by more than	60145
fourteen but by not more than twenty-nine cents, the amount of tax	60146
is twenty-seven cents for each four dollars plus two cents. If the	60147
price exceeds four dollars or a multiple thereof by more than	60148
twenty-nine cents the amount of tax is twenty-seven cents for each	60149
four dollars plus the amount of tax for prices thirty cents	60150
through three dollars and ninety-nine cents in accordance with the	60151
schedule above.	60152

(4) When the combined rate of state and local tax is seven	60153
per cent:	60154

If the price		The amount of			60155
is at least		But not more than		the tax is		60156
	$ .01		$ .15		No tax	60157
	.16		.28		2¢	60158
	.29		.42		3¢	60159
	.43		.57		4¢	60160
	.58		.71		5¢	60161
	.72		.85		6¢	60162
	.86		1.00		7¢	60163

If the price exceeds one dollar, the tax is seven cents on	60164
each one dollar. If the price exceeds one dollar or a multiple	60165
thereof by not more than fifteen cents, the amount of tax is seven	60166
cents for each one dollar plus one cent. If the price exceeds one	60167
dollar or a multiple thereof by more than fifteen cents, the	60168
amount of tax is seven cents for each one dollar plus the amount	60169
of tax for prices sixteen cents through ninety-nine cents in	60170
accordance with the schedule above.	60171

(5) When the combined rate of state and local tax is seven	60172
and one-fourth per cent:	60173

If the price		The amount of			60174
is at least		But not more than		the tax is		60175
	$ .01		$ .15		No tax	60176
	.16		.27		2¢	60177
	.28		.41		3¢	60178
	.42		.55		4¢	60179
	.56		.68		5¢	60180
	.69		.82		6¢	60181
	.83		.96		7¢	60182
	.97		1.10		8¢	60183
	1.11		1.24		9¢	60184
	1.25		1.37		10¢	60185
	1.38		1.51		11¢	60186
	1.52		1.65		12¢	60187
	1.66		1.79		13¢	60188
	1.80		1.93		14¢	60189
	1.94		2.06		15¢	60190
	2.07		2.20		16¢	60191
	2.21		2.34		17¢	60192
	2.35		2.48		18¢	60193
	2.49		2.62		19¢	60194
	2.63		2.75		20¢	60195
	2.76		2.89		21¢	60196
	2.90		3.03		22¢	60197
	3.04		3.17		23¢	60198
	3.18		3.31		24¢	60199
	3.32		3.44		25¢	60200
	3.45		3.58		26¢	60201
	3.59		3.72		27¢	60202
	3.73		3.86		28¢	60203
	3.87		4.00		29¢	60204

If the price exceeds four dollars, the tax is twenty-nine	60205
cents on each four dollars. If the price exceeds four dollars or a	60206
multiple thereof by not more than thirteen cents, the amount of	60207
tax is twenty-nine cents for each four dollars plus one cent. If	60208
the price exceeds four dollars or a multiple thereof by more than	60209
thirteen cents but by not more than twenty-seven cents, the amount	60210
of tax is twenty-nine cents for each four dollars plus two cents.	60211
If the price exceeds four dollars or a multiple thereof by more	60212
than twenty-seven cents, the amount of tax is twenty-nine cents	60213
for each four dollars plus the amount of tax for prices	60214
twenty-eight cents through three dollars and ninety-nine cents in	60215
accordance with the schedule above.	60216

(6) When the combined rate of state and local tax is seven	60217
and one-half per cent:	60218

If the price		The amount of			60219
is at least		But not more than		the tax is		60220
	$ .01		$ .15		No tax	60221
	.16		.26		2¢	60222
	.27		.40		3¢	60223
	.41		.53		4¢	60224
	.54		.65		5¢	60225
	.66		.80		6¢	60226
	.81		.93		7¢	60227
	.94		1.06		8¢	60228
	1.07		1.20		9¢	60229
	1.21		1.33		10¢	60230
	1.34		1.46		11¢	60231
	1.47		1.60		12¢	60232
	1.61		1.73		13¢	60233
	1.74		1.86		14¢	60234
	1.87		2.00		15¢	60235

If the price exceeds two dollars, the tax is fifteen cents on	60236
each two dollars. If the price exceeds two dollars or a multiple	60237
thereof by not more than fifteen cents, the amount of tax is	60238
fifteen cents for each two dollars plus one cent. If the price	60239
exceeds two dollars or a multiple thereof by more than fifteen	60240
cents, the amount of tax is fifteen cents for each two dollars	60241
plus the amount of tax for prices sixteen cents through one dollar	60242
and ninety-nine cents in accordance with the schedule above.	60243

(7) When the combined rate of state and local tax is seven	60244
and three-fourths per cent:	60245

If the price		The amount of			60246
is at least		But not more than		the tax is		60247
	$ .01		$ .15		No tax	60248
	.16		.25		2¢	60249
	.26		.38		3¢	60250
	.39		.51		4¢	60251
	.52		.64		5¢	60252
	.65		.77		6¢	60253
	.78		.90		7¢	60254
	.91		1.03		8¢	60255
	1.04		1.16		9¢	60256
	1.17		1.29		10¢	60257
	1.30		1.41		11¢	60258
	1.42		1.54		12¢	60259
	1.55		1.67		13¢	60260
	1.68		1.80		14¢	60261
	1.81		1.93		15¢	60262
	1.94		2.06		16¢	60263
	2.07		2.19		17¢	60264
	2.20		2.32		18¢	60265
	2.33		2.45		19¢	60266
	2.46		2.58		20¢	60267
	2.59		2.70		21¢	60268
	2.71		2.83		22¢	60269
	2.84		2.96		23¢	60270
	2.97		3.09		24¢	60271
	3.10		3.22		25¢	60272
	3.23		3.35		26¢	60273
	3.36		3.48		27¢	60274
	3.49		3.61		28¢	60275
	3.62		3.74		29¢	60276
	3.75		3.87		30¢	60277
	3.88		4.00		31¢	60278

If the price exceeds four dollars, the tax is thirty-one	60279
cents on each four dollars. If the price exceeds four dollars or a	60280
multiple thereof by not more than twelve cents, the amount of tax	60281
is thirty-one cents for each four dollars plus one cent. If the	60282
price exceeds four dollars or a multiple thereof by more than	60283
twelve cents but by not more than twenty-five cents, the amount of	60284
tax is thirty-one cents for each four dollars plus two cents. If	60285
the price exceeds four dollars or a multiple thereof by more than	60286
twenty-five cents, the amount of tax is thirty-one cents for each	60287
four dollars plus the amount of tax for prices twenty-six cents	60288
through three dollars and ninety-nine cents in accordance with the	60289
schedule above.	60290

(8) When the combined rate of state and local tax is eight	60291
per cent:	60292

If the price		The amount of			60293
is at least		But not more than		the tax is		60294
	$ .01		$ .15		No tax	60295
	.16		.25		2¢	60296
	.26		.37		3¢	60297
	.38		.50		4¢	60298
	.51		.62		5¢	60299
	.63		.75		6¢	60300
	.76		.87		7¢	60301
	.88		1.00		8¢	60302

If the price exceeds one dollar, the tax is eight cents on	60303
each one dollar. If the price exceeds one dollar or a multiple	60304
thereof by not more than twelve cents, the amount of tax is eight	60305
cents for each one dollar plus one cent. If the price exceeds one	60306
dollar or a multiple thereof by more than twelve cents but not	60307
more than twenty-five cents, the amount of tax is eight cents for	60308
each one dollar plus two cents. If the price exceeds one dollar or	60309
a multiple thereof by more than twenty-five cents, the amount of	60310
tax is eight cents for each one dollar plus the amount of tax for	60311
prices twenty-six cents through ninety-nine cents in accordance	60312
with the schedule above.	60313

(9) When the combined rate of state and local tax is eight	60314
and one-fourth per cent:	60315

If the price		The amount of			60316
is at least		But not more than		the tax is		60317
	$ .01		$ .15		No tax	60318
	.16		.24		2¢	60319
	.25		.36		3¢	60320
	.37		.48		4¢	60321
	.49		.60		5¢	60322
	.61		.72		6¢	60323
	.73		.84		7¢	60324
	.85		.96		8¢	60325
	.97		1.09		9¢	60326
	1.10		1.21		10¢	60327
	1.22		1.33		11¢	60328
	1.34		1.45		12¢	60329
	1.46		1.57		13¢	60330
	1.58		1.69		14¢	60331
	1.70		1.81		15¢	60332
	1.82		1.93		16¢	60333
	1.94		2.06		17¢	60334
	2.07		2.18		18¢	60335
	2.19		2.30		19¢	60336
	2.31		2.42		20¢	60337
	2.43		2.54		21¢	60338
	2.55		2.66		22¢	60339
	2.67		2.78		23¢	60340
	2.79		2.90		24¢	60341
	2.91		3.03		25¢	60342
	3.04		3.15		26¢	60343
	3.16		3.27		27¢	60344
	3.28		3.39		28¢	60345
	3.40		3.51		29¢	60346
	3.52		3.63		30¢	60347
	3.64		3.75		31¢	60348
	3.76		3.87		32¢	60349
	3.88		4.00		33¢	60350

If the price exceeds four dollars, the tax is thirty-three	60351
cents on each four dollars. If the price exceeds four dollars or a	60352
multiple thereof by not more than eleven cents, the amount of tax	60353
is thirty-three cents for each four dollars plus one cent. If the	60354
price exceeds four dollars or a multiple thereof by more than	60355
eleven cents but by not more than twenty-four cents, the amount of	60356
tax is thirty-three cents for each four dollars plus two cents. If	60357
the price exceeds four dollars or a multiple thereof by more than	60358
twenty-four cents, the amount of tax is thirty-three cents for	60359
each four dollars plus the amount of tax for prices twenty-six	60360
cents through three dollars and ninety-nine cents in accordance	60361
with the schedule above.	60362

(10) When the combined rate of state and local tax is eight	60363
and one-half per cent:	60364

If the price		The amount of			60365
is at least		But not more than		the tax is		60366
	$ .01		$ .15		No tax	60367
	.16		.23		2¢	60368
	.24		.35		3¢	60369
	.36		.47		4¢	60370
	.48		.58		5¢	60371
	.59		.70		6¢	60372
	.71		.82		7¢	60373
	.83		.94		8¢	60374
	.95		1.05		9¢	60375
	1.06		1.17		10¢	60376
	1.18		1.29		11¢	60377
	1.30		1.41		12¢	60378
	1.42		1.52		13¢	60379
	1.53		1.64		14¢	60380
	1.65		1.76		15¢	60381
	1.77		1.88		16¢	60382
	1.89		2.00		17¢	60383

If the price exceeds two dollars, the tax is seventeen cents	60384
on each two dollars. If the price exceeds two dollars or a	60385
multiple thereof by not more than eleven cents, the amount of tax	60386
is seventeen cents for each two dollars plus one cent. If the	60387
price exceeds two dollars or a multiple thereof by more than	60388
eleven cents but by not more than twenty-three cents, the amount	60389
of tax is seventeen cents for each two dollars plus two cents. If	60390
the price exceeds two dollars or a multiple thereof by more than	60391
twenty-three cents, the amount of tax is seventeen cents for each	60392
two dollars plus the amount of tax for prices twenty-four cents	60393
through one dollar and ninety-nine cents in accordance with the	60394
schedule above.	60395

(11) When the combined rate of state and local tax is eight	60396
and three-fourths per cent:	60397

If the price		The amount of			60398
is at least		But not more than		the tax is		60399
	$ .01		$ .15		No tax	60400
	.16		.22		2¢	60401
	.23		.34		3¢	60402
	.35		.45		4¢	60403
	.46		.57		5¢	60404
	.58		.68		6¢	60405
	.69		.80		7¢	60406
	.81		.91		8¢	60407
	.92		1.02		9¢	60408
	1.03		1.14		10¢	60409
	1.15		1.25		11¢	60410
	1.26		1.37		12¢	60411
	1.38		1.48		13¢	60412
	1.49		1.60		14¢	60413
	1.61		1.71		15¢	60414
	1.72		1.82		16¢	60415
	1.83		1.94		17¢	60416
	1.95		2.05		18¢	60417
	2.06		2.17		19¢	60418
	2.18		2.28		20¢	60419
	2.29		2.40		21¢	60420
	2.41		2.51		22¢	60421
	2.52		2.62		23¢	60422
	2.63		2.74		24¢	60423
	2.75		2.85		25¢	60424
	2.86		2.97		26¢	60425
	2.98		3.08		27¢	60426
	3.09		3.20		28¢	60427
	3.21		3.31		29¢	60428
	3.32		3.42		30¢	60429
	3.43		3.54		31¢	60430
	3.55		3.65		32¢	60431
	3.66		3.77		33¢	60432
	3.78		3.88		34¢	60433
	3.89		4.00		35¢	60434

If the price exceeds four dollars, the tax is thirty-five	60435
cents on each four dollars. If the price exceeds four dollars or a	60436
multiple thereof by not more than eleven cents, the amount of tax	60437
is thirty-five cents for each four dollars plus one cent. If the	60438
price exceeds four dollars or a multiple thereof by more than	60439
eleven cents but by not more than twenty-two cents, the amount of	60440
tax is thirty-five cents for each four dollars plus two cents. If	60441
the price exceeds four dollars or a multiple thereof by more than	60442
twenty-two cents, the amount of tax is thirty-five cents for each	60443
four dollars plus the amount of tax for prices twenty-three cents	60444
through three dollars and ninety-nine cents in accordance with the	60445
schedule above.	60446

(12) When the combined rate of state and local tax is nine	60447
per cent:	60448

If the price		The amount of			60449
is at least		But not more than		the tax is		60450
	$ .01		$ .15		No tax	60451
	.16		.22		2¢	60452
	.23		.33		3¢	60453
	.34		.44		4¢	60454
	.45		.55		5¢	60455
	.56		.66		6¢	60456
	.67		.77		7¢	60457
	.78		.88		8¢	60458
	.89		1.00		9¢	60459

If the price exceeds one dollar, the tax is nine cents on	60460
each one dollar. If the price exceeds one dollar or a multiple	60461
thereof by not more than eleven cents, the amount of tax is nine	60462
cents for each one dollar plus one cent. If the price exceeds one	60463
dollar or a multiple thereof by more than eleven cents but by not	60464
more than twenty-two cents, the amount of tax is nine cents for	60465
each one dollar plus two cents. If the price exceeds one dollar or	60466
a multiple thereof by more than twenty-two cents, the amount of	60467
tax is nine cents for each one dollar plus the amount of tax for	60468
prices twenty-three cents through ninety-nine cents in accordance	60469
with the schedule above.	60470

(C) On and after July 1, 2005, and on and before December 31,	60471
2005, the combined taxes levied by sections 5739.02 and 5741.02	60472
and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021,	60473
5741.022, and 5741.023 of the Revised Code shall be collected in	60474
accordance with the following schedules:	60475

(1) When the total rate of local tax is one-fourth per cent:

60476

	~~If the price~~		~~But not~~		~~The amount~~			60477
	~~is at least~~		~~more than~~		~~of the tax is~~			60478

~~$ .01~~	~~$ .15~~	~~No tax~~	60479
~~.16~~	~~.19~~	1¢	60480
~~.20~~	~~.38~~	2¢	60481
~~.39~~	~~.57~~	3¢	60482
~~.58~~	~~.76~~	4¢	60483
~~.77~~	~~.95~~	5¢	60484
~~.96~~	~~1.14~~	6¢	60485
~~1.15~~	~~1.33~~	7¢	60486
~~1.34~~	~~1.52~~	8¢	60487
~~1.53~~	~~1.71~~	9¢	60488
~~1.72~~	~~1.90~~	~~10¢~~	60489
~~1.91~~	~~2.09~~	~~11¢~~	60490
~~2.10~~	~~2.28~~	~~12¢~~	60491
~~2.29~~	~~2.47~~	~~13¢~~	60492
~~2.48~~	~~2.66~~	~~14¢~~	60493
~~2.67~~	~~2.85~~	~~15¢~~	60494
~~2.86~~	~~3.04~~	~~16¢~~	60495
~~3.05~~	~~3.23~~	~~17¢~~	60496
~~3.24~~	~~3.42~~	~~18¢~~	60497
~~3.43~~	~~3.61~~	~~19¢~~	60498
~~3.62~~	~~3.80~~	~~20¢~~	60499
~~3.81~~	~~4.00~~	~~21¢~~	60500

~~If the price exceeds four dollars, the tax is twenty-one~~	60501
~~cents on each four dollars. If the price exceeds four dollars or a~~	60502
~~multiple thereof by not more than nineteen cents, the amount of~~	60503
~~tax is twenty-one cents for each four dollars plus one cent. If~~	60504
~~the price exceeds four dollars or a multiple thereof by more than~~	60505
~~nineteen cents, the amount of tax is twenty-one cents for each~~	60506
~~four dollars plus the amount of tax for prices twenty cents~~	60507
~~through three dollars and ninety-nine cents in accordance with the~~	60508
~~schedule above.~~	60509

~~(2) When the combined rate of local tax is one-half per cent:~~

60510

	~~If the price~~		~~But not~~		~~The amount~~			60511
	~~is at least~~		~~more than~~		~~of the tax is~~			60512

~~$ .01~~	~~$ .15~~	~~No tax~~	60513
~~.16~~	~~.18~~	1¢	60514
~~.19~~	~~.36~~	2¢	60515
~~.37~~	~~.54~~	3¢	60516
~~.55~~	~~.72~~	4¢	60517
~~.73~~	~~.90~~	5¢	60518
~~.91~~	~~1.09~~	6¢	60519
~~1.10~~	~~1.27~~	7¢	60520
~~1.28~~	~~1.46~~	8¢	60521
~~1.47~~	~~1.64~~	9¢	60522
~~1.65~~	~~1.82~~	~~10¢~~	60523
~~1.83~~	~~2.00~~	~~11¢~~	60524

~~If the price exceeds two dollars, the tax is eleven cents on~~	60525
~~each two dollars. If the price exceeds two dollars or a multiple~~	60526
~~thereof by not more than eighteen cents, the amount of tax is~~	60527
~~eleven cents for each two dollars plus one cent. If the price~~	60528
~~exceeds two dollars or a multiple thereof by more than eighteen~~	60529
~~cents, the amount of tax is eleven cents for each two dollars plus~~	60530
~~the amount of tax for prices nineteen cents through one dollar and~~	60531
~~ninety-nine cents in accordance with the schedule above.~~	60532

~~(3) When the combined rate of local tax is three-fourths per~~	60533
~~cent:~~	60534

	If the price		But not		The amount			60535
	is at least		more than		of the tax is			60536

$ .01	$ .15	No tax	60537
.16	.17	1¢	60538
.18	.34	2¢	60539
.35	.52	3¢	60540
.53	.69	4¢	60541
.70	.86	5¢	60542
.87	1.04	6¢	60543
1.05	1.21	7¢	60544
1.22	1.39	8¢	60545
1.40	1.56	9¢	60546
1.57	1.73	10¢	60547
1.74	1.91	11¢	60548
1.92	2.08	12¢	60549
2.09	2.26	13¢	60550
2.27	2.43	14¢	60551
2.44	2.60	15¢	60552
2.61	2.78	16¢	60553
2.79	2.95	17¢	60554
2.96	3.13	18¢	60555
3.14	3.30	19¢	60556
3.31	3.47	20¢	60557
3.48	3.65	21¢	60558
3.66	3.82	22¢	60559
3.83	4.00	23¢	60560

If the price exceeds four dollars, the tax is twenty-three	60561
cents on each four dollars. If the price exceeds four dollars or a	60562
multiple thereof by not more than seventeen cents, the amount of	60563
tax is twenty-three cents for each four dollars plus one cent. If	60564
the price exceeds four dollars or a multiple thereof by more than	60565
seventeen cents, the amount of tax is twenty-three cents for each	60566
four dollars plus the amount of tax for prices eighteen cents	60567
through three dollars and ninety-nine cents in accordance with the	60568
schedule above.	60569

~~(4)~~(2) When the combined rate of local tax is ~~one~~one-half	60570
per cent:	60571

	If the price		But not		The amount			60572
	is at least		more than		of the tax is			60573

$ .01	$ .15	No tax	60574
.16	.17	1¢	60575
.18	.34	2¢	60576
.35	.50	3¢	60577
.51	.67	4¢	60578
.68	.83	5¢	60579
.84	1.00	6¢	60580

If the price exceeds one dollar, the tax is six cents on each	60581
one dollar. If the price exceeds one dollar or a multiple thereof	60582
by not more than seventeen cents, the amount of tax is six cents	60583
for each one dollar plus one cent. If the price exceeds one dollar	60584
or a multiple thereof by more than seventeen cents, the amount of	60585
tax is six cents for each one dollar plus the amount of tax for	60586
prices eighteen cents through ninety-nine cents in accordance with	60587
the schedule above.	60588

~~(5)~~(3) When the combined rate of local tax is ~~one and~~	60589
~~one-fourth~~three-fourths per cent:	60590

	If the price		But not		The amount			60591
	is at least		more than		of the tax is			60592

$ .01	$ .15	No tax	60593
.16	.16	1¢	60594
.17	.32	2¢	60595
.33	.48	3¢	60596
.49	.64	4¢	60597
.65	.80	5¢	60598
.81	.96	6¢	60599
.97	1.12	7¢	60600
1.13	1.28	8¢	60601
1.29	1.44	9¢	60602
1.45	1.60	10¢	60603
1.61	1.76	11¢	60604
1.77	1.92	12¢	60605
1.93	2.08	13¢	60606
2.09	2.24	14¢	60607
2.25	2.40	15¢	60608
2.41	2.56	16¢	60609
2.57	2.72	17¢	60610
2.73	2.88	18¢	60611
2.89	3.04	19¢	60612
3.05	3.20	20¢	60613
3.21	3.36	21¢	60614
3.37	3.52	22¢	60615
3.53	3.68	23¢	60616
3.69	3.84	24¢	60617
3.85	4.00	25¢	60618

If the price exceeds four dollars, the tax is twenty-five	60619
cents on each four dollars. If the price exceeds four dollars or a	60620
multiple thereof by not more than sixteen cents, the amount of tax	60621
is twenty-five cents for each four dollars plus one cent. If the	60622
price exceeds four dollars or a multiple thereof by more than	60623
sixteen cents, the amount of tax is twenty-five cents for each	60624
four dollars plus the amount of tax for prices seventeen cents	60625
through three dollars and ninety-nine cents in accordance with the	60626
schedule above.	60627

~~(6)~~(4) When the combined rate of local tax is one ~~and~~	60628
~~one-half~~ per cent:	60629

	If the price		But not		The amount			60630
	is at least		more than		of the tax is			60631

$ .01	$ .15	No tax	60632
.16	.30	2¢	60633
.31	.46	3¢	60634
.47	.61	4¢	60635
.62	.76	5¢	60636
.77	.92	6¢	60637
.93	1.07	7¢	60638
1.08	1.23	8¢	60639
1.24	1.38	9¢	60640
1.39	1.53	10¢	60641
1.54	1.69	11¢	60642
1.70	1.84	12¢	60643
1.85	2.00	13¢	60644

If the price exceeds two dollars, the tax is thirteen cents	60645
on each two dollars. If the price exceeds two dollars or a	60646
multiple thereof by not more than fifteen cents, the amount of tax	60647
is thirteen cents for each two dollars plus one cent. If the price	60648
exceeds two dollars or a multiple thereof by more than fifteen	60649
cents, the amount of tax is thirteen cents for each two dollars	60650
plus the amount of tax for prices sixteen cents through one dollar	60651
and ninety-nine cents in accordance with the schedule above.	60652

~~(7)~~(5) When the combined rate of local tax is one and	60653
~~three-fourths~~one-fourth per cent:	60654

	If the price		But not		The amount			60655
	is at least		more than		of the tax is			60656

$ .01	$ .15	No tax	60657
.16	.29	2¢	60658
.30	.44	3¢	60659
.45	.59	4¢	60660
.60	.74	5¢	60661
.75	.88	6¢	60662
.89	1.03	7¢	60663
1.04	1.18	8¢	60664
1.19	1.33	9¢	60665
1.34	1.48	10¢	60666
1.49	1.62	11¢	60667
1.63	1.77	12¢	60668
1.78	1.92	13¢	60669
1.93	2.07	14¢	60670
2.08	2.22	15¢	60671
2.23	2.37	16¢	60672
2.38	2.51	17¢	60673
2.52	2.66	18¢	60674
2.67	2.81	19¢	60675
2.82	2.96	20¢	60676
2.97	3.11	21¢	60677
3.12	3.25	22¢	60678
3.26	3.40	23¢	60679
3.41	3.55	24¢	60680
3.56	3.70	25¢	60681
3.71	3.85	26¢	60682
3.86	4.00	27¢	60683

If the price exceeds four dollars, the tax is twenty-seven	60684
cents on each four dollars. If the price exceeds four dollars or a	60685
multiple thereof by not more than fourteen cents, the amount of	60686
tax is twenty-seven cents for each four dollars plus one cent. If	60687
the price exceeds four dollars or a multiple thereof by more than	60688
fourteen but by not more than twenty-nine cents, the amount of tax	60689
is twenty-seven cents for each four dollars plus two cents. If the	60690
price exceeds four dollars or a multiple thereof by more than	60691
twenty-nine cents the amount of tax is twenty-seven cents for each	60692
four dollars plus the amount of tax for prices thirty cents	60693
through three dollars and ninety-nine cents in accordance with the	60694
schedule above.	60695

~~(8)~~(6) When the combined rate of local tax is ~~two~~one and	60696
one-half per cent:	60697

	If the price		But not		The amount			60698
	is at least		more than		of the tax is			60699

$ .01	$ .15	No tax	60700
.16	.28	2¢	60701
.29	.42	3¢	60702
.43	.57	4¢	60703
.58	.71	5¢	60704
.72	.85	6¢	60705
.86	1.00	7¢	60706

If the price exceeds one dollar, the tax is seven cents on	60707
each one dollar. If the price exceeds one dollar or a multiple	60708
thereof by not more than fifteen cents, the amount of tax is seven	60709
cents for each one dollar plus one cent. If the price exceeds one	60710
dollar or a multiple thereof by more than fifteen cents, the	60711
amount of tax is seven cents for each one dollar plus the amount	60712
of tax for prices sixteen cents through ninety-nine cents in	60713
accordance with the schedule above.	60714

~~(9)~~(7) When the combined rate of local tax is ~~two~~one and	60715
~~one-fourth~~three-fourths per cent:	60716

	If the price		But not		The amount			60717
	is at least		more than		of the tax is			60718

$ .01	$ .15	No tax	60719
.16	.27	2¢	60720
.28	.41	3¢	60721
.42	.55	4¢	60722
.56	.68	5¢	60723
.69	.82	6¢	60724
.83	.96	7¢	60725
.97	1.10	8¢	60726
1.11	1.24	9¢	60727
1.25	1.37	10¢	60728
1.38	1.51	11¢	60729
1.52	1.65	12¢	60730
1.66	1.79	13¢	60731
1.80	1.93	14¢	60732
1.94	2.06	15¢	60733
2.07	2.20	16¢	60734
2.21	2.34	17¢	60735
2.35	2.48	18¢	60736
2.49	2.62	19¢	60737
2.63	2.75	20¢	60738
2.76	2.89	21¢	60739
2.90	3.03	22¢	60740
3.04	3.17	23¢	60741
3.18	3.31	24¢	60742
3.32	3.44	25¢	60743
3.45	3.58	26¢	60744
3.59	3.72	27¢	60745
3.73	3.86	28¢	60746
3.87	4.00	29¢	60747

If the price exceeds four dollars, the tax is twenty-nine	60748
cents on each four dollars. If the price exceeds four dollars or a	60749
multiple thereof by not more than thirteen cents, the amount of	60750
tax is twenty-nine cents for each four dollars plus one cent. If	60751
the price exceeds four dollars or a multiple thereof by more than	60752
thirteen cents but by not more than twenty-seven cents, the amount	60753
of tax is twenty-nine cents for each four dollars plus two cents.	60754
If the price exceeds four dollars or a multiple thereof by more	60755
than twenty-seven cents, the amount of tax is twenty-nine cents	60756
for each four dollars plus the amount of tax for prices	60757
twenty-eight cents through three dollars and ninety-nine cents in	60758
accordance with the schedule above.	60759

~~(10)~~(8) When the combined rate of local tax is two ~~and~~	60760
~~one-half~~ per cent:	60761

	If the price		But not		The amount			60762
	is at least		more than		of the tax is			60763

$ .01	$ .15	No tax	60764
.16	.26	2¢	60765
.27	.40	3¢	60766
.41	.53	4¢	60767
.54	.65	5¢	60768
.66	.80	6¢	60769
.81	.93	7¢	60770
.94	1.06	8¢	60771
1.07	1.20	9¢	60772
1.21	1.33	10¢	60773
1.34	1.46	11¢	60774
1.47	1.60	12¢	60775
1.61	1.73	13¢	60776
1.74	1.86	14¢	60777
1.87	2.00	15¢	60778

If the price exceeds two dollars, the tax is fifteen cents on	60779
each two dollars. If the price exceeds two dollars or a multiple	60780
thereof by not more than fifteen cents, the amount of tax is	60781
fifteen cents for each two dollars plus one cent. If the price	60782
exceeds two dollars or a multiple thereof by more than fifteen	60783
cents, the amount of tax is fifteen cents for each two dollars	60784
plus the amount of tax for prices sixteen cents through one dollar	60785
and ninety-nine cents in accordance with the schedule above.	60786

~~(11)~~(9) When the combined rate of local tax is two and	60787
~~three-fourths~~one-fourth per cent:	60788

	If the price		But not		The amount			60789
	is at least		more than		of the tax is			60790

$ .01	$ .15	No tax	60791
.16	.25	2¢	60792
.26	.38	3¢	60793
.39	.51	4¢	60794
.52	.64	5¢	60795
.65	.77	6¢	60796
.78	.90	7¢	60797
.91	1.03	8¢	60798
1.04	1.16	9¢	60799
1.17	1.29	10¢	60800
1.30	1.41	11¢	60801
1.42	1.54	12¢	60802
1.55	1.67	13¢	60803
1.68	1.80	14¢	60804
1.81	1.93	15¢	60805
1.94	2.06	16¢	60806
2.07	2.19	17¢	60807
2.20	2.32	18¢	60808
2.33	2.45	19¢	60809
2.46	2.58	20¢	60810
2.59	2.70	21¢	60811
2.71	2.83	22¢	60812
2.84	2.96	23¢	60813
2.97	3.09	24¢	60814
3.10	3.22	25¢	60815
3.23	3.35	26¢	60816
3.36	3.48	27¢	60817
3.49	3.61	28¢	60818
3.62	3.74	29¢	60819
3.75	3.87	30¢	60820
3.88	4.00	31¢	60821

If the price exceeds four dollars, the tax is thirty-one	60822
cents on each four dollars. If the price exceeds four dollars or a	60823
multiple thereof by not more than twelve cents, the amount of tax	60824
is thirty-one cents for each four dollars plus one cent. If the	60825
price exceeds four dollars or a multiple thereof by more than	60826
twelve cents but not more than twenty-five cents, the amount of	60827
tax is thirty-one cents for each four dollars plus two cents. If	60828
the price exceeds four dollars or a multiple thereof by more than	60829
twenty-five cents, the amount of tax is thirty-one cents for each	60830
four dollars plus the amount of tax for prices twenty-six cents	60831
through three dollars and ninety-nine cents in accordance with the	60832
schedule above.	60833

~~(12)~~(10) When the combined rate of local tax is ~~three~~two and	60834
one-half per cent:	60835

	If the price		But not		The amount			60836
	is at least		more than		of the tax is			60837

$ .01	$ .15	No tax	60838
.16	.25	2¢	60839
.26	.37	3¢	60840
.38	.50	4¢	60841
.51	.62	5¢	60842
.63	.75	6¢	60843
.76	.87	7¢	60844
.88	1.00	8¢	60845

If the price exceeds one dollar, the tax is eight cents on	60846
each one dollar. If the price exceeds one dollar or a multiple	60847
thereof by not more than twelve cents, the amount of tax is eight	60848
cents for each one dollar plus one cent. If the price exceeds one	60849
dollar or a multiple thereof by more than twelve cents but not	60850
more than twenty-five cents, the amount of tax is eight cents for	60851
each one dollar plus two cents. If the price exceeds one dollar or	60852
a multiple thereof by more than twenty-five cents, the amount of	60853
tax is eight cents for each one dollar plus the amount of tax for	60854
prices twenty-six cents through ninety-nine cents in accordance	60855
with the schedule above.	60856

(11) When the combined rate of local tax is two and	60857
three-fourths per cent:	60858

	If the price		But not		The amount			60859
	is at least		more than		of the tax is			60860

$ .01	$ .15	No tax	60861
.16	.24	2¢	60862
.25	.36	3¢	60863
.37	.48	4¢	60864
.49	.60	5¢	60865
.61	.72	6¢	60866
.73	.84	7¢	60867
.85	.96	8¢	60868
.97	1.09	9¢	60869
1.10	1.21	10¢	60870
1.22	1.33	11¢	60871
1.34	1.45	12¢	60872
1.46	1.57	13¢	60873
1.58	1.69	14¢	60874
1.70	1.81	15¢	60875
1.82	1.93	16¢	60876
1.94	2.06	17¢	60877
2.07	2.18	18¢	60878
2.19	2.30	19¢	60879
2.31	2.42	20¢	60880
2.43	2.54	21¢	60881
2.55	2.66	22¢	60882
2.67	2.78	23¢	60883
2.79	2.90	24¢	60884
2.91	3.03	25¢	60885
3.04	3.15	26¢	60886
3.16	3.27	27¢	60887
3.28	3.39	28¢	60888
3.40	3.51	29¢	60889
3.52	3.63	30¢	60890
3.64	3.75	31¢	60891
3.76	3.87	32¢	60892
3.88	4.00	33¢	60893

If the price exceeds four dollars, the tax is thirty-three	60894
cents on each four dollars. If the price exceeds four dollars or a	60895
multiple thereof by not more than eleven cents, the amount of tax	60896
is thirty-three cents for each four dollars plus one cent. If the	60897
price exceeds four dollars or a multiple thereof by more than	60898
eleven cents but not more than twenty-four cents, the amount of	60899
tax is thirty-three cents for each four dollars plus two cents. If	60900
the price exceeds four dollars or a multiple thereof by more than	60901
twenty-four cents, the amount of tax is thirty-three cents for	60902
each four dollars plus the amount of tax for prices twenty-six	60903
cents through three dollars and ninety-nine cents in accordance	60904
with the schedule above.	60905

(12) When the combined rate of local tax is three per cent:

60906

	If the price		But not		The amount			60907
	is at least		more than		of the tax is			60908

$ .01	$ .15	No tax	60909
.16	.23	2¢	60910
.24	.35	3¢	60911
.36	.47	4¢	60912
.48	.58	5¢	60913
.59	.70	6¢	60914
.71	.82	7¢	60915
.83	.94	8¢	60916
.95	1.05	9¢	60917
1.06	1.17	10¢	60918
1.18	1.29	11¢	60919
1.30	1.41	12¢	60920
1.42	1.52	13¢	60921
1.53	1.64	14¢	60922
1.65	1.76	15¢	60923
1.77	1.88	16¢	60924
1.89	2.00	17¢	60925

If the price exceeds two dollars, the tax is seventeen cents	60926
on each two dollars. If the price exceeds two dollars or a	60927
multiple thereof by not more than eleven cents, the amount of tax	60928
is seventeen cents for each two dollars plus one cent. If the	60929
price exceeds two dollars or a multiple thereof by more than	60930
eleven cents but not more than twenty-three cents, the amount of	60931
tax is seventeen cents for each two dollars plus two cents. If the	60932
price exceeds two dollars or a multiple thereof by more than	60933
twenty-three cents, the amount of tax is seventeen cents for each	60934
two dollars plus the amount of tax for prices twenty-four cents	60935
through one dollar and ninety-nine cents in accordance with the	60936
schedule above.	60937

(D) In lieu of collecting the tax pursuant to the schedules	60938
set forth in divisions (A), (B), and (C) of this section, a vendor	60939
may compute the tax on each sale as follows:	60940

(1) On sales of fifteen cents or less, no tax shall apply.

60941

(2) On sales in excess of fifteen cents, multiply the price	60942
by the aggregate rate of taxes in effect under sections 5739.02	60943
and 5741.02 and sections 5739.021, 5739.023, 5739.026, 5741.021,	60944
5741.022, and 5741.023 of the Revised Code. The computation shall	60945
be carried out to six decimal places. If the result is a	60946
fractional amount of a cent, the calculated tax shall be increased	60947
to the next highest cent and that amount shall be collected by the	60948
vendor.	60949

(E) On and after January 1, 2006, a vendor shall compute the	60950
tax on each sale by multiplying the price by the aggregate rate of	60951
taxes in effect under sections 5739.02 and 5741.02, and sections	60952
5739.021, 5739.023, 5739.026, 5741.021, 5741.022, and 5741.023 of	60953
the Revised Code. The computation shall be carried out to three	60954
decimal places. If the result is a fractional amount of a cent,	60955
the calculated tax shall be rounded to a whole cent using a method	60956
that rounds up to the next cent whenever the third decimal place	60957
is greater than four. A vendor may elect to compute the tax due on	60958
a transaction on an item or an invoice basis.	60959

(F) In auditing a vendor, the tax commissioner shall consider	60960
the method prescribed by this section that was used by the vendor	60961
in determining and collecting the tax due under this chapter on	60962
taxable transactions. If the vendor correctly collects and remits	60963
the tax due under this chapter in accordance with the schedules in	60964
divisions (A), (B), and (C) of this section or in accordance with	60965
the computation prescribed in division (D) or (E) of this section,	60966
the commissioner shall not assess any additional tax on those	60967
transactions.	60968

(G)(1) With respect to a sale of a fractional ownership	60969
program aircraft used primarily in a fractional aircraft ownership	60970
program, including all accessories attached to such aircraft, the	60971
tax shall be calculated pursuant to divisions (A) to (E) of this	60972
section, provided that the tax commissioner shall modify those	60973
calculations so that the maximum tax on each program aircraft is	60974
eight hundred dollars. In the case of a sale of a fractional	60975
interest that is less than one hundred per cent of the program	60976
aircraft, the tax charged on the transaction shall be eight	60977
hundred dollars multiplied by a fraction, the numerator of which	60978
is the percentage of ownership or possession in the aircraft being	60979
purchased in the transaction, and the denominator of which is one	60980
hundred per cent.	60981

(2) Notwithstanding any other provision of law to the	60982
contrary, the tax calculated under division (G)(1) of this section	60983
and paid with respect to the sale of a fractional ownership	60984
program aircraft used primarily in a fractional aircraft ownership	60985
program shall be credited to the general revenue fund.	60986

Sec. 5739.10. (A) In addition to the tax levied by section	60987
5739.02 of the Revised Code and any tax levied pursuant to section	60988
5739.021, 5739.023, or 5739.026 of the Revised Code, and to secure	60989
the same objectives specified in those sections, there is hereby	60990
levied upon the privilege of engaging in the business of making	60991
retail sales, an excise tax ~~of six per cent on and after July 1,~~	60992
~~2003, and on and before June 30, 2005, and an excise tax of five~~	60993
~~per cent on and after July 1, 2005~~equal to the tax levied by	60994
section 5739.02 of the Revised Code, or, in the case of retail	60995
sales subject to a tax levied pursuant to section 5739.021,	60996
5739.023, or 5739.026 of the Revised Code, a percentage equal to	60997
the aggregate rate of such taxes and the tax levied by section	60998
5739.02 of the Revised Code of the receipts derived from all	60999
retail sales, except those to which the excise tax imposed by	61000
section 5739.02 of the Revised Code is made inapplicable by	61001
division (B) of that section.	61002

(B) For the purpose of this section, no vendor shall be	61003
required to maintain records of sales of food for human	61004
consumption off the premises where sold, and no assessment shall	61005
be made against any vendor for sales of food for human consumption	61006
off the premises where sold, solely because the vendor has no	61007
records of, or has inadequate records of, such sales; provided	61008
that where a vendor does not have adequate records of receipts	61009
from the vendor's sales of food for human consumption on the	61010
premises where sold, the tax commissioner may refuse to accept the	61011
vendor's return and, upon the basis of test checks of the vendor's	61012
business for a representative period, and other information	61013
relating to the sales made by such vendor, determine the	61014
proportion that taxable retail sales bear to all of the vendor's	61015
retail sales. The tax imposed by this section shall be determined	61016
by deducting from the sum representing five and one-half or six	61017
per cent, as applicable under division (A) of this section, or, in	61018
the case of retail sales subject to a tax levied pursuant to	61019
section 5739.021, 5739.023, or 5739.026 of the Revised Code, a	61020
percentage equal to the aggregate rate of such taxes and the tax	61021
levied by section 5739.02 of the Revised Code of the receipts from	61022
such retail sales, the amount of tax paid to the state or to a	61023
clerk of a court of common pleas. The section does not affect any	61024
duty of the vendor under sections 5739.01 to 5739.19 and 5739.26	61025
to 5739.31 of the Revised Code, nor the liability of any consumer	61026
to pay any tax imposed by or pursuant to section 5739.02,	61027
5739.021, 5739.023, or 5739.026 of the Revised Code.	61028

Sec. 5741.02. (A)(1) For the use of the general revenue fund	61029
of the state, an excise tax is hereby levied on the storage, use,	61030
or other consumption in this state of tangible personal property	61031
or the benefit realized in this state of any service provided. The	61032
tax shall be collected as provided in section 5739.025 of the	61033
Revised Code, provided that on and after July 1, 2003, and on or	61034
before June 30, 2005, the rate of the tax shall be six per cent.	61035
On and after July 1, 2005, the rate of the tax shall be five and	61036
one-half per cent.	61037

(2) In the case of the lease or rental, with a fixed term of	61038
more than thirty days or an indefinite term with a minimum period	61039
of more than thirty days, of any motor vehicles designed by the	61040
manufacturer to carry a load of not more than one ton, watercraft,	61041
outboard motor, or aircraft, or of any tangible personal property,	61042
other than motor vehicles designed by the manufacturer to carry a	61043
load of more than one ton, to be used by the lessee or renter	61044
primarily for business purposes, the tax shall be collected by the	61045
seller at the time the lease or rental is consummated and shall be	61046
calculated by the seller on the basis of the total amount to be	61047
paid by the lessee or renter under the lease or rental agreement.	61048
If the total amount of the consideration for the lease or rental	61049
includes amounts that are not calculated at the time the lease or	61050
rental is executed, the tax shall be calculated and collected by	61051
the seller at the time such amounts are billed to the lessee or	61052
renter. In the case of an open-end lease or rental, the tax shall	61053
be calculated by the seller on the basis of the total amount to be	61054
paid during the initial fixed term of the lease or rental, and for	61055
each subsequent renewal period as it comes due. As used in this	61056
division, "motor vehicle" has the same meaning as in section	61057
4501.01 of the Revised Code, and "watercraft" includes an outdrive	61058
unit attached to the watercraft.	61059

(3) Except as provided in division (A)(2) of this section, in	61060
the case of a transaction, the price of which consists in whole or	61061
part of the lease or rental of tangible personal property, the tax	61062
shall be measured by the installments of those leases or rentals.	61063

(B) Each consumer, storing, using, or otherwise consuming in	61064
this state tangible personal property or realizing in this state	61065
the benefit of any service provided, shall be liable for the tax,	61066
and such liability shall not be extinguished until the tax has	61067
been paid to this state; provided, that the consumer shall be	61068
relieved from further liability for the tax if the tax has been	61069
paid to a seller in accordance with section 5741.04 of the Revised	61070
Code or prepaid by the seller in accordance with section 5741.06	61071
of the Revised Code.	61072

(C) The tax does not apply to the storage, use, or	61073
consumption in this state of the following described tangible	61074
personal property or services, nor to the storage, use, or	61075
consumption or benefit in this state of tangible personal property	61076
or services purchased under the following described circumstances:	61077

(1) When the sale of property or service in this state is	61078
subject to the excise tax imposed by sections 5739.01 to 5739.31	61079
of the Revised Code, provided said tax has been paid;	61080

(2) Except as provided in division (D) of this section,	61081
tangible personal property or services, the acquisition of which,	61082
if made in Ohio, would be a sale not subject to the tax imposed by	61083
sections 5739.01 to 5739.31 of the Revised Code;	61084

(3) Property or services, the storage, use, or other	61085
consumption of or benefit from which this state is prohibited from	61086
taxing by the Constitution of the United States, laws of the	61087
United States, or the Constitution of this state. This exemption	61088
shall not exempt from the application of the tax imposed by this	61089
section the storage, use, or consumption of tangible personal	61090
property that was purchased in interstate commerce, but that has	61091
come to rest in this state, provided that fuel to be used or	61092
transported in carrying on interstate commerce that is stopped	61093
within this state pending transfer from one conveyance to another	61094
is exempt from the excise tax imposed by this section and section	61095
5739.02 of the Revised Code;	61096

(4) Transient use of tangible personal property in this state	61097
by a nonresident tourist or vacationer, or a non-business use	61098
within this state by a nonresident of this state, if the property	61099
so used was purchased outside this state for use outside this	61100
state and is not required to be registered or licensed under the	61101
laws of this state;	61102

(5) Tangible personal property or services rendered, upon	61103
which taxes have been paid to another jurisdiction to the extent	61104
of the amount of the tax paid to such other jurisdiction. Where	61105
the amount of the tax imposed by this section and imposed pursuant	61106
to section 5741.021, 5741.022, or 5741.023 of the Revised Code	61107
exceeds the amount paid to another jurisdiction, the difference	61108
shall be allocated between the tax imposed by this section and any	61109
tax imposed by a county or a transit authority pursuant to section	61110
5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion	61111
to the respective rates of such taxes.	61112

As used in this subdivision, "taxes paid to another	61113
jurisdiction" means the total amount of retail sales or use tax or	61114
similar tax based upon the sale, purchase, or use of tangible	61115
personal property or services rendered legally, levied by and paid	61116
to another state or political subdivision thereof, or to the	61117
District of Columbia, where the payment of such tax does not	61118
entitle the taxpayer to any refund or credit for such payment.	61119

(6) The transfer of a used manufactured home or used mobile	61120
home, as defined by section 5739.0210 of the Revised Code, made on	61121
or after January 1, 2000;	61122

(7) Drugs that are or are intended to be distributed free of	61123
charge to a practitioner licensed to prescribe, dispense, and	61124
administer drugs to a human being in the course of a professional	61125
practice and that by law may be dispensed only by or upon the	61126
order of such a practitioner.	61127

(8) Computer equipment and related software leased from a	61128
lessor located outside this state and initially received in this	61129
state on behalf of the consumer by a third party that will retain	61130
possession of such property for not more than ninety days and that	61131
will, within that ninety-day period, deliver such property to the	61132
consumer at a location outside this state. Division (C)(8) of this	61133
section does not provide exemption from taxation for any otherwise	61134
taxable charges associated with such property while it is in this	61135
state or for any subsequent storage, use, or consumption of such	61136
property in this state by or on behalf of the consumer.	61137

(9) Cigarettes that have a wholesale value of three hundred	61138
dollars or less used, stored, or consumed, but not for resale, in	61139
any month.	61140

(D) The tax applies to the storage, use, or other consumption	61141
in this state of tangible personal property or services, the	61142
acquisition of which at the time of sale was excepted under	61143
division (E) of section 5739.01 of the Revised Code from the tax	61144
imposed by section 5739.02 of the Revised Code, but which has	61145
subsequently been temporarily or permanently stored, used, or	61146
otherwise consumed in a taxable manner.	61147

(E)(1) If any transaction is claimed to be exempt under	61148
division (E) of section 5739.01 of the Revised Code or under	61149
section 5739.02 of the Revised Code, with the exception of	61150
divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised	61151
Code, the consumer shall provide to the seller, and the seller	61152
shall obtain from the consumer, a certificate specifying the	61153
reason that the transaction is not subject to the tax. The	61154
certificate shall be provided either in a hard copy form or	61155
electronic form, as prescribed by the tax commissioner. If the	61156
transaction is claimed to be exempt under division (B)(13) of	61157
section 5739.02 of the Revised Code, the exemption certificate	61158
shall be provided by both the contractor and contractee. Such	61159
contractee shall be deemed to be the consumer of all items	61160
purchased under the claim of exemption, if it is subsequently	61161
determined that the exemption is not properly claimed. The	61162
certificate shall be in such form as the tax commissioner by rule	61163
prescribes. The seller shall maintain records, including exemption	61164
certificates, of all sales on which a consumer has claimed an	61165
exemption, and provide them to the tax commissioner on request.	61166

(2) If no certificate is provided or obtained within the	61167
period for filing the return for the period in which the	61168
transaction is consummated, it shall be presumed that the tax	61169
applies. The failure to have so provided or obtained a certificate	61170
shall not preclude a seller or consumer from establishing, within	61171
one hundred twenty days of the giving of notice by the	61172
commissioner of intention to levy an assessment, that the	61173
transaction is not subject to the tax.	61174

(F) A seller who files a petition for reassessment contesting	61175
the assessment of tax on transactions for which the seller	61176
obtained no valid exemption certificates, and for which the seller	61177
failed to establish that the transactions were not subject to the	61178
tax during the one-hundred-twenty-day period allowed under	61179
division (E) of this section, may present to the tax commissioner	61180
additional evidence to prove that the transactions were exempt.	61181
The seller shall file such evidence within ninety days of the	61182
receipt by the seller of the notice of assessment, except that,	61183
upon application and for reasonable cause, the tax commissioner	61184
may extend the period for submitting such evidence thirty days.	61185

(G) For the purpose of the proper administration of sections	61186
5741.01 to 5741.22 of the Revised Code, and to prevent the evasion	61187
of the tax hereby levied, it shall be presumed that any use,	61188
storage, or other consumption of tangible personal property in	61189
this state is subject to the tax until the contrary is	61190
established.	61191

(H) The tax collected by the seller from the consumer under	61192
this chapter is not part of the price, but is a tax collection for	61193
the benefit of the state, and of counties levying an additional	61194
use tax pursuant to section 5741.021 or 5741.023 of the Revised	61195
Code and of transit authorities levying an additional use tax	61196
pursuant to section 5741.022 of the Revised Code. Except for the	61197
discount authorized under section 5741.12 of the Revised Code and	61198
the effects of any rounding pursuant to section 5703.055 of the	61199
Revised Code, no person other than the state or such a county or	61200
transit authority shall derive any benefit from the collection of	61201
such tax.	61202

Sec. 5743.01. As used in this chapter:

61203

(A) "Person" includes individuals, firms, partnerships,	61204
associations, joint-stock companies, corporations, combinations of	61205
individuals of any form, and the state and any of its political	61206
subdivisions.	61207

(B) "Wholesale dealer" includes only those persons:

61208

(1) Who bring in or cause to be brought into this state	61209
unstamped cigarettes purchased directly from the manufacturer,	61210
producer, or importer of cigarettes for sale in this state but	61211
does not include persons who bring in or cause to be brought into	61212
this state cigarettes with respect to which no evidence of tax	61213
payment is required thereon as provided in section 5743.04 of the	61214
Revised Code; or	61215

(2) Who are engaged in the business of selling cigarettes or	61216
tobacco products to others for the purpose of resale.	61217

"Wholesale dealer" does not include any cigarette	61218
manufacturer, export warehouse proprietor, or importer with a	61219
valid permit under 26 U.S.C. 5713 if that person sells cigarettes	61220
in this state only to wholesale dealers holding valid and current	61221
licenses under section 5743.15 of the Revised Code or to an export	61222
warehouse proprietor or another manufacturer.	61223

61224

(1) In reference to dealers in cigarettes, every person other	61225
than a wholesale dealer engaged in the business of selling	61226
cigarettes in this state, ~~irrespective~~regardless of whether the	61227
person is located in this state or elsewhere, and regardless of	61228
quantity, amount, or number of sales;	61229

(2) In reference to dealers in tobacco products, any person	61230
in this state engaged in the business of selling tobacco products	61231
to ultimate consumers in this state, regardless of quantity,	61232
amount, or number of sales.	61233

(D) "Sale" includes exchange, barter, gift, offer for sale,	61234
and distribution, and ~~excludes~~includes transactions in interstate	61235
or foreign commerce.	61236

(E) "Cigarettes" includes any roll for smoking made wholly or	61237
in part of tobacco, irrespective of size or shape, and whether or	61238
not such tobacco is flavored, adulterated, or mixed with any other	61239
ingredient, the wrapper or cover of which is made of paper,	61240
reconstituted cigarette tobacco, homogenized cigarette tobacco,	61241
cigarette tobacco sheet, or any similar materials other than cigar	61242
tobacco.	61243

(F) "Package" means the individual package, box, or other	61244
container in or from which retail sales of cigarettes are normally	61245
made or intended to be made.	61246

(G) "Stamp" includes an impression made by a metering device	61247
as provided for in section 5743.04 of the Revised Code.	61248

(H) "Storage" includes any keeping or retention of cigarettes	61249
or tobacco products for use or consumption in this state.	61250

(I) "Use" includes the exercise of any right or power	61251
incidental to the ownership of cigarettes or tobacco products.	61252

(J) "Tobacco product" means any product made from tobacco,	61253
other than cigarettes, that is made for smoking or chewing, or	61254
both, and snuff.	61255

(K) "Wholesale price" means the invoice price, including all	61256
federal excise taxes, at which the manufacturer of the tobacco	61257
product sells the tobacco product to unaffiliated distributors,	61258
excluding any discounts based on the method of payment of the	61259
invoice or on time of payment of the invoice. If the taxpayer buys	61260
from other than a manufacturer, "wholesale price" means the	61261
invoice price, including all federal excise taxes and excluding	61262
any discounts based on the method of payment of the invoice or on	61263
time of payment of the invoice.	61264

(L) "Distributor" means:

61265

(1) Any manufacturer who sells, barters, exchanges, or	61266
distributes tobacco products to a retail dealer in the state,	61267
except when selling to a retail dealer that has filed with the	61268
manufacturer a signed statement agreeing to pay and be liable for	61269
the tax imposed by section 5743.51 of the Revised Code;	61270

(2) Any wholesale dealer located in the state who receives	61271
tobacco products from a manufacturer, or who receives tobacco	61272
products on which the tax imposed by this chapter has not been	61273
paid;	61274

(3) Any wholesale dealer located outside the state who sells,	61275
barters, exchanges, or distributes tobacco products to a wholesale	61276
or retail dealer in the state; or	61277

(4) Any retail dealer who receives tobacco products on which	61278
the tax has not or will not be paid by another distributor,	61279
including a retail dealer that has filed a signed statement with a	61280
manufacturer in which the retail dealer agrees to pay and be	61281
liable for the tax that would otherwise be imposed on the	61282
manufacturer by section 5743.51 of the Revised Code.	61283

(M) "Taxpayer" means any person liable for the tax imposed by	61284
section 5743.51, 5743.62, or 5743.63 of the Revised Code.	61285

(N) "Seller" means any person located outside this state	61286
engaged in the business of selling tobacco products to consumers	61287
for storage, use, or other consumption in this state.	61288

(O) "Manufacturer" means any person who manufactures and	61289
sells cigarettes or tobacco products.	61290

(P) "Importer" means any person that imports finished	61291
cigarettes into the United States, either directly or indirectly.	61292

(Q) "Indian tribal entity" means a federally recognized	61293
Indian tribe, tribal entity, or any other person doing business as	61294
a distributor or retailer of cigarettes on the Indian country of	61295
such a tribe within this state.	61296

(R) "Indian country" has the same meaning as in 18 U.S.C.	61297
1151.	61298

Sec. 5743.02. To provide revenues for the general revenue	61299
fund, an excise tax on sales of cigarettes is hereby levied at the	61300
rate of ~~twenty-seven and one-half~~fifty mills on each cigarette.	61301

Only one sale of the same article shall be used in computing	61302
the amount of tax due.	61303

The treasurer of state shall place to the credit of the tax	61304
refund fund created by section 5703.052 of the Revised Code, out	61305
of receipts from the tax levied by this section, amounts equal to	61306
the refunds certified by the tax commissioner pursuant to section	61307
5743.05 of the Revised Code. The balance of taxes collected under	61308
such section, after the credits to the tax refund fund, shall be	61309
paid into the general revenue fund.	61310

Sec. 5743.021. (A)(1) Cigarettes sold to or received by	61311
members of a federally recognized Indian tribe on the tribe's	61312
Indian country are not subject to the taxes imposed under section	61313
5743.02, 5743.024, or 5743.026 of the Revised Code.	61314

(2) Cigarettes sold to the United States government or to any	61315
instrumentality thereof are not subject to the taxes imposed under	61316
section 5743.02, 5743.024, or 5743.026 of the Revised Code.	61317

(3) Cigarettes sold into foreign commerce or for use or	61318
consumption on ships regularly engaged in foreign commerce or	61319
interstate shipping are not subject to the taxes imposed under	61320
section 5743.02, 5743.024, or 5743.026 of the Revised Code.	61321

(B) The rate of tax on cigarettes sold to or received by	61322
nontribal members within Indian country shall equal the sum of the	61323
rates under section 5743.02 and, if applicable, section 5743.024	61324
or 5743.026 of the Revised Code, less than any tribal tax rate,	61325
provided that the resulting rate shall not be less than zero cents	61326
per cigarette. Cigarettes sold or distributed to nontribal members	61327
shall bear a tax stamp as required by section 5743.03 of the	61328
Revised Code, but the tax commissioner periodically shall rebate	61329
to any Indian tribal entity that complies with this chapter an	61330
amount equal to the lesser of the tribal tax imposed on such sale	61331
or receipt of cigarettes or the face value of the tax stamps	61332
affixed to such cigarettes.	61333

(C) The tax commissioner shall prescribe rules governing the	61334
percentages of cigarette packages offered for sale by an Indian	61335
tribal entity that require tax stamps and tax-exempt stamps under	61336
section 5743.03 of the Revised Code. The percentages shall be	61337
based on the anticipated percentages of sales of cigarettes within	61338
the Indian country that are to be made to persons other than	61339
tribal members.	61340

Sec. 5743.03. (A) Except as provided in section 5743.04 of	61341
the Revised Code, the taxes imposed under sections 5743.02,	61342
5743.024, and 5743.026 of the Revised Code shall be paid by the	61343
purchase of stamps. A stamp shall be affixed to each package of	61344
cigarettes subject to taxes imposed under section 5743.02 and	61345
section 5743.024 or 5743.026 of the Revised Code and not intended	61346
for sale or distribution to consumers the sale or distribution to	61347
which is exempted from such taxes under division (A) of section	61348
5743.021 of the Revised Code. The stamp shall be in an aggregate	61349
denomination not less than the amount of the tax upon the contents	61350
thereof. In the case of cigarettes subject to division (B) of	61351
section 5743.021 of the Revised Code, the stamp shall be in an	61352
aggregate denomination not less than the amount of tax imposed	61353
under those sections without regard to the reduction for any	61354
Indian tribal tax under that division. The stamp, so affixed,	61355
shall be prima-facie evidence of payment of the tax. ~~Except~~No tax	61356
stamp shall be applied to any package of cigarettes exempted from	61357
taxation under 26 U.S.C. 5701 that is distributed by a	61358
manufacturer pursuant to federal regulations.	61359

If cigarettes are intended for sale to consumers the sale to	61360
which is exempt from taxes under division (A) of section 5743.021	61361
of the Revised Code, a tax-exempt stamp shall be affixed to the	61362
package. A tax-exempt stamp, so affixed, is prima-facie evidence	61363
of the exemption from the taxes imposed under section 5743.02 and	61364
section 5743.024 or 5743.026 of the Revised Code. The tax	61365
commissioner shall provide such tax-exempt stamps without charge.	61366

Except as is provided in the rules prescribed by the tax	61367
commissioner under authority of sections 5743.01 to 5743.20 of the	61368
Revised Code, and unless ~~such~~tax stamps or tax-exempt stamps have	61369
been previously affixed, they shall be so affixed by each	61370
wholesale dealer, and canceled by writing or stamping across the	61371
face thereof the number assigned to such wholesale dealer by the	61372
tax commissioner for that purpose, prior to the delivery of any	61373
cigarettes to any person in this state, or in the case of a tax	61374
levied pursuant to section 5743.024 or 5743.026 of the Revised	61375
Code, prior to the delivery of cigarettes to any person in the	61376
county in which the tax is levied.	61377

(B) Except as provided in the rules prescribed by the	61378
commissioner under authority of sections 5743.01 to 5743.20 of the	61379
Revised Code, ~~and unless such stamps have been previously affixed,~~	61380
each retail dealer ~~shall~~, within twenty-four hours after the	61381
receipt of any cigarettes at the retail dealer's place of business	61382
~~and prior to the delivery thereof~~, shall inspect the cigarettes to	61383
ensure that tax stamps are affixed and canceled. The inspection	61384
shall be completed before the cigarettes are delivered to any	61385
person in this state, or, in the case of a tax levied pursuant to	61386
section 5743.024 or 5743.026 of the Revised Code ~~prior to the~~	61387
~~delivery thereof~~, before the cigarettes are delivered to any	61388
person in the county in which the tax is levied~~, so affix such~~	61389
~~stamps and cancel same by writing or stamping across the face~~	61390
~~thereof the number assigned to such retail dealer by the~~	61391
~~commissioner for that purpose~~.	61392

(C) Whenever any cigarettes are found in the place of	61393
business of any retail dealer without proper tax stamps affixed	61394
thereto and canceled, it is presumed that such cigarettes are kept	61395
therein in violation of sections 5743.01 to 5743.20 of the Revised	61396
Code.	61397

(D) Each wholesale dealer ~~and each retail dealer~~ who	61398
purchases cigarettes without proper tax stamps affixed thereto	61399
shall, on or before the thirty-first day of the month following	61400
the close of each semiannual period, which period shall end on the	61401
thirtieth day of June and the thirty-first day of December of each	61402
year, make and file a return of the preceding semiannual period,	61403
on such form as is prescribed by the tax commissioner, showing the	61404
dealer's entire purchases and sales of cigarettes and stamps or	61405
impressions for such semiannual period and accurate inventories as	61406
of the beginning and end of each semiannual period of cigarettes,	61407
stamped or unstamped; cigarette tax stamps affixed or unaffixed	61408
and unused meter impressions; and such other information as the	61409
commissioner finds necessary to the proper administration of	61410
sections 5743.01 to 5743.20 of the Revised Code. The commissioner	61411
may extend the time for making and filing returns and may remit	61412
all or any part of amounts of penalties that may become due under	61413
sections 5743.01 to 5743.20 of the Revised Code. The wholesale or	61414
~~retail~~ dealer shall deliver the return together with a remittance	61415
of the tax deficiency reported thereon to the treasurer of state.	61416
The treasurer of state shall stamp or otherwise mark on the return	61417
the date it was received and shall also show thereon by stamp or	61418
otherwise a payment or nonpayment of the deficiency shown by the	61419
return. Thereafter, the treasurer of state shall immediately	61420
transmit all returns filed under this section to the commissioner.	61421

(E) Any wholesale ~~or retail~~ dealer who fails to file a return	61422
under this section and the rules of the commissioner, other than a	61423
report required pursuant to division (F) of this section, may be	61424
required, for each day the dealer so fails, to forfeit and pay	61425
into the state treasury the sum of one dollar as revenue arising	61426
from the tax imposed by sections 5743.01 to 5743.20 of the Revised	61427
Code and such sum may be collected by assessment in the manner	61428
provided in section 5743.081 of the Revised Code. If the	61429
commissioner finds it necessary in order to insure the payment of	61430
the tax imposed by sections 5743.01 to 5743.20 of the Revised	61431
Code, the commissioner may require returns and payments to be made	61432
other than semiannually. The returns shall be signed by the	61433
wholesale ~~or retail~~ dealer or an authorized agent thereof.	61434

(F) Each person required to file a tax return under section	61435
5743.03, 5743.52, or 5743.62 of the Revised Code shall report to	61436
the commissioner the quantity of all cigarettes and roll-your-own	61437
cigarette tobacco sold in Ohio for each brand not covered by the	61438
tobacco master settlement agreement for which the person is liable	61439
for the taxes levied under section 5743.02, 5743.51, or 5743.62 of	61440
the Revised Code.	61441

As used in this division, "tobacco master settlement	61442
agreement" has the same meaning as in section 183.01 of the	61443
Revised Code.	61444

(G) The report required by division (F) of this section shall	61445
be made on a form prescribed by the commissioner and shall be	61446
filed not later than the last day of each month for the previous	61447
month, except that if the commissioner determines that the	61448
quantity reported by a person does not warrant monthly reporting,	61449
the commissioner may authorize reporting at less frequent	61450
intervals. The commissioner may assess a penalty of not more than	61451
two hundred fifty dollars for each month or portion thereof that a	61452
person fails to timely file a required report, and such sum may be	61453
collected by assessment in the manner provided in section 5743.081	61454
of the Revised Code. All money collected under this division shall	61455
be considered as revenue arising from the taxes imposed by	61456
sections 5743.01 to 5743.20 of the Revised Code.	61457

Sec. 5743.031. (A) A wholesale dealer may affix stamps only	61458
to packages of cigarettes that the dealer received directly from a	61459
manufacturer or importer of cigarettes that possesses a valid and	61460
current license under section 5743.15 of the Revised Code, or to	61461
packages of cigarettes that the dealer received from another	61462
wholesale dealer that possesses a valid and current license under	61463
section 5743.15 of the Revised Code, provided that the tax	61464
commissioner has authorized the sale of the cigarettes between	61465
those wholesale dealers and that the wholesale dealer that sells	61466
the cigarettes received them directly from a manufacturer or	61467
importer of cigarettes that possesses a valid and current license	61468
under section 5743.15 of the Revised Code.	61469

(B) Only a wholesale dealer that possesses a valid and	61470
current license under section 5743.15 of the Revised Code may	61471
purchase or obtain tax stamps or tax-exempt stamps. A wholesale	61472
dealer may not sell or provide such stamps to any other wholesale	61473
dealer or any other person.	61474

(C) Any person shipping unstamped packages of cigarettes into	61475
this state to a person other than a wholesale dealer licensed	61476
under section 5743.15 of the Revised Code shall, before such	61477
shipment, file notice of the shipment with the tax commissioner.	61478
Any person that transports unstamped packages of cigarettes into	61479
or within this state shall carry in the vehicle used to convey the	61480
shipment invoices or equivalent documentation of the shipment for	61481
all cigarettes in the shipment. The invoices or other	61482
documentation shall show the true name and address of the	61483
consignor or seller, the true name and address of the consignee or	61484
purchaser, and the quantity, by brand style, of the cigarettes	61485
being transported. This division does not apply to any common or	61486
contract carrier transporting cigarettes through this state to	61487
another location under a proper bill of lading or freight bill	61488
that states the quantity, source, and destination of the	61489
cigarettes.	61490

Sec. 5743.05. All stamps provided for by section 5743.03 of	61491
the Revised Code, when procured by the tax commissioner, shall be	61492
immediately delivered to the treasurer of state, who shall execute	61493
a receipt therefor showing the number and aggregate face value of	61494
each denomination received by the treasurer of state and any other	61495
information that the commissioner requires to enforce the	61496
collection and distribution of all taxes imposed under section	61497
5743.024 or 5743.026 of the Revised Code, and deliver the receipt	61498
to the commissioner. The treasurer of state shall sell the stamps	61499
and, on the fifth day of each month, make a report showing all	61500
sales made during the preceding month, with the names of	61501
purchasers, the number of each denomination, the aggregate face	61502
value purchased by each, and any other information as the	61503
commissioner requires to enforce the collection and distribution	61504
of all taxes imposed under section 5743.024 of the Revised Code,	61505
and deliver it to the commissioner. The treasurer of state shall	61506
be accountable for all stamps received and unsold. The stamps	61507
shall be sold and accounted for at their face value, except the	61508
commissioner shall, by rule certified to the treasurer of state,	61509
authorize the sale of stamps and meter impressions to wholesale or	61510
retail dealers in this state, or to wholesale dealers outside this	61511
state, at a discount of not less than one and eight-tenths per	61512
cent or more than ten per cent of their face value, as a	61513
commission for affixing and canceling the stamps or meter	61514
impressions.	61515

The commissioner, by rule certified to the treasurer of	61516
state, shall authorize the delivery of stamps and meter	61517
impressions to wholesale ~~and retail~~ dealers in this state and to	61518
wholesale dealers outside this state on credit. If such a dealer	61519
has not been in good credit standing with this state for five	61520
consecutive years preceding the purchase, the tax commissioner	61521
shall require the dealer to file with the commissioner a bond to	61522
the state in the amount and in the form prescribed by the	61523
commissioner, with surety to the satisfaction of the commissioner,	61524
conditioned on payment to the treasurer of state within thirty	61525
days for stamps or meter impressions delivered within that time.	61526
If such a dealer has been in good credit standing with this state	61527
for five consecutive years preceding the purchase, the tax	61528
commissioner shall not require that the dealer file such a bond	61529
but shall require payment for the stamps and meter impressions	61530
within thirty days after purchase of the stamps and meter	61531
impressions. Stamps and meter impressions sold to a dealer not	61532
required to file a bond shall be sold at face value. The maximum	61533
amount that may be sold on credit to a dealer not required to file	61534
a bond shall equal one hundred ten per cent of the dealer's	61535
average monthly purchases over the preceding calendar year. The	61536
maximum amount shall be adjusted to reflect any changes in the tax	61537
rate and may be adjusted, upon application to the tax commissioner	61538
by the dealer, to reflect changes in the business operations of	61539
the dealer. The maximum amount shall be applicable to the period	61540
of July through April. Payment by a dealer not required to file a	61541
bond shall be remitted by electronic funds transfer as prescribed	61542
by section 5743.051 of the Revised Code. If a dealer not required	61543
to file a bond fails to make the payment in full within the	61544
thirty-day period, the treasurer of state shall not thereafter	61545
sell stamps or meter impressions to that dealer until the dealer	61546
pays the outstanding amount, including penalty and interest on	61547
that amount as prescribed in this chapter, and the commissioner	61548
thereafter may require the dealer to file a bond until the dealer	61549
is restored to good standing. The commissioner shall limit	61550
delivery of stamps and meter impressions on credit to the period	61551
running from the first day of July of the fiscal year until the	61552
first day of the following May. Any discount allowed as a	61553
commission for affixing and canceling stamps or meter impressions	61554
shall be allowed with respect to sales of stamps and meter	61555
impressions on credit.	61556

The treasurer of state shall redeem and pay for any	61557
destroyed, unused, or spoiled tax stamps and any unused meter	61558
impressions at their net value, and shall refund to wholesale	61559
dealers the net amount of state and county taxes paid erroneously	61560
or paid on cigarettes that have been sold in interstate or foreign	61561
commerce or that have become unsalable, and the net amount of	61562
county taxes that were paid on cigarettes that have been sold at	61563
retail or for retail sale outside a taxing county.	61564

An application for a refund of tax shall be filed with the	61565
tax commissioner, on the form prescribed by the commissioner for	61566
that purpose, within three years from the date the tax stamps are	61567
destroyed or spoiled, from the date of the erroneous payment, or	61568
from the date that cigarettes on which taxes have been paid have	61569
been sold in interstate or foreign commerce or have become	61570
unsalable.	61571

On the filing of the application, the commissioner shall	61572
determine the amount of refund to which the applicant is entitled,	61573
payable from receipts of the state tax, and, if applicable,	61574
payable from receipts of a county tax. If the amount is less than	61575
that claimed, the commissioner shall certify the amount to the	61576
director of budget and management and treasurer of state for	61577
payment from the tax refund fund created by section 5703.052 of	61578
the Revised Code. If the amount is less than that claimed, the	61579
commissioner shall proceed in accordance with section 5703.70 of	61580
the Revised Code.	61581

If a refund is granted for payment of an illegal or erroneous	61582
assessment issued by the department, the refund shall include	61583
interest on the amount of the refund from the date of the	61584
overpayment. The interest shall be computed at the rate per annum	61585
prescribed by section 5703.47 of the Revised Code.	61586

Sec. 5743.071. Each manufacturer, each importer, each	61587
wholesale dealer, and each retail dealer shall maintain complete	61588
and accurate records of all purchases and sales of cigarettes, and	61589
shall procure and retain all invoices, bills of lading, and other	61590
documents relating to the purchases and sales of cigarettes,	61591
except that no retail dealer shall be required to issue or	61592
maintain invoices relating to ~~his~~the retail dealer's sales of	61593
cigarettes. The invoices or documents shall be maintained for each	61594
place of business and shall show the name and address of the other	61595
party to the purchase or sale and shall show the quantity, by	61596
brand style, of the cigarettes so sold or purchased.	61597

The records and documents shall be open during business hours	61598
to the inspection of the tax commissioner, and shall be preserved	61599
for a period of three years, unless the commissioner, in writing,	61600
consents to their destruction within that period, or by order	61601
requires that they be kept for a longer period. With the tax	61602
commissioner's consent, a person with multiple places of business	61603
may keep centralized records but shall transmit duplicates of the	61604
invoices or documents to each place of business within seventy-two	61605
hours after the tax commissioner or the tax commissioner's	61606
designee requests access to the records.	61607

Public access to reports submitted by license holders shall	61608
be provided under the procedures prescribed under division (B) of	61609
section 149.43 of the Revised Code. Information regarding	61610
quantities of cigarettes by brand style shall not be made	61611
available to any person other than the tax commissioner or the tax	61612
commissioner's designee, the United States secretary of the	61613
treasury or the secretary's designee, or law enforcement	61614
officials.	61615

Sec. 5743.072. (A) Each manufacturer and each importer	61616
shipping cigarettes into or within this state shall file a monthly	61617
report with the tax commissioner in accordance with rules adopted	61618
by the tax commissioner under Chapter 119. of the Revised Code.	61619

(B) Indian tribal entities engaged in the retail sale or	61620
distribution of cigarettes shall include in the report required	61621
under this section the name and address of each nontribal member	61622
that purchased cigarettes during the reporting period and the	61623
quantity of cigarettes, by brand style, so purchased.	61624

Sec. 5743.08. Whenever the tax commissioner discovers any	61625
cigarettes, subject to the taxes levied under section 5743.02,	61626
5743.024, or 5743.026 of the Revised Code, and upon which the	61627
taxes have not been paid or that are held for sale or distribution	61628
in violation of any other provision of this chapter, the	61629
commissioner may seize and take possession of such cigarettes,	61630
which shall thereupon be forfeited to the state, and the	61631
commissioner ~~may~~, within a reasonable time thereafter ~~sell~~, shall	61632
destroy the forfeited cigarettes. ~~From the proceeds of the sale,~~	61633
~~the tax commissioner shall pay the costs incurred in such~~	61634
~~proceedings, and any proceeds remaining after the costs are paid~~	61635
~~shall be considered as revenue arising from the tax; provided that~~	61636
~~the~~Such seizure and ~~sale shall not be deemed to~~destruction does	61637
not relieve any person from the fine or imprisonment provided for	61638
violation of sections 5743.01 to 5743.20 of the Revised Code. ~~The~~	61639
~~sale shall be made where it is most convenient and economical. The~~	61640
~~tax commissioner may order the destruction of the forfeited~~	61641
~~cigarettes if the quantity or quality of the cigarettes is not~~	61642
~~sufficient to warrant their sale.~~	61643

Sec. 5743.14. (A) The tax commissioner ~~may inspect any place~~	61644
~~where cigarettes subject to the tax levied under section 5743.02,~~	61645
~~5743.024, or 5743.026 of the Revised Code are sold or stored.~~	61646

~~(B)~~or an agent of the tax commissioner may enter and inspect	61647
the facilities and records of a manufacturer, importer, wholesale	61648
dealer, or retail dealer. Such entrance and inspection requires a	61649
properly issued search warrant if conducted outside the normal	61650
business hours of the manufacturer, importer, wholesale dealer, or	61651
retail dealer, but does not require a search warrant if conducted	61652
during the normal business hours of the manufacturer, importer,	61653
wholesale dealer, or retail dealer. No person shall prevent or	61654
hinder the tax commissioner or an agent of the tax commissioner	61655
from ~~making a full inspection of any place where cigarettes~~	61656
~~subject to the tax levied under section 5743.02, 5743.024, or~~	61657
~~5743.026 of the Revised Code are sold or stored, or prevent or~~	61658
~~hinder the full inspection of invoices, books, records, or papers~~	61659
~~required to be kept by sections 5743.01 to 5743.20 of the Revised~~	61660
~~Code~~carrying out the authority granted under this division.	61661

(B) If the tax commissioner, an agent of the tax	61662
commissioner, or a law enforcement officer as defined in section	61663
2901.01 of the Revised Code knows or has reasonable cause to	61664
believe that a motor vehicle is transporting cigarettes in	61665
violation of this chapter, the tax commissioner, agent, or law	61666
enforcement officer may stop the vehicle and inspect the vehicle	61667
to determine the presence of such cigarettes.	61668

Sec. 5743.15. (A) No person shall engage in this state in	61669
the wholesale or retail business of trafficking in cigarettes	61670
~~within this state~~or in the business of a manufacturer or importer	61671
of cigarettes without having a license to ~~do so~~conduct each such	61672
activity, except that on dissolution of a partnership by death,	61673
the surviving partner may operate under the license of the	61674
partnership until expiration of the license, and the heirs or	61675
legal representatives of deceased persons, and receivers and	61676
trustees in bankruptcy appointed by any competent authority, may	61677
operate under the license of the person succeeded in possession by	61678
such heir, representative, receiver, or trustee in bankruptcy.	61679

Each applicant for a license under this section, annually, on	61680
or before the fourth Monday of May, shall make and deliver to the	61681
county auditor of the county in which hethe applicant desires to	61682
engage in the wholesale or retail business of trafficking in	61683
cigarettes or in the business of a manufacturer or importer of	61684
cigarettes, upon a blank furnished by such auditor for that	61685
purpose, a statement showing the name of the applicant, each place	61686
in the county where the applicant's business is conducted, the	61687
nature of the business, and any other information the tax	61688
commissioner requires in the form of statement prescribed by ~~him~~	61689
the commissioner. If the applicant is a firm, partnership, or	61690
association other than a corporation, the application shall state	61691
the name and address of each of its members. If the applicant is a	61692
corporation, the application shall state the name and address of	61693
each of its officers. At the time of making the application	61694
required by this section, every person desiring to engage in the	61695
wholesale business of trafficking in cigarettes shall pay into the	61696
county treasury a license tax in the sum of two hundred dollars,	61697
or if desiring to engage in the retail business of trafficking in	61698
cigarettes, a license tax in the sum of thirty dollars for each of	61699
the first five places where hethe person proposes to carry on	61700
such business and twenty-five dollars for each additional place.	61701
Each place of business shall be deemed such space, under lease or	61702
license to, or under the control of, or under the supervision of	61703
the applicant, as is contained in one or more contiguous,	61704
adjacent, or adjoining buildings constituting an industrial plant	61705
or a place of business operated by, or under the control of, one	61706
person, or under one roof and connected by doors, halls,	61707
stairways, or elevators, which space may contain any number of	61708
points at which cigarettes are offered for sale, provided that	61709
each additional point at which cigarettes are offered for sale	61710
shall be listed in the application.	61711

Upon receipt of the application required by this section and	61712
exhibition of the county treasurer's receipt showing the payment	61713
of the tax, the county auditor shall issue to the applicant a	61714
license for each place of business designated in the application,	61715
authorizing the applicant to engage in such business at such place	61716
for one year commencing on the fourth Monday of May. Companies	61717
operating club or dining cars or other cars upon which cigarettes	61718
are sold shall obtain licenses at railroad terminals within the	61719
state, under such rules as are prescribed by the commissioner. The	61720
form of the license shall be prescribed by the commissioner. A	61721
duplicate license may be obtained from the county auditor upon	61722
payment of a fifty cent fee if the original license is lost,	61723
destroyed, or defaced. When an application is filed after the	61724
fourth Monday of May, the license tax required to be paid shall be	61725
proportioned in amount to the remainder of the license year,	61726
except that it shall not be less than one fifth of the whole	61727
amount in any one year.	61728

The holder of a wholesale or retail dealer's cigarette	61729
license may transfer the license to a place of business within the	61730
same county other than that designated on the license or may	61731
assign the license to another person for use in the same county on	61732
condition that the licensee or assignee, whichever is applicable,	61733
make application to the county auditor therefor, upon forms	61734
approved by the commissioner and the payment of a fee of one	61735
dollar into the county treasury.	61736

(B)(1) The wholesale cigarette license tax revenue collected	61737
under this section shall be distributed as follows:	61738

(a) Thirty-seven and one-half per cent shall be paid upon the	61739
warrant of the county auditor into the treasury of the municipal	61740
corporation or township in which the place of business for which	61741
the tax revenue was received is located;	61742

(b) Fifteen per cent shall be credited to the general fund of	61743
the county;	61744

(c) Forty-seven and one-half per cent shall be paid into the	61745
cigarette tax enforcement fund created by division (C) of this	61746
section.	61747

(2) The revenue collected from the thirty dollar tax imposed	61748
upon the first five places of business of a person engaged in the	61749
retail business of trafficking in cigarettes shall be distributed	61750
as follows:	61751

(a) Sixty-two and one-half per cent shall be paid upon the	61752
warrant of the county auditor into the treasury of the municipal	61753
corporation or township in which the places of business for which	61754
the tax revenue was received are located;	61755

(b) Twenty-two and one-half per cent shall be credited to the	61756
general fund of the county;	61757

(c) Fifteen per cent shall be paid into the cigarette tax	61758
enforcement fund created by division (C) of this section.	61759

(3) The remainder of the revenues and fines collected under	61760
this section and the penal laws relating to cigarettes shall be	61761
distributed as follows:	61762

(a) Three-fourths shall be paid upon the warrant of the	61763
county auditor into the treasury of the municipal corporation or	61764
township in which the place of business, on account of which the	61765
revenues and fines were received, is located;	61766

(b) One-fourth shall be credited to the general fund of the	61767
county.	61768

(C) There is hereby created within the state treasury the	61769
cigarette tax enforcement fund for the purpose of providing funds	61770
to assist in paying the costs of enforcing sections 1333.11 to	61771
1333.21 and Chapter 5743. of the Revised Code.	61772

The portion of cigarette license tax revenues received by a	61773
county auditor during the annual application period that ends	61774
before the fourth Monday in May which is required to be deposited	61775
in the cigarette tax enforcement fund shall be sent to the	61776
treasurer of state by the thirtieth day of June each year. The	61777
portion of license tax money received by each county auditor after	61778
the fourth Monday in May which is required to be deposited in the	61779
cigarette tax enforcement fund shall be sent to the treasurer of	61780
state by the thirty-first day of December.	61781

Sec. 5743.16. On or before the first Monday of June,	61782
annually, each county auditor shall certify to the tax	61783
commissioner a list showing the names of all persons licensed in	61784
~~his~~the auditor's county to engage in the business of trafficking	61785
in cigarettes, and such other information as to each, available	61786
from the records in the office of the auditor, as the commissioner	61787
prescribes. As such licenses are issued during the year, the	61788
auditor shall certify like lists and additions thereto to the	61789
commissioner. The commissioner shall keep an alphabetical index of	61790
such licenses certified to ~~him~~the commissioner, and shall update	61791
the index of valid license holders on a regular basis.	61792

Sec. 5743.18. Upon notice and hearing in accordance with	61793
sections 119.01 to 119.13 of the Revised Code, the tax	61794
commissioner may revoke any manufacturer, importer, wholesale, or	61795
retail cigarette license for violation of sections 5743.01 to	61796
5743.21 of the Revised Code. A certified copy of the order	61797
revoking such license shall be transmitted to the county auditor	61798
of the county in which the license was issued.	61799

Sec. 5743.19. No person shall engage in business as a	61800
manufacturer or importer, or in the wholesale or retail business	61801
of trafficking in cigarettes, without having a license therefor,	61802
as required by section 5743.15 of the Revised Code.	61803

Sec. 5743.20. No person shall sell any cigarettes both as a	61804
retail dealer and as a wholesale dealer at the same place of	61805
business. ~~No wholesale dealer shall sell cigarettes to any person~~	61806
~~in this state other than to a licensed retail dealer; and no~~No	61807
person other than a licensed wholesale dealer shall sell	61808
cigarettes to a licensed retail dealer. No retail dealer shall	61809
purchase cigarettes from any person other than a licensed	61810
wholesale dealer.	61811

A licensed wholesale dealer may not sell cigarettes to any	61812
person in this state other than a licensed retail dealer, except a	61813
licensed wholesale dealer may sell cigarettes to another licensed	61814
wholesale dealer if the tax commissioner has authorized the sale	61815
of the cigarettes between those wholesale dealers and the	61816
wholesale dealer that sells the cigarettes received them directly	61817
from a licensed manufacturer or licensed importer.	61818

The tax commissioner shall adopt rules governing sales of	61819
cigarettes between licensed wholesale dealers, including rules	61820
establishing criteria for authorizing such sales.	61821

No manufacturer or importer shall sell cigarettes to any	61822
person in this state other than to a licensed wholesale dealer or	61823
licensed importer. No importer shall purchase cigarettes from any	61824
person other than a licensed manufacturer or licensed importer.	61825

As used in this section, "licensed" means the manufacturer,	61826
importer, wholesale dealer, or retail dealer holds a current and	61827
valid license issued under section 5743.15 of the Revised Code.	61828

Sec. 5743.32. To provide revenue for the general revenue	61829
fund of the state, an excise tax is hereby levied on the use,	61830
consumption, or storage for consumption of cigarettes by consumers	61831
in this state at the rate of ~~twenty-seven and one-half~~fifty mills	61832
on each cigarette. The tax shall not apply if the tax levied by	61833
section 5743.02 of the Revised Code has been paid.	61834

The money received into the state treasury from the excise	61835
tax levied by this section shall be credited to the general	61836
revenue fund.	61837

Sec. 5743.33. ~~Every~~Except as provided in section 5743.331	61838
of the Revised Code, every person who has acquired cigarettes for	61839
use, storage, or other consumption subject to the tax levied under	61840
section 5743.32, 5743.323, or 5743.324 of the Revised Code, shall,	61841
on or before the fifteenth day of the month following receipt of	61842
such cigarettes, file with the tax commissioner a return showing	61843
the amount of cigarettes acquired, together with remittance of the	61844
tax thereon. No such person shall transport within this state,	61845
cigarettes that have a wholesale value in excess of ~~sixty~~three	61846
hundred dollars, unless that person has obtained consent to	61847
transport the cigarettes from the department of taxation prior to	61848
such transportation. Such consent shall not be required if the	61849
applicable taxes levied under sections 5743.02, 5743.024, and	61850
5743.026 of the Revised Code have been paid. Application for the	61851
consent shall be in the form prescribed by the tax commissioner.	61852

Every person transporting such cigarettes shall possess the	61853
consent while transporting or possessing the cigarettes within	61854
this state and shall produce the consent upon request of any law	61855
enforcement officer or authorized agent of the tax commissioner.	61856

Any person transporting such cigarettes without the consent	61857
required by this section, shall be subject to the provisions of	61858
this chapter, including the applicable taxes imposed by sections	61859
5743.02, 5743.024, and 5743.026 of the Revised Code.	61860

Sec. 5743.331. Notwithstanding any other section in this	61861
chapter to the contrary, a person may use, store, or consume	61862
cigarettes with a wholesale value of not more than three hundred	61863
dollars in any month and not for resale without incurring	61864
liability for any tax levied under this chapter, and is not	61865
required to file any return that otherwise would be required under	61866
this chapter.	61867

Sec. 5743.51. (A) To provide revenue for the general revenue	61868
fund of the state, an excise tax on tobacco products is hereby	61869
levied at the rate of ~~seventeen~~thirty per cent of the wholesale	61870
price of the tobacco product received by a distributor or sold by	61871
a manufacturer to a retail dealer located in this state. Each	61872
distributor who brings tobacco products, or causes tobacco	61873
products to be brought, into this state for distribution within	61874
this state, or any out-of-state distributor who sells tobacco	61875
products to wholesale or retail dealers located in this state for	61876
resale by those wholesale or retail dealers is liable for the tax	61877
imposed by this section. Only one sale of the same article shall	61878
be used in computing the amount of the tax due.	61879

(B) The treasurer of state shall place to the credit of the	61880
tax refund fund created by section 5703.052 of the Revised Code,	61881
out of the receipts from the tax levied by this section, amounts	61882
equal to the refunds certified by the tax commissioner pursuant to	61883
section 5743.53 of the Revised Code. The balance of the taxes	61884
collected under this section shall be paid into the general	61885
revenue fund.	61886

(C) The commissioner may adopt rules as are necessary to	61887
assist in the enforcement and administration of sections 5743.51	61888
to 5743.66 of the Revised Code, including rules providing for the	61889
remission of penalties imposed.	61890

(D) A manufacturer is not liable for payment of the tax	61891
imposed by this section for sales of tobacco products to a retail	61892
dealer that has filed a signed statement with the manufacturer in	61893
which the retail dealer agrees to pay and be liable for the tax,	61894
as long as the manufacturer has provided a copy of the statement	61895
to the tax commissioner.	61896

Sec. 5743.62. (A) To provide revenue for the general revenue	61897
fund of the state, an excise tax is hereby levied on the seller of	61898
tobacco products in this state at the rate of ~~seventeen~~thirty per	61899
cent of the wholesale price of the tobacco product whenever the	61900
tobacco product is delivered to a consumer in this state for the	61901
storage, use, or other consumption of such tobacco products. The	61902
tax imposed by this section applies only to sellers having nexus	61903
in this state, as defined in section 5741.01 of the Revised Code.	61904

(B) A seller of tobacco products who has nexus in this state	61905
as defined in section 5741.01 of the Revised Code shall register	61906
with the tax commissioner and supply any information concerning	61907
the seller's contacts with this state as may be required by the	61908
tax commissioner. A seller who does not have nexus in this state	61909
may voluntarily register with the tax commissioner. A seller who	61910
voluntarily registers with the tax commissioner is entitled to the	61911
same benefits and is subject to the same duties and requirements	61912
as a seller required to be registered with the tax commissioner	61913
under this division.	61914

(C) Each seller of tobacco products subject to the tax levied	61915
by this section, on or before the last day of each month, shall	61916
file with the tax commissioner a return for the preceding month	61917
showing any information the tax commissioner finds necessary for	61918
the proper administration of sections 5743.51 to 5743.66 of the	61919
Revised Code, together with remittance of the tax due, payable to	61920
the treasurer of state. The return and payment of the tax required	61921
by this section shall be filed in such a manner that it is	61922
received by the tax commissioner on or before the last day of the	61923
month following the reporting period. If the return is filed and	61924
the amount of the tax shown on the return to be due is paid on or	61925
before the date the return is required to be filed, the seller is	61926
entitled to a discount equal to two and five-tenths per cent of	61927
the amount shown on the return to be due.	61928

(D) The tax commissioner shall immediately forward to the	61929
treasurer of state all money received from the tax levied by this	61930
section, and the treasurer shall credit the amount to the general	61931
revenue fund.	61932

(E) Each seller of tobacco products subject to the tax levied	61933
by this section shall mark on the invoices of tobacco products	61934
sold that the tax levied by that section has been paid and shall	61935
indicate the seller's account number as assigned by the tax	61936
commissioner.	61937

Sec. 5743.63. (A) To provide revenue for the general revenue	61938
fund of the state, an excise tax is hereby levied on the storage,	61939
use, or other consumption of tobacco products at the rate of	61940
~~seventeen~~thirty per cent of the wholesale price of the tobacco	61941
product, provided the tax has not been paid by the seller as	61942
provided in section 5743.62 of the Revised Code, or by the	61943
distributor as provided in section 5743.51 of the Revised Code.	61944

(B) Each person subject to the tax levied by this section, on	61945
or before the last day of each month, shall file with the tax	61946
commissioner a return for the preceding month showing any	61947
information the tax commissioner finds necessary for the proper	61948
administration of sections 5743.51 to 5743.66 of the Revised Code,	61949
together with remittance of the tax due, payable to the treasurer	61950
of state. The return and payment of the tax required by this	61951
section shall be filed in such a manner that it is received by the	61952
tax commissioner on or before the last day of the month following	61953
the reporting period.	61954

(C) The tax commissioner shall immediately forward to the	61955
treasurer of state all money received from the tax levied by this	61956
section, and the treasurer shall credit the amount to the general	61957
revenue fund.	61958

Sec. 5743.71. As used in sections 5743.71 to 5743.76 of the	61959
Revised Code:	61960

(A) "Cigarettes" has the same meaning as in section 5743.01	61961
of the Revised Code.	61962

(B) "Computer network" means the interconnection of	61963
communication lines or wireless telecommunications with a computer	61964
or wireless telecommunication device through remote terminals, a	61965
complex consisting of two or more interconnected computers, or a	61966
worldwide collection of interconnected networks operating as the	61967
internet.	61968

(C) "Delivery sale" means a transaction for the purchase of	61969
cigarettes in which an offer to purchase cigarettes is made	61970
electronically using a computer network or by mail and acceptance	61971
of the offer results in delivery of the cigarettes to a named	61972
individual at a designated address.	61973

(D) "Merchant" means a person that engages in selling	61974
cigarettes by delivery sale.	61975

Sec. 5743.72. A merchant shall not mail or ship cigarettes	61976
as part of a delivery sale to a customer to whom the merchant has	61977
not previously mailed or shipped cigarettes unless, before mailing	61978
or shipping the cigarettes, the merchant complies with divisions	61979
(A), (B), (C), and (D) of this section. A merchant shall not mail	61980
or ship cigarettes as part of a delivery sale to a customer to	61981
whom the merchant has previously mailed or shipped cigarettes,	61982
unless, before mailing or shipping the cigarettes, the merchant	61983
complies with divisions (C) and (D) of this section. A merchant	61984
that is mailing or shipping cigarettes as part of a delivery sale	61985
to a customer to whom the merchant has previously mailed or	61986
shipped cigarettes shall, prior to mailing or shipping the	61987
cigarettes, make a good faith effort to verify through its	61988
business records that the information required under division (B)	61989
of this section remains valid with respect to that customer.	61990

(A) The merchant shall provide to the prospective customer a	61991
written statement that:	61992

(1) The prospective customer signs and returns to the	61993
merchant;	61994

(2) When returned by the prospective customer, shows the	61995
prospective customer's name, address, and date of birth;	61996

(3) Advises the prospective customer that purchasing	61997
cigarettes by a person under eighteen years of age is punishable	61998
by a fine of not more than one hundred dollars, that signing	61999
another person's name to the statement may subject the person to a	62000
penalty of not more than one thousand dollars, and that providing	62001
false information on the statement is a misdemeanor of the first	62002
degree, punishable by a fine up to one thousand dollars and	62003
imprisonment up to six months;	62004

(4) Confirms that the order was placed by the prospective	62005
customer;	62006

(5) Includes the warning provided under 15 U.S.C. 1333(a)(1);

62007

(6) States that the sale of the cigarettes is taxable under	62008
Chapter 5743. of the Revised Code.	62009

(B) The merchant shall make a good faith effort to verify the	62010
information in the written statement obtained under division (A)	62011
of this section by using a federal or commercially available	62012
database that includes the date of birth or age of the individual	62013
placing the order. If the prospective customer's age cannot be	62014
verified using such a database, the prospective customer shall	62015
submit a photocopy or other image of a valid government-issued	62016
identification that includes the date of birth or age of the	62017
customer. For the purposes of this division, a valid	62018
government-issued identification includes a driver's license,	62019
state identification card, military identification, passport,	62020
official naturalization or immigration document, or voter	62021
registration card.	62022

(C) The merchant shall receive payment for the delivery sale	62023
only by a check, credit card, or debit card issued in the name of	62024
the prospective purchaser.	62025

(D) The merchant shall submit, to each credit or debit card	62026
acquiring company with whom the merchant has credit or debit card	62027
sales, information in an appropriate form so that the word	62028
"cigarettes" will be printed on the purchaser's credit or debit	62029
card statement when cigarettes are purchased using a credit or	62030
debit card.	62031

Sec. 5743.73. (A)(1) A merchant that mails or ships	62032
cigarettes as part of a delivery sale shall do one of the	62033
following:	62034

(a) Collect and remit all applicable taxes imposed under	62035
Chapter 5743. of the Revised Code; or	62036

(b) Place a legible and conspicuous notice on the outside of	62037
the container in which the cigarettes are mailed or shipped, on	62038
the same side of the container as the address to which the	62039
container is being mailed or shipped, stating the following: "If	62040
these cigarettes have been shipped to you from a merchant located	62041
outside the state in which you reside, the merchant, pursuant to	62042
federal law, has reported information about the sale of these	62043
cigarettes, including your name and address, to your state tax	62044
collection agency. You are legally responsible for all applicable	62045
unpaid state taxes on these cigarettes."	62046

(2) In addition to complying with division (A)(1)(a) or (b)	62047
of this section, a merchant that mails or ships cigarettes as part	62048
of a delivery sale shall inform the customer in writing of the	62049
amount of taxes imposed under Chapter 5743. of the Revised Code.	62050

(B)(1) If a merchant mails or ships cigarettes as part of a	62051
delivery sale without engaging a third party mailing or shipping	62052
service to deliver the cigarettes, the merchant shall require the	62053
customer, or a person at least eighteen years of age who is	62054
designated by the customer, to sign to accept delivery and, if the	62055
customer or the customer's designee appears to be under	62056
twenty-seven years of age in the opinion of the merchant or the	62057
merchant's employee making the delivery, to present a valid	62058
driver's license or identification card issued under Chapter 4507.	62059
of the Revised Code.	62060

(2) If a merchant mails or ships cigarettes as part of a	62061
delivery sale and engages a third party mailing or shipping	62062
service to deliver the cigarettes, the merchant shall do all of	62063
the following:	62064

(a) Engage a mailing or shipping service that complies with	62065
division (C) of this section;	62066

(b) Provide to the mailing or shipping service evidence of	62067
the merchant's compliance with division (A) of this section;	62068

(c) Include the following statement in boldface type or upper	62069
case letters on the invoice or shipping document: "OHIO LAW	62070
PROHIBITS THE MAILING OR SHIPPING OF CIGARETTES TO A PERSON LESS	62071
THAN EIGHTEEN YEARS OF AGE AND REQUIRES PAYMENT OF ALL APPLICABLE	62072
TAXES."	62073

(C) A mailing or shipping service engaged by a merchant to	62074
deliver cigarettes as part of a delivery sale shall require the	62075
customer, or a person at least eighteen years of age who is	62076
designated by the customer, to sign to accept delivery and, if the	62077
customer or the customer's designee appears to be under	62078
twenty-seven years of age in the opinion of the delivery agent or	62079
employee of the mailing or shipping service, to present a valid	62080
driver's license or identification card issued under Chapter 4507.	62081
of the Revised Code.	62082

Sec. 5743.74. (A) Before a merchant commences to make	62083
delivery sales of cigarettes, the merchant shall provide the tax	62084
commissioner with a written statement containing the name of the	62085
business under which the merchant conducts business, the	62086
merchant's business mailing address, the address of the merchant's	62087
principal place of business, and the address of each of the	62088
merchant's places of business in this state.	62089

(B) A merchant that mails or ships cigarettes as part of a	62090
delivery sale shall file with the tax commissioner a copy of the	62091
invoice for each delivery sale to a customer in this state. The	62092
copy shall be filed not later than the tenth day of the month that	62093
immediately follows the month in which the delivery sale occurs.	62094
The invoice shall include the following information:	62095

(1) The name and address of the person to whom the cigarettes	62096
were delivered;	62097

(2) The brand name of the cigarettes delivered;

62098

(3) The quantity of cigarettes delivered.

62099

(C) A merchant that complies with 15 U.S.C. 376 shall be	62100
considered to have satisfied the requirements of divisions (A) and	62101
(B) of this section.	62102

Sec. 5743.75. (A)(1) The tax commissioner may impose a	62103
penalty of not more than one thousand dollars on a merchant that	62104
fails to obtain a signature and proof of identification of a	62105
customer or the customer's designee as required under division	62106
(B)(1) of section 5743.73 of the Revised Code, or that mails or	62107
ships cigarettes to a person under eighteen years of age.	62108

(2) The tax commissioner may impose penalties, as follows, on	62109
a merchant that mails or ships cigarettes as part of a delivery	62110
sale without first complying with division (A) of section 5743.73	62111
of the Revised Code:	62112

(a) For a violation occurring more than five years after any	62113
previous violation, a penalty of not more than one thousand	62114
dollars;	62115

(b) For a second violation within a five-year period, a	62116
penalty of not less than one thousand dollars and not more than	62117
two thousand dollars;	62118

(c) For a third violation within a five-year period, a	62119
penalty of not less than two thousand five hundred dollars and not	62120
more than three thousand five hundred dollars;	62121

(d) For a fourth violation within a five-year period, a	62122
penalty of not less than four thousand dollars and not more than	62123
five thousand dollars;	62124

(e) For a fifth violation within a five-year period, a	62125
penalty of not less than five thousand five hundred dollars and	62126
not more than six thousand five hundred dollars;	62127

(f) For six or more violations within a five-year period, a	62128
penalty of ten thousand dollars.	62129

(3) The tax commissioner may impose a penalty of not more	62130
than one thousand dollars on a mailing or shipping service that is	62131
engaged by a merchant to deliver cigarettes as part of a delivery	62132
sale and that does either of the following:	62133

(a) Delivers such cigarettes and fails, before such delivery,	62134
to receive from a merchant evidence of the merchant's compliance	62135
with division (A) of section 5743.73 of the Revised Code; or	62136

(b) Delivers such cigarettes and fails to obtain a signature	62137
and proof of identification of a customer or the customer's	62138
designee as required under division (C) of section 5743.73 of the	62139
Revised Code.	62140

(4) The tax commissioner may impose a penalty of not more	62141
than one thousand dollars on any person who receives cigarettes as	62142
part of a delivery sale and who signs another person's name to the	62143
statement required under division (A) of section 5743.72 of the	62144
Revised Code.	62145

(B) Penalties imposed under this section shall be collected	62146
by assessment issued by the tax commissioner in the same manner	62147
provided for issuing assessments under section 5743.081 or	62148
5743.082 of the Revised Code. The provisions of those sections	62149
relating to issuing assessments, providing notice of assessments,	62150
appealing assessments, the effect of assessments before and after	62151
the hearing and before and after the assessment is filed with the	62152
clerk of the court of common pleas, and all other provisions	62153
relating to procedure, authority, duties, liabilities, and	62154
privileges of the tax commissioner, the person assessed, the clerk	62155
of courts, or other public official apply to assessments for the	62156
collection of penalties imposed under this section.	62157

(C) The proceeds of all penalties collected under this	62158
section shall be credited to the cigarette tax enforcement fund	62159
created under section 5743.15 of the Revised Code.	62160

Sec. 5743.76. The tax commissioner may seize cigarettes sold	62161
in violation of section 5743.72, 5743.73, or 5743.74 of the	62162
Revised Code and cigarettes that any person attempts to sell in	62163
violation of any of those sections. Cigarettes seized under this	62164
section are forfeited to this state upon seizure. The tax	62165
commissioner shall provide for the destruction of all cigarettes	62166
seized and forfeited under this section.	62167

Sec. 5747.01. Except as otherwise expressly provided or	62168
clearly appearing from the context, any term used in this chapter	62169
that is not otherwise defined in this section has the same meaning	62170
as when used in a comparable context in the laws of the United	62171
States relating to federal income taxes or if not used in a	62172
comparable context in those laws, has the same meaning as in	62173
section 5733.40 of the Revised Code. Any reference in this chapter	62174
to the Internal Revenue Code includes other laws of the United	62175
States relating to federal income taxes.	62176

As used in this chapter:

62177

(A) "Adjusted gross income" or "Ohio adjusted gross income"	62178
means federal adjusted gross income, as defined and used in the	62179
Internal Revenue Code, adjusted as provided in this section:	62180

(1) Add interest or dividends on obligations or securities of	62181
any state or of any political subdivision or authority of any	62182
state, other than this state and its subdivisions and authorities.	62183

(2) Add interest or dividends on obligations of any	62184
authority, commission, instrumentality, territory, or possession	62185
of the United States to the extent that the interest or dividends	62186
are exempt from federal income taxes but not from state income	62187
taxes.	62188

(3) Deduct interest or dividends on obligations of the United	62189
States and its territories and possessions or of any authority,	62190
commission, or instrumentality of the United States to the extent	62191
that the interest or dividends are included in federal adjusted	62192
gross income but exempt from state income taxes under the laws of	62193
the United States.	62194

(4) Deduct disability and survivor's benefits to the extent	62195
included in federal adjusted gross income.	62196

(5) Deduct benefits under Title II of the Social Security Act	62197
and tier 1 railroad retirement benefits to the extent included in	62198
federal adjusted gross income under section 86 of the Internal	62199
Revenue Code.	62200

(6) In the case of a taxpayer who is a beneficiary of a trust	62201
that makes an accumulation distribution as defined in section 665	62202
of the Internal Revenue Code, add, for the beneficiary's taxable	62203
years beginning before 2002 ~~or after 2004~~, the portion, if any, of	62204
such distribution that does not exceed the undistributed net	62205
income of the trust for the three taxable years preceding the	62206
taxable year in which the distribution is made to the extent that	62207
the portion was not included in the trust's taxable income for any	62208
of the trust's taxable years beginning in 2002~~, 2003,~~ or ~~2004~~	62209
thereafter. "Undistributed net income of a trust" means the	62210
taxable income of the trust increased by (a)(i) the additions to	62211
adjusted gross income required under division (A) of this section	62212
and (ii) the personal exemptions allowed to the trust pursuant to	62213
section 642(b) of the Internal Revenue Code, and decreased by	62214
(b)(i) the deductions to adjusted gross income required under	62215
division (A) of this section, (ii) the amount of federal income	62216
taxes attributable to such income, and (iii) the amount of taxable	62217
income that has been included in the adjusted gross income of a	62218
beneficiary by reason of a prior accumulation distribution. Any	62219
undistributed net income included in the adjusted gross income of	62220
a beneficiary shall reduce the undistributed net income of the	62221
trust commencing with the earliest years of the accumulation	62222
period.	62223

(7) Deduct the amount of wages and salaries, if any, not	62224
otherwise allowable as a deduction but that would have been	62225
allowable as a deduction in computing federal adjusted gross	62226
income for the taxable year, had the targeted jobs credit allowed	62227
and determined under sections 38, 51, and 52 of the Internal	62228
Revenue Code not been in effect.	62229

(8) Deduct any interest or interest equivalent on public	62230
obligations and purchase obligations to the extent that the	62231
interest or interest equivalent is included in federal adjusted	62232
gross income.	62233

(9) Add any loss or deduct any gain resulting from the sale,	62234
exchange, or other disposition of public obligations to the extent	62235
that the loss has been deducted or the gain has been included in	62236
computing federal adjusted gross income.	62237

(10) Deduct or add amounts, as provided under section 5747.70	62238
of the Revised Code, related to contributions to variable college	62239
savings program accounts made or tuition ~~credits~~units purchased	62240
pursuant to Chapter 3334. of the Revised Code.	62241

(11)(a) Deduct, to the extent not otherwise allowable as a	62242
deduction or exclusion in computing federal or Ohio adjusted gross	62243
income for the taxable year, the amount the taxpayer paid during	62244
the taxable year for medical care insurance and qualified	62245
long-term care insurance for the taxpayer, the taxpayer's spouse,	62246
and dependents. No deduction for medical care insurance under	62247
division (A)(11) of this section shall be allowed either to any	62248
taxpayer who is eligible to participate in any subsidized health	62249
plan maintained by any employer of the taxpayer or of the	62250
taxpayer's spouse, or to any taxpayer who is entitled to, or on	62251
application would be entitled to, benefits under part A of Title	62252
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	62253
301, as amended. For the purposes of division (A)(11)(a) of this	62254
section, "subsidized health plan" means a health plan for which	62255
the employer pays any portion of the plan's cost. The deduction	62256
allowed under division (A)(11)(a) of this section shall be the net	62257
of any related premium refunds, related premium reimbursements, or	62258
related insurance premium dividends received during the taxable	62259
year.	62260

(b) Deduct, to the extent not otherwise deducted or excluded	62261
in computing federal or Ohio adjusted gross income during the	62262
taxable year, the amount the taxpayer paid during the taxable	62263
year, not compensated for by any insurance or otherwise, for	62264
medical care of the taxpayer, the taxpayer's spouse, and	62265
dependents, to the extent the expenses exceed seven and one-half	62266
per cent of the taxpayer's federal adjusted gross income.	62267

(c) For purposes of division (A)(11) of this section,	62268
"medical care" has the meaning given in section 213 of the	62269
Internal Revenue Code, subject to the special rules, limitations,	62270
and exclusions set forth therein, and "qualified long-term care"	62271
has the same meaning given in section 7702(B)(b) of the Internal	62272
Revenue Code.	62273

(12)(a) Deduct any amount included in federal adjusted gross	62274
income solely because the amount represents a reimbursement or	62275
refund of expenses that in any year the taxpayer had deducted as	62276
an itemized deduction pursuant to section 63 of the Internal	62277
Revenue Code and applicable United States department of the	62278
treasury regulations. The deduction otherwise allowed under	62279
division (A)(12)(a) of this section shall be reduced to the extent	62280
the reimbursement is attributable to an amount the taxpayer	62281
deducted under this section in any taxable year.	62282

(b) Add any amount not otherwise included in Ohio adjusted	62283
gross income for any taxable year to the extent that the amount is	62284
attributable to the recovery during the taxable year of any amount	62285
deducted or excluded in computing federal or Ohio adjusted gross	62286
income in any taxable year.	62287

(13) Deduct any portion of the deduction described in section	62288
1341(a)(2) of the Internal Revenue Code, for repaying previously	62289
reported income received under a claim of right, that meets both	62290
of the following requirements:	62291

(a) It is allowable for repayment of an item that was	62292
included in the taxpayer's adjusted gross income for a prior	62293
taxable year and did not qualify for a credit under division (A)	62294
or (B) of section 5747.05 of the Revised Code for that year;	62295

(b) It does not otherwise reduce the taxpayer's adjusted	62296
gross income for the current or any other taxable year.	62297

(14) Deduct an amount equal to the deposits made to, and net	62298
investment earnings of, a medical savings account during the	62299
taxable year, in accordance with section 3924.66 of the Revised	62300
Code. The deduction allowed by division (A)(14) of this section	62301
does not apply to medical savings account deposits and earnings	62302
otherwise deducted or excluded for the current or any other	62303
taxable year from the taxpayer's federal adjusted gross income.	62304

(15)(a) Add an amount equal to the funds withdrawn from a	62305
medical savings account during the taxable year, and the net	62306
investment earnings on those funds, when the funds withdrawn were	62307
used for any purpose other than to reimburse an account holder	62308
for, or to pay, eligible medical expenses, in accordance with	62309
section 3924.66 of the Revised Code;	62310

(b) Add the amounts distributed from a medical savings	62311
account under division (A)(2) of section 3924.68 of the Revised	62312
Code during the taxable year.	62313

(16) Add any amount claimed as a credit under section	62314
5747.059 of the Revised Code to the extent that such amount	62315
satisfies either of the following:	62316

(a) The amount was deducted or excluded from the computation	62317
of the taxpayer's federal adjusted gross income as required to be	62318
reported for the taxpayer's taxable year under the Internal	62319
Revenue Code;	62320

(b) The amount resulted in a reduction of the taxpayer's	62321
federal adjusted gross income as required to be reported for any	62322
of the taxpayer's taxable years under the Internal Revenue Code.	62323

(17) Deduct the amount contributed by the taxpayer to an	62324
individual development account program established by a county	62325
department of job and family services pursuant to sections 329.11	62326
to 329.14 of the Revised Code for the purpose of matching funds	62327
deposited by program participants. On request of the tax	62328
commissioner, the taxpayer shall provide any information that, in	62329
the tax commissioner's opinion, is necessary to establish the	62330
amount deducted under division (A)(17) of this section.	62331

(18) Beginning in taxable year 2001 but not for any taxable	62332
year beginning after December 31, 2005, if the taxpayer is married	62333
and files a joint return and the combined federal adjusted gross	62334
income of the taxpayer and the taxpayer's spouse for the taxable	62335
year does not exceed one hundred thousand dollars, or if the	62336
taxpayer is single and has a federal adjusted gross income for the	62337
taxable year not exceeding fifty thousand dollars, deduct amounts	62338
paid during the taxable year for qualified tuition and fees paid	62339
to an eligible institution for the taxpayer, the taxpayer's	62340
spouse, or any dependent of the taxpayer, who is a resident of	62341
this state and is enrolled in or attending a program that	62342
culminates in a degree or diploma at an eligible institution. The	62343
deduction may be claimed only to the extent that qualified tuition	62344
and fees are not otherwise deducted or excluded for any taxable	62345
year from federal or Ohio adjusted gross income. The deduction may	62346
not be claimed for educational expenses for which the taxpayer	62347
claims a credit under section 5747.27 of the Revised Code.	62348

(19) Add any reimbursement received during the taxable year	62349
of any amount the taxpayer deducted under division (A)(18) of this	62350
section in any previous taxable year to the extent the amount is	62351
not otherwise included in Ohio adjusted gross income.	62352

(20)(a)(i) Add five-sixths of the amount of depreciation	62353
expense allowed by subsection (k) of section 168 of the Internal	62354
Revenue Code, including the taxpayer's proportionate or	62355
distributive share of the amount of depreciation expense allowed	62356
by that subsection to a pass-through entity in which the taxpayer	62357
has a direct or indirect ownership interest.	62358

(ii) Add five-sixths of the amount of qualifying section 179	62359
depreciation expense, including a person's proportionate or	62360
distributive share of the amount of qualifying section 179	62361
depreciation expense allowed to any pass-through entity in which	62362
the person has a direct or indirect ownership. For the purposes of	62363
this division, "qualifying section 179 depreciation expense" means	62364
the difference between (I) the amount of depreciation expense	62365
directly or indirectly allowed to the taxpayer under section 179	62366
of the Internal Revenue Code, and (II) the amount of depreciation	62367
expense directly or indirectly allowed to the taxpayer under	62368
section 179 of the Internal Revenue Code as that section existed	62369
on December 31, 2002.	62370

The tax commissioner, under procedures established by the	62371
commissioner, may waive the add-backs related to a pass-through	62372
entity if the taxpayer owns, directly or indirectly, less than	62373
five per cent of the pass-through entity.	62374

(b) Nothing in division (A)(20) of this section shall be	62375
construed to adjust or modify the adjusted basis of any asset.	62376

(c) To the extent the add-back required under division	62377
(A)(20)(a) of this section is attributable to property generating	62378
nonbusiness income or loss allocated under section 5747.20 of the	62379
Revised Code, the add-back shall be sitused to the same location	62380
as the nonbusiness income or loss generated by the property for	62381
the purpose of determining the credit under division (A) of	62382
section 5747.05 of the Revised Code. Otherwise, the add-back shall	62383
be apportioned, subject to one or more of the four alternative	62384
methods of apportionment enumerated in section 5747.21 of the	62385
Revised Code.	62386

(d) For the purposes of division (A) of this section, net	62387
operating loss carryback and carryforward shall not include	62388
five-sixths of the allowance of any net operating loss deduction	62389
carryback or carryforward to the taxable year to the extent such	62390
loss resulted from depreciation allowed by section 168(k) of the	62391
Internal Revenue Code and by the qualifying section 179	62392
depreciation expense amount.	62393

(21)(a) If the taxpayer was required to add an amount under	62394
division (A)(20)(a) of this section for a taxable year, deduct	62395
one-fifth of the amount so added for each of the five succeeding	62396
taxable years.	62397

(b) If the amount deducted under division (A)(21)(a) of this	62398
section is attributable to an add-back allocated under division	62399
(A)(20)(c) of this section, the amount deducted shall be sitused	62400
to the same location. Otherwise, the add-back shall be apportioned	62401
using the apportionment factors for the taxable year in which the	62402
deduction is taken, subject to one or more of the four alternative	62403
methods of apportionment enumerated in section 5747.21 of the	62404
Revised Code.	62405

(c) No deduction is available under division (A)(21)(a) of	62406
this section with regard to any depreciation allowed by section	62407
168(k) of the Internal Revenue Code and by the qualifying section	62408
179 depreciation expense amount to the extent that such	62409
depreciation resulted in or increased a federal net operating loss	62410
carryback or carryforward to a taxable year to which division	62411
(A)(20)(d) of this section does not apply.	62412

(B) "Business income" means income, including gain or loss,	62413
arising from transactions, activities, and sources in the regular	62414
course of a trade or business and includes income, gain, or loss	62415
from real property, tangible property, and intangible property if	62416
the acquisition, rental, management, and disposition of the	62417
property constitute integral parts of the regular course of a	62418
trade or business operation. "Business income" includes income,	62419
including gain or loss, from a partial or complete liquidation of	62420
a business, including, but not limited to, gain or loss from the	62421
sale or other disposition of goodwill.	62422

(C) "Nonbusiness income" means all income other than business	62423
income and may include, but is not limited to, compensation, rents	62424
and royalties from real or tangible personal property, capital	62425
gains, interest, dividends and distributions, patent or copyright	62426
royalties, or lottery winnings, prizes, and awards.	62427

(D) "Compensation" means any form of remuneration paid to an	62428
employee for personal services.	62429

(E) "Fiduciary" means a guardian, trustee, executor,	62430
administrator, receiver, conservator, or any other person acting	62431
in any fiduciary capacity for any individual, trust, or estate.	62432

(F) "Fiscal year" means an accounting period of twelve months	62433
ending on the last day of any month other than December.	62434

(G) "Individual" means any natural person.

62435

(H) "Internal Revenue Code" means the "Internal Revenue Code	62436
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	62437

(I) "Resident" means any of the following, provided that	62438
division (I)(3) of this section applies only to taxable years of a	62439
trust beginning in 2002~~, 2003,~~ or ~~2004~~thereafter:	62440

(1) An individual who is domiciled in this state, subject to	62441
section 5747.24 of the Revised Code;	62442

(2) The estate of a decedent who at the time of death was	62443
domiciled in this state. The domicile tests of section 5747.24 of	62444
the Revised Code and any election under section 5747.25 of the	62445
Revised Code are not controlling for purposes of division (I)(2)	62446
of this section.	62447

(3) A trust that, in whole or part, resides in this state. If	62448
only part of a trust resides in this state, the trust is a	62449
resident only with respect to that part.	62450

For the purposes of division (I)(3) of this section:

62451

(a) A trust resides in this state for the trust's current	62452
taxable year to the extent, as described in division (I)(3)(d) of	62453
this section, that the trust consists directly or indirectly, in	62454
whole or in part, of assets, net of any related liabilities, that	62455
were transferred, or caused to be transferred, directly or	62456
indirectly, to the trust by any of the following:	62457

(i) A person, a court, or a governmental entity or	62458
instrumentality on account of the death of a decedent, but only if	62459
the trust is described in division (I)(3)(e)(i) or (ii) of this	62460
section;	62461

(ii) A person who was domiciled in this state for the	62462
purposes of this chapter when the person directly or indirectly	62463
transferred assets to an irrevocable trust, but only if at least	62464
one of the trust's qualifying beneficiaries is domiciled in this	62465
state for the purposes of this chapter during all or some portion	62466
of the trust's current taxable year;	62467

(iii) A person who was domiciled in this state for the	62468
purposes of this chapter when the trust document or instrument or	62469
part of the trust document or instrument became irrevocable, but	62470
only if at least one of the trust's qualifying beneficiaries is a	62471
resident domiciled in this state for the purposes of this chapter	62472
during all or some portion of the trust's current taxable year. If	62473
a trust document or instrument became irrevocable upon the death	62474
of a person who at the time of death was domiciled in this state	62475
for purposes of this chapter, that person is a person described in	62476
division (I)(3)(a)(iii) of this section.	62477

(b) A trust is irrevocable to the extent that the transferor	62478
is not considered to be the owner of the net assets of the trust	62479
under sections 671 to 678 of the Internal Revenue Code.	62480

(c) With respect to a trust other than a charitable lead	62481
trust, "qualifying beneficiary" has the same meaning as "potential	62482
current beneficiary" as defined in section 1361(e)(2) of the	62483
Internal Revenue Code, and with respect to a charitable lead trust	62484
"qualifying beneficiary" is any current,or future~~, or contingent~~	62485
beneficiary, but with respect to any trust "qualifying	62486
beneficiary" excludes a person or a governmental entity or	62487
instrumentality to any of which a contribution would qualify for	62488
the charitable deduction under section 170 of the Internal Revenue	62489
Code.	62490

(d) For the purposes of division (I)(3)(a) of this section,	62491
the extent to which a trust consists directly or indirectly, in	62492
whole or in part, of assets, net of any related liabilities, that	62493
were transferred directly or indirectly, in whole or part, to the	62494
trust by any of the sources enumerated in that division shall be	62495
ascertained by multiplying the fair market value of the trust's	62496
assets, net of related liabilities, by the qualifying ratio, which	62497
shall be computed as follows:	62498

(i) The first time the trust receives assets, the numerator	62499
of the qualifying ratio is the fair market value of those assets	62500
at that time, net of any related liabilities, from sources	62501
enumerated in division (I)(3)(a) of this section. The denominator	62502
of the qualifying ratio is the fair market value of all the	62503
trust's assets at that time, net of any related liabilities.	62504

(ii) Each subsequent time the trust receives assets, a	62505
revised qualifying ratio shall be computed. The numerator of the	62506
revised qualifying ratio is the sum of (1) the fair market value	62507
of the trust's assets immediately prior to the subsequent	62508
transfer, net of any related liabilities, multiplied by the	62509
qualifying ratio last computed without regard to the subsequent	62510
transfer, and (2) the fair market value of the subsequently	62511
transferred assets at the time transferred, net of any related	62512
liabilities, from sources enumerated in division (I)(3)(a) of this	62513
section. The denominator of the revised qualifying ratio is the	62514
fair market value of all the trust's assets immediately after the	62515
subsequent transfer, net of any related liabilities.	62516

(iii) Whether a transfer to the trust is by or from any of	62517
the sources enumerated in division (I)(3)(a) of this section shall	62518
be ascertained without regard to the domicile of the trust's	62519
beneficiaries.	62520

(e) For the purposes of division (I)(3)(a)(i) of this	62521
section:	62522

(i) A trust is described in division (I)(3)(e)(i) of this	62523
section if the trust is a testamentary trust and the testator of	62524
that testamentary trust was domiciled in this state at the time of	62525
the testator's death for purposes of the taxes levied under	62526
Chapter 5731. of the Revised Code.	62527

(ii) A trust is described in division (I)(3)(e)(ii) of this	62528
section if the transfer is a qualifying transfer described in any	62529
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	62530
irrevocable inter vivos trust, and at least one of the trust's	62531
qualifying beneficiaries is domiciled in this state for purposes	62532
of this chapter during all or some portion of the trust's current	62533
taxable year.	62534

(f) For the purposes of division (I)(3)(e)(ii) of this	62535
section, a "qualifying transfer" is a transfer of assets, net of	62536
any related liabilities, directly or indirectly to a trust, if the	62537
transfer is described in any of the following:	62538

(i) The transfer is made to a trust, created by the decedent	62539
before the decedent's death and while the decedent was domiciled	62540
in this state for the purposes of this chapter, and, prior to the	62541
death of the decedent, the trust became irrevocable while the	62542
decedent was domiciled in this state for the purposes of this	62543
chapter.	62544

(ii) The transfer is made to a trust to which the decedent,	62545
prior to the decedent's death, had directly or indirectly	62546
transferred assets, net of any related liabilities, while the	62547
decedent was domiciled in this state for the purposes of this	62548
chapter, and prior to the death of the decedent the trust became	62549
irrevocable while the decedent was domiciled in this state for the	62550
purposes of this chapter.	62551

(iii) The transfer is made on account of a contractual	62552
relationship existing directly or indirectly between the	62553
transferor and either the decedent or the estate of the decedent	62554
at any time prior to the date of the decedent's death, and the	62555
decedent was domiciled in this state at the time of death for	62556
purposes of the taxes levied under Chapter 5731. of the Revised	62557
Code.	62558

(iv) The transfer is made to a trust on account of a	62559
contractual relationship existing directly or indirectly between	62560
the transferor and another person who at the time of the	62561
decedent's death was domiciled in this state for purposes of this	62562
chapter.	62563

(v) The transfer is made to a trust on account of the will of	62564
a testator.	62565

(vi) The transfer is made to a trust created by or caused to	62566
be created by a court, and the trust was directly or indirectly	62567
created in connection with or as a result of the death of an	62568
individual who, for purposes of the taxes levied under Chapter	62569
5731. of the Revised Code, was domiciled in this state at the time	62570
of the individual's death.	62571

(g) The tax commissioner may adopt rules to ascertain the	62572
part of a trust residing in this state.	62573

(J) "Nonresident" means an individual or estate that is not a	62574
resident. An individual who is a resident for only part of a	62575
taxable year is a nonresident for the remainder of that taxable	62576
year.	62577

(K) "Pass-through entity" has the same meaning as in section	62578
5733.04 of the Revised Code.	62579

(L) "Return" means the notifications and reports required to	62580
be filed pursuant to this chapter for the purpose of reporting the	62581
tax due and includes declarations of estimated tax when so	62582
required.	62583

(M) "Taxable year" means the calendar year or the taxpayer's	62584
fiscal year ending during the calendar year, or fractional part	62585
thereof, upon which the adjusted gross income is calculated	62586
pursuant to this chapter.	62587

(N) "Taxpayer" means any person subject to the tax imposed by	62588
section 5747.02 of the Revised Code or any pass-through entity	62589
that makes the election under division (D) of section 5747.08 of	62590
the Revised Code.	62591

(O) "Dependents" means dependents as defined in the Internal	62592
Revenue Code and as claimed in the taxpayer's federal income tax	62593
return for the taxable year or which the taxpayer would have been	62594
permitted to claim had the taxpayer filed a federal income tax	62595
return.	62596

(P) "Principal county of employment" means, in the case of a	62597
nonresident, the county within the state in which a taxpayer	62598
performs services for an employer or, if those services are	62599
performed in more than one county, the county in which the major	62600
portion of the services are performed.	62601

(Q) As used in sections 5747.50 to 5747.55 of the Revised	62602
Code:	62603

(1) "Subdivision" means any county, municipal corporation,	62604
park district, or township.	62605

(2) "Essential local government purposes" includes all	62606
functions that any subdivision is required by general law to	62607
exercise, including like functions that are exercised under a	62608
charter adopted pursuant to the Ohio Constitution.	62609

(R) "Overpayment" means any amount already paid that exceeds	62610
the figure determined to be the correct amount of the tax.	62611

(S) "Taxable income" or "Ohio taxable income" applies only to	62612
estates and trusts, and means federal taxable income, as defined	62613
and used in the Internal Revenue Code, adjusted as follows:	62614

(1) Add interest or dividends, net of ordinary, necessary,	62615
and reasonable expenses not deducted in computing federal taxable	62616
income, on obligations or securities of any state or of any	62617
political subdivision or authority of any state, other than this	62618
state and its subdivisions and authorities, but only to the extent	62619
that such net amount is not otherwise includible in Ohio taxable	62620
income and is described in either division (S)(1)(a) or (b) of	62621
this section:	62622

(a) The net amount is not attributable to the S portion of an	62623
electing small business trust and has not been distributed to	62624
beneficiaries for the taxable year;	62625

(b) The net amount is attributable to the S portion of an	62626
electing small business trust for the taxable year.	62627

(2) Add interest or dividends, net of ordinary, necessary,	62628
and reasonable expenses not deducted in computing federal taxable	62629
income, on obligations of any authority, commission,	62630
instrumentality, territory, or possession of the United States to	62631
the extent that the interest or dividends are exempt from federal	62632
income taxes but not from state income taxes, but only to the	62633
extent that such net amount is not otherwise includible in Ohio	62634
taxable income and is described in either division (S)(1)(a) or	62635
(b) of this section;	62636

(3) Add the amount of personal exemption allowed to the	62637
estate pursuant to section 642(b) of the Internal Revenue Code;	62638

(4) Deduct interest or dividends, net of related expenses	62639
deducted in computing federal taxable income, on obligations of	62640
the United States and its territories and possessions or of any	62641
authority, commission, or instrumentality of the United States to	62642
the extent that the interest or dividends are exempt from state	62643
taxes under the laws of the United States, but only to the extent	62644
that such amount is included in federal taxable income and is	62645
described in either division (S)(1)(a) or (b) of this section;	62646

(5) Deduct the amount of wages and salaries, if any, not	62647
otherwise allowable as a deduction but that would have been	62648
allowable as a deduction in computing federal taxable income for	62649
the taxable year, had the targeted jobs credit allowed under	62650
sections 38, 51, and 52 of the Internal Revenue Code not been in	62651
effect, but only to the extent such amount relates either to	62652
income included in federal taxable income for the taxable year or	62653
to income of the S portion of an electing small business trust for	62654
the taxable year;	62655

(6) Deduct any interest or interest equivalent, net of	62656
related expenses deducted in computing federal taxable income, on	62657
public obligations and purchase obligations, but only to the	62658
extent that such net amount relates either to income included in	62659
federal taxable income for the taxable year or to income of the S	62660
portion of an electing small business trust for the taxable year;	62661

(7) Add any loss or deduct any gain resulting from sale,	62662
exchange, or other disposition of public obligations to the extent	62663
that such loss has been deducted or such gain has been included in	62664
computing either federal taxable income or income of the S portion	62665
of an electing small business trust for the taxable year;	62666

(8) Except in the case of the final return of an estate, add	62667
any amount deducted by the taxpayer on both its Ohio estate tax	62668
return pursuant to section 5731.14 of the Revised Code, and on its	62669
federal income tax return in determining federal taxable income;	62670

(9)(a) Deduct any amount included in federal taxable income	62671
solely because the amount represents a reimbursement or refund of	62672
expenses that in a previous year the decedent had deducted as an	62673
itemized deduction pursuant to section 63 of the Internal Revenue	62674
Code and applicable treasury regulations. The deduction otherwise	62675
allowed under division (S)(9)(a) of this section shall be reduced	62676
to the extent the reimbursement is attributable to an amount the	62677
taxpayer or decedent deducted under this section in any taxable	62678
year.	62679

(b) Add any amount not otherwise included in Ohio taxable	62680
income for any taxable year to the extent that the amount is	62681
attributable to the recovery during the taxable year of any amount	62682
deducted or excluded in computing federal or Ohio taxable income	62683
in any taxable year, but only to the extent such amount has not	62684
been distributed to beneficiaries for the taxable year.	62685

(10) Deduct any portion of the deduction described in section	62686
1341(a)(2) of the Internal Revenue Code, for repaying previously	62687
reported income received under a claim of right, that meets both	62688
of the following requirements:	62689

(a) It is allowable for repayment of an item that was	62690
included in the taxpayer's taxable income or the decedent's	62691
adjusted gross income for a prior taxable year and did not qualify	62692
for a credit under division (A) or (B) of section 5747.05 of the	62693
Revised Code for that year.	62694

(b) It does not otherwise reduce the taxpayer's taxable	62695
income or the decedent's adjusted gross income for the current or	62696
any other taxable year.	62697

(11) Add any amount claimed as a credit under section	62698
5747.059 of the Revised Code to the extent that the amount	62699
satisfies either of the following:	62700

(a) The amount was deducted or excluded from the computation	62701
of the taxpayer's federal taxable income as required to be	62702
reported for the taxpayer's taxable year under the Internal	62703
Revenue Code;	62704

(b) The amount resulted in a reduction in the taxpayer's	62705
federal taxable income as required to be reported for any of the	62706
taxpayer's taxable years under the Internal Revenue Code.	62707

(12) Deduct any amount, net of related expenses deducted in	62708
computing federal taxable income, that a trust is required to	62709
report as farm income on its federal income tax return, but only	62710
if the assets of the trust include at least ten acres of land	62711
satisfying the definition of "land devoted exclusively to	62712
agricultural use" under section 5713.30 of the Revised Code,	62713
regardless of whether the land is valued for tax purposes as such	62714
land under sections 5713.30 to 5713.38 of the Revised Code. If the	62715
trust is a pass-though entity investor, section 5747.231 of the	62716
Revised Code applies in ascertaining if the trust is eligible to	62717
claim the deduction provided by division (S)(12) of this section	62718
in connection with the pass-through entity's farm income.	62719

Except for farm income attributable to the S portion of an	62720
electing small business trust, the deduction provided by division	62721
(S)(12) of this section is allowed only to the extent that the	62722
trust has not distributed such farm income. Division (S)(12) of	62723
this section applies only to taxable years of a trust beginning in	62724
2002~~, 2003,~~ or ~~2004~~thereafter.	62725

(13) Add the net amount of income described in section 641(c)	62726
of the Internal Revenue Code to the extent that amount is not	62727
included in federal taxable income.	62728

(14) Add or deduct the amount the taxpayer would be required	62729
to add or deduct under division (A)(20) or (21) of this section if	62730
the taxpayer's Ohio taxable income were computed in the same	62731
manner as an individual's Ohio adjusted gross income is computed	62732
under this section. In the case of a trust, division (S)(14) of	62733
this section applies only to any of the trust's taxable years	62734
beginning in 2002~~, 2003,~~ or ~~2004~~thereafter.	62735

(T) "School district income" and "school district income tax"	62736
have the same meanings as in section 5748.01 of the Revised Code.	62737

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	62738
of this section, "public obligations," "purchase obligations," and	62739
"interest or interest equivalent" have the same meanings as in	62740
section 5709.76 of the Revised Code.	62741

(V) "Limited liability company" means any limited liability	62742
company formed under Chapter 1705. of the Revised Code or under	62743
the laws of any other state.	62744

(W) "Pass-through entity investor" means any person who,	62745
during any portion of a taxable year of a pass-through entity, is	62746
a partner, member, shareholder, or equity investor in that	62747
pass-through entity.	62748

(X) "Banking day" has the same meaning as in section 1304.01	62749
of the Revised Code.	62750

(Y) "Month" means a calendar month.

62751

(Z) "Quarter" means the first three months, the second three	62752
months, the third three months, or the last three months of the	62753
taxpayer's taxable year.	62754

(AA)(1) "Eligible institution" means a state university or	62755
state institution of higher education as defined in section	62756
3345.011 of the Revised Code, or a private, nonprofit college,	62757
university, or other post-secondary institution located in this	62758
state that possesses a certificate of authorization issued by the	62759
Ohio board of regents pursuant to Chapter 1713. of the Revised	62760
Code or a certificate of registration issued by the state board of	62761
career colleges and schools under Chapter 3332. of the Revised	62762
Code.	62763

(2) "Qualified tuition and fees" means tuition and fees	62764
imposed by an eligible institution as a condition of enrollment or	62765
attendance, not exceeding two thousand five hundred dollars in	62766
each of the individual's first two years of post-secondary	62767
education. If the individual is a part-time student, "qualified	62768
tuition and fees" includes tuition and fees paid for the academic	62769
equivalent of the first two years of post-secondary education	62770
during a maximum of five taxable years, not exceeding a total of	62771
five thousand dollars. "Qualified tuition and fees" does not	62772
include:	62773

(a) Expenses for any course or activity involving sports,	62774
games, or hobbies unless the course or activity is part of the	62775
individual's degree or diploma program;	62776

(b) The cost of books, room and board, student activity fees,	62777
athletic fees, insurance expenses, or other expenses unrelated to	62778
the individual's academic course of instruction;	62779

(c) Tuition, fees, or other expenses paid or reimbursed	62780
through an employer, scholarship, grant in aid, or other	62781
educational benefit program.	62782

(BB)(1) "Modified business income" means the business income	62783
included in a trust's Ohio taxable income after such taxable	62784
income is first reduced by the qualifying trust amount, if any.	62785

(2) "Qualifying trust amount" of a trust means capital gains	62786
and losses from the sale, exchange, or other disposition of equity	62787
or ownership interests in, or debt obligations of, a qualifying	62788
investee to the extent included in the trust's Ohio taxable	62789
income, but only if the following requirements are satisfied:	62790

(a) The book value of the qualifying investee's physical	62791
assets in this state and everywhere, as of the last day of the	62792
qualifying investee's fiscal or calendar year ending immediately	62793
prior to the date on which the trust recognizes the gain or loss,	62794
is available to the trust.	62795

(b) The requirements of section 5747.011 of the Revised Code	62796
are satisfied for the trust's taxable year in which the trust	62797
recognizes the gain or loss.	62798

Any gain or loss that is not a qualifying trust amount is	62799
modified business income, qualifying investment income, or	62800
modified nonbusiness income, as the case may be.	62801

(3) "Modified nonbusiness income" means a trust's Ohio	62802
taxable income other than modified business income, other than the	62803
qualifying trust amount, and other than qualifying investment	62804
income, as defined in section 5747.012 of the Revised Code, to the	62805
extent such qualifying investment income is not otherwise part of	62806
modified business income.	62807

(4) "Modified Ohio taxable income" applies only to trusts,	62808
and means the sum of the amounts described in divisions (BB)(4)(a)	62809
to (c) of this section:	62810

(a) The fraction, calculated under section 5747.013, and	62811
applying section 5747.231 of the Revised Code, multiplied by the	62812
sum of the following amounts:	62813

(i) The trust's modified business income;

62814

(ii) The trust's qualifying investment income, as defined in	62815
section 5747.012 of the Revised Code, but only to the extent the	62816
qualifying investment income does not otherwise constitute	62817
modified business income and does not otherwise constitute a	62818
qualifying trust amount.	62819

(b) The qualifying trust amount multiplied by a fraction, the	62820
numerator of which is the sum of the book value of the qualifying	62821
investee's physical assets in this state on the last day of the	62822
qualifying investee's fiscal or calendar year ending immediately	62823
prior to the day on which the trust recognizes the qualifying	62824
trust amount, and the denominator of which is the sum of the book	62825
value of the qualifying investee's total physical assets	62826
everywhere on the last day of the qualifying investee's fiscal or	62827
calendar year ending immediately prior to the day on which the	62828
trust recognizes the qualifying trust amount. If, for a taxable	62829
year, the trust recognizes a qualifying trust amount with respect	62830
to more than one qualifying investee, the amount described in	62831
division (BB)(4)(b) of this section shall equal the sum of the	62832
products so computed for each such qualifying investee.	62833

(c)(i) With respect to a trust or portion of a trust that is	62834
a resident as ascertained in accordance with division (I)(3)(d) of	62835
this section, its modified nonbusiness income.	62836

(ii) With respect to a trust or portion of a trust that is	62837
not a resident as ascertained in accordance with division	62838
(I)(3)(d) of this section, the amount of its modified nonbusiness	62839
income satisfying the descriptions in divisions (B)(2) to (5) of	62840
section 5747.20 of the Revised Code.	62841

If the allocation and apportionment of a trust's income under	62842
divisions (BB)(4)(a) and (c) of this section do not fairly	62843
represent the modified Ohio taxable income of the trust in this	62844
state, the alternative methods described in division (C) of	62845
section 5747.21 of the Revised Code may be applied in the manner	62846
and to the same extent provided in that section.	62847

(5)(a) Except as set forth in division (BB)(5)(b) of this	62848
section, "qualifying investee" means a person in which a trust has	62849
an equity or ownership interest, or a person or unit of government	62850
the debt obligations of either of which are owned by a trust. For	62851
the purposes of division (BB)(2)(a) of this section and for the	62852
purpose of computing the fraction described in division (BB)(4)(b)	62853
of this section, all of the following apply:	62854

(i) If the qualifying investee is a member of a qualifying	62855
controlled group on the last day of the qualifying investee's	62856
fiscal or calendar year ending immediately prior to the date on	62857
which the trust recognizes the gain or loss, then "qualifying	62858
investee" includes all persons in the qualifying controlled group	62859
on such last day.	62860

(ii) If the qualifying investee, or if the qualifying	62861
investee and any members of the qualifying controlled group of	62862
which the qualifying investee is a member on the last day of the	62863
qualifying investee's fiscal or calendar year ending immediately	62864
prior to the date on which the trust recognizes the gain or loss,	62865
separately or cumulatively own, directly or indirectly, on the	62866
last day of the qualifying investee's fiscal or calendar year	62867
ending immediately prior to the date on which the trust recognizes	62868
the qualifying trust amount, more than fifty per cent of the	62869
equity of a pass-through entity, then the qualifying investee and	62870
the other members are deemed to own the proportionate share of the	62871
pass-through entity's physical assets which the pass-through	62872
entity directly or indirectly owns on the last day of the	62873
pass-through entity's calendar or fiscal year ending within or	62874
with the last day of the qualifying investee's fiscal or calendar	62875
year ending immediately prior to the date on which the trust	62876
recognizes the qualifying trust amount.	62877

(iii) For the purposes of division (BB)(5)(a)(iii) of this	62878
section, "upper level pass-through entity" means a pass-through	62879
entity directly or indirectly owning any equity of another	62880
pass-through entity, and "lower level pass-through entity" means	62881
that other pass-through entity.	62882

An upper level pass-through entity, whether or not it is also	62883
a qualifying investee, is deemed to own, on the last day of the	62884
upper level pass-through entity's calendar or fiscal year, the	62885
proportionate share of the lower level pass-through entity's	62886
physical assets that the lower level pass-through entity directly	62887
or indirectly owns on the last day of the lower level pass-through	62888
entity's calendar or fiscal year ending within or with the last	62889
day of the upper level pass-through entity's fiscal or calendar	62890
year. If the upper level pass-through entity directly and	62891
indirectly owns less than fifty per cent of the equity of the	62892
lower level pass-through entity on each day of the upper level	62893
pass-through entity's calendar or fiscal year in which or with	62894
which ends the calendar or fiscal year of the lower level	62895
pass-through entity and if, based upon clear and convincing	62896
evidence, complete information about the location and cost of the	62897
physical assets of the lower pass-through entity is not available	62898
to the upper level pass-through entity, then solely for purposes	62899
of ascertaining if a gain or loss constitutes a qualifying trust	62900
amount, the upper level pass-through entity shall be deemed as	62901
owning no equity of the lower level pass-through entity for each	62902
day during the upper level pass-through entity's calendar or	62903
fiscal year in which or with which ends the lower level	62904
pass-through entity's calendar or fiscal year. Nothing in division	62905
(BB)(5)(a)(iii) of this section shall be construed to provide for	62906
any deduction or exclusion in computing any trust's Ohio taxable	62907
income.	62908

(b) With respect to a trust that is not a resident for the	62909
taxable year and with respect to a part of a trust that is not a	62910
resident for the taxable year, "qualifying investee" for that	62911
taxable year does not include a C corporation if both of the	62912
following apply:	62913

(i) During the taxable year the trust or part of the trust	62914
recognizes a gain or loss from the sale, exchange, or other	62915
disposition of equity or ownership interests in, or debt	62916
obligations of, the C corporation.	62917

(ii) Such gain or loss constitutes nonbusiness income.

62918

(6) "Available" means information is such that a person is	62919
able to learn of the information by the due date plus extensions,	62920
if any, for filing the return for the taxable year in which the	62921
trust recognizes the gain or loss.	62922

(CC) "Qualifying controlled group" has the same meaning as in	62923
section 5733.04 of the Revised Code.	62924

(DD) "Related member" has the same meaning as in section	62925
5733.042 of the Revised Code.	62926

~~(EE) Any term used in this chapter that is not otherwise~~	62927
~~defined in this section and that is not used in a comparable~~	62928
~~context in the Internal Revenue Code and other statutes of the~~	62929
~~United States relating to federal income taxes has the same~~	62930
~~meaning as in section 5733.40 of the Revised Code.~~	62931

Sec. 5747.02. (A) For the purpose of providing revenue for	62932
the support of schools and local government functions, to provide	62933
relief to property taxpayers, to provide revenue for the general	62934
revenue fund, and to meet the expenses of administering the tax	62935
levied by this chapter, there is hereby levied on every	62936
individual, trust, and estate residing in or earning or receiving	62937
income in this state, on every individual, trust, and estate	62938
earning or receiving lottery winnings, prizes, or awards pursuant	62939
to Chapter 3770. of the Revised Code, and on every individual,	62940
trust, and estate otherwise having nexus with or in this state	62941
under the Constitution of the United States, an annual tax	62942
measured in the case of individuals by Ohio adjusted gross income	62943
less an exemption for the taxpayer, the taxpayer's spouse, and	62944
each dependent as provided in section 5747.025 of the Revised	62945
Code; measured in the case of trusts by modified Ohio taxable	62946
income under division (D) of this section; and measured in the	62947
case of estates by Ohio taxable income. The tax imposed by this	62948
section on the balance thus obtained is hereby levied as follows:	62949

(1) For taxable years beginning in 2004:

62950

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		62951
OR		62952
MODIFIED OHIO		62953
TAXABLE INCOME (TRUSTS)		62954
OR		62955
OHIO TAXABLE INCOME (ESTATES)	TAX	62956

$5,000 or less	.743%	62957
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	62958
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	62959
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	62960
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	62961
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	62962
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	62963
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	62964
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	62965

(2) For taxable years beginning in 2005:

62966

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		62967
OR		62968
MODIFIED OHIO		62969
TAXABLE INCOME (TRUSTS)		62970
OR		62971
OHIO TAXABLE INCOME (ESTATES)	TAX	62972

$5,000 or less	.712%	62973
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	62974
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	62975
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	62976
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	62977
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	62978
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	62979
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	62980
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	62981

(3) For taxable years beginning in 2006:

62982

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		62983
OR		62984
MODIFIED OHIO		62985
TAXABLE INCOME (TRUSTS)		62986
OR		62987
OHIO TAXABLE INCOME (ESTATES)	TAX	62988

$5,000 or less	.681%	62989
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	62990
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	62991
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	62992
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	62993
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	62994
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	62995
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	62996
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	62997

(4) For taxable years beginning in 2007:

62998

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		62999
OR		63000
MODIFIED OHIO		63001
TAXABLE INCOME (TRUSTS)		63002
OR		63003
OHIO TAXABLE INCOME (ESTATES)	TAX	63004

$5,000 or less	.649%	63005
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	63006
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	63007
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	63008
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	63009
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	63010
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	63011
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	63012
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	63013

(5) For taxable years beginning in 2008:

63014

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		63015
OR		63016
MODIFIED OHIO		63017
TAXABLE INCOME (TRUSTS)		63018
OR		63019
OHIO TAXABLE INCOME (ESTATES)	TAX	63020

$5,000 or less	.618%	63021
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	63022
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	63023
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	63024
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	63025
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	63026
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	63027
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	63028
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	63029

(6) For taxable years beginning in 2009 or thereafter:

63030

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		63031
OR		63032
MODIFIED OHIO		63033
TAXABLE INCOME (TRUSTS)		63034
OR		63035
OHIO TAXABLE INCOME (ESTATES)	TAX	63036

$5,000 or less	.587%	63037
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	63038
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	63039
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	63040
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	63041
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	63042
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	63043
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	63044
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	63045

In July of each year, beginning in ~~2005~~2010, the tax	63046
commissioner shall adjust the income amounts prescribed in this	63047
division by multiplying the percentage increase in the gross	63048
domestic product deflator computed that year under section	63049
5747.025 of the Revised Code by each of the income amounts	63050
resulting from the adjustment under this division in the preceding	63051
year, adding the resulting product to the corresponding income	63052
amount resulting from the adjustment in the preceding year, and	63053
rounding the resulting sum to the nearest multiple of fifty	63054
dollars. The tax commissioner also shall recompute each of the tax	63055
dollar amounts to the extent necessary to reflect the adjustment	63056
of the income amounts. The rates of taxation shall not be	63057
adjusted.	63058

The adjusted amounts apply to taxable years beginning in the	63059
calendar year in which the adjustments are made. The tax	63060
commissioner shall not make such adjustments in any year in which	63061
the amount resulting from the adjustment would be less than the	63062
amount resulting from the adjustment in the preceding year.	63063

(B) If the director of budget and management makes a	63064
certification to the tax commissioner under division (B) of	63065
section 131.44 of the Revised Code, the amount of tax as	63066
determined under division (A) of this section shall be reduced by	63067
the percentage prescribed in that certification for taxable years	63068
beginning in the calendar year in which that certification is	63069
made.	63070

(C) The levy of this tax on income does not prevent a	63071
municipal corporation, a joint economic development zone created	63072
under section 715.691, or a joint economic development district	63073
created under section 715.70 or 715.71 or sections 715.72 to	63074
715.81 of the Revised Code from levying a tax on income.	63075

(D) This division applies only to taxable years of a trust	63076
beginning in 2002~~, 2003,~~ or ~~2004~~thereafter.	63077

(1) The tax imposed by this section on a trust shall be	63078
computed by multiplying the Ohio modified taxable income of the	63079
trust by the rates prescribed by division (A) of this section.	63080

(2) A credit is allowed against the tax computed under	63081
division (D) of this section equal to the lesser of (1) the tax	63082
paid to another state or the District of Columbia on the trust's	63083
modified nonbusiness income, other than the portion of the trust's	63084
nonbusiness income that is qualifying investment income as defined	63085
in section 5747.012 of the Revised Code, or (2) the effective tax	63086
rate, based on modified Ohio taxable income, multiplied by the	63087
trust's modified nonbusiness income other than the portion of	63088
trust's nonbusiness income that is qualifying investment income.	63089
The credit applies before any other applicable credits.	63090

(3) The credits enumerated in divisions (A)(1) to (13) of	63091
section 5747.98 of the Revised Code do not apply to a trust	63092
subject to this division. Any credits enumerated in other	63093
divisions of section 5747.98 of the Revised Code apply to a trust	63094
subject to this division. To the extent that the trust distributes	63095
income for the taxable year for which a credit is available to the	63096
trust, the credit shall be shared by the trust and its	63097
beneficiaries. The tax commissioner and the trust shall be guided	63098
by applicable regulations of the United States treasury regarding	63099
the sharing of credits.	63100

(E) For the purposes of this section, "trust" means any trust	63101
described in Subchapter J of Chapter 1 of the Internal Revenue	63102
Code, excluding trusts that are not irrevocable as defined in	63103
division (I)(3)(b) of section 5747.01 of the Revised Code and that	63104
have no modified Ohio taxable income for the taxable year,	63105
charitable remainder trusts, qualified funeral trusts and preneed	63106
funeral contract trusts established pursuant to section 1111.19 of	63107
the Revised Code that are not qualified funeral trusts, endowment	63108
and perpetual care trusts, qualified settlement trusts and funds,	63109
designated settlement trusts and funds, and trusts exempted from	63110
taxation under section 501(a) of the Internal Revenue Code.	63111

Sec. 5747.05. As used in this section, "income tax" includes	63112
both a tax on net income and a tax measured by net income.	63113

The following credits shall be allowed against the income tax	63114
imposed by section 5747.02 of the Revised Code on individuals and	63115
estates:	63116

(A)(1) The amount of tax otherwise due under section 5747.02	63117
of the Revised Code on such portion of the adjusted gross income	63118
of any nonresident taxpayer that is not allocable to this state	63119
pursuant to sections 5747.20 to 5747.23 of the Revised Code;	63120

(2) The credit provided under this division shall not exceed	63121
the portion of the total tax due under section 5747.02 of the	63122
Revised Code that the amount of the nonresident taxpayer's	63123
adjusted gross income not allocated to this state pursuant to	63124
sections 5747.20 to 5747.23 of the Revised Code bears to the total	63125
adjusted gross income of the nonresident taxpayer derived from all	63126
sources everywhere.	63127

(3) The tax commissioner may enter into an agreement with the	63128
taxing authorities of any state or of the District of Columbia	63129
that imposes an income tax to provide that compensation paid in	63130
this state to a nonresident taxpayer shall not be subject to the	63131
tax levied in section 5747.02 of the Revised Code so long as	63132
compensation paid in such other state or in the District of	63133
Columbia to a resident taxpayer shall likewise not be subject to	63134
the income tax of such other state or of the District of Columbia.	63135

(B) The lesser of division (B)(1) or (2) of this section:

63136

(1) The amount of tax otherwise due under section 5747.02 of	63137
the Revised Code on such portion of the adjusted gross income of a	63138
resident taxpayer that in another state or in the District of	63139
Columbia is subjected to an income tax. The credit provided under	63140
division (B)(1) of this section shall not exceed the portion of	63141
the total tax due under section 5747.02 of the Revised Code that	63142
the amount of the resident taxpayer's adjusted gross income	63143
subjected to an income tax in the other state or in the District	63144
of Columbia bears to the total adjusted gross income of the	63145
resident taxpayer derived from all sources everywhere.	63146

(2) The amount of income tax liability to another state or	63147
the District of Columbia on the portion of the adjusted gross	63148
income of a resident taxpayer that in another state or in the	63149
District of Columbia is subjected to an income tax. The credit	63150
provided under division (B)(2) of this section shall not exceed	63151
the amount of tax otherwise due under section 5747.02 of the	63152
Revised Code.	63153

(3) If the credit provided under division (B) of this section	63154
is affected by a change in either the portion of adjusted gross	63155
income of a resident taxpayer subjected to an income tax in	63156
another state or the District of Columbia or the amount of income	63157
tax liability that has been paid to another state or the District	63158
of Columbia, the taxpayer shall report the change to the tax	63159
commissioner within sixty days of the change in such form as the	63160
commissioner requires.	63161

(a) In the case of an underpayment, the report shall be	63162
accompanied by payment of any additional tax due as a result of	63163
the reduction in credit together with interest on the additional	63164
tax and is a return subject to assessment under section 5747.13 of	63165
the Revised Code solely for the purpose of assessing any	63166
additional tax due under this division, together with any	63167
applicable penalty and interest. It shall not reopen the	63168
computation of the taxpayer's tax liability under this chapter	63169
from a previously filed return no longer subject to assessment	63170
except to the extent that such liability is affected by an	63171
adjustment to the credit allowed by division (B) of this section.	63172

(b) In the case of an overpayment, an application for refund	63173
may be filed under this division within the sixty day period	63174
prescribed for filing the report even if it is beyond the period	63175
prescribed in section 5747.11 of the Revised Code if it otherwise	63176
conforms to the requirements of such section. An application filed	63177
under this division shall only claim refund of overpayments	63178
resulting from an adjustment to the credit allowed by division (B)	63179
of this section unless it is also filed within the time prescribed	63180
in section 5747.11 of the Revised Code. It shall not reopen the	63181
computation of the taxpayer's tax liability except to the extent	63182
that such liability is affected by an adjustment to the credit	63183
allowed by division (B) of this section.	63184

(4) No credit shall be allowed under division (B) of this	63185
section to the extent that for any taxable year the taxpayer has	63186
directly or indirectly deducted, or was required to directly or	63187
indirectly deduct, the amount of income tax liability to another	63188
state or the District of Columbia in computing federal adjusted	63189
gross income.	63190

(C) For a taxpayer sixty-five years of age or older during	63191
the taxable year, a credit for such year equal to fifty dollars	63192
for each return required to be filed under section 5747.08 of the	63193
Revised Code.	63194

(D) A taxpayer sixty-five years of age or older during the	63195
taxable year who has received a lump-sum distribution from a	63196
pension, retirement, or profit-sharing plan in the taxable year	63197
may elect to receive a credit under this division in lieu of the	63198
credit to which the taxpayer is entitled under division (C) of	63199
this section. A taxpayer making such election shall receive a	63200
credit for the taxable year equal to fifty dollars times the	63201
taxpayer's expected remaining life as shown by annuity tables	63202
issued under the provisions of the Internal Revenue Code and in	63203
effect for the calendar year which includes the last day of the	63204
taxable year. A taxpayer making an election under this division is	63205
not entitled to the credit authorized under division (C) of this	63206
section in subsequent taxable years except that if such election	63207
was made prior to July 1, 1983, the taxpayer is entitled to	63208
one-half the credit authorized under such division in subsequent	63209
taxable years but may not make another election under this	63210
division.	63211

(E) A taxpayer who is not sixty-five years of age or older	63212
during the taxable year who has received a lump-sum distribution	63213
from a pension, retirement, or profit-sharing plan in a taxable	63214
year ending on or before July 31, 1991, may elect to take a credit	63215
against the tax otherwise due under this chapter for such year	63216
equal to fifty dollars times the expected remaining life of a	63217
taxpayer sixty-five years of age as shown by annuity tables issued	63218
under the provisions of the Internal Revenue Code and in effect	63219
for the calendar year which includes the last day of the taxable	63220
year. A taxpayer making an election under this division is not	63221
entitled to a credit under division (C) or (D) of this section in	63222
any subsequent year except that if such election was made prior to	63223
July 1, 1983, the taxpayer is entitled to one-half the credit	63224
authorized under division (C) of this section in subsequent years	63225
but may not make another election under this division. No taxpayer	63226
may make an election under this division for a taxable year ending	63227
on or after August 1, 1991.	63228

(F) A taxpayer making an election under either division (D)	63229
or (E) of this section may make only one such election in the	63230
taxpayer's lifetime.	63231

(G)(1) On a joint return filed by a husband and wife, each of	63232
whom had adjusted gross income of at least five hundred dollars,	63233
exclusive of interest, dividends and distributions, royalties,	63234
rent, and capital gains, a credit equal to the percentage shown in	63235
the table contained in this division of the amount of tax due	63236
after allowing for any other credit that precedes the credit under	63237
this division in the order required under section 5747.98 of the	63238
Revised Code.	63239

(2) The credit to which a taxpayer is entitled under this	63240
division in any taxable year is the percentage shown in column B	63241
that corresponds with the taxpayer's adjusted gross income, less	63242
exemptions for the taxable year:	63243

63244

IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR IS:

THE CREDIT FOR THE TAXABLE YEAR IS:

63245

$25,000 or less	20%	63246
More than $25,000 but not more than $50,000	15%	63247
More than $50,000 but not more than $75,000	10%	63248
More than $75,000	5%	63249

(3) The credit allowed under this division shall not exceed	63250
six hundred fifty dollars in any taxable year.	63251

(H) No claim for credit under this section shall be allowed	63252
unless the claimant furnishes such supporting information as the	63253
tax commissioner prescribes by rules. Each credit under this	63254
section shall be claimed in the order required under section	63255
5747.98 of the Revised Code.	63256

(I) An individual who is a resident for part of a taxable	63257
year and a nonresident for the remainder of the taxable year is	63258
allowed the credits under divisions (A) and (B) of this section in	63259
accordance with rules prescribed by the tax commissioner. In no	63260
event shall the same income be subject to both credits.	63261

(J) The credit allowed under division (A) of this section	63262
shall be calculated based upon the amount of tax due under section	63263
5747.02 of the Revised Code after subtracting any other credits	63264
that precede the credit under that division in the order required	63265
under section 5747.98 of the Revised Code. The credit allowed	63266
under division (B) of this section shall be calculated based upon	63267
the amount of tax due under section 5747.02 of the Revised Code	63268
after subtracting any other credits that precede the credit under	63269
that division in the order required under section 5747.98 of the	63270
Revised Code.	63271

(K) No credit shall be allowed under division (B) of this	63272
section unless the taxpayer furnishes such proof as the tax	63273
commissioner shall require that the income tax liability has been	63274
paid to another state or the District of Columbia.	63275

(L) No credit shall be allowed under division (B) of this	63276
section for compensation that is not subject to the income tax of	63277
another state or the District of Columbia as the result of an	63278
agreement entered into by the tax commissioner under division	63279
(A)(3) of this section.	63280

Sec. 5747.056. For taxable years beginning in 2005 or	63281
thereafter, a credit shall be allowed against the tax imposed by	63282
section 5747.02 of the Revised Code for an individual whose Ohio	63283
adjusted gross income less exemptions is ten thousand dollars or	63284
less. For taxable years beginning in 2005, the credit shall equal	63285
one hundred seven dollars. For taxable years beginning in 2006,	63286
the credit shall equal one hundred two dollars. For taxable years	63287
beginning in 2007, the credit shall equal ninety-eight dollars.	63288
For taxable years beginning in 2008, the credit shall equal	63289
ninety-three dollars. For taxable years beginning in 2009 or	63290
thereafter, the credit shall equal eighty-eight dollars. The	63291
credit shall be claimed in the order required under section	63292
5747.98 of the Revised Code.	63293

Sec. 5747.08. An annual return with respect to the tax	63294
imposed by section 5747.02 of the Revised Code and each tax	63295
imposed under Chapter 5748. of the Revised Code shall be made by	63296
every taxpayer for any taxable year for which the taxpayer is	63297
liable for the tax imposed by that section or under that chapter,	63298
unless the total credits allowed under divisions (E), (F), and (G)	63299
of section 5747.05 of the Revised Code for the year are equal to	63300
or exceed the tax imposed by section 5747.02 of the Revised Code,	63301
in which case no return shall be required unless the taxpayer is	63302
liable for a tax imposed pursuant to Chapter 5748. of the Revised	63303
Code.	63304

(A) If an individual is deceased, any return or notice	63305
required of that individual under this chapter shall be made and	63306
filed by that decedent's executor, administrator, or other person	63307
charged with the property of that decedent.	63308

(B) If an individual is unable to make a return or notice	63309
required by this chapter, the return or notice required of that	63310
individual shall be made and filed by the individual's duly	63311
authorized agent, guardian, conservator, fiduciary, or other	63312
person charged with the care of the person or property of that	63313
individual.	63314

(C) Returns or notices required of an estate or a trust shall	63315
be made and filed by the fiduciary of the estate or trust.	63316

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	63317
of this section, any pass-through entity may file a single return	63318
on behalf of one or more of the entity's investors other than an	63319
investor that is a person subject to the tax imposed under section	63320
5733.06 of the Revised Code. The single return shall set forth the	63321
name, address, and social security number or other identifying	63322
number of each of those pass-through entity investors and shall	63323
indicate the distributive share of each of those pass-through	63324
entity investor's income taxable in this state in accordance with	63325
sections 5747.20 to 5747.231 of the Revised Code. Such	63326
pass-through entity investors for whom the pass-through entity	63327
elects to file a single return are not entitled to the exemption	63328
or credit provided for by sections 5747.02 and 5747.022 of the	63329
Revised Code; shall calculate the tax before business credits at	63330
the highest rate of tax set forth in section 5747.02 of the	63331
Revised Code for the taxable year for which the return is filed;	63332
and are entitled to only their distributive share of the business	63333
credits as defined in division (D)(2) of this section. A single	63334
check drawn by the pass-through entity shall accompany the return	63335
in full payment of the tax due, as shown on the single return, for	63336
such investors, other than investors who are persons subject to	63337
the tax imposed under section 5733.06 of the Revised Code.	63338

(b)(i) A pass-through entity shall not include in such a	63339
single return any investor that is a trust to the extent that any	63340
direct or indirect current, future, or contingent beneficiary of	63341
the trust is a person subject to the tax imposed under section	63342
5733.06 of the Revised Code.	63343

(ii) A pass-through entity shall not include in such a single	63344
return any investor that is itself a pass-through entity to the	63345
extent that any direct or indirect investor in the second	63346
pass-through entity is a person subject to the tax imposed under	63347
section 5733.06 of the Revised Code.	63348

(c) Nothing in division (D) of this section precludes the tax	63349
commissioner from requiring such investors to file the return and	63350
make the payment of taxes and related interest, penalty, and	63351
interest penalty required by this section or section 5747.02,	63352
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	63353
of this section shall be construed to provide to such an investor	63354
or pass-through entity any additional deduction or credit, other	63355
than the credit provided by division (J) of this section, solely	63356
on account of the entity's filing a return in accordance with this	63357
section. Such a pass-through entity also shall make the filing and	63358
payment of estimated taxes on behalf of the pass-through entity	63359
investors other than an investor that is a person subject to the	63360
tax imposed under section 5733.06 of the Revised Code.	63361

(2) For the purposes of this section, "business credits"	63362
means the credits listed in section 5747.98 of the Revised Code	63363
excluding the following credits:	63364

(a) The retirement credit under division (B) of section	63365
5747.055 of the Revised Code;	63366

(b) The senior citizen credit under division (C) of section	63367
5747.05 of the Revised Code;	63368

(c) The lump sum distribution credit under division (D) of	63369
section 5747.05 of the Revised Code;	63370

(d) The dependent care credit under section 5747.054 of the	63371
Revised Code;	63372

(e) The lump sum retirement income credit under division (C)	63373
of section 5747.055 of the Revised Code;	63374

(f) The lump sum retirement income credit under division (D)	63375
of section 5747.055 of the Revised Code;	63376

(g) The lump sum retirement income credit under division (E)	63377
of section 5747.055 of the Revised Code;	63378

(h) The credit for displaced workers who pay for job training	63379
under section 5747.27 of the Revised Code;	63380

(i) The twenty-dollar personal exemption credit under section	63381
5747.022 of the Revised Code;	63382

(j) The joint filing credit under division (G) of section	63383
5747.05 of the Revised Code;	63384

(k) The nonresident credit under division (A) of section	63385
5747.05 of the Revised Code;	63386

(l) The credit for a resident's out-of-state income under	63387
division (B) of section 5747.05 of the Revised Code;	63388

(m) The low-income credit under section 5747.056 of the	63389
Revised Code.	63390

(3) The election provided for under division (D) of this	63391
section applies only to the taxable year for which the election is	63392
made by the pass-through entity. Unless the tax commissioner	63393
provides otherwise, this election, once made, is binding and	63394
irrevocable for the taxable year for which the election is made.	63395
Nothing in this division shall be construed to provide for any	63396
deduction or credit that would not be allowable if a nonresident	63397
pass-through entity investor were to file an annual return.	63398

(4) If a pass-through entity makes the election provided for	63399
under division (D) of this section, the pass-through entity shall	63400
be liable for any additional taxes, interest, interest penalty, or	63401
penalties imposed by this chapter if the commissioner finds that	63402
the single return does not reflect the correct tax due by the	63403
pass-through entity investors covered by that return. Nothing in	63404
this division shall be construed to limit or alter the liability,	63405
if any, imposed on pass-through entity investors for unpaid or	63406
underpaid taxes, interest, interest penalty, or penalties as a	63407
result of the pass-through entity's making the election provided	63408
for under division (D) of this section. For the purposes of	63409
division (D) of this section, "correct tax due" means the tax that	63410
would have been paid by the pass-through entity had the single	63411
return been filed in a manner reflecting the commissioner's	63412
findings. Nothing in division (D) of this section shall be	63413
construed to make or hold a pass-through entity liable for tax	63414
attributable to a pass-through entity investor's income from a	63415
source other than the pass-through entity electing to file the	63416
single return.	63417

(E) If a husband and wife file a joint federal income tax	63418
return for a taxable year, they shall file a joint return under	63419
this section for that taxable year, and their liabilities are	63420
joint and several, but, if the federal income tax liability of	63421
either spouse is determined on a separate federal income tax	63422
return, they shall file separate returns under this section.	63423

If either spouse is not required to file a federal income tax	63424
return and either or both are required to file a return pursuant	63425
to this chapter, they may elect to file separate or joint returns,	63426
and, pursuant to that election, their liabilities are separate or	63427
joint and several. If a husband and wife file separate returns	63428
pursuant to this chapter, each must claim the taxpayer's own	63429
exemption, but not both, as authorized under section 5747.02 of	63430
the Revised Code on the taxpayer's own return.	63431

(F) Each return or notice required to be filed under this	63432
section shall contain the signature of the taxpayer or the	63433
taxpayer's duly authorized agent and of the person who prepared	63434
the return for the taxpayer, and shall include the taxpayer's	63435
social security number. Each return shall be verified by a	63436
declaration under the penalties of perjury. The tax commissioner	63437
shall prescribe the form that the signature and declaration shall	63438
take.	63439

(G) Each return or notice required to be filed under this	63440
section shall be made and filed as required by section 5747.04 of	63441
the Revised Code, on or before the fifteenth day of April of each	63442
year, on forms that the tax commissioner shall prescribe, together	63443
with remittance made payable to the treasurer of state in the	63444
combined amount of the state and all school district income taxes	63445
shown to be due on the form, unless the combined amount shown to	63446
be due is one dollar or less, in which case that amount need not	63447
be remitted.	63448

Upon good cause shown, the commissioner may extend the period	63449
for filing any notice or return required to be filed under this	63450
section and may adopt rules relating to extensions. If the	63451
extension results in an extension of time for the payment of any	63452
state or school district income tax liability with respect to	63453
which the return is filed, the taxpayer shall pay at the time the	63454
tax liability is paid an amount of interest computed at the rate	63455
per annum prescribed by section 5703.47 of the Revised Code on	63456
that liability from the time that payment is due without extension	63457
to the time of actual payment. Except as provided in section	63458
5747.132 of the Revised Code, in addition to all other interest	63459
charges and penalties, all taxes imposed under this chapter or	63460
Chapter 5748. of the Revised Code and remaining unpaid after they	63461
become due, except combined amounts due of one dollar or less,	63462
bear interest at the rate per annum prescribed by section 5703.47	63463
of the Revised Code until paid or until the day an assessment is	63464
issued under section 5747.13 of the Revised Code, whichever occurs	63465
first.	63466

If the commissioner considers it necessary in order to ensure	63467
the payment of the tax imposed by section 5747.02 of the Revised	63468
Code or any tax imposed under Chapter 5748. of the Revised Code,	63469
the commissioner may require returns and payments to be made	63470
otherwise than as provided in this section.	63471

(H) If any report, claim, statement, or other document	63472
required to be filed, or any payment required to be made, within a	63473
prescribed period or on or before a prescribed date under this	63474
chapter is delivered after that period or that date by United	63475
States mail to the agency, officer, or office with which the	63476
report, claim, statement, or other document is required to be	63477
filed, or to which the payment is required to be made, the date of	63478
the postmark stamped on the cover in which the report, claim,	63479
statement, or other document, or payment is mailed shall be deemed	63480
to be the date of delivery or the date of payment.	63481

If a payment is required to be made by electronic funds	63482
transfer pursuant to section 5747.072 of the Revised Code, the	63483
payment is considered to be made when the payment is received by	63484
the treasurer of state or credited to an account designated by the	63485
treasurer of state for the receipt of tax payments.	63486

"The date of the postmark" means, in the event there is more	63487
than one date on the cover, the earliest date imprinted on the	63488
cover by the United States postal service.	63489

(I) The amounts withheld by the employer pursuant to section	63490
5747.06 of the Revised Code shall be allowed to the recipient of	63491
the compensation as credits against payment of the appropriate	63492
taxes imposed on the recipient by section 5747.02 and under	63493
Chapter 5748. of the Revised Code.	63494

(J) If, in accordance with division (D) of this section, a	63495
pass-through entity elects to file a single return and if any	63496
investor is required to file the return and make the payment of	63497
taxes required by this chapter on account of the investor's other	63498
income that is not included in a single return filed by a	63499
pass-through entity, the investor is entitled to a refundable	63500
credit equal to the investor's proportionate share of the tax paid	63501
by the pass-through entity on behalf of the investor. The investor	63502
shall claim the credit for the investor's taxable year in which or	63503
with which ends the taxable year of the pass-through entity.	63504
Nothing in this chapter shall be construed to allow any credit	63505
provided in this chapter to be claimed more than once. For the	63506
purposes of computing any interest, penalty, or interest penalty,	63507
the investor shall be deemed to have paid the refundable credit	63508
provided by this division on the day that the pass-through entity	63509
paid the estimated tax or the tax giving rise to the credit.	63510

Sec. 5747.331. (A) As used in this section:

63511

(1) "Borrower" means any person that receives a loan from the	63512
director of development under section 166.21 of the Revised Code,	63513
regardless of whether the borrower is subject to the tax imposed	63514
by section 5747.02 of the Revised Code.	63515

(2) "Related member" has the same meaning as in section	63516
5733.042 of the Revised Code.	63517

(3) "Qualified research and development loan payments" has	63518
the same meaning as in division (D) of section 166.21 of the	63519
Revised Code.	63520

(B) Beginning inwith taxable year 2003 and ending with	63521
taxable years beginning in 2007, a nonrefundable credit is allowed	63522
against the tax imposed by section 5747.02 of the Revised Code	63523
equal to a borrower's qualified research and development loan	63524
payments made during the calendar year that includes the last day	63525
of the taxable year for which the credit is claimed. The amount of	63526
the credit for a taxable year shall not exceed one hundred fifty	63527
thousand dollars. No taxpayer is entitled to claim a credit under	63528
this section unless it has obtained a certificate issued by the	63529
director of development under division (D) of section 166.21 of	63530
the Revised Code. The credit shall be claimed in the order	63531
required under section 5747.98 of the Revised Code. The credit, to	63532
the extent it exceeds the taxpayer's tax liability for the taxable	63533
year after allowance for any other credits that precede the credit	63534
under this section in that order, shall be carried forward to the	63535
next succeeding taxable year or years until fully used. Any credit	63536
not fully utilized by the taxable year beginning in 2007 may be	63537
carried forward and applied against the tax levied by Chapter	63538
5751. of the Revised Code to the extent allowed by section 5751.52	63539
of the Revised Code.	63540

(C) A borrower entitled to a credit under this section may	63541
assign the credit, or a portion thereof, to any of the following:	63542

(1) A related member of that borrower;

63543

(2) The owner or lessee of the eligible research and	63544
development project;	63545

(3) A related member of the owner or lessee of the eligible	63546
research and development project.	63547

A borrower making an assignment under this division shall	63548
provide written notice of the assignment to the tax commissioner	63549
and the director of development, in such form as the tax	63550
commissioner prescribes, before the credit that was assigned is	63551
used. The assignor may not claim the credit to the extent it was	63552
assigned to an assignee. The assignee may claim the credit only to	63553
the extent the assignor has not claimed it.	63554

(D) If any taxpayer is a shareholder in an S corporation, a	63555
partner in a partnership, or a member in a limited liability	63556
company treated as a partnership for federal income tax purposes,	63557
the taxpayer shall be allowed the taxpayer's distributive or	63558
proportionate share of the credit available through the S	63559
corporation, partnership, or limited liability company.	63560

(E) The aggregate credit against the taxes imposed by	63561
sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised	63562
Code that may be claimed under this section and section 5733.352	63563
of the Revised Code by a borrower as a result of qualified	63564
research and development loan payments attributable during a	63565
calendar year to any one loan shall not exceed one hundred fifty	63566
thousand dollars.	63567

Sec. 5747.70. (A) In computing Ohio adjusted gross income, a	63568
deduction from federal adjusted gross income is allowed to a	63569
contributor for the amount contributed during the taxable year to	63570
a variable college savings program account and to a purchaser of	63571
tuition ~~credits~~units under the Ohio college savings program	63572
created by Chapter 3334. of the Revised Code to the extent that	63573
the amounts of such contributions and purchases were not deducted	63574
in determining the contributor's or purchaser's federal adjusted	63575
gross income for the taxable year. The combined amount of	63576
contributions and purchases deducted in any taxable year by a	63577
taxpayer or the taxpayer and the taxpayer's spouse, regardless of	63578
whether the taxpayer and the taxpayer's spouse file separate	63579
returns or a joint return, is limited to two thousand dollars for	63580
each beneficiary for whom contributions or purchases are made. If	63581
the combined annual contributions and purchases for a beneficiary	63582
exceed two thousand dollars, the excess may be carried forward and	63583
deducted in future taxable years until the contributions and	63584
purchases have been fully deducted.	63585

(B) In computing Ohio adjusted gross income, a deduction from	63586
federal adjusted gross income is allowed for:	63587

(1) Income related to tuition ~~credits~~units and contributions	63588
that as of the end of the taxable year have not been refunded	63589
pursuant to the termination of a tuition payment contract or	63590
variable college savings program account under section 3334.10 of	63591
the Revised Code, to the extent that such income is included in	63592
federal adjusted gross income.	63593

(2) The excess of the total purchase price of tuition ~~credits~~	63594
units refunded during the taxable year pursuant to the termination	63595
of a tuition payment contract under section 3334.10 of the Revised	63596
Code over the amount of the refund, to the extent the amount of	63597
the excess was not deducted in determining federal adjusted gross	63598
income. Division (B)(2) of this section applies only to ~~credits~~	63599
units for which no deduction was allowable under division (A) of	63600
this section.	63601

(C) In computing Ohio adjusted gross income, there shall be	63602
added to federal adjusted gross income the amount of loss related	63603
to tuition ~~credits~~units and contributions that as of the end of	63604
the taxable year have not been refunded pursuant to the	63605
termination of a tuition payment contract or variable college	63606
savings program account under section 3334.10 of the Revised Code,	63607
to the extent that such loss was deducted in determining federal	63608
adjusted gross income.	63609

(D) For taxable years in which distributions or refunds are	63610
made under a tuition payment or variable college savings program	63611
contract for any reason other than payment of tuition or other	63612
higher education expenses, or the beneficiary's death, disability,	63613
or receipt of a scholarship as described in section 3334.10 of the	63614
Revised Code:	63615

(1) If the distribution or refund is paid to the purchaser or	63616
contributor or beneficiary, any portion of the distribution or	63617
refund not included in the recipient's federal adjusted gross	63618
income shall be added to the recipient's federal adjusted gross	63619
income in determining the recipient's Ohio adjusted gross income,	63620
except that the amount added shall not exceed amounts previously	63621
deducted under division (A) of this section less any amounts added	63622
under division (D)(1) of this section in a prior taxable year.	63623

(2) If amounts paid by a purchaser or contributor on or after	63624
January 1, 2000, are distributed or refunded to someone other than	63625
the purchaser or contributor or beneficiary, the amount of the	63626
payment not included in the recipient's federal adjusted gross	63627
income, less any amounts added under division (D) of this section	63628
in a prior taxable year, shall be added to the recipient's federal	63629
adjusted gross income in determining the recipient's Ohio adjusted	63630
gross income.	63631

Sec. 5747.80. (A) Upon the issuance of a tax credit	63632
certificate by the Ohio venture capital authority under section	63633
150.07 of the Revised Code, a credit may be claimed against the	63634
tax imposed by section 5747.02 of the Revised Code. The credit	63635
shall be claimed for the taxable year specified in the certificate	63636
issued by the authority and in the order required under section	63637
5747.98 of the Revised Code.	63638

(B) If the taxpayer elected a refundable credit under section	63639
150.07 of the Revised Code and the amount of the credit shown on	63640
the certificate does not exceed the tax otherwise due under	63641
section 5747.02 of the Revised Code after all nonrefundable	63642
credits are deducted, then the taxpayer shall claim a refundable	63643
credit equal to the amount of the credit shown on the certificate.	63644

(C) If the taxpayer elected a refundable credit under section	63645
150.07 of the Revised Code, and the amount of the credit shown on	63646
the certificate exceeds the tax otherwise due under section	63647
5747.02 of the Revised Code after all nonrefundable credits,	63648
~~including the credit allowed under this section,~~ are deducted in	63649
~~that order~~, the taxpayer shall ~~receive a refund equal to~~	63650
~~seventy-five per cent of that excess. If the taxpayer elected a~~	63651
~~nonrefundable credit, the amount of the credit, claimed in that~~	63652
~~order, shall not exceed the tax otherwise due after all the~~	63653
~~taxpayer's credits are deducted in that order. If~~claim a	63654
refundable credit equal to the sum of the following:	63655

(1) The amount, if any, of the tax otherwise due under	63656
section 5747.02 of the Revised Code after all nonrefundable	63657
credits are deducted;	63658

(2) Seventy-five per cent of the difference between the	63659
amount of the refundable credit shown on the certificate and the	63660
tax otherwise due under section 5747.02 of the Revised Code after	63661
all nonrefundable credits are deducted.	63662

(D) If the taxpayer elected a nonrefundable credit and the	63663
credit to which the taxpayer would otherwise be entitled under	63664
this section for any taxable year is greater than the tax	63665
otherwise due under section 5747.02 of the Revised Code, after	63666
allowing for any other credits that, under section 5747.98 of the	63667
Revised Code, precede the credit allowed under this section, the	63668
excess shall be allowed as a nonrefundable credit in each of the	63669
ensuing ten taxable years, but the amount of any excess credit	63670
allowed in the ensuing taxable year shall be deducted from the	63671
balance carried forward to the next taxable year.	63672

Sec. 5747.98. (A) To provide a uniform procedure for	63673
calculating the amount of tax due under section 5747.02 of the	63674
Revised Code, a taxpayer shall claim any credits to which the	63675
taxpayer is entitled in the following order:	63676

(1) The retirement income credit under division (B) of	63677
section 5747.055 of the Revised Code;	63678

(2) The senior citizen credit under division (C) of section	63679
5747.05 of the Revised Code;	63680

(3) The lump sum distribution credit under division (D) of	63681
section 5747.05 of the Revised Code;	63682

(4) The dependent care credit under section 5747.054 of the	63683
Revised Code;	63684

(5) The lump sum retirement income credit under division (C)	63685
of section 5747.055 of the Revised Code;	63686

(6) The lump sum retirement income credit under division (D)	63687
of section 5747.055 of the Revised Code;	63688

(7) The lump sum retirement income credit under division (E)	63689
of section 5747.055 of the Revised Code;	63690

(8) The low-income credit under section 5747.056 of the	63691
Revised Code;	63692

(9) The credit for displaced workers who pay for job training	63693
under section 5747.27 of the Revised Code;	63694

~~(9)~~(10) The campaign contribution credit under section	63695
5747.29 of the Revised Code;	63696

~~(10)~~(11) The twenty-dollar personal exemption credit under	63697
section 5747.022 of the Revised Code;	63698

~~(11)~~(12) The joint filing credit under division (G) of	63699
section 5747.05 of the Revised Code;	63700

~~(12)~~(13) The nonresident credit under division (A) of section	63701
5747.05 of the Revised Code;	63702

~~(13)~~(14) The credit for a resident's out-of-state income	63703
under division (B) of section 5747.05 of the Revised Code;	63704

~~(14)~~(15) The credit for employers that enter into agreements	63705
with child day-care centers under section 5747.34 of the Revised	63706
Code;	63707

~~(15)~~(16) The credit for employers that reimburse employee	63708
child care expenses under section 5747.36 of the Revised Code;	63709

~~(16)~~(17) The credit for adoption of a minor child under	63710
section 5747.37 of the Revised Code;	63711

~~(17)~~(18) The credit for purchases of lights and reflectors	63712
under section 5747.38 of the Revised Code;	63713

~~(18)~~(19) The job retention credit under division (B) of	63714
section 5747.058 of the Revised Code;	63715

~~(19)~~(20) The credit for losses on loans made under the Ohio	63716
venture capital program under sections 150.01 to 150.10 of the	63717
Revised Code if the taxpayer elected a nonrefundable credit under	63718
section 150.07 of the Revised Code;	63719

~~(20)~~(21) The credit for purchases of new manufacturing	63720
machinery and equipment under section 5747.26 or section 5747.261	63721
of the Revised Code;	63722

~~(21)~~(22) The second credit for purchases of new manufacturing	63723
machinery and equipment and the credit for using Ohio coal under	63724
section 5747.31 of the Revised Code;	63725

~~(22)~~(23) The job training credit under section 5747.39 of the	63726
Revised Code;	63727

~~(23)~~(24) The enterprise zone credit under section 5709.66 of	63728
the Revised Code;	63729

~~(24)~~(25) The credit for the eligible costs associated with a	63730
voluntary action under section 5747.32 of the Revised Code;	63731

~~(25)~~(26) The credit for employers that establish on-site	63732
child day-care centers under section 5747.35 of the Revised Code;	63733

~~(26)~~(27) The ethanol plant investment credit under section	63734
5747.75 of the Revised Code;	63735

~~(27)~~(28) The credit for purchases of qualifying grape	63736
production property under section 5747.28 of the Revised Code;	63737

~~(28)~~(29) The export sales credit under section 5747.057 of	63738
the Revised Code;	63739

~~(29)~~(30) The credit for research and development and	63740
technology transfer investors under section 5747.33 of the Revised	63741
Code;	63742

~~(30)~~(31) The enterprise zone credits under section 5709.65 of	63743
the Revised Code;	63744

~~(31)~~(32) The research and development credit under section	63745
5747.331 of the Revised Code;	63746

~~(32)~~(33) The refundable jobs creation credit under division	63747
(A) of section 5747.058 of the Revised Code;	63748

~~(33)~~(34) The refundable credit for taxes paid by a qualifying	63749
entity granted under section 5747.059 of the Revised Code;	63750

~~(34)~~(35) The refundable credits for taxes paid by a	63751
qualifying pass-through entity granted under division (J) of	63752
section 5747.08 of the Revised Code;	63753

~~(35)~~(36) The refundable credit for tax withheld under	63754
division (B)(1) of section 5747.062 of the Revised Code;	63755

~~(36)~~(37) The credit for losses on loans made to the Ohio	63756
venture capital program under sections 150.01 to 150.10 of the	63757
Revised Code if the taxpayer elected a refundable credit under	63758
section 150.07 of the Revised Code.	63759

(B) For any credit, except the credits enumerated in	63760
divisions (A)~~(32)~~(33) to ~~(36)~~(37) of this section and the credit	63761
granted under division (I) of section 5747.08 of the Revised Code,	63762
the amount of the credit for a taxable year shall not exceed the	63763
tax due after allowing for any other credit that precedes it in	63764
the order required under this section. Any excess amount of a	63765
particular credit may be carried forward if authorized under the	63766
section creating that credit. Nothing in this chapter shall be	63767
construed to allow a taxpayer to claim, directly or indirectly, a	63768
credit more than once for a taxable year.	63769

Sec. 5748.01. As used in this chapter:

63770

(A) "School district income tax" means an income tax adopted	63771
under one of the following:	63772

(1) Former section 5748.03 of the Revised Code as it existed	63773
prior to its repeal by Amended Substitute House Bill No. 291 of	63774
the 115th general assembly;	63775

(2) Section 5748.03 of the Revised Code as enacted in	63776
Substitute Senate Bill No. 28 of the 118th general assembly;	63777

(3) Section 5748.08 of the Revised Code as enacted in Amended	63778
Substitute Senate Bill No. 17 of the 122nd general assembly.	63779

(B) "Individual" means an individual subject to the tax	63780
levied by section 5747.02 of the Revised Code.	63781

(C) "Estate" means an estate subject to the tax levied by	63782
section 5747.02 of the Revised Code.	63783

(D) "Taxable year" means a taxable year as defined in	63784
division (M) of section 5747.01 of the Revised Code.	63785

(E) "Taxable income" means:

63786

(1) In the case of an individual, ~~adjusted~~one of the	63787
following, as specified in the resolution imposing the tax:	63788

(a) Ohio adjusted gross income for the taxable year as	63789
defined in division (A) of section 5747.01 of the Revised Code,	63790
less the exemptions provided by section 5747.02 of the Revised	63791
Code;	63792

(b) Wages, salaries, tips, and other employee compensation to	63793
the extent included in Ohio adjusted gross income as defined in	63794
section 5747.01 of the Revised Code, and net earnings from	63795
self-employment, as defined in section 1402(a) of the Internal	63796
Revenue Code, to the extent included in Ohio adjusted gross	63797
income.	63798

(2) In the case of an estate, taxable income for the taxable	63799
year as defined in division (S) of section 5747.01 of the Revised	63800
Code.	63801

(F) Except as provided in section 5747.25 of the Revised	63802
Code, "resident" of the school district means:	63803

(1) An individual who is a resident of this state as defined	63804
in division (I) of section 5747.01 of the Revised Code during all	63805
or a portion of the taxable year and who, during all or a portion	63806
of such period of state residency, is domiciled in the school	63807
district or lives in and maintains a permanent place of abode in	63808
the school district;	63809

(2) An estate of a decedent who, at the time of death, was	63810
domiciled in the school district.	63811

(G) "School district income" means:

63812

(1) With respect to an individual, the portion of the taxable	63813
income of an individual that is received by the individual during	63814
the portion of the taxable year that the individual is a resident	63815
of the school district and the school district income tax is in	63816
effect in that school district. An individual may have school	63817
district income with respect to more than one school district.	63818

(2) With respect to an estate, the taxable income of the	63819
estate for the portion of the taxable year that the school	63820
district income tax is in effect in that school district.	63821

(H) "Taxpayer" means an individual or estate having school	63822
district income upon which a school district income tax is	63823
imposed.	63824

(I) "School district purposes" means any of the purposes for	63825
which a tax may be levied pursuant to section 5705.21 of the	63826
Revised Code.	63827

Sec. 5748.02. (A) The board of education of any school	63828
district, except a joint vocational school district, may declare,	63829
by resolution, the necessity of raising annually a specified	63830
amount of money for school district purposes. The resolution shall	63831
specify whether the income that is to be subject to the tax is	63832
taxable income of individuals and estates as defined in divisions	63833
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	63834
taxable income of individuals as defined in division (E)(1)(b) of	63835
that section. A copy of the resolution shall be certified to the	63836
tax commissioner no later than eighty-five days prior to the date	63837
of the election at which the board intends to propose a levy under	63838
this section. Upon receipt of the copy of the resolution, the tax	63839
commissioner shall estimate both of the following:	63840

(1) The property tax rate that would have to be imposed in	63841
the current year by the district to produce an equivalent amount	63842
of money;	63843

(2) The income tax rate that would have had to have been in	63844
effect for the current year to produce an equivalent amount of	63845
money from a school district income tax.	63846

Within ten days of receiving the copy of the board's	63847
resolution, the commissioner shall prepare these estimates and	63848
certify them to the board. Upon receipt of the certification, the	63849
board may adopt a resolution proposing an income tax under	63850
division (B) of this section at the estimated rate contained in	63851
the certification rounded to the nearest one-fourth of one per	63852
cent. The commissioner's certification applies only to the board's	63853
proposal to levy an income tax at the election for which the board	63854
requested the certification. If the board intends to submit a	63855
proposal to levy an income tax at any other election, it shall	63856
request another certification for that election in the manner	63857
prescribed in this division.	63858

(B)(1) Upon the receipt of a certification from the tax	63859
commissioner under division (A) of this section, a majority of the	63860
members of a board of education may adopt a resolution proposing	63861
the levy of an annual tax for school district purposes on ~~the~~	63862
school district income ~~of individuals and of estates~~. The proposed	63863
levy may be for a continuing period of time or for a specified	63864
number of years. The resolution shall set forth the purpose for	63865
which the tax is to be imposed, the rate of the tax, which shall	63866
be the rate set forth in the commissioner's certification rounded	63867
to the nearest one-fourth of one per cent, the number of years the	63868
tax will be levied or that it will be levied for a continuing	63869
period of time, the date on which the tax shall take effect, which	63870
shall be the first day of January of any year following the year	63871
in which the question is submitted, and the date of the election	63872
at which the proposal shall be submitted to the electors of the	63873
district, which shall be on the date of a primary, general, or	63874
special election the date of which is consistent with section	63875
3501.01 of the Revised Code. The resolution shall specify whether	63876
the income that is to be subject to the tax is taxable income of	63877
individuals and estates as defined in divisions (E)(1)(a) and (2)	63878
of section 5748.01 of the Revised Code or taxable income of	63879
individuals as defined in division (E)(1)(b) of that section. The	63880
specification shall be the same as the specification in the	63881
resolution adopted and certified under division (A) of this	63882
section. If the board of education currently imposes an income tax	63883
pursuant to this chapter that is due to expire and a question is	63884
submitted under this section for a proposed income tax to take	63885
effect upon the expiration of the existing tax, the board may	63886
specify in the resolution that the proposed tax renews the	63887
expiring tax and is not an additional income tax, provided that	63888
the tax rate being proposed is no higher than the tax rate that is	63889
currently imposed.	63890

(2) A board of education adopting a resolution under division	63891
(B)(1) of this section proposing a school district income tax for	63892
a continuing period of time and limited to the purpose of current	63893
expenses may propose in that resolution to reduce the rate or	63894
rates of one or more of the school district's property taxes	63895
levied for a continuing period of time in excess of the ten-mill	63896
limitation for the purpose of current expenses. The reduction in	63897
the rate of a property tax may be any amount, expressed in mills	63898
per one dollar in valuation, not exceeding the rate at which the	63899
tax is authorized to be levied. The reduction in the rate of a tax	63900
shall first take effect for the tax year that includes the day on	63901
which the school district income tax first takes effect, and shall	63902
continue for each tax year that both the school district income	63903
tax and the property tax levy are in effect.	63904

In addition to the matters required to be set forth in the	63905
resolution under division (B)(1) of this section, a resolution	63906
containing a proposal to reduce the rate of one or more property	63907
taxes shall state for each such tax the maximum rate at which it	63908
currently may be levied and the maximum rate at which the tax	63909
could be levied after the proposed reduction, expressed in mills	63910
per one dollar in valuation, and that the tax is levied for a	63911
continuing period of time.	63912

If a board of education proposes to reduce the rate of one or	63913
more property taxes under division (B)(2) of this section, the	63914
board, when it makes the certification required under division (A)	63915
of this section, shall designate the specific levy or levies to be	63916
reduced, the maximum rate at which each levy currently is	63917
authorized to be levied, and the rate by which each levy is	63918
proposed to be reduced. The tax commissioner, when making the	63919
certification to the board under division (A) of this section,	63920
also shall certify the reduction in the total effective tax rate	63921
for current expenses for each class of property that would have	63922
resulted if the proposed reduction in the rate or rates had been	63923
in effect the previous tax year. As used in this paragraph,	63924
"effective tax rate" has the same meaning as in section 323.08 of	63925
the Revised Code.	63926

(C) A resolution adopted under division (B) of this section	63927
shall go into immediate effect upon its passage, and no	63928
publication of the resolution shall be necessary other than that	63929
provided for in the notice of election. Immediately after its	63930
adoption and at least seventy-five days prior to the election at	63931
which the question will appear on the ballot, a copy of the	63932
resolution shall be certified to the board of elections of the	63933
proper county, which shall submit the proposal to the electors on	63934
the date specified in the resolution. The form of the ballot shall	63935
be as provided in section 5748.03 of the Revised Code. Publication	63936
of notice of the election shall be made in one or more newspapers	63937
of general circulation in the county once a week for four	63938
consecutive weeks. The notice shall contain the time and place of	63939
the election and the question to be submitted to the electors. The	63940
question covered by the resolution shall be submitted as a	63941
separate proposition, but may be printed on the same ballot with	63942
any other proposition submitted at the same election, other than	63943
the election of officers.	63944

(D) No board of education shall submit the question of a tax	63945
on school district income to the electors of the district more	63946
than twice in any calendar year. If a board submits the question	63947
twice in any calendar year, one of the elections on the question	63948
shall be held on the date of the general election.	63949

Sec. 5748.03. (A) The form of the ballot on a question	63950
submitted to the electors under section 5748.02 of the Revised	63951
Code shall be as follows:	63952

"Shall an annual income tax of ....... (state the proposed	63953
rate of tax) on the school district income of individuals and of	63954
estates be imposed by ....... (state the name of the school	63955
district), for ....... (state the number of years the tax would be	63956
levied, or that it would be levied for a continuing period of	63957
time), beginning ....... (state the date the tax would first take	63958
effect), for the purpose of ...... (state the purpose of the tax)?	63959

63960

		FOR THE TAX			63961
		AGAINST THE TAX	"		63962

63963

(B)(1) If the question submitted to electors proposes a	63964
school district income tax only on the taxable income of	63965
individuals as defined in division (E)(1)(b) of section 5748.01 of	63966
the Revised Code, the form of the ballot shall be modified by	63967
stating that the tax is to be levied on the "earned income of	63968
individuals residing in the school district" in lieu of the	63969
"school district income of individuals and of estates."	63970

(2) If the question submitted to electors proposes to renew	63971
an expiring income tax, the ballot shall be modified by adding the	63972
following language immediately after the name of the school	63973
district that would impose the tax: "to renew an income tax	63974
expiring at the end of ........ (state the last year the existing	63975
income tax may be levied)."	63976

(3) If the question includes a proposal under division (B)(2)	63977
of section 5748.02 of the Revised Code to reduce the rate of one	63978
or more school district property taxes, the ballot shall state	63979
that the purpose of the school district income tax is for current	63980
expenses, and the form of the ballot shall be modified by adding	63981
the following language immediately after the statement of the	63982
purpose of the proposed income tax: ", and shall the rate of an	63983
existing tax on property, currently levied for the purpose of	63984
current expenses at the rate of ....... mills, be REDUCED to	63985
....... mills until any such time as the income tax is repealed."	63986
In lieu of "for the tax" and "against the tax," the phrases "for	63987
the issue" and "against the issue," respectively, shall be used.	63988
If a board of education proposes a reduction in the rates of more	63989
than one tax, the ballot language shall be modified accordingly to	63990
express the rates at which those taxes currently are levied and	63991
the rates to which the taxes will be reduced.	63992

(C) The board of elections shall certify the results of the	63993
election to the board of education and to the tax commissioner. If	63994
a majority of the electors voting on the question vote in favor of	63995
it, the income tax, the applicable provisions of Chapter 5747. of	63996
the Revised Code, and the reduction in the rate or rates of	63997
existing property taxes if the question included such a reduction	63998
shall take effect on the date specified in the resolution. If the	63999
question approved by the voters includes a reduction in the rate	64000
of a school district property tax, the board of education shall	64001
not levy the tax at a rate greater than the rate to which the tax	64002
is reduced, unless the school district income tax is repealed in	64003
an election under section 5748.04 of the Revised Code.	64004

(D) If the rate at which a property tax is levied and	64005
collected is reduced pursuant to a question approved under this	64006
section, the tax commissioner shall compute the percentage	64007
required to be computed for that tax under division (D) of section	64008
319.301 of the Revised Code each year the rate is reduced as if	64009
the tax had been levied in the preceding year at the rate at which	64010
it has been reduced. If the rate of a property tax increases due	64011
to the repeal of the school district income tax pursuant to	64012
section 5748.04 of the Revised Code, the tax commissioner, for the	64013
first year for which the rate increases, shall compute the	64014
percentage as if the tax in the preceding year had been levied at	64015
the rate at which the tax was authorized to be levied prior to any	64016
rate reduction.	64017

Sec. 5748.04. (A) The question of the repeal of a school	64018
district income tax levied for more than five years may be	64019
initiated not more than once in any five-year period by filing	64020
with the board of elections of the appropriate counties not later	64021
than seventy-five days before the general election in any year	64022
after the year in which it is approved by the electors a petition	64023
requesting that an election be held on the question. The petition	64024
shall be signed by qualified electors residing in the school	64025
district levying the income tax equal in number to ten per cent of	64026
those voting for governor at the most recent gubernatorial	64027
election.	64028

The board of elections shall determine whether the petition	64029
is valid, and if it so determines, it shall submit the question to	64030
the electors of the district at the next general election. The	64031
election shall be conducted, canvassed, and certified in the same	64032
manner as regular elections for county offices in the county.	64033
Notice of the election shall be published in a newspaper of	64034
general circulation in the district once a week for four	64035
consecutive weeks prior to the election, stating the purpose, the	64036
time, and the place of the election. The form of the ballot cast	64037
at the election shall be as follows:	64038

"Shall the annual income tax of ..... per cent, currently	64039
levied on the school district income of individuals and estates by	64040
.......... (state the name of the school district) for the purpose	64041
of .......... (state purpose of the tax), be repealed?	64042

64043

		For repeal of the income tax			64044
		Against repeal of the income tax	"		64045

64046

(B)(1) If the tax is imposed on taxable income as defined in	64047
division (E)(1)(b) of section 5748.01 of the Revised Code, the	64048
form of the ballot shall be modified by stating that the tax	64049
currently is levied on the "earned income of individuals residing	64050
in the school district" in lieu of the "school district income of	64051
individuals and estates."	64052

(2) If the rate of one or more property tax levies was	64053
reduced for the duration of the income tax levy pursuant to	64054
division (B)(2) of section 5748.02 of the Revised Code, the form	64055
of the ballot shall be modified by adding the following language	64056
immediately after "repealed": ", and shall the rate of an existing	64057
tax on property for the purpose of current expenses, which rate	64058
was reduced for the duration of the income tax, be INCREASED from	64059
..... mills to ..... mills per one dollar of valuation beginning	64060
in ..... (state the first year for which the rate of the property	64061
tax will increase)." In lieu of "for repeal of the income tax" and	64062
"against repeal of the income tax," the phrases "for the issue"	64063
and "against the issue," respectively, shall be substituted.	64064

(3) If the rate of more than one property tax was reduced for	64065
the duration of the income tax, the ballot language shall be	64066
modified accordingly to express the rates at which those taxes	64067
currently are levied and the rates to which the taxes would be	64068
increased.	64069

(C) The question covered by the petition shall be submitted	64070
as a separate proposition, but it may be printed on the same	64071
ballot with any other proposition submitted at the same election	64072
other than the election of officers. If a majority of the	64073
qualified electors voting on the question vote in favor of it, the	64074
result shall be certified immediately after the canvass by the	64075
board of elections to the board of education of the school	64076
district and the tax commissioner, who shall thereupon, after the	64077
current year, cease to levy the tax, except that if notes have	64078
been issued pursuant to section 5748.05 of the Revised Code the	64079
tax commissioner shall continue to levy and collect under	64080
authority of the election authorizing the levy an annual amount,	64081
rounded upward to the nearest one-fourth of one per cent, as will	64082
be sufficient to pay the debt charges on the notes as they fall	64083
due.	64084

(D) If a school district income tax repealed pursuant to this	64085
section was approved in conjunction with a reduction in the rate	64086
of one or more school district property taxes as provided in	64087
division (B)(2) of section 5748.02 of the Revised Code, then each	64088
such property tax may be levied after the current year at the rate	64089
at which it could be levied prior to the reduction, subject to any	64090
adjustments required by the county budget commission pursuant to	64091
Chapter 5705. of the Revised Code. Upon the repeal of a school	64092
district income tax under this section, the board of education may	64093
resume levying a property tax, the rate of which has been reduced	64094
pursuant to a question approved under section 5748.02 of the	64095
Revised Code, at the rate the board originally was authorized to	64096
levy the tax. A reduction in the rate of a property tax under	64097
section 5748.02 of the Revised Code is a reduction in the rate at	64098
which a board of education may levy that tax only for the period	64099
during which a school district income tax is levied prior to any	64100
repeal pursuant to this section. The resumption of the authority	64101
to levy the tax upon such a repeal does not constitute a tax	64102
levied in excess of the one per cent limitation prescribed by	64103
Section 2 of Article XII, Ohio Constitution, or in excess of the	64104
ten-mill limitation.	64105

(E) This section does not apply to school district income tax	64106
levies that are levied for five or fewer years.	64107

Sec. 5748.08. (A) The board of education of a city, local,	64108
or exempted village school district, at any time by a vote of	64109
two-thirds of all its members, may declare by resolution that it	64110
may be necessary for the school district to do all of the	64111
following:	64112

(1) Raise a specified amount of money for school district	64113
purposes by levying an annual tax on ~~the~~ school district income of	64114
~~individuals and estates~~;	64115

(2) Issue general obligation bonds for permanent	64116
improvements, stating in the resolution the necessity and purpose	64117
of the bond issue and the amount, approximate date, estimated rate	64118
of interest, and maximum number of years over which the principal	64119
of the bonds may be paid;	64120

(3) Levy a tax outside the ten-mill limitation to pay debt	64121
charges on the bonds and any anticipatory securities;	64122

(4) Submit the question of the school district income tax and	64123
bond issue to the electors of the district at a special election.	64124

The resolution shall specify whether the income that is to be	64125
subject to the tax is taxable income of individuals and estates as	64126
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the	64127
Revised Code or taxable income of individuals as defined in	64128
division (E)(1)(b) of that section.	64129

On adoption of the resolution, the board shall certify a copy	64130
of it to the tax commissioner and the county auditor no later than	64131
ninety days prior to the date of the special election at which the	64132
board intends to propose the income tax and bond issue. Not later	64133
than ten days of receipt of the resolution, the tax commissioner,	64134
in the same manner as required by division (A) of section 5748.02	64135
of the Revised Code, shall estimate the rates designated in	64136
division (A)(1) and (2) of that section and certify them to the	64137
board. Not later than ten days of receipt of the resolution, the	64138
county auditor shall estimate and certify to the board the average	64139
annual property tax rate required throughout the stated maturity	64140
of the bonds to pay debt charges on the bonds, in the same manner	64141
as under division (C) of section 133.18 of the Revised Code.	64142

(B) On receipt of the tax commissioner's and county auditor's	64143
certifications prepared under division (A) of this section, the	64144
board of education of the city, local, or exempted village school	64145
district, by a vote of two-thirds of all its members, may adopt a	64146
resolution proposing for a specified number of years or for a	64147
continuing period of time the levy of an annual tax for school	64148
district purposes on ~~the~~ school district income ~~of individuals and~~	64149
~~of estates~~ and declaring that the amount of taxes that can be	64150
raised within the ten-mill limitation will be insufficient to	64151
provide an adequate amount for the present and future requirements	64152
of the school district; that it is necessary to issue general	64153
obligation bonds of the school district for specified permanent	64154
improvements and to levy an additional tax in excess of the	64155
ten-mill limitation to pay the debt charges on the bonds and any	64156
anticipatory securities; and that the question of the bonds and	64157
taxes shall be submitted to the electors of the school district at	64158
a special election, which shall not be earlier than seventy-five	64159
days after certification of the resolution to the board of	64160
elections, and the date of which shall be consistent with section	64161
3501.01 of the Revised Code. The resolution shall specify all of	64162
the following:	64163

(1) The purpose for which the school district income tax is	64164
to be imposed and the rate of the tax, which shall be the rate set	64165
forth in the tax commissioner's certification rounded to the	64166
nearest one-fourth of one per cent;	64167

(2) Whether the income that is to be subject to the tax is	64168
taxable income of individuals and estates as defined in divisions	64169
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	64170
taxable income of individuals as defined in division (E)(1)(b) of	64171
that section. The specification shall be the same as the	64172
specification in the resolution adopted and certified under	64173
division (A) of this section.	64174

(3) The number of years the tax will be levied, or that it	64175
will be levied for a continuing period of time;	64176

~~(3)~~(4) The date on which the tax shall take effect, which	64177
shall be the first day of January of any year following the year	64178
in which the question is submitted;	64179

~~(4)~~(5) The county auditor's estimate of the average annual	64180
property tax rate required throughout the stated maturity of the	64181
bonds to pay debt charges on the bonds.	64182

(C) A resolution adopted under division (B) of this section	64183
shall go into immediate effect upon its passage, and no	64184
publication of the resolution shall be necessary other than that	64185
provided for in the notice of election. Immediately after its	64186
adoption and at least seventy-five days prior to the election at	64187
which the question will appear on the ballot, the board of	64188
education shall certify a copy of the resolution, along with	64189
copies of the auditor's estimate and its resolution under division	64190
(A) of this section, to the board of elections of the proper	64191
county. The board of education shall make the arrangements for the	64192
submission of the question to the electors of the school district,	64193
and the election shall be conducted, canvassed, and certified in	64194
the same manner as regular elections in the district for the	64195
election of county officers.	64196

The resolution shall be put before the electors as one ballot	64197
question, with a majority vote indicating approval of the school	64198
district income tax, the bond issue, and the levy to pay debt	64199
charges on the bonds and any anticipatory securities. The board of	64200
elections shall publish the notice of the election in one or more	64201
newspapers of general circulation in the school district once a	64202
week for four consecutive weeks. The notice of election shall	64203
state all of the following:	64204

(1) The questions to be submitted to the electors;

64205

(2) The rate of the school district income tax;

64206

(3) The principal amount of the proposed bond issue;

64207

(4) The permanent improvements for which the bonds are to be	64208
issued;	64209

(5) The maximum number of years over which the principal of	64210
the bonds may be paid;	64211

(6) The estimated additional average annual property tax rate	64212
to pay the debt charges on the bonds, as certified by the county	64213
auditor;	64214

(7) The time and place of the special election.

64215

(D) The form of the ballot on a question submitted to the	64216
electors under this section shall be as follows:	64217

"Shall the ........ school district be authorized to do both	64218
of the following:	64219

(1) Impose an annual income tax of ...... (state the proposed	64220
rate of tax) on the school district income of individuals and of	64221
estates, for ........ (state the number of years the tax would be	64222
levied, or that it would be levied for a continuing period of	64223
time), beginning ........ (state the date the tax would first take	64224
effect), for the purpose of ........ (state the purpose of the	64225
tax)?	64226

(2) Issue bonds for the purpose of ....... in the principal	64227
amount of $......, to be repaid annually over a maximum period of	64228
....... years, and levy a property tax outside the ten-mill	64229
limitation estimated by the county auditor to average over the	64230
bond repayment period ....... mills for each one dollar of tax	64231
valuation, which amounts to ....... (rate expressed in cents or	64232
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	64233
tax valuation, to pay the annual debt charges on the bonds, and to	64234
pay debt charges on any notes issued in anticipation of those	64235
bonds?	64236

64237

		FOR THE INCOME TAX AND BOND ISSUE			64238
		AGAINST THE INCOME TAX AND BOND ISSUE	"		64239

64240

(E) If the question submitted to electors proposes a school	64241
district income tax only on the taxable income of individuals as	64242
defined in division (E)(1)(b) of section 5748.01 of the Revised	64243
Code, the form of the ballot shall be modified by stating that the	64244
tax is to be levied on the "earned income of individuals residing	64245
in the school district" in lieu of the "school district income of	64246
individuals and of estates."	64247

~~(E)~~(F) The board of elections promptly shall certify the	64248
results of the election to the tax commissioner and the county	64249
auditor of the county in which the school district is located. If	64250
a majority of the electors voting on the question vote in favor of	64251
it, the income tax and the applicable provisions of Chapter 5747.	64252
of the Revised Code shall take effect on the date specified in the	64253
resolution, and the board of education may proceed with issuance	64254
of the bonds and with the levy and collection of the property	64255
taxes to pay debt charges on the bonds, at the additional rate or	64256
any lesser rate in excess of the ten-mill limitation. Any	64257
securities issued by the board of education under this section are	64258
Chapter 133. securities, as that term is defined in section 133.01	64259
of the Revised Code.	64260

~~(F)~~(G) After approval of a question under this section, the	64261
board of education may anticipate a fraction of the proceeds of	64262
the school district income tax in accordance with section 5748.05	64263
of the Revised Code. Any anticipation notes under this division	64264
shall be issued as provided in section 133.24 of the Revised Code,	64265
shall have principal payments during each year after the year of	64266
their issuance over a period not to exceed five years, and may	64267
have a principal payment in the year of their issuance.	64268

~~(G)~~(H) The question of repeal of a school district income tax	64269
levied for more than five years may be initiated and submitted in	64270
accordance with section 5748.04 of the Revised Code.	64271

~~(H)~~(I) No board of education shall submit a question under	64272
this section to the electors of the school district more than	64273
twice in any calendar year. If a board submits the question twice	64274
in any calendar year, one of the elections on the question shall	64275
be held on the date of the general election.	64276

Sec. 5749.02. (A) For the purpose of providing revenue to	64277
administer the state's coal mining and reclamation regulatory	64278
program, to meet the environmental and resource management needs	64279
of this state, and to reclaim land affected by mining, an excise	64280
tax is hereby levied on the privilege of engaging in the severance	64281
of natural resources from the soil or water of this state. The tax	64282
shall be imposed upon the severer and shall be:	64283

(1) Seven cents per ton of coal;

64284

(2) Four cents per ton of salt;

64285

(3) Two cents per ton of limestone or dolomite;

64286

(4) Two cents per ton of sand and gravel;

64287

(5) Ten cents per barrel of oil;

64288

(6) Two and one-half cents per thousand cubic feet of natural	64289
gas;	64290

(7) One cent per ton of clay, sandstone or conglomerate,	64291
shale, gypsum, or quartzite.	64292

(B) Of the moneys received by the treasurer of state from the	64293
tax levied in division (A)(1) of this section, six and	64294
three-tenths per cent shall be credited to the geological mapping	64295
fund created in section 1505.09 of the Revised Code, fourteen and	64296
two-tenths per cent shall be credited to the reclamation	64297
forfeiture fund created in section 1513.18 of the Revised Code,	64298
fifty-seven and nine-tenths per cent shall be credited to the coal	64299
mining administration and reclamation reserve fund created in	64300
section 1513.181 of the Revised Code, and the remainder shall be	64301
credited to the unreclaimed lands fund created in section 1513.30	64302
of the Revised Code. When, at any time during a fiscal year, the	64303
chief of the division of mineral resources management finds that	64304
the balance of the coal mining administration and reclamation	64305
reserve fund is below two million dollars, the chief shall certify	64306
that fact to the director of budget and management. Upon receipt	64307
of the chief's certification, the director shall direct the	64308
~~treasurer of state~~tax commissioner to instead credit to the coal	64309
mining administration and reclamation reserve fund during the	64310
remainder of the fiscal year for which the certification is made	64311
the fourteen and two-tenths per cent of the moneys collected from	64312
the tax levied in division (A)(1) of this section and otherwise	64313
required by this division to be credited to the reclamation	64314
forfeiture fund.	64315

Fifteen per cent of the moneys received by the treasurer of	64316
state from the tax levied in division (A)(2) of this section shall	64317
be credited to the geological mapping fund and the remainder shall	64318
be credited to the unreclaimed lands fund.	64319

Of the moneys received by the treasurer of state from the tax	64320
levied in divisions (A)(3) and (4) of this section, seven and	64321
five-tenths per cent shall be credited to the geological mapping	64322
fund, forty-two and five-tenths per cent shall be credited to the	64323
unreclaimed lands fund, and the remainder shall be credited to the	64324
surface mining fund created in section 1514.06 of the Revised	64325
Code.	64326

Of the moneys received by the treasurer of state from the tax	64327
levied in divisions (A)(5) and (6) of this section, ninety per	64328
cent shall be credited to the oil and gas well fund created in	64329
section 1509.02 of the Revised Code and ten per cent shall be	64330
credited to the geological mapping fund. All of the moneys	64331
received by the treasurer of state from the tax levied in division	64332
(A)(7) of this section shall be credited to the surface mining	64333
fund.	64334

(C) For the purpose of paying the state's expenses for	64335
reclaiming mined lands that the operator failed to reclaim under a	64336
coal mining and reclamation permit issued under Chapter 1513. of	64337
the Revised Code, or under a surface mining permit issued under	64338
Chapter 1514. of the Revised Code, for which the operator's bond	64339
is not sufficient to pay the state's expense for reclamation,	64340
there is hereby levied an excise tax on the privilege of engaging	64341
in the severance of coal from the soil or water of this state in	64342
addition to the taxes levied by divisions (A)(1) and (D) of this	64343
section. The tax shall be imposed at the rate of one cent per ton	64344
of coal. Moneys received by the treasurer of state from the tax	64345
levied under this division shall be credited to the reclamation	64346
forfeiture fund created in section 1513.18 of the Revised Code.	64347

(D) For the purpose of paying the state's expenses for	64348
reclaiming coal mined lands that the operator failed to reclaim in	64349
accordance with Chapter 1513. of the Revised Code under a coal	64350
mining and reclamation permit issued after April 10, 1972, but	64351
before September 1, 1981, for which the operator's bond is not	64352
sufficient to pay the state's expense for reclamation and paying	64353
the expenses for administering the state's coal mining and	64354
reclamation regulatory program, there is hereby levied an excise	64355
tax on the privilege of engaging in the severance of coal from the	64356
soil or water of this state in addition to the taxes levied by	64357
divisions (A)(1) and (C) of this section. The tax shall be imposed	64358
at the rate of one cent per ton of coal as prescribed in this	64359
division. Moneys received by the treasurer of state from the tax	64360
levied by this division shall be credited to the reclamation	64361
forfeiture fund created in section 1513.18 of the Revised Code.	64362

When, at the close of any fiscal year, the chief finds that	64363
the balance of the reclamation forfeiture fund, plus estimated	64364
transfers to it from the coal mining and reclamation reserve fund	64365
under section 1513.181 of the Revised Code, plus the estimated	64366
revenues from the tax levied by this division for the remainder of	64367
the calendar year that includes the close of the fiscal year, are	64368
sufficient to complete the reclamation of such lands, the purposes	64369
for which the tax under this division is levied shall be deemed	64370
accomplished at the end of that calendar year. The chief, within	64371
thirty days after the close of the fiscal year, shall certify	64372
those findings to the tax commissioner, and the tax shall cease to	64373
be imposed after the last day of that calendar year.	64374

(E) On the day fixed for the payment of the severance taxes	64375
required to be paid by this section, the taxes with any penalties	64376
or interest on them shall become a lien on all property of the	64377
taxpayer in this state whether the property is employed by the	64378
taxpayer in the prosecution of its business or is in the hands of	64379
an assignee, trustee, or receiver for the benefit of creditors or	64380
stockholders. The lien shall continue until the taxes and any	64381
penalties or interest thereon are paid.	64382

Upon failure of the taxpayer to pay a tax on the day fixed	64383
for payment, the tax commissioner may file, for which no filing	64384
fee shall be charged, in the office of the county recorder in each	64385
county in this state in which the taxpayer owns or has a	64386
beneficial interest in real estate, notice of the lien containing	64387
a brief description of the real estate. The lien shall not be	64388
valid as against any mortgagee, purchaser, or judgment creditor	64389
whose rights have attached prior to the time the notice is filed	64390
in the county in which the real estate that is the subject of the	64391
mortgage, purchase, or judgment lien is located. The notice shall	64392
be recorded in a book kept by the recorder called the "severance	64393
tax lien record" and indexed under the name of the taxpayer	64394
charged with the tax. When the tax has been paid, the tax	64395
commissioner shall furnish to the taxpayer an acknowledgement of	64396
payment, which the taxpayer may record with the recorder of each	64397
county in which notice of the lien has been filed.	64398

Sec. 5751.01. As used in this chapter:

64399

(A) "Person" means, but is not limited to, individuals,	64400
combinations of individuals of any form, receivers, assignees,	64401
trustees in bankruptcy, firms, companies, joint-stock companies,	64402
business trusts, estates, partnerships, limited liability	64403
partnerships, limited liability companies, associations, joint	64404
ventures, clubs, societies, for-profit and nonprofit corporations,	64405
S corporations, qualified subchapter S subsidiaries, qualified	64406
subchapter S trusts, trusts, entities that are disregarded for	64407
federal income tax purposes, and any other entities. "Person" does	64408
not include the state, its agencies, and its political	64409
subdivisions.	64410

(B) "Consolidated elected taxpayer" means a group of two or	64411
more persons treated as a single taxpayer for purposes of this	64412
chapter as the result of an election made under section 5751.011	64413
of the Revised Code.	64414

(C) "Combined taxpayer" means a group of two or more persons	64415
treated as a single taxpayer for purposes of this chapter under	64416
section 5751.012 of the Revised Code.	64417

(D) "Taxpayer" means any person, or any group of persons in	64418
the case of a consolidated elected taxpayer or combined taxpayer	64419
treated as one taxpayer, required to register or pay tax under	64420
this chapter. "Taxpayer" does not include excluded persons.	64421

(E) "Excluded person" means any of the following:

64422

(1) Any person with not more than forty thousand dollars of	64423
taxable gross receipts during the tax year. Division (E)(1) of	64424
this section does not apply to a person that is a member of a	64425
group that is a consolidated elected taxpayer or a combined	64426
taxpayer;	64427

(2) A public utility, as defined in division (A) of section	64428
5727.01 of the Revised Code, that paid the excise tax imposed by	64429
section 5727.24 or 5727.30 of the Revised Code based on one or	64430
more measurement periods that include the entire tax year under	64431
this chapter, except that a public utility that is a combined	64432
company is a taxpayer with regard to the following gross receipts:	64433

(a) Taxable gross receipts directly attributed to the	64434
activity of an electric company, a rural electric company, or any	64435
other activity other than the activity of a heating company or	64436
natural gas company;	64437

(b) Taxable gross receipts that cannot be directly attributed	64438
to any activity, multiplied by a fraction whose numerator is the	64439
taxable gross receipts described in division (E)(2)(a) of this	64440
section and whose denominator is the total taxable gross receipts	64441
that can be directly attributed to any activity;	64442

(c) Except for any differences resulting from the use of an	64443
accrual basis method of accounting for purposes of determining	64444
gross receipts under this chapter and the use of the cash basis	64445
method of accounting for purposes of determining gross receipts	64446
under section 5727.24 of the Revised Code, the gross receipts	64447
directly attributed to the activity of a natural gas company shall	64448
be determined in a manner consistent with division (D) of section	64449
5727.03 of the Revised Code.	64450

As used in division (E)(2) of this section, "combined	64451
company," "electric company," "heating company," "natural gas	64452
company," and "rural electric company" have the same meanings as	64453
in section 5727.01 of the Revised Code.	64454

(3) A financial institution, as defined in section 5725.01 of	64455
the Revised Code, that paid the corporation franchise tax charged	64456
by division (D) of section 5733.06 of the Revised Code based on	64457
one or more taxable years that include the entire tax year under	64458
this chapter;	64459

(4) A dealer in intangibles, as defined in section 5725.01 of	64460
the Revised Code, that paid the dealer in intangibles tax levied	64461
by division (D) of section 5707.03 of the Revised Code based on	64462
one or more measurement periods that include the entire tax year	64463
under this chapter;	64464

(5) A financial holding company as defined in the "Bank	64465
Holding Company Act," 12 U.S.C. 1841(p);	64466

(6) A bank holding company as defined in the "Bank Holding	64467
Company Act," 12 U.S.C. 1841(a);	64468

(7) A savings and loan holding company as defined in the	64469
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D);	64470

(8) A financial services company, which, for the purposes of	64471
this chapter and Chapter 5733. of the Revised Code, is a person	64472
directly or indirectly subject to supervision, regulation, or	64473
review by the federal reserve board, the comptroller of the	64474
currency, the office of thrift supervision in the United States	64475
department of the treasury, or the division of financial	64476
institutions in the department of commerce;	64477

(9) A person directly or indirectly majority-owned or	64478
controlled by a financial institution, financial holding company,	64479
bank holding company, savings and loan holding company, financial	64480
services company, or insurance company described in division	64481
(E)(3), (5), (6), (7), (8), or (10) of this section;	64482

(10) A domestic insurance company or foreign insurance	64483
company, as defined in section 5725.01 of the Revised Code, that	64484
paid the insurance company premiums tax imposed by section 5725.18	64485
or Chapter 5729. of the Revised Code based on one or more	64486
measurement periods that include the entire tax year under this	64487
chapter;	64488

(11) A person that was formed or otherwise came into	64489
existence with the purpose of facilitating a securitization or	64490
similar transaction or series of transactions for or by any person	64491
described in division (E)(3), (5), (6), (7), (8), (9), or (10) of	64492
this section.	64493

(F) "Gross receipts" means the total amount realized on sales	64494
by a person, without deduction for the cost of goods sold or other	64495
expenses incurred, in a transaction or transactions that	64496
contribute to the production of gross income of the person,	64497
including the fair market value of any property and any services	64498
received, and any debt transferred or forgiven as consideration,	64499
and including the total amount realized with regard to unrelated	64500
business income of tax-exempt organizations under the Internal	64501
Revenue Code.	64502

(1) The following are examples of gross receipts:

64503

(a) Amounts realized from the sale, exchange, or other	64504
disposition of the taxpayer's property to or with another;	64505

(b) Amounts realized from the taxpayer's performance of	64506
services for another;	64507

(c) Amounts realized from another's use or possession of the	64508
taxpayer's property or capital;	64509

(d) Amounts realized with regard to the taxpayer's unrelated	64510
business income;	64511

(e) Any combination of the foregoing amounts.

64512

(2) "Gross receipts" excludes the following amounts:

64513

(a) Interest income except interest on credit sales;

64514

(b) Dividend income, distributions received, and distributive	64515
or proportionate shares of a pass-through entity as defined under	64516
section 5733.04 of the Revised Code;	64517

(c) Receipts from the sale, exchange, or other disposition of	64518
an asset described in section 1221 or 1231 of the Internal Revenue	64519
Code, without regard to the length of time the person held the	64520
asset;	64521

(d) Proceeds received attributable to the repayment,	64522
maturity, or redemption of the principal of a loan, bond, mutual	64523
fund, certificate of deposit, or marketable instrument;	64524

(e) The principal amount received under a repurchase	64525
agreement or on account of any transaction properly characterized	64526
as a loan to the person;	64527

(f) Contributions received by a trust, plan, or other	64528
arrangement, any of which is described in section 501(a) of the	64529
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	64530
1, Subchapter (D) of the Internal Revenue Code applies;	64531

(g) Compensation, whether current or deferred, and whether in	64532
cash or in kind, received or to be received by an employee for	64533
services rendered to or for an employer, including reimbursements	64534
received by or for an individual for medical or education	64535
expenses, health insurance premiums, or employee expenses, or on	64536
account of a dependent care spending account, legal services plan,	64537
any cafeteria plan described in section 125 of the Internal	64538
Revenue Code, or any similar employee reimbursement;	64539

(h) Proceeds received from the issuance of the taxpayer's own	64540
stock, options, warrants, puts, or calls, or from the sale of the	64541
person's treasury stock;	64542

(i) Proceeds received on the account of payments from life	64543
insurance policies;	64544

(j) Gifts or charitable contributions received, membership	64545
dues received, and payments received for educational courses,	64546
meetings, meals, or similar payments to a trade, professional, or	64547
other similar association; fundraising receipts received by any	64548
person when any excess receipts are donated or used exclusively	64549
for charitable purposes; and proceeds received by a nonprofit	64550
organization except those proceeds realized with regard to its	64551
unrelated business income;	64552

(k) Damages received as the result of litigation in excess of	64553
amounts that, if received without litigation, would be gross	64554
receipts;	64555

(l) Property, money, and other amounts received or acquired	64556
by an agent on behalf of another in excess of the agent's	64557
commission, fee, or other remuneration;	64558

(m) Tax refunds and other tax benefit recoveries;

64559

(n) Pension reversions;

64560

(o) Contributions to capital;

64561

(p) Sales or use taxes collected as a vendor or an	64562
out-of-state seller on behalf of the taxing jurisdiction from a	64563
consumer;	64564

(q) In the case of receipts from the sale of cigarettes or	64565
tobacco products by a wholesale dealer, retail dealer,	64566
distributor, manufacturer, or seller, all as defined in section	64567
5743.01 of the Revised Code, an amount equal to the federal and	64568
state excise taxes paid by any person on or for such cigarettes or	64569
tobacco products under subtitle E of the Internal Revenue Code or	64570
Chapter 5743. of the Revised Code;	64571

(r) In the case of receipts from the sale of motor fuel by a	64572
licensed motor fuel dealer, licensed retail dealer, or licensed	64573
permissive motor fuel dealer, all as defined in section 5735.01 of	64574
the Revised Code, an amount equal to federal and state excise	64575
taxes paid by any person on such motor fuel under section 4081 of	64576
the Internal Revenue Code or Chapter 5735. of the Revised Code;	64577

(s) In the case of receipts from the sale of beer or	64578
intoxicating liquor, as defined in section 4301.01 of the Revised	64579
Code, by a person holding a permit issued under Chapter 4301. or	64580
4303. of the Revised Code or by a person acting as an agent under	64581
section 4301.17 of the Revised Code, an amount equal to federal	64582
and state excise taxes paid by any person on or for such beer or	64583
intoxicating liquor under subtitle E of the Internal Revenue Code	64584
or Chapter 4301. or 4305. of the Revised Code;	64585

(t) Receipts from the sale of spirituous liquor, as defined	64586
in section 4301.01 of the Revised Code, by a person acting as an	64587
agent of the division of liquor control under section 4301.17 of	64588
the Revised Code in excess of the compensation paid to the agent	64589
pursuant to that section;	64590

(u) Amounts received as pari-mutuel wagers that are received,	64591
facilitated, managed, controlled, or otherwise effectuated by a	64592
person holding a valid permit to conduct horse racing meetings	64593
under Chapter 3769. of the Revised Code or by a person that is not	64594
located in this state but is otherwise licensed by and registered	64595
with the state racing commission.	64596

(v) Amounts received from the sale of Ohio lottery tickets by	64597
a lottery sales agent holding a valid license issued under section	64598
3770.05 of the Revised Code in excess of any bonus, commission, or	64599
reimbursement payable to the sales agent;	64600

(w) Amounts received by an authorized agent of the chief of	64601
the division of wildlife from issuing licenses and permits under	64602
section 1533.13 of the Revised Code in excess of the fees charged	64603
and collected by the authorized agent for taking affidavits and	64604
issuing such licenses and permits.	64605

(x) Receipts realized by a motor vehicle dealer, as defined	64606
in section 4501.01 of the Revised Code, from the sale or other	64607
transfer of a motor vehicle, as defined in that section, to	64608
another motor vehicle dealer for the purpose of resale by the	64609
transferee motor vehicle dealer.	64610

(y) Any receipts for which the tax imposed by this chapter is	64611
prohibited by the constitution or laws of the United States or the	64612
constitution of this state.	64613

(3) "Gross receipts" excludes amounts received or recorded on	64614
the taxpayer's books and records relating to transactions between	64615
an electric company and a regional transmission organization that	64616
are mandated by the federal energy regulatory commission, even if	64617
such amounts are received in the ordinary course of the taxpayer's	64618
trade or business and are a form of payment for a transaction	64619
listed in division (F)(1) of this section.	64620

(4) In the case of a taxpayer that is a real estate broker,	64621
"gross receipts" includes only the portion of any fee for the	64622
service of a real estate broker, or service of a real estate	64623
salesperson associated with that broker, that is retained by the	64624
broker and not paid to an associated real estate salesperson or	64625
another real estate broker. For the purposes of this division,	64626
"real estate broker" and "real estate salesperson" have the same	64627
meanings as in section 4735.01 of the Revised Code.	64628

(5) A taxpayer's method of accounting for gross receipts for	64629
a tax period shall be the same as the taxpayer's method of	64630
accounting for federal income tax purposes for the taxpayer's	64631
federal taxable year that includes the tax period. If a taxpayer's	64632
method of accounting for federal income tax purposes changes, its	64633
method of accounting for gross receipts under this chapter shall	64634
be changed accordingly.	64635

In calculating gross receipts, the following shall be	64636
deducted:	64637

(a) Cash discounts allowed and taken;

64638

(b) Returns and allowances;

64639

(c) Bad debts from receipts upon which the tax imposed by	64640
this chapter was paid in a prior quarterly tax payment period. For	64641
the purposes of this division, "bad debts" mean any debts that	64642
have become worthless or uncollectible between the preceding and	64643
current quarterly tax payment periods, have been uncollected for	64644
at least six months, and may be claimed as a deduction under	64645
section 126 of the Internal Revenue Code and the regulations	64646
adopted pursuant thereto, or that could be claimed as such if the	64647
taxpayer kept its accounts on the accrual basis. "Bad debts" does	64648
not include uncollectible amounts on property that remains in the	64649
possession of the taxpayer until the full purchase price is paid,	64650
expenses in attempting to collect any account receivable or for	64651
any portion of the debt recovered, and repossessed property;	64652

(d) Any amount realized from the sale of an account	64653
receivable but only to the extent the receipts from the underlying	64654
transaction giving rise to the account receivable were included in	64655
the gross receipts of the taxpayer.	64656

(G) "Taxable gross receipts" means gross receipts sitused to	64657
this state under section 5751.03 of the Revised Code.	64658

(H) A person has "substantial nexus with this state" if any	64659
of the following applies. The person:	64660

(1) Owns or uses a part or all of its capital in this state;

64661

(2) Holds a certificate of compliance with the laws of this	64662
state authorizing the person to do business in this state;	64663

(3) Owns or leases property in this state;

64664

(4) Has one or more individuals performing services in this	64665
state;	64666

(5) Otherwise has nexus with this state to an extent that the	64667
person can be required to remit the tax imposed under this chapter	64668
under the constitution of the United States.	64669

(I) "Tangible personal property" has the same meaning as in	64670
section 5739.01 of the Revised Code.	64671

(J) "Internal Revenue Code" means the Internal Revenue Code	64672
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	64673
this chapter that is not otherwise defined has the same meaning as	64674
when used in a comparable context in the laws of the United States	64675
relating to federal income taxes unless a different meaning is	64676
clearly required. Any reference in this chapter to the Internal	64677
Revenue Code includes other laws of the United States relating to	64678
federal income taxes.	64679

(K) "Quarterly tax reporting period" means a three-month	64680
period ending on the thirty-first day of March, the thirtieth day	64681
of June, the thirtieth day of September, or the thirty-first day	64682
of December.	64683

(L) "Tax year" means the calendar year on the basis of which	64684
a taxpayer is required to pay the tax imposed under this chapter.	64685

Sec. 5751.011. (A) A group of two or more persons may elect	64686
to be a consolidated elected taxpayer for the purposes of this	64687
chapter if the group satisfies all of the following requirements:	64688

(1) The group includes all persons, other than persons	64689
enumerated in divisions (E)(2) to (11) of section 5751.01 of the	64690
Revised Code, having at least fifty per cent of the value of their	64691
ownership interests owned or controlled, directly or	64692
constructively through related interests, by common owners;	64693

(2) The group applies to the tax commissioner for approval to	64694
be treated as a consolidated elected taxpayer pursuant to division	64695
(D) of this section;	64696

(3) The group agrees that if the commissioner approves the	64697
election, all of the following apply:	64698

(a) The group shall file reports as a single taxpayer for at	64699
least the two tax years following the election so long at least	64700
two or more of the members of the group meet the requirements of	64701
division (B)(1) of this section.	64702

(b) Before the expiration of the second such tax year, the	64703
group shall notify the commissioner if it elects to cancel its	64704
designation as a consolidated elected taxpayer. If the group does	64705
not so notify the tax commissioner, the election remains in effect	64706
for another two tax years.	64707

(c) If, at any time during the tax years covered by the	64708
election, a former member of the group no longer meets the	64709
requirements under division (A)(1) of this section, that member	64710
shall report and pay the tax imposed under this chapter	64711
separately, as a member of a combined taxpayer, or, if the former	64712
member satisfies such requirements with respect to another	64713
consolidated elected group, as a member of that consolidated	64714
elected group.	64715

(d) The group agrees to the application of division (B) of	64716
this section.	64717

(B) A group of persons making the election under this section	64718
shall report and pay tax on all of the group's taxable gross	64719
receipts even if substantial nexus with this state does not exist	64720
for one or more persons in the group.	64721

(C)(1) A consolidated elected taxpayer shall exclude taxable	64722
gross receipts between its members. Except as provided in division	64723
(C)(2) of this section, nothing in this section shall have the	64724
effect of excluding taxable gross receipts received from persons	64725
that are not members of the group.	64726

(2) Gross receipts related to the sale or transmission of	64727
electricity through the use of an intermediary regional	64728
transmission organization approved by the federal energy	64729
regulatory commission shall be excluded from taxable gross	64730
receipts under division (C)(1) of this section if all other	64731
requirements of that division are met, even if the receipts are	64732
from and to the same member of the group.	64733

(D) To make the election to be a consolidated elected	64734
taxpayer, a group of persons shall apply to the tax commissioner	64735
and pay the commissioner a registration fee equal to the lesser of	64736
two hundred dollars or twenty dollars for each person in the	64737
group. No additional fee shall be imposed for the addition of new	64738
members to the group once the group has remitted a fee in the	64739
amount of two hundred dollars. The application shall be filed and	64740
the fee paid before the later of the beginning of the first tax	64741
year to which the election applies or November 15, 2005. The fee	64742
shall be collected and used in the same manner as provided in	64743
section 5751.05 of the Revised Code.	64744

The election shall be made on a form prescribed by the tax	64745
commissioner for that purpose and shall be signed by one or more	64746
individuals with authority, separately or together, to make a	64747
binding election on behalf of all persons in the group. The tax	64748
commissioner shall approve a group's election if the group	64749
satisfies the requirements of division (A) of this section.	64750

Any person acquired or formed after the filing of the	64751
registration shall be included in the group, and the group shall	64752
notify the tax commissioner of any additions to the group with the	64753
next quarterly tax return it files with the commissioner.	64754

(E) Each member of a consolidated elected taxpayer is jointly	64755
and severally liable for the tax imposed by this chapter and any	64756
penalties or interest thereon. The tax commissioner may require	64757
one person in the group to be the taxpayer for purposes of	64758
registration and remittance of the tax, but all members of the	64759
group are subject to assessment under section 5751.09 of the	64760
Revised Code.	64761

Sec. 5751.012. (A) All persons, other than persons	64762
enumerated in divisions (E)(2) to (11) of section 5751.01 of the	64763
Revised Code, having more than fifty per cent of the value of	64764
their ownership interest owned or controlled, directly or	64765
constructively through related interests, by common owners shall	64766
be members of a combined taxpayer if those persons are not members	64767
of a consolidated elected taxpayer pursuant to an election under	64768
section 5751.011 of the Revised Code.	64769

(B) A combined taxpayer shall register, file returns, and pay	64770
taxes under this chapter as a single taxpayer.	64771

(C) A combined taxpayer shall neither exclude taxable gross	64772
receipts between its members nor from others that are not members.	64773

(D) A combined taxpayer shall pay to the tax commissioner a	64774
registration fee equal to the lesser of two hundred dollars or	64775
twenty dollars for each person in the group. No additional fee	64776
shall be imposed for the addition of new members to the group once	64777
the group has remitted a fee in the amount of two hundred dollars.	64778
The fee shall be timely paid before the later of the beginning of	64779
the first tax year or November 15, 2005. The fee shall be	64780
collected and used in the same manner as provided in section	64781
5751.05 of the Revised Code.	64782

Any person acquired or formed after the filing of the	64783
registration shall be included in the group, and the group must	64784
notify the tax commissioner of any additions with the next	64785
quarterly tax return it files with the commissioner.	64786

(E) Each member of a combined taxpayer is jointly and	64787
severally liable for the tax imposed by this chapter and any	64788
penalties or interest thereon. The tax commissioner may require	64789
one person in the group to be the taxpayer for purposes of	64790
registration and remittance of the tax, but all members of the	64791
group are subject to assessment under section 5751.09 of the	64792
Revised Code.	64793

Sec. 5751.02. For the purpose of funding the needs of this	64794
state and its local governments, there is hereby levied an annual	64795
commercial activity tax on each person with taxable gross receipts	64796
in this state for the privilege of doing business in this state at	64797
any time during the tax year. The tax levied under this section is	64798
a tax measured by taxable gross receipts and is not a tax on or	64799
measured by net income, and is in addition to any other taxes or	64800
fees imposed under the Revised Code.	64801

Sec. 5751.03. (A) Except as provided in division (B) of this	64802
section, the tax levied under this chapter for a tax year equals	64803
one hundred dollars plus the product of two and six-tenths mills	64804
per dollar times taxable gross receipts in the tax year in excess	64805
of one million dollars.	64806

(B) For quarterly tax reporting periods beginning on or after	64807
January 1, 2006, and ending on or before March 31, 2009, the rate	64808
of tax computed on the basis of taxable gross receipts in excess	64809
of one million dollars shall be as follows in lieu of the rate	64810
prescribed in division (A) of this section:	64811

(1) For the quarterly tax reporting period ending March 31,	64812
2006, six-tenths of one mill per dollar of taxable gross receipts;	64813

(2) For the quarterly tax reporting periods ending June 30,	64814
2006, September 30, 2006, December 31, 2006, and March 31, 2007,	64815
one and four-hundredths mills per dollar of taxable gross	64816
receipts;	64817

(3) For the quarterly tax reporting periods ending June 30,	64818
2007, September 30, 2007, December 31, 2007, and March 31, 2008,	64819
one and fifty-six-hundredths mills per dollar of taxable gross	64820
receipts;	64821

(4) For the quarterly tax reporting periods ending June 30,	64822
2008, September 30, 2008, December 31, 2008, and March 31, 2009,	64823
two and eight-hundredths mills per dollar of taxable gross	64824
receipts.	64825

Sec. 5751.031. From its inception through June 30, 2007, the	64826
commercial activity tax levied under this chapter is intended to	64827
generate eight hundred fifteen million dollars. Not later than	64828
September 30, 2007, the tax commissioner shall determine the total	64829
amount of tax paid under this chapter, excluding registration	64830
fees, that was collected from the inception of the tax through	64831
June 30, 2007. If such amount is less than ninety per cent or	64832
greater than one hundred ten per cent of eight hundred fifteen	64833
million dollars, then, for purposes of taxable periods after	64834
calendar year 2007, the tax rate in division (B) of section	64835
5751.03 of the Revised Code shall be adjusted to reflect the tax	64836
rate that would have generated eight hundred fifteen million	64837
dollars of tax from the inception of the tax through June 30,	64838
2007. Upon making such adjustment, the commissioner shall report	64839
and certify the adjusted tax rate to the governor, the president	64840
of the senate, the speaker of the house of representatives, and	64841
all members of the general assembly. The commissioner shall	64842
publish the revised rate by journal entry and provide notice to	64843
taxpayers of the revised rate.	64844

Sec. 5751.032. For the purposes of this chapter, gross	64845
receipts shall be sitused to this state as follows:	64846

(A) Gross rents and royalties from real property located in	64847
this state shall be sitused to this state.	64848

(B) Gross rents and royalties from tangible personal property	64849
shall be sitused to this state to the extent the tangible personal	64850
property is located or used in this state.	64851

(C) Gross receipts from the sale of electricity and electric	64852
transmission and distribution services shall be sitused to this	64853
state in the manner provided under section 5733.059 of the Revised	64854
Code.	64855

(D) Gross receipts from the sale of real property located in	64856
this state shall be sitused to this state.	64857

(E) Gross receipts from the sale of tangible personal	64858
property shall be sitused to this state if the property is	64859
received in this state by the purchaser. In the case of delivery	64860
of tangible personal property by common carrier or by other means	64861
of transportation, the place at which such property is ultimately	64862
received after all transportation has been completed shall be	64863
considered the place where the purchaser receives the property.	64864
The place where tangible personal property is ultimately received	64865
after all transportation has been completed shall be considered	64866
the place where the purchaser receives the property even when the	64867
purchaser accepts property in this state and then transports the	64868
property by common carrier or by other means of transportation to	64869
a location outside this state. Direct delivery in this state,	64870
other than for purposes of transportation, to a person or firm	64871
designated by a purchaser constitutes delivery to the purchaser in	64872
this state, and direct delivery outside this state to a person or	64873
firm designated by a purchaser does not constitute delivery to the	64874
purchaser in this state, regardless of where title passes or other	64875
conditions of sale.	64876

(F) Gross receipts from the sale, exchange, disposition, or	64877
other grant of the right to use trademarks, trade names, patents,	64878
copyrights, and similar intellectual property shall be sitused to	64879
this state to the extent that the receipts are based on the amount	64880
of use of the property in this state. If the receipts are not	64881
based on the amount of use of the property, but rather on the	64882
right to use the property, and the payor has the right to use the	64883
property in this state, then the receipts from the sale, exchange,	64884
disposition, or other grant of the right to use such property	64885
shall be sitused to this state to the extent the receipts are	64886
based on the right to use the property in this state.	64887

(G) Gross receipts from the sale of services, and all other	64888
gross receipts not otherwise sitused under this section, shall be	64889
sitused to this state in the proportion that the purchaser's	64890
benefit in this state with respect to what was purchased bears to	64891
the purchaser's benefit everywhere with respect to what was	64892
purchased. The physical location where the purchaser ultimately	64893
uses or receives the benefit of what was purchased shall be	64894
paramount in determining the proportion of the benefit in this	64895
state to the benefit everywhere.	64896

(H) If the situsing provisions of divisions (A) to (G) of	64897
this section do not fairly represent the extent of a person's	64898
activity in this state, the person may request, or the tax	64899
commissioner may require or permit, an alternative method. Such	64900
request by a person must be made within the applicable statute of	64901
limitations set forth in this chapter.	64902

(I) The tax commissioner may adopt rules to provide	64903
additional guidance to the application of this section, and	64904
provide alternative methods of situsing gross receipts that apply	64905
to all persons, or subset of persons, that are engaged in similar	64906
business or trade activities.	64907

Sec. 5751.033. (A) As used in this section:

64908

(1) "First budget stabilization fund amount" means the	64909
portion of the excess amount, if any, that is not more than	64910
forty-two million nine hundred fifty thousand dollars.	64911

(2) "Tax rate stabilization fund amount" means the portion of	64912
the excess amount, if any, that is more than forty-two million	64913
nine hundred fifty thousand dollars but not more than eighty-five	64914
million nine hundred thousand dollars.	64915

(3) "Second budget stabilization fund amount" means the	64916
portion of the excess amount, if any, which is more than	64917
eighty-five million nine hundred thousand dollars.	64918

(4) "Excess amount" means the amount of tax paid under	64919
section 5751.03 of the Revised Code that was collected from July	64920
1, 2007, through June 30, 2008, and that exceeds eight hundred	64921
fifty-nine million dollars.	64922

(B) Not later than September 1, 2008, the tax commissioner	64923
shall determine the total amount of tax paid under section 5751.03	64924
of the Revised Code that was collected from July 1, 2007, through	64925
June 30, 2008. If such amount of tax paid is more than eight	64926
hundred fifty-nine million dollars but is not more than nine	64927
hundred one million nine hundred fifty thousand dollars, then the	64928
tax commissioner shall proceed in accordance with division (C) of	64929
this section. If such amount of tax paid is at least nine hundred	64930
one million nine hundred fifty thousand dollars but is not more	64931
than nine hundred forty-four million nine hundred thousand	64932
dollars, then the tax commissioner shall proceed in accordance	64933
with division (D) of this section. If such amount of tax paid is	64934
more than nine hundred forty-four million nine hundred thousand	64935
dollars, then the tax commissioner shall proceed in accordance	64936
with divisions (E) and (F) of this section. If such amount of tax	64937
paid is less than seven hundred seventy-three million one hundred	64938
thousand dollars, then the tax commissioner shall proceed in	64939
accordance with division (F) of this section.	64940

(C) The tax commissioner shall certify the first budget	64941
stabilization fund amount to the director of budget and	64942
management, and the director shall transfer such amount to the	64943
budget stabilization fund created under section 131.43 of the	64944
Revised Code.	64945

(D)(1) The tax commissioner shall certify the first budget	64946
stabilization fund amount to the director of budget and	64947
management, and the director shall transfer such amount to the	64948
budget stabilization fund created under section 131.43 of the	64949
Revised Code.	64950

(2) The tax commissioner shall certify the tax rate	64951
stabilization fund amount to the director of budget and	64952
management, and the director shall transfer such amount to the tax	64953
rate stabilization fund created under section 131.46 of the	64954
Revised Code.	64955

(E)(1) The tax commissioner shall certify the first budget	64956
stabilization fund amount to the director of budget and	64957
management, and the director shall transfer such amount to the	64958
budget stabilization fund created under section 131.43 of the	64959
Revised Code.	64960

(2) The tax commissioner shall certify the tax rate	64961
stabilization fund amount to the director of budget and management	64962
and the director shall transfer such amount to the tax rate	64963
stabilization fund created under section 131.46 of the Revised	64964
Code.	64965

(3) The tax commissioner shall certify the second budget	64966
stabilization fund amount to the director of budget and	64967
management, and the director shall transfer such amount to the	64968
budget stabilization fund created under section 131.43 of the	64969
Revised Code.	64970

(F) For purposes of tax periods after calendar year 2008, the	64971
tax commissioner shall adjust the rate in effect under division	64972
(B) of section 5751.03 of the Revised Code to reflect the tax rate	64973
that would have generated eight hundred fifty-nine million dollars	64974
of tax for fiscal year 2008. Upon making such adjustment, the tax	64975
commissioner shall, not later than September 1, 2008, report and	64976
certify the adjusted tax rate to the governor, the president of	64977
the senate, the speaker of the house of representatives, and all	64978
members of the general assembly. The tax commissioner shall	64979
publicize the revised rate by journal entry and provide notice to	64980
taxpayers of the revised rate.	64981

Sec. 5751.034. (A) As used in this section:

64982

(1) "First budget stabilization fund amount" means the	64983
portion of the excess amount, if any, that is not more than	64984
seventy-seven million four hundred thousand dollars.	64985

(2) "Tax rate stabilization fund amount" means the portion of	64986
the excess amount, if any, which is more than seventy-seven	64987
million four hundred thousand dollars but not more than one	64988
hundred fifty-four million eight hundred thousand dollars.	64989

(3) "Second budget stabilization fund amount" means the	64990
portion of the excess amount, if any, that is more than one	64991
hundred fifty-four million eight hundred thousand dollars.	64992

(4) "Excess amount" means the amount of tax paid under	64993
section 5751.03 of the Revised Code that was collected from July	64994
1, 2009, through June 30, 2010, and that exceeds one billion five	64995
hundred forty-eight million dollars.	64996

(B) Not later than September 1, 2010, the tax commissioner	64997
shall determine the total amount of tax paid under section 5751.03	64998
of the Revised Code that was collected from July 1, 2009, through	64999
June 30, 2010. If such amount of tax paid is more than one billion	65000
five hundred forty-eight million dollars, but is not more than one	65001
billion six hundred twenty-five million four hundred thousand	65002
dollars, then the tax commissioner shall proceed in accordance	65003
with division (C) of this section. If such amount of tax paid is	65004
at least one billion six hundred twenty-five million four hundred	65005
thousand dollars, but is not more than one billion seven hundred	65006
two million eight hundred thousand dollars, then the tax	65007
commissioner shall proceed in accordance with division (D) of this	65008
section. If such amount of tax paid is more than one billion seven	65009
hundred two million eight hundred thousand dollars, then the tax	65010
commissioner shall proceed in accordance with divisions (E) and	65011
(F) of this section. If such amount of tax paid is less than one	65012
billion three hundred ninety-three million two hundred thousand	65013
dollars, then the tax commissioner shall proceed in accordance	65014
with division (F) of this section.	65015

(C) The tax commissioner shall certify the first budget	65016
stabilization fund amount to the director of budget and	65017
management, and the director shall transfer such amount to the	65018
budget stabilization fund created under section 131.43 of the	65019
Revised Code.	65020

(D)(1) The tax commissioner shall certify the first budget	65021
stabilization fund amount to the director of budget and	65022
management, and the director shall transfer such amount to the	65023
budget stabilization fund created under section 131.43 of the	65024
Revised Code.	65025

(2) The tax commissioner shall certify the tax rate	65026
stabilization fund amount to the director of budget and	65027
management, and the director shall transfer such amount to the tax	65028
rate stabilization fund created under section 131.46 of the	65029
Revised Code.	65030

(E)(1) The tax commissioner shall certify the first budget	65031
stabilization fund amount to the director of budget and	65032
management, and the director shall transfer such amount to the	65033
budget stabilization fund created under section 131.43 of the	65034
Revised Code.	65035

(2) The tax commissioner shall certify the tax rate	65036
stabilization fund amount to the director of budget and	65037
management, and the director shall transfer such amount to the tax	65038
rate stabilization fund created under section 131.46 of the	65039
Revised Code.	65040

(3) The tax commissioner shall certify the second budget	65041
stabilization fund amount to the director of budget and	65042
management, and the director shall transfer such amount to the	65043
budget stabilization fund created under section 131.43 of the	65044
Revised Code.	65045

(F) For purposes of tax periods after calendar year 2010, the	65046
tax commissioner shall adjust the rate in effect under division	65047
(B) of section 5751.03 of the Revised Code to reflect the tax rate	65048
that would have generated one billion five hundred forty-eight	65049
million dollars of tax for fiscal year 2010. Upon making such	65050
adjustment, the tax commissioner shall, not later than September	65051
1, 2008, report and certify the adjusted tax rate to the governor,	65052
the president of the senate, the speaker of the house of	65053
representatives, and all members of the general assembly. The tax	65054
commissioner shall publicize the revised rate by journal entry and	65055
provide notice to taxpayers of the revised rate.	65056

Sec. 5751.04. (A) Not later than the later of November 15,	65057
2005, or thirty days after a person first has more than forty	65058
thousand dollars in taxable gross receipts in a tax year, each	65059
person subject to this chapter shall register with the tax	65060
commissioner on the form prescribed by the commissioner. The form	65061
shall include the following:	65062

(1) The person's name;

65063

(2) If applicable, the name of the state or country under the	65064
laws of which the person is incorporated;	65065

(3) If applicable, the location of a person's principal	65066
office, and, in the case of a foreign corporation, the location of	65067
its principal place of business in this state and the name and	65068
address of the officer or agent of the corporation in charge of	65069
the business in this state;	65070

(4) If applicable, the names of the person's president,	65071
secretary, treasurer, and statutory agent designated pursuant to	65072
section 1703.041 of the Revised Code, with the post office address	65073
of each;	65074

(5) The kind of business in which the person is engaged,	65075
including applicable business or industry codes;	65076

(6) The date of the beginning of the person's annual	65077
accounting period that includes the first day of January of the	65078
tax year;	65079

(7) If the person is not a corporation or a sole proprietor,	65080
the names of all the person's owners and officers;	65081

(8) The person's federal employer identification number or	65082
numbers or, if those are not applicable, the person's social	65083
security number or equivalent;	65084

(9) All other information that the commissioner requires to	65085
administer and enforce this chapter.	65086

(B) Except as otherwise provided in this division, each	65087
person registering with the tax commissioner as required by	65088
division (A) of this section shall pay a registration fee. The fee	65089
shall be in the amount of fifteen dollars if a person registers	65090
electronically and twenty dollars if a person does not register	65091
electronically. The registration fee shall be paid in the manner	65092
prescribed by the tax commissioner at the same time the	65093
registration is due if a person is subject to the tax imposed	65094
under this chapter before January 1, 2006. If a person first	65095
becomes subject to the tax after that date, the registration fee	65096
is payable with the first quarterly payment of tax the person is	65097
required to remit as prescribed by section 5751.05 of the Revised	65098
Code. If a registration fee is not paid when due, an additional	65099
fee is imposed in the amount of one hundred dollars per month or	65100
part thereof the fee is outstanding, not to exceed one thousand	65101
dollars. The tax commissioner may abate the additional fee. The	65102
fee imposed under this division may be assessed in the same manner	65103
as the tax imposed under this chapter. Proceeds from the fee shall	65104
be credited to the commercial activity tax administrative fund,	65105
which is hereby created in the state treasury for the commissioner	65106
to use in implementing and administering the tax imposed under	65107
this chapter.	65108

No registration fee is payable by a person for a tax year if	65109
the person first begins business operations in this state after	65110
the thirtieth day of November of that tax year or if the person's	65111
taxable gross receipts for the tax year exceed forty thousand	65112
dollars but do not exceed forty thousand dollars as of the first	65113
day of December of the tax year.	65114

Registration fees paid under this section, excluding any	65115
additional fee imposed for late payment of the registration fee,	65116
shall be credited against the first payment of tax payable under	65117
section 5751.03 of the Revised Code after the registration fee is	65118
paid.	65119

(C) If a person that has registered under this section is no	65120
longer a taxpayer subject to this chapter, including no longer	65121
being a taxpayer because of the application of division (D)(1) of	65122
section 5751.01 of the Revised Code, the person shall notify the	65123
commissioner that the person's registration should be cancelled.	65124

Sec. 5751.05. (A) As used in this section, "applicable rate"	65125
means the rate of tax imposed under division (A) or (B) of section	65126
5751.03 of the Revised Code, as applicable to a quarterly tax	65127
reporting period, after any adjustment under section 5751.031 of	65128
the Revised Code. "Applicable rate" does not include the one	65129
hundred dollar tax amount imposed under division (A) of that	65130
section.	65131

(B) The tax imposed under this chapter is payable in the	65132
amounts and at the times prescribed in divisions (B)(1), (2), (3),	65133
and (4) of this section.	65134

(1) If a taxpayer's taxable gross receipts exceed two hundred	65135
fifty thousand dollars for the first, second, or third quarterly	65136
tax reporting period in the tax year, the taxpayer shall pay an	65137
amount equal to the product of the applicable rate times the	65138
taxpayer's taxable gross receipts for the period in excess of two	65139
hundred fifty thousand dollars on or before the fifteenth day of	65140
the second month following the end of that quarterly tax reporting	65141
period.	65142

(2) If a taxpayer's taxable gross receipts do not exceed two	65143
hundred fifty thousand dollars for any quarterly tax reporting	65144
period in the tax year, no tax is payable for that quarterly tax	65145
reporting period except as provided in division (B)(3) or (4) of	65146
this section.	65147

(3) Each taxpayer shall pay one hundred dollars on or before	65148
the fifteenth day of February following the end of each tax year,	65149
except as provided in division (B)(4) of this section.	65150

(4) If a person first becomes subject to the tax imposed	65151
under this chapter on or after January 1, 2006, the taxpayer shall	65152
pay one hundred dollars on or before the fifteenth day of the	65153
second month following the end of the first quarterly tax	65154
reporting period in which the person becomes subject to the tax,	65155
in addition to any amount payable under division (B)(1) of this	65156
section. If the person registers with the tax commissioner within	65157
the time prescribed in section 5751.04 of the Revised Code, the	65158
person shall pay fifty dollars, in lieu of one hundred dollars, in	65159
addition to any amount payable under division (B)(1) of this	65160
section. The payment required under division (B)(4) of this	65161
section is in lieu of the payment required under division (B)(3)	65162
of this section and applies only to the first tax year a person	65163
becomes subject to the tax imposed under this chapter.	65164

(C) For any quarterly tax reporting period for which a	65165
taxpayer is required to make a payment of tax under division (B)	65166
of this section, the taxpayer shall file a return for that period	65167
in the form and manner prescribed by the tax commissioner. The	65168
return shall include the taxpayer's taxable gross receipts for the	65169
quarterly tax reporting period and the amount of tax due for the	65170
period, as prescribed in division (B) of this section, and any	65171
other information the tax commissioner requires.	65172

(D) Each taxpayer that is required to file a return under	65173
division (C) of this section for any quarterly tax reporting	65174
period of the tax year shall file an annual report for that tax	65175
year with the tax commissioner on or before the fifteenth day of	65176
March of the following tax year. The annual report shall include	65177
the taxpayer's taxable gross receipts, the amount of tax due, and	65178
the amount of tax paid for each quarterly tax reporting period of	65179
the tax year, and any other information the tax commissioner	65180
requires.	65181

(E)(1) If a taxpayer's taxable gross receipts for a tax year	65182
exceed one million dollars, the taxpayer, on or before the	65183
fifteenth day of March following the end of the tax year, shall	65184
pay tax equal to the amount by which the taxpayer's taxable gross	65185
receipts in excess of one million dollars, multiplied by the	65186
applicable tax rate, exceeds the amount of tax paid in the tax	65187
year under division (B)(1) of this section, except as provided in	65188
division (F) of this section. The tax payable under division	65189
(D)(1) of this section is in addition to the amount payable under	65190
division (B)(3) or (4) of this section.	65191

(2) If a taxpayer's taxable gross receipts for a tax year do	65192
not exceed one million dollars, the taxpayer shall pay tax equal	65193
to one hundred dollars minus the amount paid for the tax year	65194
under division (B)(1) or (3) of this section. If the amount of tax	65195
the taxpayer paid for the tax year under those divisions exceeds	65196
one hundred dollars, the excess shall be refunded to the taxpayer	65197
or applied to the tax due for a subsequent tax year as provided in	65198
section 5751.08 of the Revised Code.	65199

(F) For tax years 2006, 2007, 2008, and 2009, the amount of	65200
tax payable on or before the fifteenth day of February following	65201
the end of the tax year shall be computed as follows:	65202

(1) For tax year 2006, six-tenths of one mill per dollar	65203
multiplied by one-fourth of the taxable gross receipts in excess	65204
of one million dollars, plus one and four-hundredths mills per	65205
dollar multiplied by three-fourths of taxable gross receipts in	65206
excess of one million dollars;	65207

(2) For tax year 2007, one and four-hundredths mills per	65208
dollar multiplied by one-fourth of the taxable gross receipts in	65209
excess of one million dollars, plus one and fifty-six-hundredths	65210
mills per dollar multiplied by three-fourths of taxable gross	65211
receipts in excess of one million dollars;	65212

(3) For tax year 2008, one and fifty-six-hundredths mills per	65213
dollar multiplied by one-fourth of the taxable gross receipts in	65214
excess of one million dollars, plus two and eight-hundredths mills	65215
per dollar multiplied by three-fourths of taxable gross receipts	65216
in excess of one million dollars;	65217

(4) For tax year 2009, two and eight-hundredths mills per	65218
dollar multiplied by one-fourth of the taxable gross receipts in	65219
excess of one million dollars, plus two and three-tenths mills per	65220
dollar multiplied by three-fourths of taxable gross receipts in	65221
excess of one million dollars.	65222

Sec. 5751.06. (A) Any taxpayer that fails to file a return	65223
or pay the full amount of the tax due within the period prescribed	65224
therefor under this chapter shall pay a penalty in an amount not	65225
exceeding the greater of fifty dollars or ten per cent of the tax	65226
required to be paid for the quarterly tax reporting period.	65227

(B)(1) If any additional tax is found to be due, the tax	65228
commissioner may impose an additional penalty of up to fifteen per	65229
cent on the additional tax found to be due.	65230

(2) Any delinquent payments of the tax made after a taxpayer	65231
is notified of an audit or a tax discrepancy by the commissioner	65232
is subject to the penalty imposed by division (B) of this section.	65233
If an assessment is issued under section 5751.10 of the Revised	65234
Code in connection with such delinquent payments, the payments	65235
shall be credited to the assessment.	65236

(C) If the tax commissioner notifies a person required to	65237
register under section 5751.05 of the Revised Code of such	65238
requirement and of the requirement to remit the tax due under this	65239
chapter, and the person fails to so register and remit the tax	65240
within sixty days after such notice, the tax commissioner may	65241
impose an additional penalty of up to thirty-five per cent of the	65242
tax due. The penalty imposed under this division is in addition to	65243
any other penalties imposed under this section.	65244

(D) The tax commissioner may collect any penalty or interest	65245
imposed by this section in the same manner as the tax imposed	65246
under this chapter. Penalties and interest so collected shall be	65247
considered as revenue arising from the tax imposed under this	65248
chapter.	65249

(E) The tax commissioner may abate all or a portion of any	65250
penalties imposed under this section and may adopt rules governing	65251
such abatements.	65252

(F) If any tax due is not timely paid in accordance with this	65253
chapter, the taxpayer shall pay interest, calculated at the rate	65254
per annum prescribed by section 5703.47 of the Revised Code, from	65255
the date the tax payment was due to the date of payment or to the	65256
date an assessment was issued, whichever occurs first.	65257

Sec. 5751.07. (A) Any person required to file returns for a	65258
quarterly tax reporting period shall remit each tax payment, and,	65259
if required by the tax commissioner, file the quarterly tax return	65260
or the annual report, electronically. The commissioner may require	65261
taxpayers to use the Ohio business gateway as defined in section	65262
718.051 of the Revised Code to file returns or the annual report	65263
and remit the tax, or may provide another means for taxpayers to	65264
file and remit the tax electronically.	65265

(B) A person required by this section to remit taxes or file	65266
returns or the annual report electronically may apply to the tax	65267
commissioner, on the form prescribed by the commissioner, to be	65268
excused from that requirement. The commissioner may excuse a	65269
person from the requirements of this division for good cause.	65270

(C)(1) If a person required to remit taxes or file a return	65271
or annual report electronically under this section fails to do so,	65272
the commissioner may impose a penalty not to exceed the following:	65273

(a) For either of the first two quarterly tax reporting	65274
periods the person so fails, five per cent of the amount of the	65275
payment that was required to be remitted;	65276

(b) For the third and any subsequent quarterly tax reporting	65277
periods the person so fails, ten per cent of the amount of the	65278
payment that was required to be remitted.	65279

(2) The penalty imposed under division (C)(1) of this section	65280
is in addition to any other penalty imposed under this chapter and	65281
shall be considered as revenue arising from the tax imposed under	65282
this chapter. A penalty may be collected by assessment in the	65283
manner prescribed by section 5751.09 of the Revised Code. The tax	65284
commissioner may abate all or a portion of such a penalty.	65285

Sec. 5751.08. (A) An application for refund to the taxpayer	65286
of the amount of taxes imposed under this chapter that are	65287
overpaid, paid illegally or erroneously, or paid on any illegal or	65288
erroneous assessment shall be filed with the tax commissioner, on	65289
the form prescribed by the commissioner, within four years after	65290
the date of the illegal or erroneous payment of the tax. The	65291
applicant shall provide the amount of the requested refund along	65292
with the claimed reasons for, and documentation to support, the	65293
issuance of a refund.	65294

(B) On the filing of the refund application, the tax	65295
commissioner shall determine the amount of refund to which the	65296
applicant is entitled. If the amount is not less than that	65297
claimed, the commissioner shall certify the amount to the director	65298
of budget and management and treasurer of state for payment from	65299
the tax refund fund created under section 5703.052 of the Revised	65300
Code. If the amount is less than that claimed, the commissioner	65301
shall proceed in accordance with section 5703.70 of the Revised	65302
Code.	65303

(C) Interest on a refund applied for under this section,	65304
computed at the rate provided for in section 5703.47 of the	65305
Revised Code, shall be allowed from the later of the date the tax	65306
was paid or when the tax payment was due.	65307

(D) No person with an active registration as a taxpayer under	65308
this chapter may claim a refund under this section for the tax	65309
imposed under division (B)(3) or (4) of section 5751.03 of the	65310
Revised Code unless the person cancelled the registration before	65311
the tenth day of February of the current calendar year pursuant to	65312
division (C) of section 5751.04 of the Revised Code.	65313

(E) Except as provided in section 5751.091 of the Revised	65314
Code, the tax commissioner may, with the consent of the taxpayer,	65315
provide for the crediting against tax due for a tax year the	65316
amount of any refund due the taxpayer under this chapter for a	65317
preceding tax year.	65318

Sec. 5751.081. As used in this section, "debt to this state"	65319
means unpaid taxes due the state, unpaid workers' compensation	65320
premiums due under section 4123.35 of the Revised Code, unpaid	65321
unemployment compensation contributions due under section 4141.25	65322
of the Revised Code, unpaid unemployment compensation payment in	65323
lieu of contribution under section 4141.241 of the Revised Code,	65324
unpaid fee payable to the state or to the clerk of courts pursuant	65325
to section 4505.06 of the Revised Code, incorrect medical	65326
assistance payments under section 5111.02 of the Revised Code, or	65327
any unpaid charge, penalty, or interest arising from any of the	65328
foregoing.	65329

If a taxpayer entitled to a refund under section 5751.08 of	65330
the Revised Code owes any debt to this state, the amount	65331
refundable may be applied in satisfaction of the debt. If the	65332
amount refundable is less than the amount of the debt, it may be	65333
applied in partial satisfaction of the debt. If the amount	65334
refundable is greater than the amount of the debt, the amount	65335
remaining after satisfaction of the debt shall be refunded. This	65336
section applies only to debts that have become final. For the	65337
purposes of this section, a debt becomes final when, under the	65338
applicable law, any time provided for petition for reassessment,	65339
request for reconsideration, or other appeal of the legality or	65340
validity of the amount giving rise to the debt expires without an	65341
appeal having been filed in the manner provided by law.	65342

Sec. 5751.09. (A) The tax commissioner may make an	65343
assessment, based on any information in the commissioner's	65344
possession, against any person that fails to file a return report	65345
or pay any tax as required by this chapter. The commissioner shall	65346
give the person assessed written notice of the assessment as	65347
provided in section 5703.37 of the Revised Code. With the notice,	65348
the commissioner shall provide instructions on the manner in which	65349
to petition for reassessment and request a hearing with respect to	65350
the petition.	65351

(B) Unless the person assessed, within sixty days after	65352
service of the notice of assessment, files with the tax	65353
commissioner, either personally or by certified mail, a written	65354
petition signed by the person or the person's authorized agent	65355
having knowledge of the facts, the assessment becomes final, and	65356
the amount of the assessment is due and payable from the person	65357
assessed to the treasurer of state. The petition shall indicate	65358
the objections of the person assessed, but additional objections	65359
may be raised in writing if received by the commissioner prior to	65360
the date shown on the final determination.	65361

If a petition for reassessment has been properly filed, the	65362
commissioner shall proceed under section 5703.60 of the Revised	65363
Code.	65364

(C)(1) After an assessment becomes final, if any portion of	65365
the assessment, including accrued interest, remains unpaid, a	65366
certified copy of the tax commissioner's entry making the	65367
assessment final may be filed in the office of the clerk of the	65368
court of common pleas in the county in which the person resides or	65369
has its principal place of business in this state, or in the	65370
office of the clerk of court of common pleas of Franklin county.	65371

(2) Immediately upon the filing of the entry, the clerk shall	65372
enter judgment for the state against the person assessed in the	65373
amount shown on the entry. The judgment may be filed by the clerk	65374
in a loose-leaf book entitled, "special judgments for the	65375
commercial activity tax" and shall have the same effect as other	65376
judgments. Execution shall issue upon the judgment at the request	65377
of the tax commissioner, and all laws applicable to sales on	65378
execution shall apply to sales made under the judgment.	65379

(3) The portion of the assessment not paid within sixty days	65380
after the day the assessment was issued shall bear interest at the	65381
rate per annum prescribed by section 5703.47 of the Revised Code	65382
from the day the tax commissioner issues the assessment until it	65383
is paid. Interest shall be paid in the same manner as the tax and	65384
may be collected by the issuance of an assessment under this	65385
section.	65386

(D) If the tax commissioner believes that collection of the	65387
tax will be jeopardized unless proceedings to collect or secure	65388
collection of the tax are instituted without delay, the	65389
commissioner may issue a jeopardy assessment against the person	65390
liable for the tax. Immediately upon the issuance of the jeopardy	65391
assessment, the commissioner shall file an entry with the clerk of	65392
the court of common pleas in the manner prescribed by division (C)	65393
of this section. Notice of the jeopardy assessment shall be served	65394
on the person assessed or the person's authorized agent in the	65395
manner provided in section 5703.37 of the Revised Code within five	65396
days of the filing of the entry with the clerk. The total amount	65397
assessed is immediately due and payable, unless the person	65398
assessed files a petition for reassessment in accordance with	65399
division (B) of this section and provides security in a form	65400
satisfactory to the commissioner and in an amount sufficient to	65401
satisfy the unpaid balance of the assessment. Full or partial	65402
payment of the assessment does not prejudice the commissioner's	65403
consideration of the petition for reassessment.	65404

(E) The tax commissioner shall immediately forward to the	65405
treasurer of state all amounts the commissioner receives under	65406
this section, and such amounts shall be considered as revenue	65407
arising from the tax imposed under this chapter.	65408

(F) Except as otherwise provided in this division, no	65409
assessment shall be made or issued against a taxpayer for the tax	65410
imposed under this chapter more than four years after the due date	65411
for the filing of the annual report for the tax year for which the	65412
tax was reported, or more than four years after the annual report	65413
for the tax year was filed, whichever is later. Nothing in this	65414
division bars an assessment against a taxpayer that fails to file	65415
a return or report required by this chapter or that files a	65416
fraudulent return or report.	65417

(G) If the tax commissioner possesses information that	65418
indicates that the amount of tax a taxpayer is required to pay	65419
under this chapter exceeds the amount the taxpayer paid, the tax	65420
commissioner may audit a sample of the taxpayer's sales or	65421
receipts over a representative period of time to ascertain the	65422
amount of tax due, and may issue an assessment based on the audit.	65423
The tax commissioner shall make a good faith effort to reach	65424
agreement with the taxpayer in selecting a representative sample.	65425
The tax commissioner may apply a sampling method only if the	65426
commissioner has prescribed the method by rule adopted under	65427
Chapter 119. of the Revised Code.	65428

(H) If the whereabouts of a person subject to this chapter is	65429
not known to the tax commissioner, the secretary of state is	65430
hereby deemed to be that person's agent for purposes of service of	65431
process of notice of any assessment, action, or proceedings	65432
instituted in this state against the person under this chapter.	65433
Such process or notice shall be served on such person by the	65434
commissioner or by one of the commissioner's agents by leaving at	65435
the office of the secretary of state, at least fifteen days before	65436
the return day of such process or notice, a true and attested copy	65437
of the notice, and by sending to such person by ordinary mail,	65438
with an endorsement thereon of the service upon the secretary of	65439
state, addressed to such person at the person's last known	65440
address.	65441

Sec. 5751.10. If any person liable for the tax imposed under	65442
this chapter sells the trade or business, disposes in any manner	65443
other than in the regular course of business at least seventy-five	65444
per cent of assets of the trade or business, or quits the trade or	65445
business, any tax owed by such person shall become due and payable	65446
immediately, and the person shall pay the tax under this section,	65447
including any applicable penalties and interest, within fifteen	65448
days after the date of selling or quitting the trade or business.	65449
The person's successor shall withhold a sufficient amount of the	65450
purchase money to cover the amount due and unpaid until the former	65451
owner produces a receipt from the tax commissioner showing that	65452
the amounts are paid or a certificate indicating that no taxes are	65453
due. If a purchaser fails to withhold purchase money, that person	65454
is personally liable up to the purchase money amount, for such	65455
amounts that are unpaid during the operation of the business by	65456
the former owner.	65457

The tax commissioner may adopt rules regarding the issuance	65458
of certificates under this section, including the waiver of the	65459
need for a certificate if certain criteria are met.	65460

Sec. 5751.11. If any person subject to this chapter fails to	65461
report or pay the tax as required under this chapter, or fails to	65462
pay any penalty imposed under this chapter within ninety days	65463
after the time prescribed for payment of the penalty, the attorney	65464
general, on the request of the tax commissioner, shall commence an	65465
action in quo warranto in the court of appeals of the county in	65466
which the person has its principal place of business to forfeit	65467
and annul its privileges or franchise within this state. If the	65468
court finds that the person is in default for the amount claimed,	65469
it shall render judgment revoking the person's privileges or	65470
franchise within this state and shall otherwise proceed as	65471
provided in Chapter 2733. of the Revised Code.	65472

Sec. 5751.12. The tax commissioner may prescribe	65473
requirements for the keeping of records and other pertinent	65474
documents, the filing of copies of federal income tax returns and	65475
determinations, and computations reconciling federal income tax	65476
returns with the returns and reports required by section 5751.05	65477
of the Revised Code. The commissioner may require any person, by	65478
rule or notice served on that person, to keep those records that	65479
the commissioner considers necessary to show whether, and the	65480
extent to which, a person is subject to this chapter. Those	65481
records and other documents shall be open during business hours to	65482
the inspection of the commissioner, and shall be preserved for a	65483
period of four years unless the commissioner, in writing, consents	65484
to their destruction within that period, or by order requires that	65485
they be kept longer. If such records are normally kept by the	65486
person electronically, the person shall provide such records to	65487
the commissioner electronically at the commissioner's request.	65488

Any information required by the tax commissioner under this	65489
chapter is confidential as provided for in section 5703.21 of the	65490
Revised Code. However, the commissioner shall make public an	65491
electronic list of all actively registered persons required to	65492
remit the tax under this chapter, including legal names, trade	65493
names, addresses, and account numbers. In addition, such list	65494
shall include all persons that cancelled their registration at any	65495
time during the preceding four calendar years, including the date	65496
the registration was cancelled.	65497

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	65498
the Revised Code:	65499

(1) "School district," "joint vocational school district,"	65500
"local taxing unit," "state education aid," "recognized	65501
valuation," "fixed-rate levy," and "fixed-sum levy" have the same	65502
meanings as used in section 5727.84 of the Revised Code.	65503

(2) "State education aid offset" means the amount determined	65504
for each school district or joint vocational school district under	65505
division (A)(1) of section 5751.21 of the Revised Code.	65506

(3) "Machinery and equipment property tax value loss" means	65507
the amount determined under division (C)(1) of this section.	65508

(4) "Inventory property tax value loss" means the amount	65509
determined under division (C)(2) of this section.	65510

(5) "Furniture and fixtures property tax value loss" means	65511
the amount determined under division (C)(3) of this section.	65512

(6) "Machinery and equipment fixed-rate levy loss" means the	65513
amount determined under division (D)(1) of this section.	65514

(7) "Inventory fixed-rate levy loss" means the amount	65515
determined under division (D)(2) of this section.	65516

(8) "Furniture and fixtures fixed-rate levy loss" means the	65517
amount determined under division (D)(3) of this section.	65518

(9) "Fixed-sum levy loss" means the amount determined under	65519
division (E) of this section.	65520

(10) "Machinery and equipment" means personal property	65521
subject to the assessment rate specified in division (F) of	65522
section 5711.22 of the Revised Code.	65523

(11) "Inventory" means personal property subject to the	65524
assessment rate specified in division (E) of section 5711.22 of	65525
the Revised Code.	65526

(12) "Furniture and fixtures" means personal property subject	65527
to the assessment rate specified in division (G) of section	65528
5711.22 of the Revised Code.	65529

(B) The commercial activities tax receipts fund is hereby	65530
created in the state treasury and shall consist of money arising	65531
from the tax imposed under this chapter. All money in that fund	65532
shall be credited for each fiscal year in the following	65533
percentages to the general revenue fund, to the school district	65534
tangible property tax replacement fund, which is hereby created in	65535
the state treasury for the purpose of making the payments	65536
described in section 5751.21 of the Revised Code, and to the local	65537
government tangible property tax replacement fund, which is hereby	65538
created in the state treasury for the purpose of making the	65539
payments described in section 5751.22 of the Revised Code, in the	65540
following percentages:	65541

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	65542
2006	83%	11.9%	5.1%	65543
2007	37.3%	43.9%	18.8%	65544
2008	27.7%	50.6%	21.7%	65545
2009	36.3%	44.6%	19.1%	65546
2010	41.8%	40.7%	17.5%	65547
2011	36.8%	44.2%	19.0%	65548
2012	40.0%	44.2%	15.8%	65549
2013	43.0%	44.2%	12.8%	65550
2014	45.7%	44.2%	10.1%	65551
2015	48.2%	44.2%	7.6%	65552
2016	50.6%	44.2%	5.2%	65553
2017	52.8%	44.2%	3.0%	65554
2018	54.8%	44.2%	1.0%	65555
2019 and thereafter	100%	0%	0%	65556

(C) Not later than September 15, 2005, the tax commissioner	65557
shall determine for each taxing district its machinery and	65558
equipment, inventory property, and furniture and fixtures property	65559
tax value losses, which are the applicable amounts described in	65560
divisions (C)(1), (2), and (3) of this section:	65561

(1) Machinery and equipment property tax value loss is the	65562
taxable value of machinery and equipment property as reported by	65563
taxpayers for tax year 2004;	65564

(2) Inventory property tax value loss is the taxable value of	65565
inventory property as reported by taxpayers for tax year 2004	65566
multiplied by eight hundred twenty-six one-thousandths;	65567

(3) Furniture and fixtures property tax value loss is the	65568
taxable value of furniture and fixture property as reported by	65569
taxpayers for tax year 2004.	65570

To facilitate the calculations required under division (C) of	65571
this section, the county auditor, upon request from the tax	65572
commissioner, shall provide by August 1, 2005, the values of	65573
machinery and equipment, inventory, and furniture and fixtures for	65574
all single-county personal property taxpayers for tax year 2004.	65575

(D) Not later than September 15, 2005, the tax commissioner	65576
shall determine for each school district, joint vocational school	65577
district, and local taxing unit its machinery and equipment,	65578
inventory, and furniture and fixtures fixed-rate levy losses,	65579
which are the applicable amounts described in divisions (D)(1),	65580
(2), and (3) of this section:	65581

(1) The machinery and equipment fixed-rate levy loss is the	65582
machinery and equipment property tax value loss multiplied by the	65583
sum of the tax rates in effect in tax year 2004 for fixed-rate	65584
levies and the tax rates for fixed-rate levies applicable to tax	65585
year 2005 and approved at an election conducted before September	65586
1, 2005;	65587

(2) The inventory fixed-rate loss is the inventory property	65588
tax value loss multiplied by the sum of the tax rates in effect in	65589
tax year 2004 for fixed-rate levies and the tax rates for	65590
fixed-rate levies applicable to tax year 2005 and approved at an	65591
election conducted before September 1, 2005;	65592

(3) The furniture and fixtures fixed-rate levy loss is the	65593
furniture and fixture property tax value loss multiplied by the	65594
sum of the tax rates in effect in tax year 2004 for fixed-rate	65595
levies and the tax rates for fixed-rate levies applicable to tax	65596
year 2005 and approved at an election conducted before September	65597
1, 2005.	65598

(E) As used in division (E) of this section, "qualifying	65599
levies" are fixed-sum levies, including fixed-sum school district	65600
emergency levies, in effect for tax year 2004 or applicable for	65601
tax year 2005 and approved at an election conducted before	65602
September 1, 2005.	65603

Not later than September 15, 2005, the tax commissioner shall	65604
determine for each school district, joint vocational school	65605
district, and local taxing unit its fixed-sum levy loss. The	65606
fixed-sum levy loss is the amount obtained by subtracting the	65607
amount described in division (E)(2) of this section from the	65608
amount described in division (E)(1) of this section:	65609

(1) The sum of the machinery and equipment property tax value	65610
loss, the inventory property tax value loss, and the furniture and	65611
fixtures property tax value loss multiplied by the sum of the	65612
fixed-sum tax rates in effect in tax year 2004 and the estimated	65613
fixed-sum tax rates for levies applicable to tax year 2005 and	65614
approved at an election conducted before September 1, 2005. For	65615
2006 through 2010, this computation shall include all qualifying	65616
levies remaining in effect for the current tax year and any school	65617
district emergency levies that are qualifying levies not remaining	65618
in effect for the current year. For 2011 through 2017, this	65619
computation shall include only qualifying levies remaining in	65620
effect for the current year. For purposes of this computation, a	65621
qualifying school district emergency levy remains in effect in a	65622
year after 2010 only if, for that year, the board of education	65623
levies a school district emergency levy for an annual sum at least	65624
equal to the annual sum levied by the board in tax year 2004 less	65625
the amount of the payment certified under this division for 2006.	65626

(2) The total taxable value in tax year 2004 less the sum of	65627
the machinery and equipment, inventory, and furniture and fixtures	65628
property tax value losses in each school district, joint	65629
vocational school district, and local taxing unit multiplied by	65630
one-half of one mill per dollar.	65631

To facilitate the calculation of the fixed-sum levy loss, not	65632
later than September 1, 2005, any school district or joint	65633
vocational school district in which a fixed-sum levy applicable to	65634
tax year 2005 and approved at an election conducted before	65635
September 1, 2005, shall notify the commissioner in writing of the	65636
estimated rate at which any such levies would be applied in the	65637
first year the levies are applicable.	65638

If the amount determined under division (E) of this section	65639
for any school district, joint vocational school district, or	65640
local taxing unit is greater than zero, that amount shall equal	65641
the reimbursement pursuant to division (D) of section 5751.21 or	65642
division (A)(2) of section 5751.22 of the Revised Code, and the	65643
one-half of one mill that is subtracted under division (E)(2) of	65644
this section shall be apportioned among all contributing fixed-sum	65645
levies in the proportion of each levy to the sum of all fixed-sum	65646
levies within each school district, joint vocational school	65647
district, or local taxing unit.	65648

(F) Not later than October 1, 2005, the tax commissioner	65649
shall certify to the department of education for every school	65650
district and joint vocational school district the machinery and	65651
equipment, inventory, and furniture and fixtures property tax	65652
value losses determined under division (C) of this section, the	65653
machinery and equipment, inventory, and furniture and fixtures	65654
property fixed-rate levy losses determined under division (D) of	65655
this section, and the fixed-sum levy losses calculated under	65656
division (E) of this section. The calculations under divisions (D)	65657
and (E) of this section shall separately display the levy loss for	65658
each levy eligible for reimbursement.	65659

(G) Not later than October 1, 2005, the tax commissioner	65660
shall certify the amount of the fixed-sum levy losses to the	65661
county auditor of each county in which a school district, joint	65662
vocational school district, or local taxing unit with a fixed-sum	65663
levy loss reimbursement has territory.	65664

Sec. 5751.21. (A) Not later than the thirty-first day of	65665
July of 2007 through 2017, the department of education shall	65666
determine the following for each school district and each joint	65667
vocational school district eligible for payment under division (B)	65668
of this section:	65669

(1) The state education aid offset, which is the difference	65670
obtained by subtracting the amount described in division (A)(1)(b)	65671
of this section from the amount described in division (A)(1)(a) of	65672
this section:	65673

(a) The state education aid computed for the school district	65674
or joint vocational school district for the current fiscal year as	65675
of the thirty-first day of July;	65676

(b) The state education aid that would be computed for the	65677
school district or joint vocational school district for the	65678
current fiscal year as of the thirty-first day of July if the	65679
recognized valuation included the machinery and equipment,	65680
inventory, and furniture and fixtures property tax value losses	65681
for the school district or joint vocational school district,	65682
except that the amount of machinery and equipment property tax	65683
value loss to be added to recognized value for fiscal year 2008	65684
shall be fifty per cent of the machinery and equipment tax value	65685
loss computed under division (C) of this section, and the amount	65686
of inventory tax value loss and furniture and fixtures property	65687
tax value loss to be added to recognized value shall be the	65688
following percentage of the inventory property tax value loss and	65689
furniture and fixtures property tax value loss computed under	65690
division (C) of this section:	65691

(i) For fiscal year 2008, zero per cent in the case of	65692
inventory property tax value loss and twenty per cent in the case	65693
of furniture and fixtures tax value loss;	65694

(ii) For fiscal year 2009, zero per cent in the case of	65695
inventory property tax value loss and forty per cent in the case	65696
of furniture and fixtures property tax value loss;	65697

(iii) For fiscal year 2010, twenty-six and three-tenths per	65698
cent in the case of inventory property tax value loss and sixty	65699
per cent in the case of furniture and fixtures tax value loss;	65700

(iv) For fiscal year 2011, fifty-two and six-tenths per cent	65701
in the case of inventory property tax value loss and eighty per	65702
cent in the case of furniture and fixtures property tax value	65703
loss;	65704

(v) For fiscal years after 2011, seventy-eight and	65705
nine-tenths per cent in the case of inventory property tax value	65706
loss and one hundred per cent in the case of furniture and	65707
fixtures property tax value loss.	65708

(2) The greater of zero or the difference obtained by	65709
subtracting the state education aid offset determined under	65710
division (A)(1) of this section from the sum of the machinery and	65711
equipment fixed-rate levy loss, the inventory fixed-rate levy	65712
loss, and furniture and fixtures fixed-rate levy loss certified	65713
under division (F) of section 5751.20 of the Revised Code for all	65714
taxing districts in each school district and joint vocational	65715
school district.	65716

By the fifth day of August of each such year, the department	65717
of education shall certify the amount so determined under division	65718
(A)(1) of this section to the director of budget and management.	65719

(B) The department of education shall pay from the school	65720
district tangible property tax replacement fund to each school	65721
district and joint vocational school district all of the	65722
following:	65723

(1) On or before May 31, 2006, one-twelfth of the machinery	65724
and equipment fixed-rate levy loss plus one-thirtieth of the	65725
furniture and fixtures fixed-rate levy loss certified under	65726
division (F) of section 5751.20 of the Revised Code;	65727

(2) On or before August 31, 2006, November 30, 2006, and	65728
February 28, 2007, one-seventh of the machinery and equipment	65729
fixed-rate levy loss plus two-thirty-fifths of the furniture and	65730
fixtures fixed-rate levy loss certified under that division;	65731

(3) On or before May 31, 2007, one-sixth of the machinery and	65732
equipment fixed-rate levy loss plus one-fifteenth of the furniture	65733
and fixtures fixed-rate levy loss certified under that division;	65734

(4) On or before August 31, 2007, November 30, 2007, and	65735
February 29, 2008, one-fourth of the amount determined under	65736
division (A)(2) of this section;	65737

(5) On or before May 31, 2008, the sum of one-fourth of the	65738
amount determined under division (A)(2) of this section and	65739
forty-four one-thousandths of the inventory fixed-rate levy loss	65740
certified under division (F) of section 5751.20 of the Revised	65741
Code;	65742

(6) On or before August 31, 2008, November 30, 2008, and	65743
February 28, 2009, the sum of: one-fourth of the amount determined	65744
by subtracting the amount determined under division (A)(1) of this	65745
section from the sum of the amount determined under division	65746
(D)(1) plus three-fifths of the amount determined under division	65747
(D)(3) of section 5751.20 of the Revised Code, but not less than	65748
zero; plus seventy-three one-thousandths of the inventory fixed	65749
rate levy loss certified under division (F) of section 5751.20 of	65750
the Revised Code;	65751

(7) On or before May 31, 2009, the sum of: one-fourth of the	65752
amount determined by subtracting the amount determined under	65753
division (A)(1) of this section from the sum of the amount	65754
determined under division (D)(1) plus four-fifths of the amount	65755
determined under division (D)(3) of section 5751.20 of the Revised	65756
Code, but not less than zero; plus eighty-eight one-thousandths of	65757
the inventory fixed-rate levy loss certified under division (F) of	65758
section 5751.20 of the Revised Code;	65759

(8) On or before August 31, 2009, November 30, 2009, and	65760
February 28, 2010, the sum of: one-fourth of the amount determined	65761
by subtracting the amount determined under division (A)(1) of this	65762
section from the sum of the amount determined under division	65763
(D)(1) plus four-fifths of the amount determined under division	65764
(D)(3) of section 5751.20 of the Revised Code, but not less than	65765
zero; plus one hundred forty-six one-thousandths of the inventory	65766
fixed-rate levy loss certified under division (F) of section	65767
5751.20 of the Revised Code;	65768

(9) On or before May 31, 2010, the sum of one-fourth of the	65769
amount determined by subtracting the amount determined under	65770
division (A)(1) of this section from the sum of the amounts	65771
determined under divisions (D)(1) and (3) of section 5751.20 of	65772
the Revised Code, but not less than zero, and one hundred	65773
thirty-two one-thousandths of the inventory fixed-rate levy loss	65774
certified under division (F) of section 5751.20 of the Revised	65775
Code;	65776

(10) On or before August 31, 2010, November 30, 2010, and	65777
February 28, 2011, the sum of one-fourth of the amount determined	65778
by subtracting the amount determined under division (A)(1) of this	65779
section from the sum of the amounts determined under divisions	65780
(D)(1) and (3) of section 5751.20 of the Revised Code, but not	65781
less than zero, and two hundred nineteen one-thousandths of the	65782
inventory fixed-rate levy loss certified under division (F) of	65783
section 5751.20 of the Revised Code;	65784

(11) On or before May 31, 2011, the sum of one-fourth of the	65785
amount determined by subtracting the amount determined under	65786
division (A)(1) of this section from the sum of the amounts	65787
determined under divisions (D)(1) and (3) of section 5751.20 of	65788
the Revised Code, but not less than zero, and one hundred fourteen	65789
one-thousandths of the inventory fixed-rate levy loss certified	65790
under division (F) of section 5751.20 of the Revised Code;	65791

(12) On or before August 31, 2011, November 30, 2011,	65792
February 29, 2012, and May 31, 2012, two hundred seventeen	65793
one-thousandths of the amount determined under division (A)(2) of	65794
this section;	65795

(13) On or before August 31, 2012, November 30, 2012,	65796
February 28, 2013, and May 31, 2013, one hundred eighty-three	65797
one-thousandths of the amount determined under division (A)(2) of	65798
this section;	65799

(14) On or before August 31, 2013, November 30, 2013,	65800
February 28, 2014, and May 31, 2014, one hundred fifty	65801
one-thousandths of the amount determined under division (A)(2) of	65802
this section;	65803

(15) On or before August 31, 2014, November 30, 2014,	65804
February 28, 2015, and May 31, 2015, one hundred seventeen	65805
one-thousandths of the amount determined in division (A)(2) of	65806
this section;	65807

(16) On or before August 31, 2015, November 30, 2015,	65808
February 29, 2016, and May 31, 2016, eighty-three one-thousandths	65809
of the amount determined under division (A)(2) of this section;	65810

(17) On or before August 31, 2016, November 30, 2016,	65811
February 28, 2017, and May 31, 2017, fifty one-thousandths of the	65812
amount determined under division (A)(2) of this section;	65813

(18) On or before August 31, 2017, November 30, 2017,	65814
February 28, 2018, and May 31, 2018, seventeen one-thousandths of	65815
the amount determined in division (A)(2) of this section;	65816

(19) After May 31, 2018, no payments shall be made under this	65817
section.	65818

The department of education shall report to each school	65819
district and joint vocational school district the apportionment of	65820
the payments among the school district's or joint vocational	65821
school district's funds based on the certifications under division	65822
(F) of section 5751.20 of the Revised Code.	65823

(C) For taxes levied within the ten-mill limitation for debt	65824
purposes in tax year 2005, payments shall be made equal to one	65825
hundred per cent of the loss computed as if the tax were a	65826
fixed-rate levy, but those payments shall extend from fiscal year	65827
2006 through fiscal year 2018.	65828

(D)(1) Not later than January 1, 2006, for each fixed-sum	65829
levy of each school district or joint vocational school district	65830
and for each year for which a determination is made under division	65831
(F) of section 5751.20 of the Revised Code that a fixed-sum levy	65832
loss is to be reimbursed, the tax commissioner shall certify to	65833
the department of education the fixed-sum levy loss determined	65834
under that division. The certification shall cover a time period	65835
sufficient to include all fixed-sum levies for which the	65836
commissioner made such a determination. The department shall pay	65837
from the school district property tax replacement fund to the	65838
school district or joint vocational school district one-fourth of	65839
the fixed-sum levy loss so certified for each year on or before	65840
the last day of May, August, and November of the current year and	65841
of February of the following year.	65842

(2) Beginning in 2006, by the first day of January of each	65843
year, the tax commissioner shall review the certification	65844
originally made under division (D)(1) of this section. If the	65845
commissioner determines that a debt levy that had been scheduled	65846
to be reimbursed in the current year has expired, a revised	65847
certification for that and all subsequent years shall be made to	65848
the department of education.	65849

(E) Beginning in September 2007 and through June 2018, the	65850
director of budget and management shall transfer from the school	65851
district tangible property tax replacement fund to the general	65852
revenue fund each of the following:	65853

(1) On the first day of September, the lesser of one-fourth	65854
of the amount certified for that fiscal year under division (A)(2)	65855
of this section or the balance in the school district tangible	65856
property tax replacement fund;	65857

(2) On the first day of December, the lesser of one-fourth of	65858
the amount certified for that fiscal year under division (A)(2) of	65859
this section or the balance in the school district tangible	65860
property tax replacement fund;	65861

(3) On the first day of March, the lesser of one-fourth of	65862
the amount certified for that fiscal year under division (A)(2) of	65863
this section or the balance in the school district tangible	65864
property tax replacement fund;	65865

(4) On the first day of June, the lesser of one-fourth of the	65866
amount certified for that fiscal year under division (A)(2) of	65867
this section or the balance in the school district tangible	65868
property tax replacement fund.	65869

(F) For each of the fiscal years 2006 through 2018, if the	65870
total amount in the school district tangible property tax	65871
replacement fund is insufficient to make all payments under	65872
divisions (B), (C), or (D) of this section at the times the	65873
payments are to be made, the director of budget and management	65874
shall transfer from the general revenue fund to the school	65875
district tangible property tax replacement fund the difference	65876
between the total amount to be paid and the amount in the school	65877
district tangible property tax replacement fund. For each fiscal	65878
year after 2018, at the time payments under division (D) of this	65879
section are to be made, the director of budget and management	65880
shall transfer from the general revenue fund to the school	65881
district property tax replacement fund the amount necessary to	65882
make such payments.	65883

(G) On the fifteenth day of June of 2006 through 2011, the	65884
director of budget and management may transfer any balance in the	65885
school district tangible property tax replacement fund to the	65886
general revenue fund. At the end of fiscal years 2012 through	65887
2018, any balance in the school district tangible property tax	65888
replacement fund shall remain in the fund to be used in future	65889
fiscal years for school purposes.	65890

(H) If all of the territory of a school district or joint	65891
vocational school district is merged with another district, or if	65892
a part of the territory of a school district or joint vocational	65893
school district is transferred to an existing or newly created	65894
district, the department of education, in consultation with the	65895
tax commissioner, shall adjust the payments made under this	65896
section as follows:	65897

(1) For a merger of two or more districts, the machinery and	65898
equipment, inventory, and furniture and fixture fixed-rate levy	65899
losses and the fixed-sum levy losses of the successor district	65900
shall be equal to the sum of the machinery and equipment,	65901
inventory, and furniture and fixtures fixed-rate levy losses as	65902
determined in section 5751.20 of the Revised Code, for each of the	65903
districts involved in the merger.	65904

(2) If property is transferred from one district to a	65905
previously existing district, the amount of machinery and	65906
equipment, inventory, and furniture and fixtures fixed-rate levy	65907
losses that shall be transferred to the recipient district shall	65908
be an amount equal to the total machinery and equipment,	65909
inventory, and furniture and fixtures fixed-rate levy losses times	65910
a fraction, the numerator of which is the value of business	65911
tangible personal property in the land being transferred in the	65912
most recent year for which data are available, and the denominator	65913
of which is the total value of business tangible personal property	65914
in the district from which the land is being transferred in the	65915
most recent year for which data are available.	65916

(3) After December 31, 2004, if property is transferred from	65917
one or more districts to a district that is newly created out of	65918
the transferred property, the newly created district shall be	65919
deemed not to have any machinery and equipment, inventory, or	65920
furniture and fixtures fixed-rate levy losses and the districts	65921
from which the property was transferred shall have no reduction in	65922
their machinery and equipment, inventory, and furniture and	65923
fixtures fixed-rate levy losses.	65924

(4) If the recipient district under division (H)(2) of this	65925
section or the newly created district under divisions (H)(3) of	65926
this section is assuming debt from one or more of the districts	65927
from which the property was transferred and any of the districts	65928
losing the property had fixed-sum levy losses, the department of	65929
education, in consultation with the tax commissioner, shall make	65930
an equitable division of the fixed-sum levy loss reimbursements.	65931

Sec. 5751.22. (A) Not later than January 1, 2006, the tax	65932
commissioner shall compute the payments to be made to each local	65933
taxing unit for each year according to divisions (A)(1), (2), and	65934
(3) of this section, and shall distribute the payments in the	65935
manner prescribed by division (C) of this section. The calculation	65936
of the fixed-sum levy loss shall cover a time period sufficient to	65937
include all fixed-sum levies for which the commissioner	65938
determined, pursuant to division (E) of section 5751.20 of the	65939
Revised Code, that a fixed-sum levy loss is to be reimbursed.	65940

(1) Except as provided in division (A)(3) of this section,	65941
for machinery and equipment, inventory, and furniture and fixtures	65942
fixed-rate levy losses determined under division (D) of section	65943
5751.20 of the Revised Code, payments shall be made in each of the	65944
following years at the following percentages of the machinery and	65945
equipment, inventory, and furniture and fixtures fixed-rate levy	65946
losses:	65947

Year	Percentage for machinery and equipment	Percentage for inventory	Percentage for furniture and fixtures	65948
2006	50%	0%	20%	65949
2007	100%	0%	40%	65950
2008	100%	26.3%	60%	65951
2009	100%	52.6%	80%	65952
2010	100%	78.9%	100%	65953
2011	86.7%	68.4%	86.7%	65954
2012	73.3%	57.9%	73.3%	65955
2013	60%	47.3%	60%	65956
2014	46.7%	36.8%	46.7%	65957
2015	33.3%	26.3%	33.3%	65958
2016	20%	15.8%	20%	65959
2017	6.7%	5.3%	6.7%	65960
2018 and thereafter	0%	0%	0%	65961

(2) For fixed-sum levy losses determined under division (E)	65962
of section 5751.20 of the Revised Code, payments shall be made in	65963
the amount of one hundred per cent of the fixed-sum levy loss for	65964
payments required to be made in 2006 and thereafter.	65965

(3) For taxes levied within the ten-mill limitation for debt	65966
purposes in tax year 2005, payments shall be made based on the	65967
schedule in division (A)(1) of this section for each of the	65968
calendar years 2006 through 2010. For each of the calendar years	65969
2011 through 2017, the percentages for calendar year 2010 shall be	65970
used. No payments shall be made for such levies after calendar	65971
year 2017.	65972

(B) Beginning in 2007, by the thirty-first day of January of	65973
each year, the tax commissioner shall review the calculation	65974
originally made under division (A) of this section of the	65975
fixed-sum levy losses determined under division (E) of section	65976
5751.20 of the Revised Code. If the commissioner determines that a	65977
fixed-sum levy that had been scheduled to be reimbursed in the	65978
current year has expired, a revised calculation for that and all	65979
subsequent years shall be made.	65980

(C) Payments to local taxing units required to be made under	65981
division (A) of this section shall be paid from the local	65982
government tangible property tax replacement fund to the county	65983
undivided income tax fund in the proper county treasury. Beginning	65984
in May 2006, one-fourth of the amount certified under that	65985
division shall be paid by the last day of February, May, August,	65986
and November. The county treasurer shall distribute amounts	65987
determined under division (A) of this section to the proper local	65988
taxing unit as if they had been levied and collected as taxes, and	65989
the local taxing unit shall apportion the amounts so received	65990
among its funds in the same proportions as if those amounts had	65991
been levied and collected as taxes.	65992

(D) For each of the fiscal years 2006 through 2018, if the	65993
total amount in the local government tangible property tax	65994
replacement fund is insufficient to make all payments under	65995
division (C) of this section at the times the payments are to be	65996
made, the director of budget and management shall transfer from	65997
the general revenue fund to the local government tangible property	65998
tax replacement fund the difference between the total amount to be	65999
paid and the amount in the local government tangible property tax	66000
replacement fund. For each fiscal year after 2018, at the time	66001
payments under division (A)(2) of this section are to be made, the	66002
director of budget and management shall transfer from the general	66003
revenue fund to the local government property tax replacement fund	66004
the amount necessary to make such payments.	66005

(E) On the fifteenth day of June of each year from 2006	66006
through 2018, the director of budget and management may transfer	66007
any balance in the local government tangible property tax	66008
replacement fund to the general revenue fund.	66009

(F) If all or a part of the territories of two or more local	66010
taxing units are merged, or unincorporated territory of a township	66011
is annexed by a municipal corporation, the tax commissioner shall	66012
adjust the payments made under this section to each of the local	66013
taxing units in proportion to the tax value loss apportioned to	66014
the merged or annexed territory, or as otherwise provided by a	66015
written agreement between the legislative authorities of the local	66016
taxing units certified to the commissioner not later than the	66017
first day of June of the calendar year in which the payment is to	66018
be made.	66019

Sec. 5751.31. Notwithstanding any section of law to the	66020
contrary, the tax commissioner may issue one or more final	66021
determinations under section 5703.60 of the Revised Code for which	66022
any appeal must be made directly to the supreme court within	66023
thirty days after the date the commissioner issued the	66024
determination if the primary issue raised by the petitioner is an	66025
issue arising under Section 3, 5a, or 13 of Article XII, Ohio	66026
Constitution. Such final determination shall clearly indicate that	66027
any appeal thereof must be made directly to the supreme court	66028
within the thirty-day period prescribed in this division.	66029

Sec. 5751.50. (A) For tax years beginning on or after	66030
January 1, 2008, a refundable credit granted by the tax credit	66031
authority under section 122.17 of the Revised Code may be claimed	66032
under this chapter in the order required under section 5751.98 of	66033
the Revised Code. For purposes of making tax payments under this	66034
chapter, taxes equal to the amount of the refundable credit shall	66035
be considered to be paid to this state on the first day of the tax	66036
year. A credit claimed in tax year 2008 may not be applied against	66037
the tax otherwise due for a quarterly tax reporting period	66038
beginning before July 1, 2008. The refundable credit shall not be	66039
claimed against the tax otherwise due for any quarterly tax	66040
reporting period beginning after the date on which a relocation of	66041
employment positions occurs in violation of an agreement entered	66042
into under sections 122.17 or 122.171 of the Revised Code.	66043

(B) For tax years beginning on or after January 1, 2008, a	66044
nonrefundable credit granted by the tax credit authority under	66045
section 122.171 of the Revised Code may be claimed under this	66046
chapter in the order required under section 5751.98 of the Revised	66047
Code. A credit claimed in tax year 2008 may not be applied against	66048
the tax otherwise due under this chapter for a quarterly tax	66049
reporting period beginning before July 1, 2008. The credit shall	66050
not be claimed against the tax otherwise due for any quarterly tax	66051
reporting period beginning after the date on which a relocation of	66052
employment positions occurs in violation of an agreement entered	66053
into under sections 122.17 or 122.171 of the Revised Code. No	66054
credit shall be allowed under this chapter if the credit was	66055
available against the tax imposed by section 5733.06 or 5747.02 of	66056
the Revised Code, except to the extent the credit was not applied	66057
against such tax.	66058

Sec. 5751.51. (A) As used in this section, "qualified	66059
research expenses" has the same meaning as in section 41 of the	66060
Internal Revenue Code.	66061

(B)(1) For tax years beginning on or after January 1, 2008, a	66062
nonrefundable credit may be claimed under this chapter equal to	66063
seven per cent of the excess of (a) qualified research expenses	66064
incurred in this state by the taxpayer in the tax year for which	66065
the credit is claimed over (b) the taxpayer's average annual	66066
qualified research expenses incurred in this state for the three	66067
preceding tax years.	66068

(2) The taxpayer shall claim the credit allowed under	66069
division (B)(1) of this section in the order required by section	66070
5751.98 of the Revised Code. A credit claimed in tax year 2008 may	66071
not be applied against the tax otherwise due under this chapter	66072
for a quarterly tax reporting period beginning before July 1,	66073
2008. Any credit amount in excess of the tax due under section	66074
5751.03 of the Revised Code, after allowing for any other credits	66075
that precede the credit under this section in the order required	66076
under that section, may be carried forward for seven tax years,	66077
but the amount of the excess credit claimed against the tax for	66078
any quarterly tax reporting period shall be deducted from the	66079
balance carried forward to the next quarterly tax reporting	66080
period.	66081

(3) No credit shall be allowed under this chapter if the	66082
credit was available against the tax imposed by section 5733.06 of	66083
the Revised Code, except to the extent the credit was not applied	66084
against such tax.	66085

Sec. 5751.52. (A) As used in this section:

66086

(1) "Borrower" means any person that receives a loan from the	66087
director of development under section 166.21 of the Revised Code,	66088
regardless of whether the borrower is subject to the tax imposed	66089
by this chapter.	66090

(2) "Qualified research and development loan payments" has	66091
the same meaning as in section 166.21 of the Revised Code.	66092

(3) "Related member" has the same meaning as in section	66093
5733.042 of the Revised Code.	66094

(B) For tax years beginning on or after January 1, 2008, a	66095
nonrefundable credit may be claimed under this chapter equal to a	66096
borrower's qualified research and development loan payments made	66097
during the tax year immediately preceding the tax year for which	66098
the credit is claimed. The amount of the credit for a tax year	66099
shall not exceed one hundred fifty thousand dollars. No taxpayer	66100
is entitled to claim a credit under this section unless the	66101
taxpayer has obtained a certificate issued by the director of	66102
development under division (D) of section 166.21 of the Revised	66103
Code. The credit shall be claimed in the order required under	66104
section 5151.98 of the Revised Code. A credit claimed in tax year	66105
2008 may not be applied against the tax otherwise due under this	66106
chapter for a quarterly tax reporting period beginning before July	66107
1, 2008. No credit shall be allowed under this chapter if the	66108
credit was available against the tax imposed by section 5733.06 or	66109
5747.02 of the Revised Code except to the extent the credit was	66110
not applied against such tax. The credit, to the extent it exceeds	66111
the taxpayer's tax liability for a quarterly tax reporting period	66112
after allowance for any other credits that precede the credit	66113
under this section in that order, shall be carried forward to the	66114
next succeeding quarterly tax reporting period or periods, but the	66115
amount of the excess credit claimed against the tax for any	66116
quarterly tax reporting period shall be deducted from the balance	66117
carried forward to the next quarterly tax reporting period.	66118

(C) A borrower entitled to a credit under this section may	66119
assign the credit, or a portion thereof, to any of the following:	66120

(1) A related member of that borrower;

66121

(2) The owner or lessee of the eligible research and	66122
development project;	66123

(3) A related member of the owner or lessee of the eligible	66124
research and development project.	66125

A borrower making an assignment under this division shall	66126
provide written notice of the assignment to the tax commissioner	66127
and the director of development, in such form as the commissioner	66128
prescribes, before the credit that was assigned is used. The	66129
assignor may not claim the credit to the extent it was assigned to	66130
an assignee. The assignee may claim the credit only to the extent	66131
the assignor has not claimed it.	66132

(D) If any taxpayer is a partner in a partnership or a member	66133
in a limited liability company treated as a partnership for	66134
federal income tax purposes, the taxpayer shall be allowed the	66135
taxpayer's distributive or proportionate share of the credit	66136
available through the partnership or limited liability company.	66137

Sec. 5751.98. (A) To provide a uniform procedure for	66138
calculating the amount of tax due under this chapter, a taxpayer	66139
shall claim any credits to which it is entitled in the following	66140
order:	66141

(1) The nonrefundable jobs retention credit under division	66142
(B) of section 5751.50 of the Revised Code;	66143

(2) The nonrefundable credit for qualified research expenses	66144
under division (B) of section 5751.51 of the Revised Code;	66145

(3) The nonrefundable credit for a borrower's qualified	66146
research and development loan payments under division (B) of	66147
section 5751.52 of the Revised Code;	66148

(4) The refundable jobs creation credit under division (A) of	66149
section 5751.50 of the Revised Code.	66150

(B) For any credit except the credit enumerated in division	66151
(A)(4) of this section, the amount of the credit for a tax period	66152
shall not exceed the tax due after allowing for any other credit	66153
that precedes it in the order required under this section. Any	66154
excess amount of a particular credit may be carried forward if	66155
authorized under the section creating the credit.	66156

Sec. 5751.99. (A) Whoever files a fraudulent refund claim	66157
under section 5751.08 of the Revised Code shall be fined the	66158
greater of not more than one thousand dollars or the amount of the	66159
fraudulent refund requested or imprisoned not more than sixty	66160
days, or both.	66161

(B) Except as provided in this section, whoever violates any	66162
section of this chapter, or any rule adopted by the tax	66163
commissioner under this chapter, shall be fined not more than five	66164
hundred dollars or imprisoned not more than thirty days, or both.	66165

(C) The penalties provided in this section are in addition to	66166
any penalties imposed by the tax commissioner under section	66167
5751.06 of the Revised Code.	66168

Sec. 5919.31. (A) There is hereby created in the state	66169
treasury the national guard benefit fund, which shall consist of	66170
such transfers of moneys or receipts as are made in accordance	66171
with law.	66172

(B) If an active duty member of the Ohio national guard	66173
chooses to purchase life insurance pursuant to the	66174
"Servicemembers' Group Life Insurance Act," 79 Stat. 880 et seq.	66175
(1965), 38 U.S.C. 1965 et seq., the adjutant general shall	66176
reimburse the member in an amount equal to the premium the member	66177
paid pursuant to the act from the national guard benefit fund.	66178

(C) The adjutant general may request additional money from	66179
the controlling board if the money in the fund is not sufficient	66180
to reimburse the members for life insurance premiums pursuant to	66181
this section.	66182

(D) The adjutant general may adopt rules pursuant to Chapter	66183
119. of the Revised Code to implement the requirements of this	66184
section.	66185

(E) As used in this section, "active duty member" means a	66186
member of the Ohio national guard under active duty pursuant to an	66187
executive order of the president of the United States, an act of	66188
the congress of the United States, or section 5919.29 or 5923.21	66189
of the Revised Code.	66190

Sec. 5919.33. ~~Upon certification of availability of funds by~~	66191
~~the director of budget and management, the~~(A) There is hereby	66192
created the national guard benefit fund, which shall consist of	66193
transfers of moneys and receipts into the fund made in accordance	66194
with law.	66195

(B) The adjutant general shall pay a death benefit of ~~twenty~~	66196
one hundred thousand dollars from the ~~appropriations for operating~~	66197
~~expenses~~national guard benefit fund to the beneficiary or	66198
beneficiaries of any active duty member of the Ohio national guard	66199
who dies while performing ~~state~~ active duty ~~under orders issued by~~	66200
~~the adjutant general on behalf of the governor~~, if the beneficiary	66201
or beneficiaries has or have been so designated in a written	66202
statement as prescribed by the adjutant general.	66203

(C) As used in this section, "active duty member" means a	66204
member of the Ohio national guard under active duty pursuant to an	66205
executive order of the president of the United States, an act of	66206
the congress of the United States, or section 5919.29 or 5923.21	66207
of the Revised Code.	66208

Sec. 5919.341. There is hereby created in the state treasury	66209
the national guard scholarship reserve fund. Not later than the	66210
first day of September of each fiscal year, the Ohio board of	66211
regents shall certify to the director of budget and management the	66212
unencumbered balance of the general revenue fund appropriations	66213
made in the immediately preceding fiscal year for purposes of the	66214
Ohio national guard scholarship program created under division (B)	66215
of section 5919.34 of the Revised Code. Upon receipt of the	66216
certification, the director may transfer an amount not exceeding	66217
the certified amount from the general revenue fund to the national	66218
guard scholarship reserve fund. Moneys in the national guard	66219
scholarship reserve fund shall be used to pay scholarship	66220
obligations in excess of the general revenue fund appropriations	66221
made for that purpose. Upon request of the adjutant general, the	66222
Ohio board of regents shall seek controlling board approval to	66223
establish appropriations as necessary.	66224

The director may transfer any unencumbered balance from the	66225
national guard scholarship reserve fund to the general revenue	66226
fund.	66227

Sec. 5920.01. (A) The governor shall organize and maintain	66228
within this state on a cadre or reserve basis military forces	66229
capable of being expanded and trained to defend this state	66230
whenever the Ohio national guard, or a part thereof, is employed	66231
so as to leave this state without adequate defense. In case of an	66232
emergency proclaimed by the president, or the Congress of the	66233
United States, or the governor, or caused by enemy action or	66234
imminent danger thereof, the governor, as commander in chief,	66235
shall expand such forces as the exigency of the occasion requires.	66236
Such forces shall be organized and maintained under regulations	66237
which shall not be inconsistent with such regulations as the	66238
secretary of defense prescribes for discipline and training and	66239
shall be composed of officers commissioned and assigned, and such	66240
able-bodied citizens of the state as are accepted therein. Such	66241
forces shall be equipped with suitable uniforms not in violation	66242
of federal laws or contrary to the regulations of the secretary of	66243
defense. Such forces shall be known as the Ohio military reserve.	66244
During the period of organization on a cadre or reserve basis the	66245
commander in chief may fix lesser rates of pay for armory drill	66246
purposes or for service in encampments and maneuvers. In the event	66247
that the regulations of the department of defense are modified so	66248
as to recognize the Ohio military reserve as a part of the Ohio	66249
national guard not subject to induction into federal service, the	66250
laws pertaining to the Ohio national guard shall apply to the Ohio	66251
military reserve and it shall be known as a component of the Ohio	66252
national guard.	66253

(B) The commander of the Ohio military reserve shall report	66254
all expenditures and the use of all funds by the Ohio military	66255
reserve to the general assembly. The commander annually shall	66256
deliver the report, in writing, within three months of the end of	66257
the state fiscal year.	66258

Sec. 6109.21. (A) Except as provided in divisions (D) and	66259
(E) of this section, on and after January 1, 1994, no person shall	66260
operate or maintain a public water system in this state without a	66261
license issued by the director of environmental protection. A	66262
person who operates or maintains a public water system on January	66263
1, 1994, shall obtain an initial license under this section in	66264
accordance with the following schedule:	66265

(1) If the public water system is a community water system,	66266
not later than January 31, 1994;	66267

(2) If the public water system is not a community water	66268
system and serves a nontransient population, not later than	66269
January 31, 1994;	66270

(3) If the public water system is not a community water	66271
system and serves a transient population, not later than January	66272
31, 1995.	66273

A person proposing to operate or maintain a new public water	66274
system after January 1, 1994, in addition to complying with	66275
section 6109.07 of the Revised Code and rules adopted under it,	66276
shall submit an application for an initial license under this	66277
section to the director prior to commencing operation of the	66278
system.	66279

A license or license renewal issued under this section shall	66280
be renewed annually. Such a license or license renewal shall	66281
expire on the thirtieth day of January in the year following its	66282
issuance. A license holder that proposes to continue operating the	66283
public water system for which the license or license renewal was	66284
issued shall apply for a license renewal at least thirty days	66285
prior to that expiration date.	66286

The director shall adopt, and may amend and rescind, rules in	66287
accordance with Chapter 119. of the Revised Code establishing	66288
procedures governing and information to be included on	66289
applications for licenses and license renewals under this section.	66290
Through June 30, ~~2006~~2008, each application shall be accompanied	66291
by the appropriate fee established under division (M) of section	66292
3745.11 of the Revised Code, provided that an applicant for an	66293
initial license who is proposing to operate or maintain a new	66294
public water system after January 1, 1994, shall submit a fee that	66295
equals a prorated amount of the appropriate fee established under	66296
that division for the remainder of the licensing year.	66297

(B) Not later than thirty days after receiving a completed	66298
application and the appropriate license fee for an initial license	66299
under division (A) of this section, the director shall issue the	66300
license for the public water system. Not later than thirty days	66301
after receiving a completed application and the appropriate	66302
license fee for a license renewal under division (A) of this	66303
section, the director shall do one of the following:	66304

(1) Issue the license renewal for the public water system;

66305

(2) Issue the license renewal subject to terms and conditions	66306
that the director determines are necessary to ensure compliance	66307
with this chapter and rules adopted under it;	66308

(3) Deny the license renewal if the director finds that the	66309
public water system was not operated in substantial compliance	66310
with this chapter and rules adopted under it.	66311

(C) The director may suspend or revoke a license or license	66312
renewal issued under this section if the director finds that the	66313
public water system was not operated in substantial compliance	66314
with this chapter and rules adopted under it. The director shall	66315
adopt, and may amend and rescind, rules in accordance with Chapter	66316
119. of the Revised Code governing such suspensions and	66317
revocations.	66318

(D)(1) As used in division (D) of this section, "church"	66319
means a fellowship of believers, congregation, society,	66320
corporation, convention, or association that is formed primarily	66321
or exclusively for religious purposes and that is not formed or	66322
operated for the private profit of any person.	66323

(2) This section does not apply to a church that operates or	66324
maintains a public water system solely to provide water for that	66325
church or for a campground that is owned by the church and	66326
operated primarily or exclusively for members of the church and	66327
their families. A church that, on or before March 5, 1996, has	66328
obtained a license under this section for such a public water	66329
system need not obtain a license renewal under this section.	66330

(E) This section does not apply to any public or nonpublic	66331
school that meets minimum standards of the state board of	66332
education that operates or maintains a public water system solely	66333
to provide water for that school.	66334

Sec. 6111.02. As used in this section and sections 6111.021	66335
to 6111.028 and 6111.0210 to 6111.0213 of the Revised Code:	66336

(A) "Category 1 wetland," "category 2 wetland," or "category	66337
3 wetland" means a category 1 wetland, category 2 wetland, or	66338
category 3 wetland, respectively, as described in rule 3745-1-54	66339
of the Administrative Code, as that rule existed on ~~the effective~~	66340
~~date of this section~~July 17, 2001, and as determined to be a	66341
category 1, category 2, or category 3 wetland, respectively,	66342
through application of the "Ohio rapid assessment method for	66343
wetlands version 5.0," including the Ohio rapid assessment method	66344
for wetlands version 5.0 quantitative score calibration dated	66345
August 15, 2000, unless an application for a section 401 water	66346
quality certification was submitted prior to February 28, 2001, in	66347
which case the applicant for the permit may elect to proceed in	66348
accordance with Ohio rapid assessment method for wetlands version	66349
4.1.	66350

(B) "Creation" means the establishment of a wetland where one	66351
did not formerly exist and that involves wetland construction on	66352
nonhydric soils.	66353

(C) "Discharge of dredged material" and "discharge of fill	66354
material" have the same meanings as in 33 C.F.R 323.2 as effective	66355
February 16, 2001.	66356

(D) "Dredged material" or "dredge material" means material	66357
that is excavated or dredged from a wetland, including an isolated	66358
wetland, or a stream. "Dredged material" does not include material	66359
resulting from normal farming, silviculture, and ranching	66360
activities, such as plowing, cultivating, seeding, and harvesting,	66361
for production of food, fiber, and forest products.	66362

(E) "Enhancement" means activities conducted in an existing	66363
wetland to improve or repair existing or natural wetland functions	66364
and values of that wetland.	66365

~~(D)~~(F) "Ephemeral stream" means a stream that flows only in	66366
direct response to precipitation in the immediate watershed or in	66367
response to the melting of a cover of snow and ice and that has	66368
channel bottom that is always above the local water table.	66369

(G) "Fill material" means any material that is used to fill	66370
an aquatic area, to replace an aquatic area with dry land, or to	66371
change the bottom elevation of a wetland or stream for any purpose	66372
and that consists of suitable material that is free from toxic	66373
contaminants in other than trace quantities. "Fill material" does	66374
not include either of the following:	66375

(1) Material resulting from normal farming, silviculture, and	66376
ranching activities, such as plowing, cultivating, seeding, and	66377
harvesting, for the production of food, fiber, and forest	66378
products;	66379

(2) Material placed for the purpose of maintenance of	66380
existing structures, including emergency reconstruction of	66381
recently damaged parts of currently serviceable structures such as	66382
dikes, dams, levees, groins, riprap, breakwaters, causeways, and	66383
bridge abutments or approaches, and transportation structures.	66384

~~(E)~~(H) "Filling" means the addition of fill material into a	66385
wetland or stream for the purpose of creating upland, changing the	66386
bottom elevation of the wetland or stream, or creating	66387
impoundments of water. "Filling" includes, without limitation, the	66388
placement of the following in wetlands or streams: fill material	66389
that is necessary for the construction of any structure;	66390
structures or impoundments requiring rock, sand, dirt, or other	66391
material for its construction; site-development fills for	66392
recreational, industrial, commercial, residential, or other uses;	66393
causeways or road fills; dams and dikes; artificial islands,	66394
property protection, or reclamation devices such as riprap,	66395
groins, seawalls, breakwalls, and bulkheads and fills; beach	66396
nourishment; levees; sanitary landfills; fill material for	66397
structures such as sewage treatment facilities, intake and outfall	66398
pipes associated with power plants, and underwater utility lines;	66399
and artificial reefs.	66400

~~(F)~~(I) "Intermittent stream" means a stream that is below the	66401
local water table and flows for at least a part of each year and	66402
that obtains its flow from both surface runoff and ground water	66403
discharge.	66404

(J) "Isolated wetland" means a wetland that is not subject to	66405
regulation under the Federal Water Pollution Control Act.	66406

~~(G)~~(K) "Mitigation" means the restoration, creation,	66407
enhancement, or, in exceptional circumstances, preservation of	66408
wetlands or streams, as applicable, expressly for the purpose of	66409
compensating for wetland or stream impacts.	66410

~~(H)~~(L) "Mitigation bank service area" means the designated	66411
area where a mitigation bank can reasonably be expected to provide	66412
appropriate compensation for impacts to wetlands and other aquatic	66413
resources and that is designated as such in accordance with the	66414
process established in the "Federal Guidance for the	66415
Establishment, Use and Operation of Mitigation Banks (1995)," 60	66416
FR 58605.	66417

~~(I)~~(M) "Off-site mitigation" means wetland restoration,	66418
creation, enhancement, or preservation occurring farther than one	66419
mile from a project boundary, but within the same watershed.	66420

~~(J)~~(N) "On-site mitigation" means wetland restoration,	66421
creation, enhancement, or preservation occurring within and not	66422
more than one mile from the project boundary and within the same	66423
watershed.	66424

~~(K)~~(O) "Perennial stream" means a stream or a part of a	66425
stream that flows continuously during all of the calendar year as	66426
a result of ground water discharge or surface water runoff.	66427
"Perennial stream" does not include an intermittent stream or an	66428
ephemeral stream.	66429

(P) "Practicable" means available and capable of being	66430
executed with existing technology and without significant adverse	66431
effect on the economic feasibility of the project in light of the	66432
overall project purposes and in consideration of the relative	66433
environmental benefit.	66434

~~(L)~~(Q) "Preservation" means the protection of ecologically	66435
important wetlands in perpetuity through the implementation of	66436
appropriate legal mechanisms to prevent harm to the wetlands.	66437
"Preservation" may include protection of adjacent upland areas as	66438
necessary to ensure protection of a wetland.	66439

~~(M)~~(R) "Restoration" means the reestablishment of a	66440
previously existing wetland at a site where it has ceased to	66441
exist.	66442

~~(N)~~(S) "Section 401 water quality certification" means	66443
certification pursuant to section 401 of the Federal Water	66444
Pollution Control Act and this chapter and rules adopted under it	66445
that any discharge, as set forth in section 401, will comply with	66446
sections 301, 302, 303, 306, and 307 of the Federal Water	66447
Pollution Control Act.	66448

(T) "State isolated wetland permit" means a permit issued in	66449
accordance with sections 6111.02 to 6111.027 of the Revised Code	66450
authorizing the filling of an isolated wetland.	66451

~~(O)~~(U) "Watershed" means a common surface drainage area	66452
corresponding to one from the list of thirty-seven adapted from	66453
the forty-four cataloging units as depicted on the hydrologic unit	66454
map of Ohio, United States geological survey, 1988, and as	66455
described in division (F)(2) of rule 3745-1-54 of the	66456
Administrative Code or as otherwise shown on map number 1 found in	66457
rule 3745-1-54 of the Administrative Code. "Watershed" is limited	66458
to those parts of the cataloging units that geographically lie	66459
within the borders of this state.	66460

~~(P)~~(V) "Wetlands" means those areas that are inundated or	66461
saturated by surface or ground water at a frequency and duration	66462
that are sufficient to support, and that under normal	66463
circumstances do support, a prevalence of vegetation typically	66464
adapted for life in saturated soil conditions. "Wetlands" includes	66465
swamps, marshes, bogs, and similar areas that are delineated in	66466
accordance with the 1987 United States army corps of engineers	66467
wetland delineation manual and any other procedures and	66468
requirements adopted by the United States army corps of engineers	66469
for delineating wetlands.	66470

~~(Q)~~(W) "Wetland mitigation bank" means a site where wetlands	66471
have been restored, created, enhanced, or, in exceptional	66472
circumstances, preserved expressly for the purpose of providing	66473
mitigation for impacts to wetlands and that has been approved in	66474
accordance with the process established in the "Federal Guidance	66475
for the Establishment, Use and Operation of Mitigation Banks	66476
(1995)," 60 FR 58605.	66477

Sec. 6111.0210. (A) Sections 6111.0210 and 6111.0211 of the	66478
Revised Code apply to wetlands that are not isolated wetlands.	66479

(B) The discharge of dredge or fill material into a category	66480
1 or a category 2 wetland of three acres or less or such a	66481
discharge impacting a portion of an ephemeral stream of one	66482
thousand linear feet or less, a portion of an intermittent stream	66483
of five hundred linear feet or less, or a portion of a perennial	66484
stream of one hundred linear feet or less shall require a section	66485
401 water quality certification issued by the director of	66486
environmental protection and shall be subject to level one review	66487
requirements established under division (C) of this section.	66488

(C) Level one review shall apply only to the discharge of	66489
dredge or fill material into a category 1 or category 2 wetland or	66490
an ephemeral, intermittent, or perennial stream, as applicable, as	66491
described in division (B) of this section. A level one review	66492
shall require, and is limited to, the submission of a pre-activity	66493
notice that includes an application; an acceptable delineation; a	66494
wetland or stream categorization, as applicable; a description of	66495
the project; a description of the acreage of the wetland or of the	66496
linear footage of the stream, as applicable, that will be subject	66497
to dredging or filling; site photographs; and a mitigation	66498
proposal for the impact to the wetland or stream, as applicable,	66499
that includes both of the following:	66500

(1) The submission of an analysis of technically feasible and	66501
economically reasonable on-site alternatives to the proposed	66502
dredging or filling of the wetland or stream, as applicable, that	66503
would have a less adverse impact on the wetland ecosystem;	66504

(2) The submission of information indicating whether high	66505
quality waters, as defined in rule 3745-1-05 of the Administrative	66506
Code, are to be avoided by the proposed dredging or filling of the	66507
wetland or stream, as applicable.	66508

(D) The director shall grant or deny a section 401 water	66509
quality certification for the proposed dredging or filling of a	66510
wetland or stream that is subject to level one review not later	66511
than one hundred twenty days after receipt of an application for	66512
the certification. The director shall issue a section 401 water	66513
quality certification after a level one review unless the director	66514
determines that the applicant has failed to demonstrate all of the	66515
following:	66516

(1) There is no technically feasible and economically	66517
reasonable on-site alternative to the proposed dredging or filling	66518
that would have a less adverse impact on the wetland or stream	66519
ecosystem.	66520

(2) Reasonable buffers have been provided for any wetland or	66521
stream that will be avoided at the site where the proposed	66522
dredging or filling will take place.	66523

(3) The wetland or stream is not locally or regionally scarce	66524
within the watershed in which it is located and does not contain	66525
endangered species.	66526

(4) The impact would not result in significant degradation to	66527
the aquatic ecosystem.	66528

(5) Appropriate mitigation has been proposed for any	66529
unavoidable impacts.	66530

(6) Storm water and water quality controls will be installed	66531
to ensure that peak post-development rates of surface water runoff	66532
from the impacted wetland or stream do not greatly exceed the peak	66533
pre-development rates of surface water runoff from the wetland or	66534
stream. Water quality improvement measures shall be incorporated	66535
into the design of the storm water control measures that are	66536
required by laws of this state and federal law.	66537

(7) Any additional, technically feasible and economically	66538
reasonable, site-specific requirements that are determined	66539
necessary by the director to protect water quality have been	66540
satisfied.	66541

(E) Mitigation for the proposed dredging or filling of a	66542
wetland or stream that is subject to level one review shall be	66543
conducted by the applicant. Without the objection of the director	66544
and at the discretion of the applicant, the applicant shall	66545
conduct either on-site mitigation, mitigation at a wetland	66546
mitigation bank within the same United States army corps of	66547
engineers district as the location of the proposed dredging or	66548
filling of the wetland or stream, or off-site mitigation.	66549

Sec. 6111.0211. (A) The discharge of dredge or fill material	66550
into a category 1 or category 2 wetland of greater than three	66551
acres or a category 3 wetland or such a discharge impacting a	66552
portion of an ephemeral stream of greater than one thousand linear	66553
feet, a portion of an intermittent stream greater than five	66554
hundred linear feet, or a portion of a perennial stream of greater	66555
than one hundred linear feet shall require a section 401 water	66556
quality certification issued by the director of environmental	66557
protection and shall be subject to level two review requirements	66558
established under division (B) of this section.	66559

(B) Level two review shall apply to the discharge of dredge	66560
or fill material into a category 1, category 2, or category 3	66561
wetland or an ephemeral, intermittent, or perennial stream	66562
described in division (A) of this section and shall require all of	66563
the following:	66564

(1) All of the information required to be submitted with a	66565
pre-activity notice as described in division (C) of section	66566
6111.0210 of the Revised Code;	66567

(2) A full antidegradation review conducted in accordance	66568
with rules adopted under section 6111.12 of the Revised Code;	66569

(3) The submission of information indicating whether high	66570
quality waters, as defined in rule 3745-1-05 of the Administrative	66571
Code, are to be avoided by the proposed dredging or filling of the	66572
wetland or stream, as applicable.	66573

(C) The director shall issue or deny a section 401 water	66574
quality certification for the proposed dredging or filling of a	66575
wetland or stream that is subject to level two review not later	66576
than one hundred and fifty days after the receipt of an	66577
application for the certification. The director shall not issue a	66578
section 401 water quality certification for the proposed dredging	66579
or filling of a wetland or stream that is subject to level two	66580
review unless the director determines that the applicant for the	66581
certification has demonstrated that the proposed dredging or	66582
filling will not prevent or interfere with the attainment or	66583
maintenance of applicable state water quality standards.	66584

(D)(1) Notwithstanding division (C) of this section, the	66585
director also may deny an application for a section 401 water	66586
quality certification submitted under this section if the director	66587
determines that the proposed dredging or filling of the wetland or	66588
stream will result in an adverse short-term or long-term impact on	66589
water quality.	66590

(2) The director may impose terms and conditions on a section	66591
401 water quality certification issued under this section that are	66592
appropriate or necessary to ensure adequate protection of state	66593
water quality and to ensure compliance with this chapter and rules	66594
adopted under it.	66595

(3) Prior to the issuance of a section 401 water quality	66596
certification under this section, or prior to, during, or after	66597
the dredging or filling of the wetland or stream that is the	66598
subject of the certification, the director may require that the	66599
applicant or certification holder perform various environmental	66600
quality tests, including, without limitation, chemical analyses of	66601
water, sediment, or fill material and bioassays, in order to	66602
ensure adequate protection of water quality.	66603

(E) Mitigation for the proposed dredging or filling of a	66604
wetland or stream that is subject to level two review shall be	66605
conducted by the applicant and shall occur in the following	66606
preferred order:	66607

(1) Technically feasible and economically reasonable	66608
mitigation to the extent that the on-site mitigation would provide	66609
significant benefits to the aquatic habitat despite the	66610
modification of the site due to development;	66611

(2) Technically feasible and economically reasonable off-site	66612
mitigation within the same watershed;	66613

(3) If the proposed dredging or filling of the wetland or	66614
stream will take place within a mitigation bank service area,	66615
within that mitigation bank service area;	66616

(4) If there is a significant ecological reason that the	66617
mitigation should not be limited to the watershed in which the	66618
wetland or stream is located and if the proposed mitigation will	66619
result in a substantially greater ecological benefit, in a	66620
watershed that is adjacent to the watershed in which the wetland	66621
or stream is located.	66622

Sec. 6111.0212. (A) Not later than fifteen business days	66624
after the receipt of an application for a section 401 water	66625
quality certification, the director of environmental protection	66626
shall notify the applicant if the application is complete. If the	66627
application is not complete, the director shall include in the	66628
notice an itemized list of the information or materials that are	66629
necessary to complete the application. Time periods specified in	66630
statute or rule shall be tolled until the application is	66631
determined by the director to be complete.	66632

(B) Not later than twenty-one days after the receipt of a	66633
complete application, the director shall publish notice of its	66634
receipt in a newspaper of general circulation in the county in	66635
which the proposed project that is the subject of the application	66636
is to take place. The notice shall contain only the following:	66637

(1) The name of the applicant;

66638

(2) The proposed location of the project;

66639

(3) A description of the proposed impact;

66640

(4) The proposed mitigation of the impact.

66641

The director shall accept comments concerning the application	66642
and requests for a public hearing concerning the application for	66643
not more than fifteen days following the publication of notice	66644
concerning the application.	66645

(C) If the director receives a request for a public hearing	66646
on the application and the director determines that there is	66647
significant public interest in such a hearing as evidenced by the	66648
public comments received concerning the application and other	66649
requests for a public hearing on the application, the director or	66650
the director's representative shall conduct a public hearing	66651
concerning the application. Notice of the public hearing shall be	66652
published not later than thirty days prior to the date of the	66653
hearing in a newspaper of general circulation in the county in	66654
which the project that is the subject of the application is to	66655
take place. If a public hearing is requested concerning an	66656
application, the director shall accept comments concerning the	66657
application until five business days after the public hearing. A	66658
public hearing conducted under this division shall take place not	66659
later than seventy days after the receipt of the application.	66660

Sec. 6111.0213. All wetland, stream, or lake mitigation	66661
standards, scientific methods, processes, and other procedures or	66662
policies that are used by or approved for use by the director of	66663
environmental protection to evaluate or measure or to determine	66664
the approval or denial of a mitigation proposal shall be subject	66665
to sections 119.03 and 119.032 of the Revised Code before the	66666
standards, scientific methods, processes, or other procedures or	66667
policies have the force of law. Until that time, any such	66668
mitigation standards, scientific methods, processes, or any other	66669
procedures or policies that are used by or approved for use by the	66670
director to evaluate, measure, or determine the success, approval,	66671
or denial of a mitigation proposal, but that have not been subject	66672
to review under sections 119.03 and 119.032 of the Revised Code	66673
shall not be used as the basis for any certification or permit	66674
denial or as a standard applied to mitigation. All wetland	66675
restoration or creation performed for mitigation of wetland	66676
impacts authorized by the director shall result in the restoration	66677
or creation of wetlands that meet or exceed the quality of the	66678
wetland impacted as measured by the Ohio rapid assessment method.	66679

Section 101.02. That existing sections 9.06, 9.24, 9.833,	66680
9.90, 101.68, 102.01, 105.41, 108.05, 109.57, 109.572, 109.91,	66681
117.10, 117.16, 120.06, 120.13, 120.23, 120.52, 120.53, 121.37,	66682
121.38, 122.011, 122.17, 122.171, 122.603, 122.71, 122.72, 122.73,	66683
122.74, 122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82,	66684
122.83, 123.152, 123.17, 125.041, 125.05, 125.831, 125.832,	66685
126.25, 127.16, 131.02, 131.23, 133.09, 140.01, 140.08, 141.011,	66686
141.04, 145.01, 145.33, 147.05, 147.10, 147.11, 147.12, 147.371,	66687
150.07, 150.10, 153.44, 173.40, 181.251, 181.51, 181.52, 181.54,	66688
181.55, 181.56, 183.28, 184.02, 307.88, 317.08, 317.36, 319.20,	66689
319.301, 319.302, 319.54, 321.24, 323.01, 323.152, 323.17, 325.31,	66690
329.04, 329.051, 339.72, 339.73, 339.88, 340.03, 340.16, 718.09,	66691
718.10, 723.52, 723.53, 742.59, 901.43, 905.32, 905.33, 905.331,	66692
905.36, 905.37, 905.38, 905.381, 905.50, 905.501, 905.66, 907.16,	66693
911.02, 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16,	66694
923.44, 923.45, 923.46, 927.69, 1327.511, 1327.62, 1327.99,	66695
1502.02, 1515.14, 1517.02, 1521.062, 1531.27, 1533.10, 1533.11,	66696
1533.111, 1533.112, 1533.12, 1533.32, 1541.03, 1548.06, 1711.53,	66697
1713.03, 1751.03, 1901.26, 1901.31, 1907.24, 2113.041, 2151.031,	66698
2151.352, 2151.416, 2151.86, 2152.43, 2152.74, 2303.201, 2305.234,	66699
2329.66, 2744.05, 2901.07, 2913.40, 2919.22, 2921.13, 2923.25,	66700
2925.01, 2925.04, 2925.041, 2929.13, 2929.14, 2967.13, 3107.10,	66701
3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, 3301.0710,	66702
3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, 3301.311,	66703
3301.32, 3301.86, 3301.88, 3311.19, 3313.12, 3313.202, 3313.207,	66704
3313.208, 3313.209, 3313.33, 3313.489, 3313.975, 3313.976,	66705
3313.977, 3313.978, 3313.98, 3314.013, 3314.015, 3314.02,	66706
3314.021, 3314.03, 3314.06, 3314.074, 3314.08, 3314.13, 3315.17,	66707
3315.18, 3315.37, 3316.06, 3316.16, 3317.01, 3317.012, 3317.013,	66708
3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.026,	66709
3317.027, 3317.028, 3317.029, 3317.0212, 3317.0216, 3317.0217,	66710
3317.03, 3317.05, 3317.052, 3317.053, 3317.06, 3317.081, 3317.09,	66711
3317.10, 3317.16, 3317.20, 3317.21, 3317.22, 3317.23, 3317.50,	66712
3317.51, 3318.011, 3318.33, 3319.081, 3319.17, 3319.22, 3319.235,	66713
3319.55, 3323.021, 3323.091, 3323.14, 3323.16, 3327.01, 3332.092,	66714
3333.04, 3333.044, 3333.12, 3333.121, 3333.27, 3333.28, 3333.36,	66715
3333.38, 3334.01, 3334.02, 3334.03, 3334.07, 3334.08, 3334.09,	66716
3334.10, 3334.11, 3334.12, 3334.15, 3334.16, 3334.17, 3334.18,	66717
3345.10, 3345.32, 3353.01, 3353.06, 3353.07, 3365.01, 3365.02,	66718
3365.021, 3365.04, 3365.041, 3365.05, 3365.07, 3365.08, 3365.10,	66719
3375.40, 3375.48, 3375.49, 3375.54, 3375.55, 3377.03, 3383.02,	66720
3501.141, 3501.17, 3701.021, 3701.023, 3701.146, 3701.65,	66721
3702.141, 3702.51, 3702.68, 3702.74, 3703.01, 3703.03, 3703.04,	66722
3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.99, 3705.24,	66723
3709.29, 3709.34, 3712.03, 3714.07, 3721.01, 3721.03, 3721.07,	66724
3721.15, 3721.21, 3721.50, 3721.51, 3721.52, 3721.56, 3721.58,	66725
3722.01, 3722.02, 3734.01, 3734.28, 3734.57, 3734.901, 3734.9010,	66726
3743.57, 3745.11, 3745.12, 3746.04, 3746.071, 3748.07, 3748.13,	66727
3773.34, 3773.38, 3773.39, 3773.40, 3773.57, 3793.09, 3901.021,	66728
3901.17, 3901.78, 3903.14, 3905.04, 3905.36, 3905.40, 3923.27,	66729
4112.12, 4117.03, 4117.08, 4117.24, 4123.27, 4141.29, 4301.10,	66730
4301.42, 4301.43, 4305.01, 4505.06, 4511.75, 4519.02, 4519.09,	66731
4561.17, 4561.18, 4561.21, 4703.15, 4705.09, 4709.05, 4731.65,	66732
4731.71, 4736.11, 4736.12, 4753.03, 4753.06, 4753.071, 4753.08,	66733
4753.09, 4757.30, 4775.04, 4905.10, 4905.54, 4905.95, 4911.02,	66734
4911.18, 4973.171, 5101.181, 5101.21, 5101.24, 5101.241, 5101.26,	66735
5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, 5101.752,	66736
5101.80, 5101.801, 5101.821, 5104.01, 5104.32, 5104.38, 5107.05,	66737
5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, 5110.352,	66738
5110.39, 5111.019, 5111.0112, 5111.02, 5111.021, 5111.023,	66739
5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111,	66740
5111.113, 5111.16, 5111.19, 5111.20, 5111.204, 5111.21, 5111.22,	66741
5111.221, 5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25,	66742
5111.251, 5111.255, 5111.257, 5111.26, 5111.261, 5111.263,	66743
5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31,	66744
5111.32, 5111.33, 5111.62, 5111.85, 5111.87, 5111.88, 5111.911,	66745
5111.97, 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, 5112.31,	66746
5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 5120.16, 5120.48,	66747
5120.51, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 5121.06,	66748
5121.061, 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12,	66749
5121.21, 5122.03, 5122.04, 5122.31, 5123.01, 5123.046, 5123.047,	66750
5123.049, 5123.0412, 5123.19, 5123.196, 5123.20, 5123.34,	66751
5123.701, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 5126.054,	66752
5126.055, 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, 5153.16,	66753
5502.01, 5502.03, 5517.02, 5540.01, 5540.09, 5543.19, 5549.01,	66754
5573.13, 5575.01, 5701.03, 5703.052, 5703.053, 5703.47, 5703.50,	66755
5703.70, 5703.80, 5705.02, 5705.091, 5705.214, 5705.29, 5705.391,	66756
5705.392, 5709.07, 5709.40, 5709.41, 5709.73, 5709.77, 5709.78,	66757
5711.21, 5711.22, 5713.08, 5715.24, 5719.041, 5725.19, 5727.01,	66758
5727.02, 5727.06, 5727.10, 5727.11, 5727.111, 5727.12, 5727.81,	66759
5727.82, 5727.84, 5727.85, 5728.01, 5728.02, 5728.03, 5728.04,	66760
5728.06, 5728.08, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14,	66761
5731.18, 5731.181, 5731.22, 5731.23, 5731.39, 5731.41, 5733.01,	66762
5733.065, 5733.066, 5733.33, 5733.351, 5733.352, 5733.40, 5733.41,	66763
5733.49, 5739.01, 5739.02, 5739.025, 5739.10, 5741.02, 5743.01,	66764
5743.02, 5743.03, 5743.05, 5743.071, 5743.08, 5743.14, 5743.15,	66765
5743.16, 5743.18, 5743.19, 5743.20, 5743.32, 5743.33, 5743.51,	66766
5743.62, 5743.63, 5747.01, 5747.02, 5747.05, 5747.08, 5747.331,	66767
5747.70, 5747.80, 5747.98, 5748.01, 5748.02, 5748.03, 5748.04,	66768
5748.08, 5749.02, 5919.33, 5920.01, 6109.21, and 6111.02 of the	66769
Revised Code are hereby repealed.	66770

Section 105.01. That sections Sec. 181.53. , Sec. 339.77. , Sec. 742.36. ,	66771
Sec. 1541.221. , Sec. 3301.31. , Sec. 3301.33. , Sec. 3301.34. , Sec. 3301.35. , Sec. 3301.36. , Sec. 3301.37. ,	66772
Sec. 3301.38. , Sec. 3301.80. , Sec. 3301.85. , Sec. 3301.87. , Sec. 3311.40. , Sec. 3317.0213. , Sec. 3353.02. ,	66773
Sec. 3353.03. , Sec. 3353.04. , Sec. 3721.511. , Sec. 3901.41. , Sec. 3901.781. , Sec. 3901.782. , Sec. 3901.783. ,	66774
Sec. 3901.784. , Sec. 5101.751. , Sec. 5101.753. , Sec. 5101.754. , Sec. 5111.041. , Sec. 5111.205. ,	66775
Sec. 5111.262. , Sec. 5111.34. , Sec. 5115.10. , Sec. 5115.11. , Sec. 5115.12. , Sec. 5115.13. , Sec. 5115.14. ,	66776
Sec. 5123.041. , Sec. 5123.048. , Sec. 5571.13. , Sec. 5731.20. , Sec. 5733.122. , and Sec. 6111.028. of	66777
the Revised Code are hereby repealed.	66778

Section 120.07. That sections 3215.18, 5101.35, 5101.80,	66779
5101.801, and 5153.16 of the Revised Code be further amended to	66780
read as follows:	66781

Sec. 3125.18. A child support enforcement agency shall	66782
administer a Title IV-A program identified under division	66783
(A)~~(3)~~(4)(c) or ~~(e)~~(f) of section 5101.80 of the Revised Code that	66784
the department of job and family services provides for the agency	66785
to administer under the department's supervision pursuant to	66786
section 5101.801 of the Revised Code.	66787

Sec. 5101.35. (A) As used in this section:

66788

(1) "Agency" means the following entities that administer a	66789
family services program:	66790

(a) The department of job and family services;

66791

(b) A county department of job and family services;

66792

66793

(d) A private or government entity administering, in whole or	66794
in part, a family services program for or on behalf of the	66795
department of job and family services or a county department of	66796
job and family services or public children services agency.	66797

(2) "Appellant" means an applicant, participant, former	66798
participant, recipient, or former recipient of a family services	66799
program who is entitled by federal or state law to a hearing	66800
regarding a decision or order of the agency that administers the	66801
program.	66802

(3) "Family services program" means assistance provided under	66803
a Title IV-A program as defined in section 5101.80 of the Revised	66804
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	66805
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the	66806
Revised Code, other than assistance provided under section 5101.46	66807
of the Revised Code by the department of mental health, the	66808
department of mental retardation and developmental disabilities, a	66809
board of alcohol, drug addiction, and mental health services, or a	66810
county board of mental retardation and developmental disabilities.	66811

(B) Except as provided by division (G) of this section, an	66812
appellant who appeals under federal or state law a decision or	66813
order of an agency administering a family services program shall,	66814
at the appellant's request, be granted a state hearing by the	66815
department of job and family services. This state hearing shall be	66816
conducted in accordance with rules adopted under this section. The	66817
state hearing shall be tape-recorded, but neither the recording	66818
nor a transcript of the recording shall be part of the official	66819
record of the proceeding. A state hearing decision is binding upon	66820
the agency and department, unless it is reversed or modified on	66821
appeal to the director of job and family services or a court of	66822
common pleas.	66823

(C) Except as provided by division (G) of this section, an	66824
appellant who disagrees with a state hearing decision may make an	66825
administrative appeal to the director of job and family services	66826
in accordance with rules adopted under this section. This	66827
administrative appeal does not require a hearing, but the director	66828
or the director's designee shall review the state hearing decision	66829
and previous administrative action and may affirm, modify, remand,	66830
or reverse the state hearing decision. Any person designated to	66831
make an administrative appeal decision on behalf of the director	66832
shall have been admitted to the practice of law in this state. An	66833
administrative appeal decision is the final decision of the	66834
department and is binding upon the department and agency, unless	66835
it is reversed or modified on appeal to the court of common pleas.	66836

(D) An agency shall comply with a decision issued pursuant to	66837
division (B) or (C) of this section within the time limits	66838
established by rules adopted under this section. If a county	66839
department of job and family services or a public children	66840
services agency fails to comply within these time limits, the	66841
department may take action pursuant to section 5101.24 of the	66842
Revised Code. If another agency fails to comply within the time	66843
limits, the department may force compliance by withholding funds	66844
due the agency or imposing another sanction established by rules	66845
adopted under this section.	66846

(E) An appellant who disagrees with an administrative appeal	66847
decision of the director of job and family services or the	66848
director's designee issued under division (C) of this section may	66849
appeal from the decision to the court of common pleas pursuant to	66850
section 119.12 of the Revised Code. The appeal shall be governed	66851
by section 119.12 of the Revised Code except that:	66852

(1) The person may appeal to the court of common pleas of the	66853
county in which the person resides, or to the court of common	66854
pleas of Franklin county if the person does not reside in this	66855
state.	66856

(2) The person may apply to the court for designation as an	66857
indigent and, if the court grants this application, the appellant	66858
shall not be required to furnish the costs of the appeal.	66859

(3) The appellant shall mail the notice of appeal to the	66860
department of job and family services and file notice of appeal	66861
with the court within thirty days after the department mails the	66862
administrative appeal decision to the appellant. For good cause	66863
shown, the court may extend the time for mailing and filing notice	66864
of appeal, but such time shall not exceed six months from the date	66865
the department mails the administrative appeal decision. Filing	66866
notice of appeal with the court shall be the only act necessary to	66867
vest jurisdiction in the court.	66868

(4) The department shall be required to file a transcript of	66869
the testimony of the state hearing with the court only if the	66870
court orders the department to file the transcript. The court	66871
shall make such an order only if it finds that the department and	66872
the appellant are unable to stipulate to the facts of the case and	66873
that the transcript is essential to a determination of the appeal.	66874
The department shall file the transcript not later than thirty	66875
days after the day such an order is issued.	66876

(F) The department of job and family services shall adopt	66877
rules in accordance with Chapter 119. of the Revised Code to	66878
implement this section, including rules governing the following:	66879

(1) State hearings under division (B) of this section. The	66880
rules shall include provisions regarding notice of eligibility	66881
termination and the opportunity of an appellant appealing a	66882
decision or order of a county department of job and family	66883
services to request a county conference with the county department	66884
before the state hearing is held.	66885

(2) Administrative appeals under division (C) of this	66886
section;	66887

(3) Time limits for complying with a decision issued under	66888
division (B) or (C) of this section;	66889

(4) Sanctions that may be applied against an agency under	66890
division (D) of this section.	66891

(G) The department of job and family services may adopt rules	66892
in accordance with Chapter 119. of the Revised Code establishing	66893
an appeals process for an appellant who appeals a decision or	66894
order regarding a Title IV-A program identified under division	66895
(A)~~(3)~~(4)(c), (d), or (e), or (f) of section 5101.80 of the	66896
Revised Code that is different from the appeals process	66897
established by this section. The different appeals process may	66898
include having a state agency that administers the Title IV-A	66899
program pursuant to an interagency agreement entered into under	66900
section 5101.801 of the Revised Code administer the appeals	66901
process.	66902

(H) The requirements of Chapter 119. of the Revised Code	66903
apply to a state hearing or administrative appeal under this	66904
section only to the extent, if any, specifically provided by rules	66905
adopted under this section.	66906

Sec. 5101.80. (A) As used in this section and in section	66907
5101.801 of the Revised Code:	66908

(1) "County family services agency" has the same meaning as	66909
in section 307.981 of the Revised Code.	66910

(2) "State agency" has the same meaning as in section 9.82 of	66911
the Revised Code.	66912

(3) "Title IV-A administrative agency" means both of the	66913
following:	66914

(a) A county family services agency or state agency	66915
administering a Title IV-A program under the supervision of the	66916
department of job and family services;	66917

(b) A government agency or private, not-for-profit entity	66918
administering a project funded in whole or in part with funds	66919
provided under the Title IV-A demonstration program created under	66920
section 5101.803 of the Revised Code.	66921

(4) "Title IV-A program" means all of the following that are	66922
funded in part with funds provided under the temporary assistance	66923
for needy families block grant established by Title IV-A of the	66924
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	66925
amended:	66926

(a) The Ohio works first program established under Chapter	66927
5107. of the Revised Code;	66928

(b) The prevention, retention, and contingency program	66929
established under Chapter 5108. of the Revised Code;	66930

(c) A program established by the general assembly or an	66931
executive order issued by the governor that is administered or	66932
supervised by the department of job and family services pursuant	66933
to section 5101.801 of the Revised Code;	66934

(d) The kinship caregiver subsidy program created under	66935
section 5101.802 of the Revised Code;	66936

(e) The Title IV-A demonstration program created under	66937
section 5101.803 of the Revised Code;	66938

(f) A component of a Title IV-A program identified under	66939
divisions (A)~~(3)~~(4)(a) to ~~(d)~~(e) of this section that the Title	66940
IV-A state plan prepared under division (C)(1) of this section	66941
identifies as a component.	66942

(B) The department of job and family services shall act as	66943
the single state agency to administer and supervise the	66944
administration of Title IV-A programs. The Title IV-A state plan	66945
and amendments to the plan prepared under division (C) of this	66946
section are binding on ~~county family services agencies and state~~	66947
~~agencies that administer a~~ Title IV-A ~~program~~administrative	66948
agencies. No ~~county family services agency or state agency~~	66949
~~administering a~~ Title IV-A ~~program~~administrative agency may	66950
establish, by rule or otherwise, a policy governing ~~the~~a Title	66951
IV-A program that is inconsistent with a Title IV-A program policy	66952
established, in rule or otherwise, by the director of job and	66953
family services.	66954

(C) The department of job and family services shall do all of	66955
the following:	66956

(1) Prepare and submit to the United States secretary of	66957
health and human services a Title IV-A state plan for Title IV-A	66958
programs;	66959

(2) Prepare and submit to the United States secretary of	66960
health and human services amendments to the Title IV-A state plan	66961
that the department determines necessary, including amendments	66962
necessary to implement Title IV-A programs identified in ~~division~~	66963
divisions (A)~~(3)~~(4)(c)~~, (d), and (e)~~to (f) of this section;	66964

(3) Prescribe forms for applications, certificates, reports,	66965
records, and accounts of ~~county family services agencies and state~~	66966
~~agencies administering a~~ Title IV-A ~~program~~administrative	66967
agencies, and other matters related to Title IV-A programs;	66968

(4) Make such reports, in such form and containing such	66969
information as the department may find necessary to assure the	66970
correctness and verification of such reports, regarding Title IV-A	66971
programs;	66972

(5) Require reports and information from each ~~county family~~	66973
~~services agency and state agency administering a~~ Title IV-A	66974
~~program~~administrative agency as may be necessary or advisable	66975
regarding ~~the~~a Title IV-A program;	66976

(6) Afford a fair hearing in accordance with section 5101.35	66977
of the Revised Code to any applicant for, or participant or former	66978
participant of, a Title IV-A program aggrieved by a decision	66979
regarding the program;	66980

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	66981
and 5108. of the Revised Code and sections 5101.801 ~~and~~, 5101.802,	66982
and 5101.803 of the Revised Code, any sums appropriated by the	66983
general assembly for the purpose of those chapters and sections	66984
and all sums paid to the state by the secretary of the treasury of	66985
the United States as authorized by Title IV-A of the "Social	66986
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended;	66987

(8) Conduct investigations and audits as are necessary	66988
regarding Title IV-A programs;	66989

(9) Enter into reciprocal agreements with other states	66990
relative to the provision of Ohio works first and prevention,	66991
retention, and contingency to residents and nonresidents;	66992

(10) Contract with a private entity to conduct an independent	66993
on-going evaluation of the Ohio works first program and the	66994
prevention, retention, and contingency program. The contract must	66995
require the private entity to do all of the following:	66996

(a) Examine issues of process, practice, impact, and	66997
outcomes;	66998

(b) Study former participants of Ohio works first who have	66999
not participated in Ohio works first for at least one year to	67000
determine whether they are employed, the type of employment in	67001
which they are engaged, the amount of compensation they are	67002
receiving, whether their employer provides health insurance,	67003
whether and how often they have received benefits or services	67004
under the prevention, retention, and contingency program, and	67005
whether they are successfully self sufficient;	67006

(c) Provide the department with reports at times the	67007
department specifies.	67008

(11) Not later than January 1, 2001, and the first day of	67009
each January and July thereafter, prepare a report containing	67010
information on the following:	67011

(a) Individuals exhausting the time limits for participation	67012
in Ohio works first set forth in section 5107.18 of the Revised	67013
Code.	67014

(b) Individuals who have been exempted from the time limits	67015
set forth in section 5107.18 of the Revised Code and the reasons	67016
for the exemption.	67017

~~(12) Not later than January 1, 2001, and on a quarterly basis~~	67018
~~thereafter until December 1, 2003, prepare, to the extent the~~	67019
~~necessary data is available to the department, a report based on~~	67020
~~information determined under section 5107.80 of the Revised Code~~	67021
~~that states how many former Ohio works first participants entered~~	67022
~~the workforce during the most recent previous quarter for which~~	67023
~~the information is known and includes information regarding the~~	67024
~~earnings of those former participants. The report shall include a~~	67025
~~county-by-county breakdown and shall not contain the names or~~	67026
~~social security numbers of former participants.~~	67027

~~(13) To the extent authorized by section 5101.801 of the~~	67028
~~Revised Code, enter into interagency agreements with state~~	67029
~~agencies for the administration of Title IV-A programs identified~~	67030
~~under division (A)(3)(c) and (e) of this section.~~	67031

(D) The department shall provide copies of the reports it	67032
receives under division (C)(10) of this section and prepares under	67033
~~divisions~~division (C)(11) ~~and (12)~~ of this section to the	67034
governor, the president and minority leader of the senate, and the	67035
speaker and minority leader of the house of representatives. The	67036
department shall provide copies of the reports to any private or	67037
government entity on request.	67038

(E) An authorized representative of the department or a	67039
county family services agency or state agency administering a	67040
Title IV-A program shall have access to all records and	67041
information bearing thereon for the purposes of investigations	67042
conducted pursuant to this section. An authorized representative	67043
of a government entity or private, not-for-profit entity	67044
administering a project funded in whole or in part with funds	67045
provided under the Title IV-A demonstration program shall have	67046
access to all records and information bearing on the project for	67047
the purpose of investigations conducted pursuant to this section.	67048

Sec. 5101.801. (A) Except as otherwise provided by the law	67049
enacted by the general assembly or executive order issued by the	67050
governor establishing the Title IV-A program, a Title IV-A program	67051
identified under division (A)~~(3)~~(4)(c) or, (e), or (f) of section	67052
5101.80 of the Revised Code shall provide benefits and services	67053
that are not "assistance" as defined in 45 C.F.R. 260.31(a) and	67054
are benefits and services that 45 C.F.R. 260.31(b) excludes from	67055
the definition of assistance.	67056

(B)(1) Except as otherwise provided by the law enacted by the	67057
general assembly or executive order issued by the governor	67058
establishing the Title IV-A program, the department of job and	67059
family services shall do either of the following regarding a Title	67060
IV-A program identified under division (A)~~(3)~~(4)(c) or, (e), or	67061
(f) of section 5101.80 of the Revised Code:	67062

~~(1)~~(a) Administer the program or supervise a county family	67063
services agency's administration of the program;	67064

~~(2)~~(b) Enter into an interagency agreement with a state	67065
agency for the state agency to administer the program under the	67066
department's supervision.	67067

(2) The department may enter into an agreement with a	67068
government entity and, to the extent permitted by federal law, a	67069
private, not-for-profit entity for the entity to receive funding	67070
for a project under the Title IV-A demonstration program.	67071

(C) ~~If the department administers or supervises the~~	67072
~~administration of a Title IV-A program identified under division~~	67073
~~(A)(3)(c) or (e) of section 5101.80 of the Revised Code pursuant~~	67074
~~to division (B)(1) of this section, the~~The department may adopt	67075
rules governing ~~the program~~Title IV-A programs identified under	67076
divisions (A)(4)(c), (e), and (f) of section 5101.80 of the	67077
Revised Code. Rules governing financial and operational matters of	67078
the department or between the department and ~~the~~ county family	67079
services ~~agency~~agencies shall be adopted as internal management	67080
rules adopted in accordance with section 111.15 of the Revised	67081
Code. All other rules shall be adopted in accordance with Chapter	67082
119. of the Revised Code.	67083

(D) If the department enters into an ~~interagency~~ agreement	67084
regarding a Title IV-A program identified under division	67085
(A)~~(3)~~(4)(c) or, (e), or (f) of section 5101.80 of the Revised	67086
Code pursuant to division (B)(1)(b) or (2) of this section, the	67087
agreement shall include at least all of the following:	67088

(1) A requirement that the state agency or entity comply with	67089
the requirements for the program or project, including all of the	67090
following requirements established by federal statutes and	67091
regulations, state statutes and rules, the United States office of	67092
management and budget, and the Title IV-A state plan prepared	67093
under section 5101.80 of the Revised Code:	67094

(a) Eligibility;

67095

(b) Reports;

67096

67097

(d) Use of funds;

67098

(e) Appeals for applicants for, and recipients and former	67099
recipients of, the benefits and services;	67100

(f) Audits.

67101

(2) A complete description of all of the following:

67102

(a) The benefits and services that the program or project is	67103
to provide;	67104

(b) The methods of program or project administration;

67105

(c) The appeals process under section 5101.35 of the Revised	67106
Code for applicants for, and recipients and former recipients of,	67107
the ~~program's~~program or project's benefits and services;	67108

(d) Other ~~program and administrative~~ requirements that the	67109
department requires be included.	67110

(3) Procedures for the department to approve a policy,	67111
established by rule or otherwise, that the state agency or entity	67112
establishes for the program or project before the policy is	67113
established;	67114

(4) Provisions regarding how the department is to reimburse	67115
the state agency or entity for allowable expenditures under the	67116
program or project that the department approves, including all of	67117
the following:	67118

(a) Limitations on administrative costs;

67119

(b) The department, at its discretion, ~~withholding~~doing	67120
either of the following:	67121

(i) Withholding no more than five per cent of the funds that	67122
the department would otherwise provide to the state agency or	67123
entity for the program or ~~charging~~project;	67124

(ii) Charging the state agency or entity for the costs to the	67125
department of performing, or contracting for the performance of,	67126
audits and other administrative functions associated with the	67127
program or project.	67128

(5) If the state agency or entity arranges by contract,	67129
grant, or other agreement for another entity to perform a function	67130
the state agency or entity would otherwise perform regarding the	67131
program or project, the state ~~agency's~~agency or entity's	67132
responsibilities for both of the following:	67133

(a) Ensuring that the other entity complies with the	67134
~~interagency~~ agreement between the state agency or entity and	67135
department and federal statutes and regulations and state statutes	67136
and rules governing the use of funds for the program or project;	67137

(b) Auditing the other entity in accordance with requirements	67138
established by the United States office of management and budget.	67139

(6) The state ~~agency's~~agency or entity's responsibilities	67140
regarding the prompt payment, including any interest assessed, of	67141
any adverse audit finding, final disallowance of federal funds, or	67142
other sanction or penalty imposed by the federal government,	67143
auditor of state, department, a court, or other entity regarding	67144
funds for the program or project;	67145

(7) Provisions for the department to terminate the	67146
~~interagency~~ agreement or withhold reimbursement from the state	67147
agency or entity if either of the following occur:	67148

(a) The federal government disapproves the program or project	67149
or reduces federal funds for the program or project;	67150

(b) The state agency or entity fails to comply with the terms	67151
of the ~~interagency~~ agreement.	67152

(8) Provisions for both of the following:

67153

(a) The department and state agency or entity determining the	67154
performance outcomes expected for the program or project;	67155

(b) An evaluation of the program or project to determine its	67156
success in achieving the performance outcomes determined under	67157
division (D)(8)(a) of this section.	67158

(E) To the extent consistent with the law enacted by the	67159
general assembly or executive order issued by the governor	67160
establishing the Title IV-A program and subject to the approval of	67161
the director of budget and management, the director of job and	67162
family services may terminate a Title IV-A program identified	67163
under division (A)~~(3)~~(4)(c) or, (e), or (f) of section 5101.80 of	67164
the Revised Code or reduce funding for the program if the director	67165
of job and family services determines that federal or state funds	67166
are insufficient to fund the program. If the director of budget	67167
and management approves the termination or reduction in funding	67168
for such a program, the director of job and family services shall	67169
issue instructions for the termination or funding reduction. If a	67170
~~county family services agency or state~~Title IV-A administrative	67171
agency is administering the program, the ~~county family services~~	67172
~~agency or state~~ agency is bound by the termination or funding	67173
reduction and shall comply with the director's instructions.	67174

(F) The director of job and family services may adopt	67175
internal management rules in accordance with section 111.15 of the	67176
Revised Code as necessary to implement this section. The rules are	67177
binding on each ~~county family services agency and state agency~~	67178
~~administering, pursuant to this section, a~~ Title IV-A ~~program~~	67179
~~identified in division (A)(3)(c) or (e) of section 5101.80 of the~~	67180
~~Revised Code~~administrative agency.	67181

Sec. 5153.16. (A) Except as provided in section 2151.422 of	67182
the Revised Code, in accordance with rules of the department of	67183
job and family services, and on behalf of children in the county	67184
whom the public children services agency considers to be in need	67185
of public care or protective services, the public children	67186
services agency shall do all of the following:	67187

(1) Make an investigation concerning any child alleged to be	67188
an abused, neglected, or dependent child;	67189

(2) Enter into agreements with the parent, guardian, or other	67190
person having legal custody of any child, or with the department	67191
of job and family services, department of mental health,	67192
department of mental retardation and developmental disabilities,	67193
other department, any certified organization within or outside the	67194
county, or any agency or institution outside the state, having	67195
legal custody of any child, with respect to the custody, care, or	67196
placement of any child, or with respect to any matter, in the	67197
interests of the child, provided the permanent custody of a child	67198
shall not be transferred by a parent to the public children	67199
services agency without the consent of the juvenile court;	67200

(3) Accept custody of children committed to the public	67201
children services agency by a court exercising juvenile	67202
jurisdiction;	67203

(4) Provide such care as the public children services agency	67204
considers to be in the best interests of any child adjudicated to	67205
be an abused, neglected, or dependent child the agency finds to be	67206
in need of public care or service;	67207

(5) Provide social services to any unmarried girl adjudicated	67208
to be an abused, neglected, or dependent child who is pregnant	67209
with or has been delivered of a child;	67210

(6) Make available to the bureau for children with medical	67211
handicaps of the department of health at its request any	67212
information concerning a crippled child found to be in need of	67213
treatment under sections 3701.021 to 3701.028 of the Revised Code	67214
who is receiving services from the public children services	67215
agency;	67216

(7) Provide temporary emergency care for any child considered	67217
by the public children services agency to be in need of such care,	67218
without agreement or commitment;	67219

(8) Find certified foster homes, within or outside the	67220
county, for the care of children, including handicapped children	67221
from other counties attending special schools in the county;	67222

(9) Subject to the approval of the board of county	67223
commissioners and the state department of job and family services,	67224
establish and operate a training school or enter into an agreement	67225
with any municipal corporation or other political subdivision of	67226
the county respecting the operation, acquisition, or maintenance	67227
of any children's home, training school, or other institution for	67228
the care of children maintained by such municipal corporation or	67229
political subdivision;	67230

(10) Acquire and operate a county children's home, establish,	67231
maintain, and operate a receiving home for the temporary care of	67232
children, or procure certified foster homes for this purpose;	67233

(11) Enter into an agreement with the trustees of any	67234
district children's home, respecting the operation of the district	67235
children's home in cooperation with the other county boards in the	67236
district;	67237

(12) Cooperate with, make its services available to, and act	67238
as the agent of persons, courts, the department of job and family	67239
services, the department of health, and other organizations within	67240
and outside the state, in matters relating to the welfare of	67241
children, except that the public children services agency shall	67242
not be required to provide supervision of or other services	67243
related to the exercise of parenting time rights granted pursuant	67244
to section 3109.051 or 3109.12 of the Revised Code or	67245
companionship or visitation rights granted pursuant to section	67246
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	67247
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	67248
a common pleas court, pursuant to division (E)(6) of section	67249
3113.31 of the Revised Code, requires the provision of supervision	67250
or other services related to the exercise of the parenting time	67251
rights or companionship or visitation rights;	67252

(13) Make investigations at the request of any superintendent	67253
of schools in the county or the principal of any school concerning	67254
the application of any child adjudicated to be an abused,	67255
neglected, or dependent child for release from school, where such	67256
service is not provided through a school attendance department;	67257

(14) Administer funds provided under Title IV-E of the	67258
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	67259
amended, in accordance with rules adopted under section 5101.141	67260
of the Revised Code;	67261

(15) In addition to administering Title IV-E adoption	67262
assistance funds, enter into agreements to make adoption	67263
assistance payments under section 5153.163 of the Revised Code;	67264

(16) Implement a system of risk assessment, in accordance	67265
with rules adopted by the director of job and family services, to	67266
assist the public children services agency in determining the risk	67267
of abuse or neglect to a child;	67268

(17) Enter into a plan of cooperation with the board of	67269
county commissioners under section 307.983 of the Revised Code and	67270
comply with each fiscal agreement the board enters into under	67271
section 307.98 of the Revised Code that include family services	67272
duties of public children services agencies and contracts the	67273
board enters into under sections 307.981 and 307.982 of the	67274
Revised Code that affect the public children services agency;	67275

(18) Make reasonable efforts to prevent the removal of an	67276
alleged or adjudicated abused, neglected, or dependent child from	67277
the child's home, eliminate the continued removal of the child	67278
from the child's home, or make it possible for the child to return	67279
home safely, except that reasonable efforts of that nature are not	67280
required when a court has made a determination under division	67281
(A)(2) of section 2151.419 of the Revised Code;	67282

(19) Make reasonable efforts to place the child in a timely	67283
manner in accordance with the permanency plan approved under	67284
division (E) of section 2151.417 of the Revised Code and to	67285
complete whatever steps are necessary to finalize the permanent	67286
placement of the child;	67287

(20) Administer a Title IV-A program identified under	67288
division (A)~~(3)~~(4)(c) or, (e), or (f) of section 5101.80 of the	67289
Revised Code that the department of job and family services	67290
provides for the public children services agency to administer	67291
under the department's supervision pursuant to section 5101.801 of	67292
the Revised Code;	67293

(21) Administer the kinship caregiver subsidy program created	67294
under section 5101.802 of the Revised Code under the supervision	67295
of the director of job and family services;	67296

(22) Provide independent living services pursuant to sections	67297
2151.81 to 2151.84 of the Revised Code.	67298

(B) The public children services agency shall use the system	67299
implemented pursuant to division (B)(16) of this section in	67300
connection with an investigation undertaken pursuant to division	67301
(F)(1) of section 2151.421 of the Revised Code and may use the	67302
system at any other time the agency is involved with any child	67303
when the agency determines that risk assessment is necessary.	67304

(C) Except as provided in section 2151.422 of the Revised	67305
Code, in accordance with rules of the director of job and family	67306
services, and on behalf of children in the county whom the public	67307
children services agency considers to be in need of public care or	67308
protective services, the public children services agency may do	67309
the following:	67310

(1) Provide or find, with other child serving systems,	67311
specialized foster care for the care of children in a specialized	67312
foster home, as defined in section 5103.02 of the Revised Code,	67313
certified under section 5103.03 of the Revised Code;	67314

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	67315
this section, contract with the following for the purpose of	67316
assisting the agency with its duties:	67317

(i) County departments of job and family services;

67318

(ii) Boards of alcohol, drug addiction, and mental health	67319
services;	67320

(iii) County boards of mental retardation and developmental	67321
disabilities;	67322

(iv) Regional councils of political subdivisions established	67323
under Chapter 167. of the Revised Code;	67324

(v) Private and government providers of services;

67325

(vi) Managed care organizations and prepaid health plans.

67326

(b) A public children services agency contract under division	67327
(C)(2)(a) of this section regarding the agency's duties under	67328
section 2151.421 of the Revised Code may not provide for the	67329
entity under contract with the agency to perform any service not	67330
authorized by the department's rules.	67331

(c) Only a county children services board appointed under	67332
section 5153.03 of the Revised Code that is a public children	67333
services agency may contract under division (C)(2)(a) of this	67334
section. If an entity specified in division (B) or (C) of section	67335
5153.02 of the Revised Code is the public children services agency	67336
for a county, the board of county commissioners may enter into	67337
contracts pursuant to section 307.982 of the Revised Code	67338
regarding the agency's duties.	67339

Section 120.08. That existing sections 3215.18, 5101.35,	67340
5101.80, 5101.801, and 5153.16 of the Revised Code are hereby	67341
repealed.	67342

Section 120.09. The amendments in sections 120.07 and 120.08	67343
of this act take effect as specified in division (B) of section	67344
612.51 of this act.	67345

Section 200.01. Except as otherwise provided, all	67346
appropriation items (AI) in this act are appropriated out of any	67347
moneys in the state treasury to the credit of the designated fund	67348
that are not otherwise appropriated. For all appropriations made	67349
in this act, the amounts in the first column are for fiscal year	67350
2006 and the amounts in the second column are for fiscal year	67351
2007.	67352

FND

AI TITLE

APPROPRIATIONS

67353

Section 203.03. ACC ACCOUNTANCY BOARD OF OHIO

67354

General Services Fund Group

67355

4J8	889-601	CPA Education Assistance	$	209,510	$	209,510	67356
4K9	889-609	Operating Expenses	$	1,069,776	$	1,069,776	67357
TOTAL GSF General Services Fund							67358
Group			$	1,279,286	$	1,279,286	67359
TOTAL ALL BUDGET FUND GROUPS			$	1,279,286	$	1,279,286	67360

Section 203.06. PAY ACCRUED LEAVE LIABILITY

67362

Accrued Leave Liability Fund Group

67363

806	995-666	Accrued Leave Fund	$	68,846,630	$	77,950,372	67364
807	995-667	Disability Fund	$	48,057,723	$	50,955,496	67365
TOTAL ALF Accrued Leave Liability							67366
Fund Group			$	116,904,353	$	128,905,868	67367

Agency Fund Group

67368

808	995-668	State Employee Health Benefit Fund	$	480,879,258	$	550,922,742	67369
809	995-669	Dependent Care Spending Account	$	2,801,543	$	2,969,635	67370
810	995-670	Life Insurance Investment Fund	$	1,943,789	$	2,031,381	67371
811	995-671	Parental Leave Benefit Fund	$	4,040,434	$	4,282,860	67372
813	995-672	Health Care Spending Account	$	8,000,000	$	12,000,000	67373
TOTAL AGY Agency Fund Group			$	497,665,024	$	572,206,618	67374

TOTAL ALL BUDGET FUND GROUPS

614,569,377

701,112,486

67375

ACCRUED LEAVE LIABILITY FUND

67376

The foregoing appropriation item 995-666, Accrued Leave Fund,	67377
shall be used to make payments from the Accrued Leave Liability	67378
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	67379
If it is determined by the Director of Budget and Management that	67380
additional amounts are necessary, the amounts are appropriated.	67381

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

67382

The foregoing appropriation item 995-667, Disability Fund,	67383
shall be used to make payments from the State Employee Disability	67384
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	67385
Revised Code. If it is determined by the Director of Budget and	67386
Management that additional amounts are necessary, the amounts are	67387
appropriated.	67388

STATE EMPLOYEE HEALTH BENEFIT FUND

67389

The foregoing appropriation item 995-668, State Employee	67390
Health Benefit Fund, shall be used to make payments from the State	67391
Employee Health Benefit Fund (Fund 808), pursuant to section	67392
124.87 of the Revised Code. If it is determined by the Director of	67393
Budget and Management that additional amounts are necessary, the	67394
amounts are appropriated.	67395

Effective July 1, 2005, or as soon thereafter as possible,	67396
the Director of Budget and Management may transfer up to $70,000	67397
in cash from the General Revenue Fund to the State Employee Health	67398
Benefit Fund (Fund 808). The amount of the transfer shall not	67399
exceed the amount of cash transferred from the State Employee	67400
Health Benefit Fund to the Health Care Spending Account Fund (Fund	67401
813) during fiscal year 2005.	67402

DEPENDENT CARE SPENDING ACCOUNT

67403

The foregoing appropriation item 995-669, Dependent Care	67404
Spending Account, shall be used to make payments from the	67405
Dependent Care Spending Account (Fund 809) to employees eligible	67406
for dependent care expenses. If it is determined by the Director	67407
of Budget and Management that additional amounts are necessary,	67408
the amounts are appropriated.	67409

LIFE INSURANCE INVESTMENT FUND

67410

The foregoing appropriation item 995-670, Life Insurance	67411
Investment Fund, shall be used to make payments from the Life	67412
Insurance Investment Fund (Fund 810) for the costs and expenses of	67413
the state's life insurance benefit program pursuant to section	67414
125.212 of the Revised Code. If it is determined by the Director	67415
of Budget and Management that additional amounts are necessary,	67416
the amounts are appropriated.	67417

PARENTAL LEAVE BENEFIT FUND

67418

The foregoing appropriation item 995-671, Parental Leave	67419
Benefit Fund, shall be used to make payments from the Parental	67420
Leave Benefit Fund (Fund 811) to employees eligible for parental	67421
leave benefits pursuant to section 124.137 of the Revised Code. If	67422
it is determined by the Director of Budget and Management that	67423
additional amounts are necessary, the amounts are appropriated.	67424

HEALTH CARE SPENDING ACCOUNT

67425

There is hereby established in the State Treasury the Health	67426
Care Spending Account Fund (Fund 813). The foregoing appropriation	67427
item 995-672, Health Care Spending Account, shall be used to make	67428
payments from the fund. The fund shall be under the supervision of	67429
the Department of Administrative Services and shall be used to	67430
make payments pursuant to state employees' participation in a	67431
flexible spending account for non-reimbursed health care expenses	67432
and pursuant to Section 125 of the Internal Revenue Code. All	67433
income derived from the investment of the fund shall accrue to the	67434
fund. If it is determined by the Director of Administrative	67435
Services that additional appropriation amounts are necessary, the	67436
Director of Administrative Services may request that the Director	67437
of Budget and Management increase such amounts. Such amounts are	67438
hereby appropriated.	67439

At the request of the Director of Administrative Services,	67440
the Director of Budget and Management shall transfer up to	67441
$400,000 from the State Employee Health Benefit Fund (Fund 808) to	67442
the Health Care Spending Account Fund during fiscal years 2006 and	67443
2007. This cash shall be transferred as needed to provide adequate	67444
cash flow for the Health Care Spending Account Fund during fiscal	67445
year 2006 and fiscal year 2007. At the end of fiscal years 2006	67446
and 2007, the Director of Budget and Management shall transfer	67447
cash up to the amount previously transferred in the respective	67448
year back from the Health Care Spending Account (Fund 813) to the	67449
State Employee Health Benefit Fund (Fund 808). If funds are not	67450
available in the Health Care Spending Account Fund, the Director	67451
of Administrative Services may request, and the Director of Budget	67452
and Management may transfer, the balance of the funds needed from	67453
the General Revenue Fund.	67454

Section 203.09. ADJ ADJUTANT GENERAL

67455

General Revenue Fund

67456

GRF	745-401	Ohio Military Reserve	$	15,188	$	15,188	67457
GRF	745-404	Air National Guard	$	1,939,762	$	1,939,762	67458
GRF	745-407	National Guard Benefits	$	1,000,000	$	1,000,000	67459
GRF	745-409	Central Administration	$	3,899,590	$	3,899,590	67460
GRF	745-499	Army National Guard	$	4,086,222	$	4,086,222	67461
GRF	745-502	Ohio National Guard Unit Fund	$	102,973	$	102,973	67462
TOTAL GRF General Revenue Fund			$	11,043,735	$	11,043,735	67463

General Services Fund Group

67464

534	745-612	Armory Improvements	$	534,304	$	534,304	67465
536	745-620	Camp Perry/Buckeye Inn Operations	$	1,094,970	$	1,094,970	67466
537	745-604	Ohio National Guard Facility Maintenance	$	219,826	$	219,826	67467
TOTAL GSF General Services Fund Group			$	1,849,100	$	1,849,100	67468

Federal Special Revenue Fund Group

67469

3E8	745-628	Air National Guard Agreement	$	12,174,760	$	12,174,760	67470
3R8	745-603	Counter Drug Operations	$	25,000	$	25,000	67471
341	745-615	Air National Guard Base Security	$	2,424,740	$	2,424,740	67472
342	745-616	Army National Guard Agreement	$	8,686,893	$	8,686,893	67473
TOTAL FED Federal Special Revenue Fund Group			$	23,311,393	$	23,311,393	67474

State Special Revenue Fund Group

67475

5U8	745-613	Community Match Armories	$	90,000	$	91,800	67476
528	745-605	Marksmanship Activities	$	126,078	$	128,600	67477
TOTAL SSR State Special Revenue Fund Group			$	216,078	$	220,400	67478

TOTAL ALL BUDGET FUND GROUPS

36,420,306

36,424,628

67479

Section 203.12. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

67481

General Revenue Fund

67482

GRF	100-403	Public School Employee Benefits	$	750,000	$	250,000	67483
GRF	100-405	Agency Audit Expenses	$	329,000	$	329,000	67484
GRF	100-406	County & University Human Resources Services	$	60,000	$	60,000	67485
GRF	100-410	Veterans' Records Conversion	$	69,000	$	48,600	67486
GRF	100-418	Web Sites and Business Gateway	$	3,275,280	$	3,275,280	67487
GRF	100-419	IT Security Infrastructure	$	1,636,247	$	1,636,247	67488
GRF	100-421	OAKS Project Implementation	$	484,000	$	410,839	67489
GRF	100-433	State of Ohio Computer Center	$	4,991,719	$	4,991,719	67490
GRF	100-439	Equal Opportunity Certification Programs	$	726,481	$	728,384	67491
GRF	100-447	OBA - Building Rent Payments	$	115,740,400	$	116,091,300	67492
GRF	100-448	OBA - Building Operating Payments	$	25,393,250	$	25,647,183	67493
GRF	100-449	DAS - Building Operating Payments	$	4,160,383	$	4,170,623	67494
GRF	100-451	Minority Affairs	$	47,000	$	47,000	67495
GRF	100-734	Major Maintenance - State Bldgs	$	50,000	$	50,000	67496
GRF	102-321	Construction Compliance	$	1,190,959	$	1,206,779	67497
GRF	130-321	State Agency Support Services	$	2,693,788	$	2,668,986	67498
TOTAL GRF General Revenue Fund			$	161,597,507	$	161,611,940	67499

General Services Fund Group

67500

112	100-616	DAS Administration	$	5,221,393	$	5,299,427	67501
115	100-632	Central Service Agency	$	466,517	$	485,178	67502
117	100-644	General Services Division - Operating	$	6,834,247	$	7,245,772	67503
122	100-637	Fleet Management	$	4,025,043	$	4,032,968	67504
125	100-622	Human Resources Division - Operating	$	18,293,921	$	18,210,762	67505
127	100-627	Vehicle Liability Insurance	$	3,344,644	$	3,344,644	67506
128	100-620	Collective Bargaining	$	3,410,952	$	3,410,952	67507
130	100-606	Risk Management Reserve	$	223,904	$	223,904	67508
131	100-639	State Architect's Office	$	6,977,274	$	7,047,427	67509
132	100-631	DAS Building Management	$	10,721,430	$	11,066,228	67510
133	100-607	IT Services Delivery	$	81,418,432	$	80,345,564	67511
188	100-649	Equal Opportunity Division - Operating	$	993,378	$	1,010,256	67512
201	100-653	General Services Resale Merchandise	$	1,553,000	$	1,553,000	67513
210	100-612	State Printing	$	5,931,421	$	5,931,421	67514
229	100-630	IT Governance	$	18,531,812	$	17,601,712	67515
4N6	100-617	Major IT Purchases	$	10,617,166	$	10,617,166	67516
4P3	100-603	DAS Information Services	$	5,902,099	$	6,117,004	67517
427	100-602	Investment Recovery	$	5,580,208	$	5,683,564	67518
5C2	100-605	MARCS Administration	$	9,268,178	$	9,268,178	67519
5C3	100-608	Skilled Trades	$	1,406,278	$	1,434,982	67520
5D7	100-621	Workforce Development	$	12,000,000	$	12,000,000	67521
5L7	100-610	Professional Development	$	2,700,000	$	2,700,000	67522
5V6	100-619	Employee Educational Development	$	936,129	$	936,129	67523
TOTAL GSF General Services Fund							67524
Group			$	216,357,426	$	215,566,238	67525

Federal Special Revenue Fund Group

67526

3AJ	100-623		Information Technology Grants		$	82,048		$	82,048		67527
TOTAL FSR Federal Special Revenue Fund Group					$	82,048		$	82,048		67528

Agency Fund Group

67529

124	100-629		Payroll Deductions		$	2,050,000,000		$	2,050,000,000		67530
TOTAL AGY Agency Fund Group					$	2,050,000,000		$	2,050,000,000		67531

Holding Account Redistribution Fund Group

67532

R08	100-646	General Services Refunds	$	20,000	$	20,000	67533
TOTAL 090 Holding Account							67534
Redistribution Fund Group			$	20,000	$	20,000	67535
TOTAL ALL BUDGET FUND GROUPS			$	2,428,056,981	$	2,427,280,226	67536

Section 203.12.03. AGENCY AUDIT EXPENSES

67538

The foregoing appropriation item 100-405, Agency Audit	67539
Expenses, shall be used for auditing expenses designated in	67540
division (A)(1) of section 117.13 of the Revised Code for those	67541
state agencies audited on a biennial basis.	67542

Section 203.12.06. OHIO BUILDING AUTHORITY

67543

The foregoing appropriation item 100-447, OBA - Building Rent	67544
Payments, shall be used to meet all payments at the times they are	67545
required to be made during the period from July 1, 2005, to June	67546
30, 2007, by the Department of Administrative Services to the Ohio	67547
Building Authority pursuant to leases and agreements under Chapter	67548
152. of the Revised Code, but limited to the aggregate amount of	67549
$231,831,700. These appropriations are the source of funds pledged	67550
for bond service charges on obligations issued pursuant to Chapter	67551
152. of the Revised Code.	67552

The foregoing appropriation item 100-448, OBA - Building	67553
Operating Payments, shall be used to meet all payments at the	67554
times that they are required to be made during the period from	67555
July 1, 2005, to June 30, 2007, by the Department of	67556
Administrative Services to the Ohio Building Authority pursuant to	67557
leases and agreements under Chapter 152. of the Revised Code, but	67558
limited to the aggregate amount of $51,040,433.	67559

The payments to the Ohio Building Authority are for the	67560
purpose of paying the expenses of agencies that occupy space in	67561
the various state facilities. The Department of Administrative	67562
Services may enter into leases and agreements with the Ohio	67563
Building Authority providing for the payment of these expenses.	67564
The Ohio Building Authority shall report to the Department of	67565
Administrative Services and the Office of Budget and Management	67566
not later than five months after the start of a fiscal year the	67567
actual expenses incurred by the Ohio Building Authority in	67568
operating the facilities and any balances remaining from payments	67569
and rentals received in the prior fiscal year. The Department of	67570
Administrative Services shall reduce subsequent payments by the	67571
amount of the balance reported to it by the Ohio Building	67572
Authority.	67573

Section 203.12.09. DAS - BUILDING OPERATING PAYMENTS

67574

The foregoing appropriation item 100-449, DAS - Building	67575
Operating Payments, shall be used to pay the rent expenses of	67576
veterans organizations pursuant to section 123.024 of the Revised	67577
Code in fiscal years 2006 and 2007.	67578

The foregoing appropriation item, 100-449, DAS - Building	67579
Operating Payments, may be used to provide funding for the cost of	67580
property appraisals or building studies that the Department of	67581
Administrative Services may be required to obtain for property	67582
that is being sold by the state or property under consideration to	67583
be renovated or purchased by the state.	67584

Notwithstanding section 125.28 of the Revised Code, the	67585
remaining portion of the appropriation may be used to pay the	67586
operating expenses of state facilities maintained by the	67587
Department of Administrative Services that are not billed to	67588
building tenants. These expenses may include, but are not limited	67589
to, the costs for vacant space and space undergoing renovation,	67590
and the rent expenses of tenants that are relocated due to	67591
building renovations. These payments shall be processed by the	67592
Department of Administrative Services through intrastate transfer	67593
vouchers and placed in the Building Management Fund (Fund 132).	67594

Section 203.12.10. PUBLIC SCHOOL EMPLOYEE HEALTH BENEFITS

67595

The foregoing appropriation item 100-403, Public School	67596
Employee Benefits, shall be used by the Director of Administrative	67597
Services to hire an executive director and an assistant	67598
responsible for providing administrative support to the School	67599
Employee Health Care Board and the public school employee health	67600
insurance program established under section 9.901 of the Revised	67601
Code.	67602

At any time during the biennium, when the Director of	67603
Administrative Services certifies that there is a sufficient	67604
reserve available from premium payments made to the School	67605
Employees Health Care Fund (Fund 815), the Director of Budget and	67606
Management shall transfer $1,000,000 from the School Employees	67607
Health Care Fund to the General Revenue Fund.	67608

Section 203.12.12. CENTRAL SERVICE AGENCY FUND

67609

The Director of Budget and Management may transfer up to	67610
$363,851 in fiscal year 2006 from the Occupational Licensing and	67611
Regulatory Fund (Fund 4K9) to the Central Service Agency Fund	67612
(Fund 115). The Director of Budget and Management may transfer up	67613
to $45,184 in fiscal year 2006 from the State Medical Board	67614
Operating Fund (Fund 5C6) to the Central Service Agency Fund (Fund	67615
115). The Director of Budget and Management may transfer up to	67616
$625 in fiscal year 2006 from the Motor Vehicle Collision Repair	67617
Registration Fund (Fund 5H9) to the Central Service Agency Fund	67618
(Fund 115). The appropriation item 100-632, Central Service	67619
Agency, shall be used to purchase the necessary equipment,	67620
products, and services to maintain an automated application for	67621
the professional licensing boards, and to support their licensing	67622
functions in fiscal year 2006. The amount of the cash transfers is	67623
appropriated to appropriation item 100-632, Central Service	67624
Agency.	67625

Section 203.12.15. COLLECTIVE BARGAINING ARBITRATION	67626
EXPENSES	67627

With approval of the Director of Budget and Management, the	67628
Department of Administrative Services may seek reimbursement from	67629
state agencies for the actual costs and expenses the department	67630
incurs in the collective bargaining arbitration process. The	67631
reimbursements shall be processed through intrastate transfer	67632
vouchers and placed in the Collective Bargaining Fund (Fund 128).	67633

Section 203.12.18. OFFICE OF INFORMATION TECHNOLOGY

67634

The foregoing appropriation item 100-607, IT Service	67635
Delivery, shall be used by the Office of Information Technology to	67636
carry out its responsibilities under section 125.29 of the Revised	67637
Code. The foregoing appropriation item 100-630, IT Governance,	67638
shall be used by the Office of Information Technology to carry out	67639
its responsibilities under section 125.29 of the Revised Code.	67640

As soon as possible on or after July 1, 2005, the Director of	67641
Administrative Services shall certify to the Director of Budget	67642
and Management the amount of cash up to $5,000,000 to be	67643
transferred from the IT Service Delivery Fund (Fund 133) to the IT	67644
Governance Fund (Fund 229). This amount represents a portion of	67645
the cash balance in the IT Service Delivery Fund attributable to	67646
IT Governance programs. The Director of Budget and Management	67647
shall transfer the certified amount.	67648

After final payments are made from fiscal year 2005	67649
encumbrances in the IT Service Delivery Fund (Fund 133), the	67650
Department of Administrative Services shall reconcile fiscal year	67651
2005 financial activity in the IT Service Delivery Fund and	67652
determine the amount of the fund cash balance due to the IT	67653
Governance Fund (Fund 229). The reconciliation shall be done in	67654
accordance with federal cost accounting regulations. Not later	67655
than June 30, 2006, the Director of Administrative Services shall	67656
make a determination of any additional transfers of cash necessary	67657
for reconciliation purposes. Upon concurrence with this	67658
determination, the Director of Budget and Management may transfer	67659
such cash between the IT Service Delivery Fund and the IT	67660
Governance Fund.	67661

Section 203.12.21. EQUAL OPPORTUNITY PROGRAM

67662

The Department of Administrative Services, with the approval	67663
of the Director of Budget and Management, shall establish charges	67664
for recovering the costs of administering the activities supported	67665
by the State EEO Fund (Fund 188). These charges shall be deposited	67666
to the credit of the State EEO Fund (Fund 188) upon payment made	67667
by state agencies, state-supported or state-assisted institutions	67668
of higher education, and tax-supported agencies, municipal	67669
corporations, and other political subdivisions of the state, for	67670
services rendered.	67671

Section 203.12.24. MERCHANDISE FOR RESALE

67672

The foregoing appropriation item 100-653, General Services	67673
Resale Merchandise, shall be used to account for merchandise for	67674
resale, which is administered by the General Services Division.	67675
Deposits to the fund may comprise the cost of merchandise for	67676
resale and shipping fees.	67677

Section 203.12.27. DAS INFORMATION SERVICES

67678

There is hereby established in the State Treasury the DAS	67679
Information Services Fund. The foregoing appropriation item	67680
100-603, DAS Information Services, shall be used to pay the costs	67681
of providing information systems and services in the Department of	67682
Administrative Services.	67683

The Department of Administrative Services shall establish	67684
user charges for all information systems and services that are	67685
allowable in the statewide indirect cost allocation plan submitted	67686
annually to the United States Department of Health and Human	67687
Services. These charges shall comply with federal regulations and	67688
shall be deposited to the credit of the DAS Information Services	67689
Fund (Fund 4P3).	67690

Section 203.12.30. INVESTMENT RECOVERY FUND

67691

Notwithstanding division (B) of section 125.14 of the Revised	67692
Code, cash balances in the Investment Recovery Fund (Fund 427) may	67693
be used to support the operating expenses of the Federal Surplus	67694
Operating Program created in sections 125.84 to 125.90 of the	67695
Revised Code.	67696

Notwithstanding division (B) of section 125.14 of the Revised	67697
Code, cash balances in the Investment Recovery Fund may be used to	67698
support the operating expenses of the State Property Inventory and	67699
Fixed Assets Management System Program.	67700

Of the foregoing appropriation item 100-602, Investment	67701
Recovery, up to $2,147,024 in fiscal year 2006 and up to	67702
$2,205,594 in fiscal year 2007 shall be used to pay the operating	67703
expenses of the State Surplus Property Program, the Surplus	67704
Federal Property Program, and the State Property Inventory and	67705
Fixed Assets Management System Program under Chapter 125. of the	67706
Revised Code and this section. If additional appropriations are	67707
necessary for the operations of these programs, the Director of	67708
Administrative Services shall seek increased appropriations from	67709
the Controlling Board under section 131.35 of the Revised Code.	67710

Of the foregoing appropriation item 100-602, Investment	67711
Recovery, $3,433,184 in fiscal year 2006 and $3,477,970 in fiscal	67712
year 2007 shall be used to transfer proceeds from the sale of	67713
surplus property from the Investment Recovery Fund to non-General	67714
Revenue Funds under division (A)(2) of section 125.14 of the	67715
Revised Code. If it is determined by the Director of	67716
Administrative Services that additional appropriations are	67717
necessary for the transfer of such sale proceeds, the Director of	67718
Administrative Services may request the Director of Budget and	67719
Management to increase the amounts. Such amounts are hereby	67720
appropriated.	67721

Notwithstanding division (B) of section 125.14 of the Revised	67722
Code, the Director of Budget and Management, at the request of the	67723
Director of Administrative Services, shall transfer up to $500,000	67724
of the amounts held for transfer to the General Revenue Fund from	67725
the Investment Recovery Fund to the State Architect's Fund (Fund	67726
131) to provide operating cash.	67727

Section 203.12.33. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

67728

Effective with the implementation of the Multi-Agency Radio	67729
Communications System, the Director of Administrative Services	67730
shall collect user fees from participants in the system. The	67731
Director of Administrative Services, with the advice of the	67732
Multi-Agency Radio Communications System Steering Committee and	67733
the Director of Budget and Management, shall determine the amount	67734
of the fees and the manner by which the fees shall be collected.	67735
Such user charges shall comply with the applicable cost principles	67736
issued by the federal Office of Management and Budget. All moneys	67737
from user charges and fees shall be deposited in the state	67738
treasury to the credit of the Multi-Agency Radio Communications	67739
System Administration Fund (Fund 5C2), which is hereby established	67740
in the state treasury. All interest income derived from the	67741
investment of the fund shall accrue to the fund.	67742

Section 203.12.36. WORKFORCE DEVELOPMENT FUND

67743

There is hereby established in the state treasury the	67744
Workforce Development Fund (Fund 5D7). The foregoing appropriation	67745
item 100-621, Workforce Development, shall be used to make	67746
payments from the fund. The fund shall be under the supervision of	67747
the Department of Administrative Services, which may adopt rules	67748
with regard to administration of the fund. The fund shall be used	67749
to pay the costs of the Workforce Development Program, established	67750
by Article 37 of the contract between the State of Ohio and	67751
OCSEA/AFSCME, Local 11, effective March 1, 2003, and as modified	67752
by any successor labor contract between the State of Ohio and	67753
OCSEA/AFSCME. The program shall be administered in accordance with	67754
the contract. Revenues shall accrue to the fund as specified in	67755
the contract. The fund may be used to pay direct and indirect	67756
costs of the program that are attributable to staff, consultants,	67757
and service providers. All income derived from the investment of	67758
the fund shall accrue to the fund.	67759

If it is determined by the Director of Administrative	67760
Services that additional appropriation amounts are necessary, the	67761
Director of Administrative Services may request that the Director	67762
of Budget and Management increase such amounts. Such amounts are	67763
hereby appropriated.	67764

Section 203.12.39. PROFESSIONAL DEVELOPMENT FUND

67765

The foregoing appropriation item 100-610, Professional	67766
Development, shall be used to make payments from the Professional	67767
Development Fund (Fund 5L7) under section 124.182 of the Revised	67768
Code.	67769

Section 203.12.42. EMPLOYEE EDUCATIONAL DEVELOPMENT

67770

There is hereby established in the state treasury the	67771
Employee Educational Development Fund (Fund 5V6). The foregoing	67772
appropriation item 100-619, Employee Educational Development,	67773
shall be used to make payments from the fund. The fund shall be	67774
used to pay the costs of the administration of educational	67775
programs per existing collective bargaining agreements with	67776
District 1199, the Health Care and Social Service Union; State	67777
Council of Professional Educators; Ohio Education Association and	67778
National Education Association; the Fraternal Order of Police Ohio	67779
Labor Council, Unit 2; and the Ohio State Troopers Association,	67780
Units 1 and 15. The fund shall be under the supervision of the	67781
Department of Administrative Services, which may adopt rules with	67782
regard to administration of the fund. The fund shall be	67783
administered in accordance with the applicable sections of the	67784
collective bargaining agreements between the State and the	67785
aforementioned unions. The Department of Administrative Services,	67786
with the approval of the Director of Budget and Management, shall	67787
establish charges for recovering the costs of administering the	67788
educational programs. Receipts for these charges shall be	67789
deposited into the Employee Educational Development Fund. All	67790
income derived from the investment of the funds shall accrue to	67791
the fund.	67792

If it is determined by the Director of Administrative	67793
Services that additional appropriation amounts are necessary, the	67794
Director of Administrative Services may request that the Director	67795
of Budget and Management increase such amounts. Such amounts are	67796
hereby appropriated with the approval of the Director of Budget	67797
and Management.	67798

Section 203.12.45. MAJOR IT PURCHASES

67799

The Director of Administrative Services shall compute the	67800
amount of revenue attributable to the amortization of all	67801
equipment purchases and capitalized systems from appropriation	67802
item 100-607, IT Service Delivery; appropriation item 100-617,	67803
Major IT Purchases; and appropriation item CAP-837, Major IT	67804
Purchases, which is recovered by the Department of Administrative	67805
Services as part of the rates charged by the IT Service Delivery	67806
Fund (Fund 133) created in section 125.15 of the Revised Code. The	67807
Director of Budget and Management may transfer cash in an amount	67808
not to exceed the amount of amortization computed from the IT	67809
Service Delivery Fund (Fund 133) to the Major IT Purchases Fund	67810
(Fund 4N6).	67811

Section 203.12.48. INFORMATION TECHNOLOGY ASSESSMENT

67812

The Director of Administrative Services, with the approval of	67813
the Director of Budget and Management, may establish an	67814
information technology assessment for the purpose of recovering	67815
the cost of selected infrastructure and statewide programs. Such	67816
assessment shall comply with applicable cost principles issued by	67817
the federal Office of Management and Budget. The information	67818
technology assessment shall be charged to all organized bodies,	67819
offices, or agencies established by the laws of the state for the	67820
exercise of any function of state government except for the	67821
General Assembly, any legislative agency, the Supreme Court, the	67822
other courts of record in Ohio, or any judicial agency, the	67823
Adjutant General, the Bureau of Workers' Compensation, and	67824
institutions administered by a board of trustees. Any state-entity	67825
exempted by this section may utilize the infrastructure or	67826
statewide program by participating in the information technology	67827
assessment. All charges for the information technology assessment	67828
shall be deposited to the credit of the IT Service Delivery Fund	67829
(Fund 133) created in section 125.15 of the Revised Code.	67830

Section 203.12.51. UNEMPLOYMENT COMPENSATION FUND

67831

Within thirty days after the effective date of this section,	67832
or as soon as possible thereafter, the Director of Administrative	67833
Services shall certify the remaining cash in the Unemployment	67834
Compensation Fund (Fund 113) to the Director of Budget and	67835
Management who shall transfer that amount to the General Revenue	67836
Fund and abolish the Unemployment Compensation Fund (Fund 113).	67837

Section 203.12.54. PAYROLL WITHHOLDING FUND

67838

The foregoing appropriation item 100-629, Payroll Deductions,	67839
shall be used to make payments from the Payroll Withholding Fund	67840
(Fund 124). If it is determined by the Director of Budget and	67841
Management that additional appropriation amounts are necessary,	67842
such amounts are hereby appropriated.	67843

Section 203.12.57. GENERAL SERVICES REFUNDS

67844

The foregoing appropriation item 100-646, General Services	67845
Refunds, shall be used to hold bid guarantee and building plans	67846
and specifications deposits until they are refunded. The Director	67847
of Administrative Services may request that the Director of Budget	67848
and Management transfer cash received for the costs of providing	67849
the building plans and specifications to contractors from the	67850
General Services Refunds Fund to the State Architect's Office Fund	67851
(Fund 131). Prior to the transfer of cash, the Director of	67852
Administrative Services shall certify that such amounts are in	67853
excess of amounts required for refunding deposits and are directly	67854
related to costs of producing building plans and specifications.	67855
If it is determined that additional appropriations are necessary,	67856
such amounts are hereby appropriated.	67857

Section 203.12.60. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	67858
DEBT SERVICE PAYMENTS	67859

The Director of Administrative Services, in consultation with	67860
the Multi-Agency Radio Communication System (MARCS) Steering	67861
Committee and the Director of Budget and Management, shall	67862
determine the share of debt service payments attributable to	67863
spending for MARCS components that are not specific to any one	67864
agency and that shall be charged to agencies supported by the	67865
motor fuel tax. Such share of debt service payments shall be	67866
calculated for MARCS capital disbursements made beginning July 1,	67867
1997. Within thirty days of any payment made from appropriation	67868
item 100-447, OBA - Building Rent Payments, the Director of	67869
Administrative Services shall certify to the Director of Budget	67870
and Management the amount of this share. The Director of Budget	67871
and Management shall transfer such amounts to the General Revenue	67872
Fund from the State Highway Safety Fund (Fund 036) established in	67873
section 4501.06 of the Revised Code.	67874

The Director of Administrative Services shall consider	67875
renting or leasing existing tower sites at reasonable or current	67876
market rates, so long as these existing sites are equipped with	67877
the technical capabilities to support the MARCS project.	67878

Section 203.12.63. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

67879

Whenever the Director of Administrative Services declares a	67880
"public exigency," as provided in division (C) of section 123.15	67881
of the Revised Code, the Director shall also notify the members of	67882
the Controlling Board.	67883

Section 203.12.66. GENERAL SERVICE CHARGES

67884

The Department of Administrative Services, with the approval	67885
of the Director of Budget and Management, shall establish charges	67886
for recovering the costs of administering the programs in the	67887
General Services Fund (Fund 117) and the State Printing Fund (Fund	67888
210).	67889

Section 203.15. AAM COMMISSION ON AFRICAN AMERICAN MALES

67890

General Revenue Fund

67891

GRF	036-100	Personal Services	$	220,091	$	220,091	67892
GRF	036-200	Maintenance	$	39,909	$	39,909	67893
GRF	036-300	Equipment	$	1,000	$	1,000	67894
GRF	036-501	CAAM Awards and Scholarships	$	1,000	$	1,000	67895
GRF	036-502	Community Projects	$	20,000	$	20,000	67896
TOTAL GRF General Revenue Fund			$	282,000	$	282,000	67897

State Special Revenue Fund Group

67898

4H3	036-601	Commission on African American Males - Gifts/Grants	$	10,000	$	10,000	67899
TOTAL SSR State Special Revenue Fund Group			$	10,000	$	10,000	67900
TOTAL ALL BUDGET FUND GROUPS			$	292,000	$	292,000	67901

COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW

67902

Annually, not later than the thirty-first day of December,	67903
the Commission on African American Males shall internally prepare	67904
and submit to the chairperson and ranking minority member of the	67905
Human Services Subcommittee of the Finance and Appropriations	67906
Committee of the House of Representatives a report that	67907
demonstrates the progress that has been made toward meeting the	67908
Commission's mission statement.	67909

Section 203.18. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

67910

General Revenue Fund

67911

GRF	029-321	Operating Expenses	$	379,769	$	387,364	67912
TOTAL GRF General Revenue Fund			$	379,769	$	387,364	67913
TOTAL ALL BUDGET FUND GROUPS			$	379,769	$	387,364	67914

OPERATING

67915

The Chief Administrative Officer of the House of	67916
Representatives and the Clerk of the Senate shall determine, by	67917
mutual agreement, which of them shall act as fiscal agent for the	67918
Joint Committee on Agency Rule Review.	67919

OPERATING EXPENSES

67920

The unencumbered balance of appropriation item 029-321,	67921
Operating Expenses, at the end of fiscal year 2006 shall be	67922
transferred to fiscal year 2007 for use under the same	67923
appropriation item.	67924

Section 203.21. AGE DEPARTMENT OF AGING

67925

General Revenue Fund

67926

GRF	490-321	Operating Expenses	$	2,579,867	$	2,308,867	67927
GRF	490-403	PASSPORT	$	112,045,715	$	121,009,372	67928
GRF	490-405	Golden Buckeye Card	$	467,614	$	467,614	67929
GRF	490-406	Senior Olympics	$	15,638	$	15,638	67930
GRF	490-409	Ohio Community Service Council Operations	$	203,647	$	193,465	67931
GRF	490-410	Long-Term Care Ombudsman	$	689,437	$	689,437	67932
GRF	490-411	Senior Community Services	$	10,630,988	$	10,630,988	67933
GRF	490-412	Residential State Supplement	$	9,156,771	$	9,156,771	67934
GRF	490-414	Alzheimers Respite	$	4,085,888	$	4,085,888	67935
GRF	490-416	JCFS Elderly Transportation	$	100,000	$	100,000	67936
GRF	490-421	PACE	$	11,354,145	$	10,214,809	67937
GRF	490-422	Assisted Living Waiver	$	0	$	359,919	67938
GRF	490-506	National Senior Service Corps	$	352,943	$	352,943	67939
TOTAL GRF General Revenue Fund			$	151,682,653	$	159,585,711	67940

General Services Fund Group

67941

480	490-606	Senior Community Outreach and Education	$	372,677	$	372,677	67942
TOTAL GSF General Services Fund							67943
Group			$	372,677	$	372,677	67944

Federal Special Revenue Fund Group

67945

3C4	490-607	PASSPORT	$	198,683,143	$	218,196,387	67946
3C4	490-621	PACE-Federal	$	10,854,083	$	14,586,135	67947
3C4	490-622	Assisted Living-Federal	$	0	$	5,687,374	67948
3M3	490-611	Federal Aging Nutrition	$	27,622,693	$	28,037,034	67949
3M4	490-612	Federal Independence Services	$	27,907,287	$	28,325,896	67950
3R7	490-617	Ohio Community Service Council Programs	$	9,170,000	$	9,170,000	67951
322	490-618	Federal Aging Grants	$	14,834,354	$	15,014,494	67952
TOTAL FED Federal Special Revenue							67953
Fund Group			$	289,071,560	$	319,017,320	67954

State Special Revenue Fund Group

67955

4C4	490-609	Regional Long-Term Care Ombudsman Program	$	910,000	$	935,000	67956
4J4	490-610	PASSPORT/Residential State Supplement	$	33,263,984	$	33,263,984	67957
4U9	490-602	PASSPORT Fund	$	4,424,969	$	4,424,969	67958
5BA	490-620	Ombudsman Support	$	615,000	$	0	67959
5K9	490-613	Long Term Care Consumers Guide	$	298,400	$	620,000	67960
5W1	490-616	Resident Services Coordinator Program	$	262,500	$	262,500	67961
624	490-604	OCSC Community Support	$	2,500	$	2,500	67962
TOTAL SSR State Special Revenue							67963
Fund Group			$	39,777,353	$	39,508,953	67964
TOTAL ALL BUDGET FUND GROUPS			$	480,904,243	$	518,484,661	67965

Section 203.21.03. PRE-ADMISSION REVIEW FOR NURSING FACILITY	67967
ADMISSION	67968

Pursuant to an interagency agreement, the Department of Job	67969
and Family Services shall designate the Department of Aging to	67970
perform assessments under sections 173.42 and 5111.204 of the	67971
Revised Code. Of the foregoing appropriation item 490-403,	67972
PASSPORT, the Department of Aging may use not more than $2,586,648	67973
in fiscal year 2006 and $2,651,315 in fiscal year 2007 to perform	67974
the assessments for persons not eligible for Medicaid under the	67975
department's interagency agreement with the Department of Job and	67976
Family Services and to assist individuals in planning for their	67977
long-term health care needs.	67978

Section 203.21.06. PASSPORT

67979

Of the foregoing appropriation item 490-403, PASSPORT, up to	67980
$200,000 in fiscal year 2006 shall be used for the request for	67981
proposal process, and for the contracting of and the evaluation of	67982
the PASSORT Program, as required under Section 206.66.66 of this	67983
act.	67984

Appropriation item 490-403, PASSPORT, and the amounts set	67985
aside for the PASSPORT Waiver Program in appropriation item	67986
490-610, PASSPORT/Residential State Supplement, may be used to	67987
assess clients regardless of Medicaid eligibility.	67988

The Director of Aging shall adopt rules under section 111.15	67989
of the Revised Code governing the nonwaiver funded PASSPORT	67990
program, including client eligibility.	67991

The Department of Aging shall administer the Medicaid	67992
waiver-funded PASSPORT Home Care Program as delegated by the	67993
Department of Job and Family Services in an interagency agreement.	67994
The foregoing appropriation item 490-403, PASSPORT, and the	67995
amounts set aside for the PASSPORT Waiver Program in appropriation	67996
item 490-610, PASSPORT/Residential State Supplement, shall be used	67997
to provide the required state match for federal Medicaid funds	67998
supporting the Medicaid Waiver-funded PASSPORT Home Care Program.	67999
Appropriation item 490-403, PASSPORT, and the amounts set aside	68000
for the PASSPORT Waiver Program in appropriation item 490-610,	68001
PASSPORT/Residential State Supplement, may also be used to support	68002
the Department of Aging's administrative costs associated with	68003
operating the PASSPORT program.	68004

The foregoing appropriation item 490-607, PASSPORT, shall be	68005
used to provide the federal matching share for all PASSPORT	68006
program costs determined by the Department of Job and Family	68007
Services to be eligible for Medicaid reimbursement.	68008

OHIO COMMUNITY SERVICE COUNCIL

68009

The foregoing appropriation items 490-409, Ohio Community	68010
Service Council Operations, and 490-617, Ohio Community Service	68011
Council Programs, shall be used in accordance with section 121.40	68012
of the Revised Code.	68013

The Director of Budget and Management shall transfer, by	68014
intrastate transfer voucher, in fiscal year 2006, $615,000 from	68015
Fund 4E3, Resident Protection Fund, in the Department of Job and	68016
Family Services, to Fund 5BA in the Department of Aging, to be	68017
used for program management for the Office of the State Long-Term	68018
Care Ombudsman created by the Department of Aging under division	68019
(M) of section 173.01 of the Revised Code.	68020

SENIOR COMMUNITY SERVICES

68021

Appropriation item 490-411, Senior Community Services, shall	68022
be used for services designated by the Department of Aging,	68023
including, but not limited to, home-delivered and congregate	68024
meals, transportation services, personal care services, respite	68025
services, adult day services, home repair, care coordination, and	68026
decision support systems. Service priority shall be given to low	68027
income, frail, and cognitively impaired persons 60 years of age	68028
and over. The department shall promote cost sharing by service	68029
recipients for those services funded with block grant funds,	68030
including, when possible, sliding-fee scale payment systems based	68031
on the income of service recipients.	68032

ALZHEIMERS RESPITE

68033

The foregoing appropriation item 490-414, Alzheimers Respite,	68034
shall be used to fund only Alzheimer's disease services under	68035
section 173.04 of the Revised Code.	68036

JCFS ELDERLY TRANSPORTATION

68037

The foregoing appropriation item 490-416, JCFS Elderly	68038
Transportation, shall be used for noncapital expenses related to	68039
transportation services for the elderly that provide access to	68040
such things as healthcare services, congregate meals,	68041
socialization programs, and grocery shopping. The funds shall pass	68042
through and shall be administered by the Area Agencies on Aging.	68043

Agencies receiving funding from appropriation item 490-416,	68044
JCFS Elderly Transportation, shall coordinate services with other	68045
local service agencies.	68046

RESIDENTIAL STATE SUPPLEMENT

68047

Under the Residential State Supplement Program, the amount	68048
used to determine whether a resident is eligible for payment and	68049
for determining the amount per month the eligible resident will	68050
receive shall be as follows:	68051

(A) $900 for a residential care facility, as defined in	68052
section 3721.01 of the Revised Code;	68053

(B) $900 for an adult group home, as defined in Chapter 3722.	68054
of the Revised Code;	68055

(C) $800 for an adult foster home, as defined in Chapter 173.	68056
of the Revised Code;	68057

(D) $800 for an adult family home, as defined in Chapter	68058
3722. of the Revised Code;	68059

(E) $800 for an adult community alternative home, as defined	68060
in Chapter 3724. of the Revised Code;	68061

(F) $800 for an adult residential facility, as defined in	68062
Chapter 5119. of the Revised Code;	68063

(G) $600 for adult community mental health housing services,	68064
as defined in division (B)(5) of section 173.35 of the Revised	68065
Code.	68066

The Departments of Aging and Job and Family Services shall	68067
reflect these amounts in any applicable rules the departments	68068
adopt under section 173.35 of the Revised Code.	68069

LONG-TERM CARE OMBUDSMAN

68070

The foregoing appropriation item 490-410, Long-Term Care	68071
Ombudsman, shall be used for a program to fund ombudsman program	68072
activities in nursing homes, adult care facilities, boarding	68073
homes, and home and community care services.	68074

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

68075

In fiscal year 2006, the Department of Aging may transfer	68076
cash by intrastate transfer vouchers from the foregoing	68077
appropriation items 490-412, Residential State Supplement, and	68078
490-610, PASSPORT/Residential State Supplement, to the Department	68079
of Job and Family Services' Fund 4J5, Home and Community-Based	68080
Services for the Aged Fund. The funds shall be used to make	68081
benefit payments to Residential State Supplement recipients.	68082

TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL	68083
INDEPENDENCE SERVICES, AND FEDERAL AGING GRANTS	68084

Upon written request of the Director of Aging, the Director	68085
of Budget and Management may transfer appropriation authority	68086
among appropriation items 490-611, Federal Aging Nutrition,	68087
490-612, Federal Independence Services, and 490-618, Federal Aging	68088
Grants, in amounts not to exceed 30 per cent of the appropriation	68089
from which the transfer is made. The Department of Aging shall	68090
report a transfer to the Controlling Board at the next regularly	68091
scheduled meeting of the board.	68092

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

68093

The foregoing appropriation item 490-609, Regional Long-Term	68094
Care Ombudsman Program, shall be used solely to pay the costs of	68095
operating the regional long-term care ombudsman programs.	68096

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

68097

Of the foregoing appropriation item 490-610,	68098
PASSPORT/Residential State Supplement, up to $2,835,000 each	68099
fiscal year may be used to fund the Residential State Supplement	68100
Program. The remaining available funds shall be used to fund the	68101
PASSPORT program.	68102

TRANSITION PLAN FOR RESIDENTIAL STATE SUPPLEMENT

68103

Subject to approval by the Social Security Administration, of	68104
the foregoing appropriation item 490-610, PASSPORT/Residential	68105
State Supplement, in fiscal year 2007 the Department of Aging	68106
shall transfer to the Ohio Department of Mental Health sufficient	68107
funds to make benefit payments for all Residential State	68108
Supplement recipients who are less than 60 years of age diagnosed	68109
with mental illness, mental retardation, or a developmental	68110
disability and are enrolled in the program on June 30, 2006.	68111

The departments of Aging and Mental Health shall jointly	68112
petition the Social Security Administration to approve changes to	68113
the Residential State Supplement program. Changes proposed by the	68114
two departments shall ensure that Residential State Supplement	68115
program recipients on June 30, 2006, continue to receive benefit	68116
payments as long as they remain in the program. Changes proposed	68117
by the departments of Aging and Mental Health may include	68118
provisions that improve local accountability to county boards of	68119
mental health, maximize available funding, and improve the quality	68120
of residential settings approved for recipients.	68121

Section 203.24. AGR DEPARTMENT OF AGRICULTURE

68122

General Revenue Fund

68123

GRF	700-321	Operating Expenses	$	2,605,330	$	2,605,330	68124
GRF	700-401	Animal Disease Control	$	3,574,506	$	3,574,506	68125
GRF	700-403	Dairy Division	$	1,304,504	$	1,304,504	68126
GRF	700-404	Ohio Proud	$	185,395	$	185,395	68127
GRF	700-405	Animal Damage Control	$	60,000	$	60,000	68128
GRF	700-406	Consumer Analytical Lab	$	819,907	$	819,907	68129
GRF	700-407	Food Safety	$	939,099	$	939,099	68130
GRF	700-409	Farmland Preservation	$	241,573	$	241,573	68131
GRF	700-410	Plant Industry	$	391,216	$	50,000	68132
GRF	700-411	International Trade and Market Development	$	517,524	$	517,524	68133
GRF	700-413	Gypsy Moth Prevention	$	200,000	$	200,000	68134
GRF	700-415	Poultry Inspection	$	251,678	$	251,678	68135
GRF	700-418	Livestock Regulation Program	$	1,228,496	$	1,228,496	68136
GRF	700-424	Livestock Testing and Inspections	$	115,946	$	115,946	68137
GRF	700-499	Meat Inspection Program - State Share	$	4,696,889	$	4,696,889	68138
GRF	700-501	County Agricultural Societies	$	358,226	$	358,226	68139
TOTAL GRF General Revenue Fund			$	17,490,289	$	17,149,073	68140

Federal Special Revenue Fund Group

68141

3J4	700-607	Indirect Cost	$	1,500,027	$	1,500,027	68142
3R2	700-614	Federal Plant Industry	$	4,800,000	$	4,800,000	68143
326	700-618	Meat Inspection Program - Federal Share	$	5,201,291	$	5,201,291	68144
336	700-617	Ohio Farm Loan Revolving Fund	$	43,793	$	44,679	68145
382	700-601	Cooperative Contracts	$	4,300,000	$	4,300,000	68146
TOTAL FED Federal Special Revenue							68147
Fund Group			$	15,845,111	$	15,845,997	68148

State Special Revenue Fund Group

68149

4C9	700-605	Feed, Fertilizer, Seed, and Lime Inspection	$	1,922,857	$	1,891,395	68150
4D2	700-609	Auction Education	$	23,885	$	24,601	68151
4E4	700-606	Utility Radiological Safety	$	73,059	$	73,059	68152
4P7	700-610	Food Safety Inspection	$	816,096	$	858,096	68153
4R0	700-636	Ohio Proud Marketing	$	38,300	$	38,300	68154
4R2	700-637	Dairy Industry Inspection	$	1,541,466	$	1,621,460	68155
4T6	700-611	Poultry and Meat Inspection	$	47,294	$	47,294	68156
4T7	700-613	International Trade and Market Development	$	52,000	$	54,000	68157
494	700-612	Agricultural Commodity Marketing Program	$	170,220	$	170,220	68158
496	700-626	Ohio Grape Industries	$	1,071,099	$	1,071,054	68159
497	700-627	Commodity Handlers Regulatory Program	$	515,820	$	529,978	68160
5BF	700-643	Weights and Measures	$	1,160,600	$	1,160,600	68161
5B8	700-629	Auctioneers	$	365,390	$	365,390	68162
5H2	700-608	Metrology Lab and Scale Certification	$	351,526	$	362,526	68163
5L8	700-604	Livestock Management Program	$	30,000	$	30,000	68164
578	700-620	Ride Inspection Fees	$	1,105,436	$	1,115,436	68165
652	700-634	Animal and Consumer Analytical Laboratory	$	1,876,624	$	1,831,232	68166
669	700-635	Pesticide Program	$	2,993,232	$	3,354,448	68167
TOTAL SSR State Special Revenue							68168
Fund Group			$	14,154,904	$	14,599,089	68169

Clean Ohio Fund Group

68170

057	700-632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		68171
TOTAL CLR Clean Ohio Fund Group					$	149,000		$	149,000		68172

TOTAL ALL BUDGET FUND GROUPS

47,639,304

47,743,159

68173

OHIO - ISRAEL AGRICULTURAL INITIATIVE

68174

Of the foregoing General Revenue Fund appropriation item	68175
700-411, International Trade and Market Development, $100,000	68176
shall be used in fiscal year 2006 for the Ohio - Israel	68177
Agricultural Initiative.	68178

FAMILY FARM LOAN PROGRAM

68179

Notwithstanding Chapter 166. of the Revised Code, up to	68180
$1,000,000 in each fiscal year shall be transferred from moneys in	68181
the Facilities Establishment Fund (Fund 037) to the Family Farm	68182
Loan Fund (Fund 5H1) in the Department of Development. These	68183
moneys shall be used for loan guarantees. The transfer is subject	68184
to Controlling Board approval.	68185

Financial assistance from the Family Farm Loan Fund (Fund	68186
5H1) shall be repaid to Fund 5H1. This fund is established in	68187
accordance with sections 166.031, 901.80, 901.81, 901.82, and	68188
901.83 of the Revised Code.	68189

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	68190
all outstanding balances, all loan repayments, and any other	68191
outstanding obligations shall revert to the Facilities	68192
Establishment Fund (Fund 037).	68193

Section 203.24.03. FERTILIZER-RELATED LICENSURE AND	68194
REGISTRATION	68195

To facilitate implementation of the new schedule for	68196
fertilizer-related licensure, registration, and reporting	68197
established under sections 905.32, 905.33, 905.331, and 905.36 of	68198
the Revised Code, as amended by this act, all of the following	68199
apply:	68200

(A) With regard to licenses for which applications for the	68201
license period beginning July 1, 2005, have been submitted under	68202
sections 905.32 and 905.331 of the Revised Code as those sections	68203
existed prior to their amendment by this act, a license shall be	68204
issued for a period beginning on July 1, 2005, and ending on	68205
November 30, 2005, and shall expire on November 30, 2005.	68206

(B) With regard to registrations of a specialty fertilizer	68207
for which applications for the registration period beginning July	68208
1, 2005, have been submitted under section 905.33 of the Revised	68209
Code as that section existed prior to its amendment by this act, a	68210
registration shall be issued for the period beginning on July 1,	68211
2005, and ending on November 30, 2005, and shall expire on	68212
November 30, 2005.	68213

(C) A person who is required to submit a tonnage report	68214
within thirty days of June 30, 2005, under section 905.36 of the	68215
Revised Code as that section existed prior to its amendments by	68216
this act shall submit the report by that date. However, the person	68217
shall submit a new annual tonnage report by November 30, 2005, as	68218
required by section 905.36 of the Revised Code as amended by this	68219
act.	68220

COMMERCIAL FEED, FERTILIZER, SEED, AND LIME INSPECTION AND	68221
LABORATORY FUND	68222

The Commercial Feed, Fertilizer, Seed, and Lime Inspection	68223
and Laboratory Fund created in section 905.38 of the Revised Code,	68224
as amended by this act, is a continuation of the Commerical Feed,	68225
Fertilizer, and Lime Inspection and Laboratory Fund that was	68226
created in that section prior to its amendment by this act.	68227
Notwithstanding any other provision of law to the contrary, the	68228
Seed Fund (5Z4) created in section 907.16 of the Revised Code	68229
shall cease to exist, effective July 1, 2005. All assets,	68230
liabilities, revenues, and obligations associated with the Seed	68231
Fund (5Z4) are hereby transferred to the Commerical Feed,	68232
Fertilizer, Seed, and Lime Inspection and Laboratory Fund (Fund	68233
4C9) on July 1, 2005.	68234

Effective July 1, 2005, or as soon thereafter as possible,	68235
the Director of Agriculture shall certify to the Director of	68236
Budget and Management the cash balance in the Seed Fund (5Z4),	68237
which was merged in section 907.16 of the Revised Code, as amended	68238
by this act. The Director of Budget and Management shall transfer	68239
the certified amount to the Commercial Feed, Fertilizer, Seed, and	68240
Lime Inspection and Laboratory Fund (Fund 4C9), which is created	68241
in section 907.16 of the Revised Code, formerly named the Seed	68242
Fund. The Director shall cancel any existing encumbrances against	68243
appropriation item 700-642, Seed Program, and re-establish them	68244
against appropriation item 700-605, Feed, Fertilizer, Seed, and	68245
Lime Inspection. The amounts of the re-established encumbrances	68246
are hereby appropriated.	68247

METROLOGY LAB AND SCALE CERTIFICATION FUND

68248

The Metrology and Scale Certification Fund created in section	68249
1327.511 of the Revised Code, as amended by this act, is a	68250
continuation of the Scale Certification Fund that was created in	68251
that section prior to its amendment by this act. Notwithstanding	68252
any other provision of law to the contrary, the Scale	68253
Certification Fund (Fund 579) created in section 1327.511 of the	68254
Revised Code shall cease to exist, effective July 1, 2005. All	68255
assets, liabilities, revenues, and obligations associated with the	68256
Scale Certification Fund (Fund 579) are hereby transferred to the	68257
Metrology Lab and Scale Certification Fund (Fund 5H2) on July 1,	68258
2005.	68259

Effective July 1, 2005, or as soon thereafter as possible,	68260
the Director of Agriculture shall certify to the Director of	68261
Budget and Management the cash balance in the Scale Certification	68262
Fund (Fund 579), which was merged in section 1327.511 of the	68263
Revised Code, as amended by this act. The Director of Budget and	68264
Management shall transfer the certified amount to the Metrology	68265
Laboratory and Scale Certification Fund (Fund 5H2) which is	68266
created in section 1327.511 of the Revised Code, formerly named	68267
the Scale Certification Laboratory Fund. The Director shall cancel	68268
any existing encumbrances against appropriation item 700-630,	68269
Scale Certification, and re-establish them against appropriation	68270
item 700-608, Metrology Lab. The amounts of the re-established	68271
encumbrances are hereby appropriated.	68272

ANIMAL AND CONSUMER ANALYTICAL LABORATORY SERVICES FUND

68273

Notwithstanding any other provision of law to the contrary,	68274
the Animal Industry Laboratory Fees Fund (Fund 4V5) created in	68275
division (E)(1) of section 901.43 of the Revised Code shall cease	68276
to exist, effective July 1, 2005. All assets, liabilities,	68277
revenues, and obligations associated with the Animal Industry	68278
Laboratory Fund (Fund 4V5) are hereby transferred to the Animal	68279
and Consumer Analytical Laboratory Services Fund (Fund 652) on	68280
July 1, 2005.	68281

Effective July 1, 2005, or as soon thereafter as possible,	68282
the Director of Agriculture shall certify to the Director Budget	68283
and Management the cash balance in the Animal Industry Laboratory	68284
Fund (Fund 4V5), which was merged in division (E)(1) of section	68285
901.43 of the Revised Code, as amended by this act. The Director	68286
of Budget and Management shall transfer the certified amount to	68287
the Animal and Consumer Analytical Laboratory Services Fund (Fund	68288
652) which is created in division (E)(2) of section 901.43 of the	68289
Revised Code, formerly named the Animal Industry Laboratory Fund.	68290
The Director of Budget and Management shall cancel any existing	68291
encumbrances against appropriation item 700-615, Animal Industry	68292
Lab Fees, and re-establish them against appropriation item	68293
700-634, Laboratory Services. The amounts of the re-established	68294
encumbrances are hereby appropriated.	68295

PESTICIDE REGISTRATION AND INSPECTION FEE

68296

The registration and inspection fee established in rules	68297
adopted under section 921.16 of Revised Code for the purposes of	68298
section 921.02 of the Revised Code, as that section existed prior	68299
to its amendment by this act, that are in effect on January 1,	68300
2005, shall remain in effect until the new fees established in	68301
section 921.02 of the Revised Code as amended by this act take	68302
effect on January 1, 2007.	68303

CLEAN OHIO AGRICULTURAL EASEMENT

68304

The foregoing appropriation item 700-632, Clean Ohio	68305
Agricultural Easement, shall be used by the Department of	68306
Agriculture in administering sections 901.21, 901.22, and 5301.67	68307
to 5301.70 of the Revised Code.	68308

TRANSFER BETWEEN FUNDS

68309

For fiscal years 2006 and 2007, if the cash credited to the	68310
Commercial Feed, Fertilizer, Seed, and Lime Inspection and	68311
Laboratory Fund (Fund 4C9) or the Pesticide Program Fund (Fund	68312
669) exceeds the amount necessary to administer the programs for	68313
which they were intended, the Director of Agriculture may certify	68314
the amount to the Director of Budget and Management. The Director	68315
of Budget and Management may transfer the cash to any other fund	68316
administered by the Director of Agriculture.	68317

Section 203.27. AIR AIR QUALITY DEVELOPMENT AUTHORITY

68318

General Revenue Fund

68319

GRF	898-402	Coal Development Office	$	568,814	$	573,814	68320
GRF	898-901	Coal R&D General Obligation Debt Service	$	7,071,100	$	8,980,800	68321
TOTAL GRF General Revenue Fund			$	7,639,914	$	9,554,614	68322

Agency Fund Group

68323

4Z9	898-602	Small Business Ombudsman	$	263,165	$	264,196	68324
5A0	898-603	Small Business Assistance	$	71,087	$	71,087	68325
570	898-601	Operating Expenses	$	256,875	$	263,693	68326
TOTAL AGY Agency Fund Group			$	591,127	$	598,976	68327

Coal Research/Development Fund

68328

046	898-604	Coal Research and Development Fund	$	10,000,000	$	10,000,000	68329
TOTAL 046 Coal Research/Development Fund			$	10,000,000	$	10,000,000	68330
TOTAL ALL BUDGET FUND GROUPS			$	18,231,041	$	20,153,590	68331

COAL DEVELOPMENT OFFICE

68332

The foregoing appropriation item GRF 898-402, Coal	68333
Development Office, shall be used for the administrative costs of	68334
the Coal Development Office.	68335

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

68336

The foregoing appropriation item GRF 898-901, Coal R & D	68337
General Obligation Debt Service, shall be used to pay all debt	68338
service and related financing costs at the times they are required	68339
to be made under sections 151.01 and 151.07 of the Revised Code	68340
during the period from July 1, 2005, to June 30, 2007. The Office	68341
of the Sinking Fund or the Director of Budget and Management shall	68342
effectuate the required payments by intrastate transfer voucher.	68343

SCIENCE AND TECHNOLOGY COLLABORATION

68344

The Air Quality Development Authority shall work in close	68345
collaboration with the Department of Development, the Board of	68346
Regents, and the Third Frontier Commission in relation to	68347
appropriation items and programs referred to as Alignment Programs	68348
in the following paragraph, and other technology-related	68349
appropriations and programs in the Department of Development, Air	68350
Quality Development Authority, and the Board of Regents as those	68351
agencies may designate, to ensure implementation of a coherent	68352
state strategy with respect to science and technology.	68353

To the extent permitted by law, the Air Quality Development	68354
Authority shall assure that coal research and development	68355
programs, proposals, and projects consider or incorporate	68356
appropriate collaborations with Third Frontier Project programs	68357
and grantees and with Alignment Programs and grantees.	68358

"Alignment Programs" means: appropriation items 195-401,	68359
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	68360
Third Frontier Action Fund; 898-604, Coal Research and Development	68361
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	68362
Institute of Technology; 235-510, Ohio Supercomputer Center;	68363
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	68364
235-535, Ohio Agricultural Research and Development Center;	68365
235-553, Dayton Area Graduate Studies Institute; 235-554,	68366
Priorities in Collaborative Graduate Education; 235-556, Ohio	68367
Academic Resources Network; and 195-435, Biomedical Research and	68368
Technology Transfer Trust.	68369

Consistent with the recommendations of the Governor's	68370
Commission on Higher Education and the Economy, Alignment Programs	68371
shall be managed and administered (1) to build on existing	68372
competitive research strengths, (2) to encourage new and emerging	68373
discoveries and commercialization of ideas and products that will	68374
benefit the Ohio economy, and (3) to assure improved collaboration	68375
among Alignment Programs, with programs administered by the Third	68376
Frontier Commission, and with other state programs that are	68377
intended to improve economic growth and job creation.	68378

As directed by the Third Frontier Commission, Alignment	68379
Program managers shall report to the Commission or to the Third	68380
Frontier Advisory Board on the contributions of their programs to	68381
achieving the objectives stated in the preceding paragraph.	68382

Each alignment program shall be reviewed annually by the	68383
Third Frontier Commission with respect to its development of	68384
complementary relationships within a combined state science and	68385
technology investment portfolio and its overall contribution to	68386
the state's science and technology strategy, including the	68387
adoption of appropriately consistent criteria for: (1) the	68388
scientific merit of activities supported by the program; (2) the	68389
relevance of the program's activities to commercial opportunities	68390
in the private sector; (3) the private sector's involvement in a	68391
process that continually evaluates commercial opportunities to use	68392
the work supported by the program; and (4) the ability of the	68393
program and recipients of grant funding from the program to engage	68394
in activities that are collaborative, complementary, and efficient	68395
with respect to the expenditure of state funds. Each alignment	68396
program shall provide annual reports to the Third Frontier	68397
Commission discussing existing, planned, or possible	68398
collaborations between programs and recipients of grant funding	68399
related to technology, development, commercialization, and	68400
supporting Ohio's economic development. The annual review by the	68401
Third Frontier Commission shall be a comprehensive review of the	68402
entire state science and technology program portfolio rather than	68403
a review of individual programs.	68404

Requirements for high-performance computing facilities and	68405
services, including both hardware and software, shall be	68406
specifically addressed in all proposals for Third Frontier and	68407
Alignment Program funding. Where such facilities and services	68408
individually or collectively exceed approximately $100,000 for a	68409
proposal, the Ohio Supercomputer Center shall convene a panel of	68410
experts to review the proposal to determine, for the consideration	68411
of the Third Frontier Commission, whether the proposed project	68412
requirements can be met through Ohio Supercomputer Center	68413
facilities or through other means.	68414

Section 203.30. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	68415
SERVICES	68416

General Revenue Fund

68417

GRF	038-321	Operating Expenses	$	1,128,275	$	1,128,275	68418
GRF	038-401	Treatment Services	$	35,593,265	$	36,661,063	68419
GRF	038-404	Prevention Services	$	1,021,483	$	1,052,127	68420
TOTAL GRF General Revenue Fund			$	37,743,023	$	38,841,465	68421

General Services Fund

68422

5T9	038-616		Problem Gambling Services		$	285,000		$	285,000		68423
TOTAL GSF General Services Fund Group					$	285,000		$	285,000		68424

Federal Special Revenue Fund Group

68425

3G3	038-603	Drug Free Schools	$	3,500,000	$	3,500,000	68426
3G4	038-614	Substance Abuse Block Grant	$	73,000,000	$	73,000,000	68427
3H8	038-609	Demonstration Grants	$	7,093,075	$	7,093,075	68428
3J8	038-610	Medicaid	$	42,000,000	$	46,000,000	68429
3N8	038-611	Administrative Reimbursement	$	500,000	$	500,000	68430
TOTAL FED Federal Special Revenue							68431
Fund Group			$	126,093,075	$	130,093,075	68432

State Special Revenue Fund Group

68433

475	038-621	Statewide Treatment and Prevention	$	17,500,000	$	18,000,000	68434
689	038-604	Education and Conferences	$	350,000	$	350,000	68435
TOTAL SSR State Special Revenue							68436
Fund Group			$	17,850,000	$	18,350,000	68437
TOTAL ALL BUDGET FUND GROUPS			$	181,971,098	$	187,569,540	68438

OPERATING EXPENSES

68439

Of the foregoing appropriation item 038-321, Operating	68440
Expenses, $50,000 in each fiscal year shall be distributed	68441
directly to the Talbert House.	68442

TREATMENT SERVICES

68443

Of the foregoing appropriation item 038-401, Treatment	68444
Services, not more than $8,190,000 shall be used by the Department	68445
of Alcohol and Drug Addiction Services for program grants for	68446
priority populations in each year of the biennium.	68447

SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN

68448

Of the foregoing appropriation item 038-401, Treatment	68449
Services, $4 million in each fiscal year shall be used to provide	68450
substance abuse services to families involved in the child welfare	68451
system under the requirements of Am. Sub. H.B. 484 of the 122nd	68452
General Assembly.	68453

SERVICES FOR TANF-ELIGIBLE INDIVIDUALS

68454

Of the foregoing appropriation item 038-401, Treatment	68455
Services, $5 million each year shall be used to fund TANF-eligible	68456
expenditures for substance abuse prevention and treatment services	68457
to children, or their families, whose income is at or below 200	68458
per cent of the official income poverty guideline. The Director of	68459
Alcohol and Drug Addiction Services and the Director of Job and	68460
Family Services shall develop operating and reporting guidelines	68461
for these programs.	68462

THERAPEUTIC COMMUNITIES

68463

Of the foregoing appropriation item 038-401, Treatment	68464
Services, $750,000 shall be used in each fiscal year for expansion	68465
of the Therapeutic Communities Program in the Department of	68466
Rehabilitation and Correction.	68467

PARENT AWARENESS TASK FORCE

68468

The Parent Awareness Task Force shall study ways to engage	68469
more parents in activities, coalitions, and educational programs	68470
in Ohio relating to alcohol and other drug abuse prevention. Of	68471
the foregoing appropriation item 038-404, Prevention Services,	68472
$30,000 in each fiscal year may be used to support the functions	68473
of the Parent Awareness Task Force.	68474

Section 203.36. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

68475

General Services Fund Group

68476

4K9	891-609	Operating Expenses	$	489,197	$	489,197	68477
TOTAL GSF General Services Fund							68478
Group			$	489,197	$	489,197	68479
TOTAL ALL BUDGET FUND GROUPS			$	489,197	$	489,197	68480

Section 203.39. ART OHIO ARTS COUNCIL

68482

General Revenue Fund

68483

GRF	370-100	Personal Services	$	1,798,235	$	1,798,235	68484
GRF	370-200	Maintenance	$	459,746	$	459,746	68485
GRF	370-300	Equipment	$	4,700	$	4,700	68486
GRF	370-502	Program Subsidies	$	7,975,480	$	7,975,480	68487
TOTAL GRF General Revenue Fund			$	10,238,161	$	10,238,161	68488

General Services Fund Group

68489

4B7	370-603	Per Cent for Art Acquisitions	$	86,366	$	86,366	68490
460	370-602	Gifts and Donations	$	400,000	$	400,000	68491
TOTAL GSF General Services Fund Group			$	486,366	$	486,366	68492

Federal Special Revenue Fund Group

68493

314	370-601	Federal Programs	$	1,537,200	$	1,537,200	68494
TOTAL FED Federal Special Revenue Fund Group			$	1,537,200	$	1,537,200	68495
TOTAL ALL BUDGET FUND GROUPS			$	12,261,727	$	12,261,727	68496

PROGRAM SUBSIDIES

68497

A museum is not eligible to receive funds from appropriation	68498
item 370-502, Program Subsidies, if $8,000,000 or more in capital	68499
appropriations were appropriated by the state for the museum	68500
between January 1, 1986, and December 31, 2002.	68501

Section 203.42. AFC OHIO CULTURAL FACILITIES COMMISSION

68502

General Revenue Fund

68503

GRF	371-321	Operating Expenses	$	198,406	$	195,707	68504
GRF	371-401	Lease Rental Payments	$	38,126,600	$	38,246,500	68505
TOTAL GRF General Revenue Fund			$	38,325,006	$	38,442,207	68506

State Special Revenue Fund Group

68507

4T8	371-601	Riffe Theatre Equipment Maintenance	$	81,000	$	81,000	68508
4T8	371-603	Project Administration	$	920,448	$	983,295	68509
TOTAL SSR State Special Revenue Group			$	1,001,448	$	1,064,295	68510
TOTAL ALL BUDGET FUND GROUPS			$	39,326,454	$	39,506,502	68511

LEASE RENTAL PAYMENTS

68512

The foregoing appropriation item 371-401, Lease Rental	68513
Payments, shall be used for payments to the Ohio Building	68514
Authority and the Treasurer of State for the period from July 1,	68515
2005, to June 30, 2007, under the primary leases and agreements	68516
for those arts and sports facilities made under Chapters 152. and	68517
154. of the Revised Code, but limited to the aggregate amount of	68518
$76,373,100. This appropriation is the source of funds pledged for	68519
bond service charges on related obligations issued pursuant to	68520
Chapter 152. of the Revised Code.	68521

OPERATING EXPENSES

68522

The foregoing appropriation item 371-321, Operating Expenses,	68523
shall be used by the Ohio Cultural Facilities Commission to carry	68524
out its responsibilities under this section and Chapter 3383. of	68525
the Revised Code.	68526

By July 10, 2005, or as soon as possible thereafter, the	68527
Director of Budget and Management shall determine the amount of	68528
cash from interest earnings to be transferred from the Ohio	68529
Cultural Facilities Building Fund (Fund 030) to the AFC	68530
Administration Fund (Fund 4T8).	68531

By July 10, 2006, or as soon as possible thereafter, the	68532
Director of Budget and Management shall determine the amount of	68533
cash from interest earnings to be transferred from the Ohio	68534
Cultural Facilities Building Fund (Fund 030) to the AFC	68535
Administration Fund (Fund 4T8).	68536

Section 203.45. ATH ATHLETIC COMMISSION

68537

General Services Fund Group

68538

4K9	175-609	Operating Expenses	$	248,150	$	68539
TOTAL GSF General Services Fund Group			$	248,150	$	68540
TOTAL ALL BUDGET FUND GROUPS			$	248,150	$	68541

Section 203.48. AGO ATTORNEY GENERAL

68543

General Revenue Fund

68544

GRF	055-321	Operating Expenses	$	42,118,150	$	52,610,156	68545
GRF	055-411	County Sheriffs' Pay Supplement	$	760,495	$	779,509	68546
GRF	055-415	County Prosecutors' Pay Supplement	$	740,704	$	759,222	68547
TOTAL GRF General Revenue Fund			$	43,619,349	$	54,148,887	68548

General Services Fund Group

68549

106	055-612	General Reimbursement	$	21,370,196	$	21,370,196	68550
107	055-624	Employment Services	$	850,000	$	850,000	68551
195	055-660	Workers' Compensation Section	$	7,769,628	$	7,769,628	68552
4Y7	055-608	Title Defect Rescission	$	250,000	$	250,000	68553
4Z2	055-609	BCI Asset Forfeiture and Cost Reimbursement	$	1,332,109	$	1,332,109	68554
418	055-615	Charitable Foundations	$	4,899,066	$	4,899,066	68555
420	055-603	Attorney General Antitrust	$	446,449	$	446,449	68556
421	055-617	Police Officers' Training Academy Fee	$	1,693,213	$	1,693,213	68557
5A9	055-618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	68558
590	055-633	Peace Officer Private Security Fund	$	98,370	$	98,370	68559
629	055-636	Corrupt Activity Investigation and Prosecution	$	15,000	$	15,000	68560
631	055-637	Consumer Protection Enforcement	$	1,373,832	$	1,373,832	68561
TOTAL GSF General Services Fund							68562
Group			$	40,105,363	$	40,105,363	68563

Federal Special Revenue Fund Group

68564

3E5	055-638	Attorney General Pass-Through Funds	$	1,981,102	$	1,981,102	68565
3R6	055-613	Attorney General Federal Funds	$	3,842,097	$	3,842,097	68566
306	055-620	Medicaid Fraud Control	$	2,799,000	$	2,799,000	68567
381	055-611	Civil Rights Legal Service	$	390,815	$	390,815	68568
383	055-634	Crime Victims Assistance	$	18,439,313	$	18,439,313	68569
TOTAL FED Federal Special Revenue							68570
Fund Group			$	27,452,327	$	27,452,327	68571

State Special Revenue Fund Group

68572

4L6	055-606	DARE	$	3,927,962	$	3,927,962	68573
402	055-616	Victims of Crime	$	30,000,000	$	30,000,000	68574
419	055-623	Claims Section	$	23,671,954	$	15,149,954	68575
659	055-641	Solid and Hazardous Waste Background Investigations	$	621,159	$	621,159	68576
TOTAL SSR State Special Revenue							68577
Fund Group			$	58,221,075	$	49,699,075	68578

Holding Account Redistribution Fund Group

68579

R04	055-631	General Holding Account	$	275,000	$	275,000	68580
R05	055-632	Antitrust Settlements	$	1,000	$	1,000	68581
R18	055-630	Consumer Frauds	$	300,000	$	300,000	68582
R42	055-601	Organized Crime Commission Account	$	25,025	$	25,025	68583
TOTAL 090 Holding Account							68584
Redistribution Fund Group			$	601,025	$	601,025	68585
TOTAL ALL BUDGET FUND GROUPS			$	169,999,139	$	172,006,677	68586

COUNTY SHERIFFS' PAY SUPPLEMENT

68587

The foregoing appropriation item 055-411, County Sheriffs'	68588
Pay Supplement, shall be used for the purpose of supplementing the	68589
annual compensation of county sheriffs as required by section	68590
325.06 of the Revised Code.	68591

COUNTY PROSECUTORS' PAY SUPPLEMENT

68592

The foregoing appropriation item 055-415, County Prosecutors'	68593
Pay Supplement, shall be used for the purpose of supplementing the	68594
annual compensation of certain county prosecutors as required by	68595
section 325.111 of the Revised Code.	68596

WORKERS' COMPENSATION SECTION

68597

The Workers' Compensation Section Fund (Fund 195) is entitled	68598
to receive payments from the Bureau of Workers' Compensation and	68599
the Ohio Industrial Commission at the beginning of each quarter of	68600
each fiscal year to fund legal services to be provided to the	68601
Bureau of Workers' Compensation and the Ohio Industrial Commission	68602
during the ensuing quarter. The advance payment shall be subject	68603
to adjustment.	68604

In addition, the Bureau of Workers' Compensation shall	68605
transfer payments at the beginning of each quarter for the support	68606
of the Workers' Compensation Fraud Unit.	68607

All amounts shall be mutually agreed upon by the Attorney	68608
General, the Bureau of Workers' Compensation, and the Ohio	68609
Industrial Commission.	68610

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

68611

The foregoing appropriation item 055-636, Corrupt Activity	68612
Investigation and Prosecution, shall be used as provided by	68613
division (D)(2) of section 2923.35 of the Revised Code to dispose	68614
of the proceeds, fines, and penalties credited to the Corrupt	68615
Activity Investigation and Prosecution Fund, which is created in	68616
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	68617
is determined that additional amounts are necessary for this	68618
purpose, the amounts are hereby appropriated.	68619

FEDERAL PASS-THROUGH FUNDS

68620

The foregoing appropriation item 055-638, Attorney General	68621
Pass-Through Funds, shall be used to receive federal grant funds	68622
provided to the Attorney General by other state agencies,	68623
including, but not limited to, the Department of Youth Services	68624
and the Department of Public Safety. (These grants or subgrants	68625
generally pertain to criminal justice activities such as law	68626
enforcement or victims' services.)	68627

ANTITRUST SETTLEMENTS

68628

The foregoing appropriation item 055-632, Antitrust	68629
Settlements, shall be used to distribute court-ordered antitrust	68630
settlements in which the Office of Attorney General represents the	68631
state or a political subdivision under section 109.81 of the	68632
Revised Code. If it is determined that additional amounts are	68633
necessary for this purpose, the amounts are hereby appropriated.	68634

CONSUMER FRAUDS

68635

The foregoing appropriation item 055-630, Consumer Frauds,	68636
shall be used for distribution of moneys from court-ordered	68637
judgments against sellers in actions brought by the Office of	68638
Attorney General under sections 1334.08 and 4549.48 and division	68639
(B) of section 1345.07 of the Revised Code. These moneys shall be	68640
used to provide restitution to consumers victimized by the fraud	68641
that generated the court-ordered judgments. If it is determined	68642
that additional amounts are necessary for this purpose, the	68643
amounts are hereby appropriated.	68644

ORGANIZED CRIME COMMISSION ACCOUNT

68645

The foregoing appropriation item 055-601, Organized Crime	68646
Commission Account, shall be used by the Organized Crime	68647
Investigations Commission, as provided by section 177.011 of the	68648
Revised Code, to reimburse political subdivisions for the expenses	68649
the political subdivisions incur when their law enforcement	68650
officers participate in an organized crime task force. If it is	68651
determined that additional amounts are necessary for this purpose,	68652
the amounts are hereby appropriated.	68653

Section 203.51. AUD AUDITOR OF STATE

68654

General Revenue Fund

68655

GRF	070-321	Operating Expenses	$	28,964,425	$	28,964,425	68656
GRF	070-403	Fiscal Watch/Emergency Technical Assistance	$	500,000	$	500,000	68657
GRF	070-405	Electronic Data Processing - Auditing and Administration	$	823,193	$	823,193	68658
GRF	070-406	Uniform Accounting Network/Technology Improvements Fund	$	1,588,538	$	1,588,538	68659
TOTAL GRF General Revenue Fund			$	31,876,156	$	31,876,156	68660

Auditor of State Fund Group

68661

R06	070-604	Continuous Receipts	$	35,000	$	35,000	68662
109	070-601	Public Audit Expense - Intra-State	$	9,300,000	$	9,300,000	68663
422	070-601	Public Audit Expense - Local Government	$	31,104,840	$	31,104,840	68664
584	070-603	Training Program	$	131,250	$	131,250	68665
675	070-605	Uniform Accounting Network	$	3,317,336	$	3,317,336	68666
TOTAL AUS Auditor of State Fund							68667
Group			$	43,888,426	$	43,888,426	68668
TOTAL ALL BUDGET FUND GROUPS			$	75,764,582	$	75,764,582	68669

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

68670

The foregoing appropriation item 070-403, Fiscal	68671
Watch/Emergency Technical Assistance, shall be used for all	68672
expenses incurred by the Office of the Auditor of State in its	68673
role relating to fiscal watch or fiscal emergency activities under	68674
Chapters 118. and 3316. of the Revised Code. Expenses include, but	68675
are not limited to, the following: duties related to the	68676
determination or termination of fiscal watch or fiscal emergency	68677
of municipal corporations, counties, or townships as outlined in	68678
Chapter 118. of the Revised Code and of school districts as	68679
outlined in Chapter 3316. of the Revised Code; development of	68680
preliminary accounting reports; performance of annual forecasts;	68681
provision of performance audits; and supervisory, accounting, or	68682
auditing services for the mentioned public entities and school	68683
districts. The unencumbered balance of appropriation item 070-403,	68684
Fiscal Watch/Emergency Technical Assistance, at the end of fiscal	68685
year 2006 is transferred to fiscal year 2007 for use under the	68686
same appropriation item.	68687

ELECTRONIC DATA PROCESSING

68688

The unencumbered balance of appropriation item 070-405,	68689
Electronic Data Processing - Auditing and Administration, at the	68690
end of fiscal year 2006 is transferred to fiscal year 2007 for use	68691
under the same appropriation item.	68692

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND

68693

The foregoing appropriation item 070-406, Uniform Accounting	68694
Network/Technology Improvements Fund, shall be used to pay the	68695
costs of developing and implementing the Uniform Accounting	68696
Network and technology improvements for the Office of the Auditor	68697
of State. The unencumbered balance of the appropriation at the end	68698
of fiscal year 2006 is transferred to fiscal year 2007 to pay the	68699
costs of developing and implementing the Uniform Accounting	68700
Network and technology improvements for the Office of the Auditor	68701
of State.	68702

Section 203.54. BRB BOARD OF BARBER EXAMINERS

68703

General Services Fund Group

68704

4K9	877-609	Operating Expenses	$	568,126	$	0	68705
TOTAL GSF General Services Fund							68706
Group			$	568,126	$	0	68707
TOTAL ALL BUDGET FUND GROUPS			$	568,126	$	0	68708

Section 203.57. OBM OFFICE OF BUDGET AND MANAGEMENT

68710

General Revenue Fund

68711

GRF	042-321	Budget Development and Implementation	$	2,143,886	$	2,143,886	68712
GRF	042-410	National Association Dues	$	27,089	$	28,173	68713
GRF	042-412	Audit of Auditor of State	$	55,900	$	58,700	68714
GRF	042-435	Gubernatorial Transition	$	0	$	250,000	68715
TOTAL GRF General Revenue Fund			$	2,226,875	$	2,480,759	68716

General Services Fund Group

68717

105	042-603		Accounting and Budgeting		$	9,781,085		$	9,976,689		68718
TOTAL GSF General Services Fund Group					$	9,781,085		$	9,976,689		68719

State Special Revenue Fund Group

68720

5N4	042-602	OAKS Project Implementation	$	2,262,441	$	2,272,595	68721
TOTAL SSR State Special Revenue Fund Group			$	2,262,441	$	2,272,595	68722
TOTAL ALL BUDGET FUND GROUPS			$	14,270,401	$	14,730,043	68723

AUDIT COSTS

68724

Of the foregoing appropriation item 042-603, Accounting and	68725
Budgeting, not more than $420,000 in fiscal year 2006 and $425,000	68726
in fiscal year 2007 shall be used to pay for centralized audit	68727
costs associated with either Single Audit Schedules or financial	68728
statements prepared in conformance with generally accepted	68729
accounting principles for the state.	68730

OAKS PROJECT IMPLEMENTATION

68731

Notwithstanding section 126.25 of the Revised Code, in fiscal	68732
years 2006 and 2007, rebates or revenue shares received from any	68733
state payment card program established under division (B) of	68734
section 126.21 of the Revised Code may be deposited into the OAKS	68735
Project Implementation Fund (Fund 5N4).	68736

Section 203.60. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

68737

General Revenue Fund

68738

GRF	874-100	Personal Services	$	1,900,000	$	1,900,000	68739
GRF	874-320	Maintenance and Equipment	$	992,269	$	952,269	68740
TOTAL GRF General Revenue Fund			$	2,892,269	$	2,852,269	68741

General Services Fund Group

68742

4G5	874-603	Capitol Square Maintenance Expenses	$	15,000	$	15,000	68743
4S7	874-602	Statehouse Gift Shop/Events	$	770,484	$	770,484	68744
TOTAL GSF General Services							68745
Fund Group			$	785,484	$	785,484	68746

Underground Parking Garage

68747

208	874-601	Underground Parking Garage Operating	$	2,959,721	$	2,959,721	68748
TOTAL UPG Underground Parking							68749
Garage			$	2,959,721	$	2,959,721	68750
TOTAL ALL BUDGET FUND GROUPS			$	6,637,474	$	6,597,474	68751

EXPANSION OF COMMITTEE HEARING ROOMS

68752

Of the foregoing appropriation item 874-320, Maintenance and	68753
Equipment, $40,000 in fiscal year 2006 shall be used to expand the	68754
House of Representatives committee hearing rooms, numbers 119 and	68755
121.	68756

Section 203.63. SCR STATE BOARD OF CAREER COLLEGES AND	68757
SCHOOLS	68758

General Services Fund Group

68759

4K9	233-601	Operating Expenses	$	486,700	$	508,600	68760
TOTAL GSF General Services Fund Group			$	486,700	$	508,600	68761
TOTAL ALL BUDGET FUND GROUPS			$	486,700	$	508,600	68762

Section 203.66. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

68764

General Services Fund Group

68765

4K9	930-609	Operating Expenses	$	452,976	$	68766
TOTAL GSF General Services Fund Group			$	452,976	$	68767
TOTAL ALL BUDGET FUND GROUPS			$	452,976	$	68768

Section 203.69. CHR STATE CHIROPRACTIC BOARD

68770

General Services Fund Group

68771

4K9	878-609	Operating Expenses	$	605,278	$	0	68772
TOTAL GSF General Services Fund							68773
Group			$	605,278	$	0	68774
TOTAL ALL BUDGET FUND GROUPS			$	605,278	$	0	68775

Section 203.72. CIV OHIO CIVIL RIGHTS COMMISSION

68777

General Revenue Fund

68778

GRF	876-321		Operating Expenses		$	7,253,075		$	7,470,667		68779
TOTAL GRF General Revenue Fund					$	7,253,075		$	7,470,667		68780

Federal Special Revenue Fund Group

68781

334	876-601	Investigations	$	3,760,000	$	3,560,000	68782
TOTAL FED Federal Special Revenue							68783
Fund Group			$	3,760,000	$	3,560,000	68784

State Special Revenue Fund Group

68785

217	876-604	Operations Support	$	50,951	$	50,951	68786
TOTAL SSR State Special							68787
Revenue Fund Group			$	50,951	$	50,951	68788
TOTAL ALL BUDGET FUND GROUPS			$	11,064,026	$	11,081,618	68789

Section 203.75. COM DEPARTMENT OF COMMERCE

68791

General Revenue Fund

68792

GRF	800-410		Labor and Worker Safety		$	2,086,477		$	2,032,397		68793
Total GRF General Revenue Fund					$	2,086,477		$	2,032,397		68794

General Services Fund Group

68795

163	800-620	Division of Administration	$	4,262,314	$	4,368,037	68796
163	800-637	Information Technology	$	2,733,853	$	2,785,045	68797
5F1	800-635	Small Government Fire Departments	$	250,000	$	250,000	68798
543	800-602	Unclaimed Funds-Operating	$	7,351,051	$	7,351,051	68799
543	800-625	Unclaimed Funds-Claims	$	52,000,000	$	55,000,000	68800
TOTAL GSF General Services Fund							68801
Group			$	66,597,218	$	69,754,133	68802

Federal Special Revenue Fund Group

68803

348	800-622	Underground Storage Tanks	$	195,008	$	195,008	68804
348	800-624	Leaking Underground Storage Tanks	$	1,850,000	$	1,850,000	68805
TOTAL FED Federal Special Revenue							68806
Fund Group			$	2,045,008	$	2,045,008	68807

State Special Revenue Fund Group

68808

4B2	800-631	Real Estate Appraisal Recovery	$	35,000	$	35,000	68809
4H9	800-608	Cemeteries	$	273,465	$	273,465	68810
4X2	800-619	Financial Institutions	$	2,200,843	$	2,200,843	68811
5K7	800-621	Penalty Enforcement	$	50,000	$	50,000	68812
544	800-612	Banks	$	6,757,197	$	6,759,197	68813
545	800-613	Savings Institutions	$	2,678,248	$	2,669,774	68814
546	800-610	Fire Marshal	$	12,187,994	$	12,292,994	68815
546	800-639	Fire Department Grants	$	1,647,140	$	1,647,140	68816
547	800-603	Real Estate Education/Research	$	250,000	$	250,000	68817
548	800-611	Real Estate Recovery	$	50,000	$	50,000	68818
549	800-614	Real Estate	$	3,605,892	$	3,605,892	68819
550	800-617	Securities	$	4,300,000	$	4,400,000	68820
552	800-604	Credit Union	$	2,936,852	$	2,941,852	68821
553	800-607	Consumer Finance	$	4,300,445	$	4,300,445	68822
556	800-615	Industrial Compliance	$	25,037,257	$	25,037,257	68823
6A4	800-630	Real Estate Appraiser-Operating	$	664,006	$	664,006	68824
653	800-629	UST Registration/Permit Fee	$	1,249,632	$	1,249,632	68825
TOTAL SSR State Special Revenue							68826
Fund Group			$	68,223,971	$	68,427,497	68827

Liquor Control Fund Group

68828

043	800-601	Merchandising	$	382,595,409	$	397,839,347	68829
043	800-627	Liquor Control Operating	$	16,873,183	$	15,981,346	68830
043	800-633	Development Assistance Debt Service	$	32,158,300	$	39,230,000	68831
043	800-636	Revitalization Debt Service	$	9,740,500	$	13,485,800	68832
TOTAL LCF Liquor Control							68833
Fund Group			$	441,367,392	$	466,536,493	68834
TOTAL ALL BUDGET FUND GROUPS			$	580,320,066	$	608,795,528	68835

SMALL GOVERNMENT FIRE DEPARTMENTS

68836

Notwithstanding section 3737.17 of the Revised Code, the	68837
foregoing appropriation item 800-635, Small Government Fire	68838
Departments, may be used to provide loans to private fire	68839
departments.	68840

PENALTY ENFORCEMENT

68841

The foregoing appropriation item 800-621, Penalty	68842
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	68843
of the Revised Code.	68844

UNCLAIMED FUNDS PAYMENTS

68845

The foregoing appropriation item 800-625, Unclaimed	68846
Funds-Claims, shall be used to pay claims under section 169.08 of	68847
the Revised Code. If it is determined that additional amounts are	68848
necessary, the amounts are hereby appropriated.	68849

UNCLAIMED FUNDS TRANSFERS

68850

Notwithstanding division (A) of section 169.05 of the Revised	68851
Code, prior to June 30, 2006, and upon the request of the Director	68852
of Budget and Management, the Director of Commerce shall transfer	68853
to the General Revenue Fund up to $50,000,000 of unclaimed funds	68854
that have been reported by holders of unclaimed funds under	68855
section 169.05 of the Revised Code, irrespective of the allocation	68856
of the unclaimed funds under that section.	68857

Notwithstanding division (A) of section 169.05 of the Revised	68858
Code, prior to June 30, 2007, and upon the request of the Director	68859
of Budget and Management, the Director of Commerce shall transfer	68860
to the General Revenue Fund up to $50,000,000 of unclaimed funds	68861
that have been reported by holders of unclaimed funds under	68862
section 169.05 of the Revised Code, irrespective of the allocation	68863
of the unclaimed funds under that section.	68864

CASH TRANSFER TO STATE FIRE MARSHAL FUND (FUND 546)

68865

Effective July 1, 2005, or as soon thereafter as possible,	68866
the Director of Budget and Management shall transfer the cash	68867
balance in the Fire Marshal's Fireworks Training and Education	68868
Fund (Fund 4L5), which is abolished in division (B) of section	68869
3743.57 of the Revised Code as amended by this act, to the State	68870
Fire Marshal's Fund (Fund 546), which is created in section	68871
3737.71 of the Revised Code. The director shall cancel any	68872
existing encumbrances against appropriation item 800-609,	68873
Fireworks Training and Education, in Fund 4L5, and re-establish	68874
them against appropriation item 800-610, Fire Marshal, in Fund	68875
546. The amounts of the re-established encumbrances are hereby	68876
appropriated.	68877

CASH TRANSFER TO BUDGET STABILIZATION FUND

68878

Notwithstanding any other law to the contrary, the Director	68879
of Budget and Management shall transfer up to $1,700,000 in cash	68880
in fiscal year 2006 and up to $1,600,000 in cash in fiscal year	68881
2007 from the State Fire Marshal Fund (Fund 546) to the Budget	68882
Stabilization Fund.	68883

FIRE DEPARTMENT GRANTS

68884

Of the foregoing appropriation item 800-639, Fire Department	68885
Grants, up to $760,000 in each fiscal year shall be used to make	68886
annual grants to volunteer fire departments of up to $10,000, or	68887
up to $25,000 if the volunteer fire department provides service	68888
for an area affected by a natural disaster. The grant program	68889
shall be administered by the Fire Marshal under the Department of	68890
Commerce. The Fire Marshal shall adopt rules as are necessary for	68891
the administration and operation of the grant program.	68892

Of the foregoing appropriation item 800-639, Fire Department	68893
Grants, up to $687,140 in each fiscal year shall be used as full	68894
or partial reimbursement to local units of government and fire	68895
departments for the cost of firefighter training and equipment or	68896
gear. Under rules that the department shall adopt, a local unit of	68897
government or fire department may apply to the department for a	68898
grant to cover all documented costs that are incurred to provide	68899
firefighter training and equipment or gear. The department shall	68900
make grants within the limits of the funding provided, with	68901
priority given to fire departments that serve small villages and	68902
townships.	68903

Of the foregoing appropriation item 800-639, Fire Department	68904
Grants, up to $200,000 in each fiscal year shall be used to make	68905
grants to fire departments to assist in the conversion of existing	68906
data systems to the NFIRS 5 electronic fire reporting system.	68907
Under rules that the department shall adopt, awards shall have a	68908
maximum of $50,000 per fire department and shall be based on a	68909
point system that includes factors such as consideration of the	68910
fire department's information technology and operating budgets,	68911
population and area served, number of incidents, data conversion	68912
and implementation methods, and readiness.	68913

CASH TRANSFER TO REAL ESTATE OPERATING FUND

68914

At the request of the Director of Commerce, the Director of	68915
Budget and Management may transfer up to $100,000 in cash from the	68916
Real Estate Recovery Fund (Fund 548) and up to $350,000 in cash	68917
from the Real Estate Appraiser Recovery Fund (Fund 4B2) to the	68918
Real Estate Operating Fund (Fund 549) during the 2005-2007	68919
biennium.	68920

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

68921

The foregoing appropriation item 800-601, Merchandising,	68922
shall be used under section 4301.12 of the Revised Code. If it is	68923
determined that additional amounts are necessary, the amounts are	68924
hereby appropriated.	68925

DEVELOPMENT ASSISTANCE DEBT SERVICE

68926

The foregoing appropriation item 800-633, Development	68927
Assistance Debt Service, shall be used to meet all payments at the	68928
times they are required to be made during the period from July 1,	68929
2005, to June 30, 2007, for bond service charges on obligations	68930
issued under Chapter 166. of the Revised Code. If it is determined	68931
that additional appropriations are necessary for this purpose,	68932
such amounts are hereby appropriated, subject to the limitations	68933
set forth in section 166.11 of the Revised Code. The General	68934
Assembly acknowledges that an appropriation for this purpose is	68935
not required, but is made in this form and in this act for record	68936
purposes only.	68937

REVITALIZATION DEBT SERVICE

68938

The foregoing appropriation item 800-636, Revitalization Debt	68939
Service, shall be used to pay debt service and related financing	68940
costs under sections 151.01 and 151.40 of the Revised Code during	68941
the period from July 1, 2005, to June 30, 2007. If it is	68942
determined that additional appropriations are necessary for this	68943
purpose, such amounts are hereby appropriated. The General	68944
Assembly acknowledges the priority of the pledge of a portion of	68945
receipts from that source to obligations issued and to be issued	68946
under Chapter 166. of the Revised Code.	68947

ADMINISTRATIVE ASSESSMENTS

68948

Notwithstanding any other provision of law to the contrary,	68949
Fund 163, Division of Administration, is entitled to receive	68950
assessments from all operating funds of the department in	68951
accordance with procedures prescribed by the Director of Commerce	68952
and approved by the Director of Budget and Management.	68953

Section 203.78. OCC OFFICE OF CONSUMERS' COUNSEL

68954

General Services Fund Group

68955

5F5	053-601	Operating Expenses	$	7,770,000	$	7,770,000	68956
TOTAL GSF General Services Fund Group			$	7,770,000	$	7,770,000	68957
TOTAL ALL BUDGET FUND GROUPS			$	7,770,000	$	7,770,000	68958

Section 203.81. CEB CONTROLLING BOARD

68960

General Revenue Fund

68961

GRF	911-401	Emergency Purposes/Contingencies	$	12,150,000	$	7,000,000	68962
GRF	911-404	Mandate Assistance	$	650,000	$	650,000	68963
GRF	911-417	Educational Technology Fund	$	27,942,693	$	27,942,693	68964
GRF	911-441	Ballot Advertising Costs	$	300,000	$	300,000	68965
TOTAL GRF General Revenue Fund			$	41,042,693	$	35,892,693	68966

General Services Fund Group

68967

4F3	911-603	Affiliate Services	$	2,000,000	$	2,000,000	68968
4T2	911-604	Government Television/Telecommunication Operating	$	150,000	$	150,000	68969
5D4	911-605	Conference/Special Purpose Expenses	$	1,350,000	$	1,350,000	68970
TOTAL GSF General Services Fund Group			$	3,500,000	$	3,500,000	68971

Federal Special Revenue Fund Group

68972

3S3	911-610		Technology Literacy Challenge		$	589,363		$	589,363		68973
TOTAL FED Federal Special Revenue Fund Group					$	589,363		$	589,363		68974

State Special Revenue Fund Group

68975

4W9	911-607	Ohio Telecommunity Fund	$	50,000	$	25,000	68976
4X1	911-608	Distance Learning	$	250,000	$	100,000	68977
5T3	911-609	Gates Foundation Grants	$	600,000	$	200,000	68978
TOTAL SSR State Special							68979
Revenue Fund Group			$	900,000	$	325,000	68980
TOTAL ALL BUDGET FUND GROUPS			$	46,032,056	$	40,307,056	68981

FEDERAL SHARE

68982

In transferring appropriations to or from appropriation items	68983
that have federal shares identified in this act, the Controlling	68984
Board shall add or subtract corresponding amounts of federal	68985
matching funds at the percentages indicated by the state and	68986
federal division of the appropriations in this act. Such changes	68987
are hereby appropriated.	68988

DISASTER ASSISTANCE

68989

Pursuant to requests submitted by the Department of Public	68990
Safety, the Controlling Board may approve transfers from	68991
appropriation item 911-401, Emergency Purposes/Contingencies, to	68992
Department of Public Safety appropriation items to provide funding	68993
for assistance to political subdivisions and individuals made	68994
necessary by natural disasters or emergencies. Such transfers may	68995
be requested and approved prior to or following the occurrence of	68996
any specific natural disasters or emergencies in order to	68997
facilitate the provision of timely assistance.	68998

SOUTHERN OHIO CORRECTIONAL FACILITY COST

68999

The Division of Criminal Justice Services in the Department	69000
of Public Safety and the Public Defender Commission may each	69001
request, upon approval of the Director of Budget and Management,	69002
additional funds from appropriation item 911-401, Emergency	69003
Purposes/Contingencies, for costs related to the disturbance that	69004
occurred on April 11, 1993, at the Southern Ohio Correctional	69005
Facility in Lucasville, Ohio.	69006

MANDATE ASSISTANCE

69007

(A) The foregoing appropriation item 911-404, Mandate	69008
Assistance, shall be used to provide financial assistance to local	69009
units of government and school districts for the cost of the	69010
following two unfunded state mandates:	69011

(1) The cost to county prosecutors for prosecuting certain	69012
felonies that occur on the grounds of state institutions operated	69013
by the Department of Rehabilitation and Correction and the	69014
Department of Youth Services;	69015

(2) The cost to school districts of in-service training for	69016
child abuse detection.	69017

(B) The Division of Criminal Justice Services in the	69018
Department of Public Safety and the Department of Education may	69019
prepare and submit to the Controlling Board one or more requests	69020
to transfer appropriations from appropriation item 911-404,	69021
Mandate Assistance. The state agencies charged with this	69022
administrative responsibility are listed below, as well as the	69023
estimated annual amounts that may be used for each program of	69024
state financial assistance.	69025

		ADMINISTERING		ESTIMATED ANNUAL		69026
PROGRAM		AGENCY		AMOUNT		69027

Prosecution Costs	Division of Criminal	$150,000	69028
	Justice Services		69029
Child Abuse Detection Training Costs	Department of Education	$500,000	69030

(C) Subject to the total amount appropriated in each fiscal	69031
year for appropriation item 911-404, Mandate Assistance, the	69032
Division of Criminal Justice Services in the Department of Public	69033
Safety and the Department of Education may request from the	69034
Controlling Board that amounts smaller or larger than these	69035
estimated annual amounts be transferred to each program.	69036

(D) In addition to making the initial transfers requested by	69037
the Division of Criminal Justice Services in the Department of	69038
Public Safety and the Department of Education, the Controlling	69039
Board may transfer appropriations received by a state agency under	69040
this section back to appropriation item 911-404, Mandate	69041
Assistance, or to the other program of state financial assistance	69042
identified under this section.	69043

(E) It is expected that not all costs incurred by local units	69044
of government and school districts under each of the two programs	69045
of state financial assistance identified in this section will be	69046
fully reimbursed by the state. Reimbursement levels may vary by	69047
program and shall be based on: the relationship between the	69048
appropriation transfers requested by the Division of Criminal	69049
Justice Services in the Department of Public Safety and the	69050
Department of Education and provided by the Controlling Board for	69051
each of the programs; the rules and procedures established for	69052
each program by the administering state agency; and the actual	69053
costs incurred by local units of government and school districts.	69054

(F) Each of these programs of state financial assistance	69055
shall be carried out as follows:	69056

(1) PROSECUTION COSTS

69057

(a) Appropriations may be transferred to the Division of	69058
Criminal Justice Services in the Department of Public Safety to	69059
cover local prosecution costs for aggravated murder, murder,	69060
felonies of the first degree, and felonies of the second degree	69061
that occur on the grounds of institutions operated by the	69062
Department of Rehabilitation and Correction and the Department of	69063
Youth Services.	69064

(b) Upon a delinquency filing in juvenile court or the return	69065
of an indictment for aggravated murder, murder, or any felony of	69066
the first or second degree that was committed at a Department of	69067
Youth Services or a Department of Rehabilitation and Correction	69068
institution, the affected county may, in accordance with rules	69069
that the Division of Criminal Justice Services in the Department	69070
of Public Safety shall adopt, apply to the Division of Criminal	69071
Justice Services for a grant to cover all documented costs that	69072
are incurred by the county prosecutor's office.	69073

(c) Twice each year, the Division of Criminal Justice	69074
Services in the Department of Public Safety shall designate	69075
counties to receive grants from those counties that have submitted	69076
one or more applications in compliance with the rules that have	69077
been adopted by the Division of Criminal Justice Services for the	69078
receipt of such grants. In each year's first round of grant	69079
awards, if sufficient appropriations have been made, up to a total	69080
of $100,000 may be awarded. In each year's second round of grant	69081
awards, the remaining appropriations available for this purpose	69082
may be awarded.	69083

(d) If for a given round of grants there are insufficient	69084
appropriations to make grant awards to all the eligible counties,	69085
the first priority shall be given to counties with cases involving	69086
aggravated murder and murder; second priority shall be given to	69087
counties with cases involving a felony of the first degree; and	69088
third priority shall be given to counties with cases involving a	69089
felony of the second degree. Within these priorities, the grant	69090
awards shall be based on the order in which the applications were	69091
received, except that applications for cases involving a felony of	69092
the first or second degree shall not be considered in more than	69093
two consecutive rounds of grant awards.	69094

(2) CHILD ABUSE DETECTION TRAINING COSTS

69095

Appropriations may be transferred to the Department of	69096
Education for disbursement to local school districts as full or	69097
partial reimbursement for the cost of providing in-service	69098
training for child abuse detection. In accordance with rules that	69099
the department shall adopt, a local school district may apply to	69100
the department for a grant to cover all documented costs that are	69101
incurred to provide in-service training for child abuse detection.	69102
The department shall make grants within the limits of the funding	69103
provided.	69104

(G) Any moneys allocated within appropriation item 911-404,	69105
Mandate Assistance, not fully utilized may, upon application of	69106
the Ohio Public Defender Commission, and with the approval of the	69107
Controlling Board, be disbursed to boards of county commissioners	69108
to provide additional reimbursement for the costs incurred by	69109
counties in providing defense to indigent defendants pursuant to	69110
Chapter 120. of the Revised Code. Application for the unutilized	69111
funds shall be made by the Ohio Public Defender Commission at the	69112
first June meeting of the Controlling Board.	69113

The amount to be disbursed to each county shall be allocated	69114
proportionately on the basis of the total amount of reimbursement	69115
paid to each county as a percentage of the amount of reimbursement	69116
paid to all of the counties during the most recent state fiscal	69117
year for which data is available and as calculated by the Ohio	69118
Public Defender Commission.	69119

RADIO READING SERVICES

69120

Of the foregoing appropriation item 911-417, Educational	69121
Technology Fund, $45,000 in each fiscal year shall be used for a	69122
competitive grant for dial-up newspaper reading services for the	69123
blind and physically handicapped.	69124

BALLOT ADVERTISING COSTS

69125

Pursuant to requests submitted by the Ohio Ballot Board, the	69126
Controlling Board shall approve transfers from the foregoing	69127
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	69128
Ballot Board appropriation item in order to reimburse county	69129
boards of elections for the cost of public notices associated with	69130
statewide ballot initiatives.	69131

Section 203.84. COS STATE BOARD OF COSMETOLOGY

69132

General Services Fund Group

69133

4K9	879-609	Operating Expenses	$	2,929,630	$	0	69134
TOTAL GSF General Services Fund							69135
Group			$	2,929,630	$	0	69136
TOTAL ALL BUDGET FUND GROUPS			$	2,929,630	$	0	69137

Section 203.87. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	69139
AND FAMILY THERAPIST BOARD	69140

General Services Fund Group

69141

4K9	899-609	Operating Expenses	$	1,058,445	$	0	69142
TOTAL GSF General Services Fund							69143
Group			$	1,058,445	$	0	69144
TOTAL ALL BUDGET FUND GROUPS			$	1,058,445	$	0	69145

Section 203.90. CLA COURT OF CLAIMS

69147

General Revenue Fund

69148

GRF	015-321		Operating Expenses		$	2,598,040		$	2,678,331		69149
TOTAL GRF General Revenue Fund					$	2,598,040		$	2,678,331		69150

State Special Revenue Fund Group

69151

5K2	015-603	CLA Victims of Crime	$	1,582,684	$	1,582,684	69152
TOTAL SSR State Special Revenue							69153
Fund Group			$	1,582,684	$	1,582,684	69154
TOTAL ALL BUDGET FUND GROUPS			$	4,180,724	$	4,261,015	69155

Section 203.93. DEN STATE DENTAL BOARD

69157

General Services Fund Group

69158

4K9	880-609	Operating Expenses	$	1,424,791	$	1,424,791	69159
TOTAL GSF General Services Fund							69160
Group			$	1,424,791	$	1,424,791	69161
TOTAL ALL BUDGET FUND GROUPS			$	1,424,791	$	1,424,791	69162

Section 203.96. BDP BOARD OF DEPOSIT

69164

General Services Fund Group

69165

4M2	974-601	Board of Deposit	$	1,676,000	$	1,676,000	69166
TOTAL GSF General Services Fund							69167
Group			$	1,676,000	$	1,676,000	69168
TOTAL ALL BUDGET FUND GROUPS			$	1,676,000	$	1,676,000	69169

BOARD OF DEPOSIT EXPENSE FUND

69170

Upon receiving certification of expenses from the Treasurer	69171
of State, the Director of Budget and Management shall transfer	69172
cash from the Investment Earnings Redistribution Fund (Fund 608)	69173
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	69174
shall be used to pay for banking charges and fees required for the	69175
operation of the State of Ohio Regular Account.	69176

Section 203.99. DEV DEPARTMENT OF DEVELOPMENT

69177

General Revenue Fund

69178

GRF	195-321	Operating Expenses	$	2,688,908	$	2,688,908	69179
GRF	195-401	Thomas Edison Program	$	15,454,838	$	15,454,838	69180
GRF	195-404	Small Business Development	$	1,740,722	$	1,740,722	69181
GRF	195-405	Minority Business Development Division	$	1,580,291	$	1,580,291	69182
GRF	195-407	Travel and Tourism	$	6,812,845	$	6,712,845	69183
GRF	195-410	Defense Conversion Assistance	$	300,000	$	200,000	69184
GRF	195-412	Business Development Grants	$	11,750,000	$	11,750,000	69185
GRF	195-415	Economic Development Division and Regional Offices	$	5,794,975	$	5,894,975	69186
GRF	195-416	Governor's Office of Appalachia	$	4,122,372	$	4,122,372	69187
GRF	195-422	Third Frontier Action Fund	$	16,790,000	$	16,790,000	69188
GRF	195-426	Clean Ohio Implementation	$	300,000	$	300,000	69189
GRF	195-432	International Trade	$	4,223,787	$	4,223,787	69190
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,227,500	69191
GRF	195-436	Labor/Management Cooperation	$	811,869	$	811,869	69192
GRF	195-497	CDBG Operating Match	$	1,040,956	$	1,040,956	69193
GRF	195-498	State Match Energy	$	94,000	$	94,000	69194
GRF	195-501	Appalachian Local Development Districts	$	380,080	$	380,080	69195
GRF	195-502	Appalachian Regional Commission Dues	$	246,803	$	246,803	69196
GRF	195-507	Travel and Tourism Grants	$	875,000	$	725,000	69197
GRF	195-515	Economic Development Contingency	$	10,000,000	$	0	69198
GRF	195-905	Third Frontier Research & Commercialization General Obligation Debt Service	$	0	$	13,910,000	69199
TOTAL GRF General Revenue Fund			$	97,234,946	$	100,894,946	69200

General Services Fund Group

69201

135	195-605	Supportive Services	$	7,450,000	$	7,539,686	69202
685	195-636	General Reimbursements	$	1,000,000	$	1,000,000	69203
5AD	195-667	Investment in Training Expansion	$	5,000,000	$	5,000,000	69204
5AD	195-668	Worker Guarantee Program	$	3,000,000	$	3,000,000	69205
5AD	195-677	Economic Development Contingency	$	0	$	10,000,000	69206
TOTAL GSF General Services Fund							69207
Group			$	16,450,000	$	26,539,686	69208

Federal Special Revenue Fund Group

69209

3AE	195-643	Workforce Development Initiatives	$	5,800,000	$	5,800,000	69210
3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	69211
3K9	195-611	Home Energy Assistance Block Grant	$	90,500,000	$	90,500,000	69212
3K9	195-614	HEAP Weatherization	$	16,219,478	$	16,219,478	69213
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	69214
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	69215
308	195-602	Appalachian Regional Commission	$	600,660	$	600,660	69216
308	195-603	Housing and Urban Development	$	5,000,000	$	5,000,000	69217
308	195-605	Federal Projects	$	15,300,249	$	15,300,249	69218
308	195-609	Small Business Administration	$	4,296,381	$	4,296,381	69219
308	195-618	Energy Federal Grants	$	3,397,659	$	3,397,659	69220
335	195-610	Oil Overcharge	$	3,000,000	$	3,000,000	69221
TOTAL FED Federal Special Revenue							69222
Fund Group			$	274,349,427	$	274,349,427	69223

State Special Revenue Fund Group

69224

4F2	195-639	State Special Projects	$	290,183	$	290,183	69225
4F2	195-676	Promote Ohio	$	5,000,000	$	5,000,000	69226
4S0	195-630	Enterprise Zone Operating	$	275,000	$	275,000	69227
4S1	195-634	Job Creation Tax Credit Operating	$	375,800	$	375,800	69228
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	69229
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	69230
450	195-624	Minority Business Bonding Program Administration	$	53,967	$	53,967	69231
451	195-625	Economic Development Financing Operating	$	2,358,311	$	2,358,311	69232
5CA	195-678	Shovel Ready Sites	$	5,000,000	$	5,000,000	69233
5M4	195-659	Universal Service	$	210,000,000	$	210,000,000	69234
5M5	195-660	Energy Efficiency Loan and Grant	$	12,000,000	$	12,000,000	69235
5X1	195-651	Exempt Facility Inspection	$	25,000	$	25,000	69236
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	69237
617	195-654	Volume Cap Administration	$	200,000	$	200,000	69238
646	195-638	Low and Moderate Income Housing Trust Fund	$	46,000,000	$	48,000,000	69239
TOTAL SSR State Special Revenue							69240
Fund Group			$	284,698,346	$	286,698,346	69241

Facilities Establishment Fund Group

69242

009	195-664	Innovation Ohio	$	50,000,000	$	50,000,000	69243
010	195-665	Research and Development	$	50,000,000	$	50,000,000	69244
037	195-615	Facilities Establishment	$	63,931,149	$	63,931,149	69245
4Z6	195-647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	69246
5D2	195-650	Urban Redevelopment Loans	$	5,475,000	$	5,475,000	69247
5H1	195-652	Family Farm Loan Guarantee	$	1,000,000	$	1,000,000	69248
5S8	195-627	Rural Development Initiative	$	3,000,000	$	3,000,000	69249
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	69250
TOTAL 037 Facilities							69251
Establishment Fund Group			$	179,406,149	$	179,406,149	69252

Clean Ohio Revitalization Fund

69253

003	195-663		Clean Ohio Operating		$	350,000		$	350,000		69254
TOTAL 003 Clean Ohio Revitalization Fund					$	350,000		$	350,000		69255

TOTAL ALL BUDGET FUND GROUPS

852,488,868

868,238,554

69256

Section 203.99.03. THOMAS EDISON PROGRAM

69258

The foregoing appropriation item 195-401, Thomas Edison	69259
Program, shall be used for the purposes of sections 122.28 to	69260
122.38 of the Revised Code in order to provide funds for	69261
cooperative public and private efforts in technological innovation	69262
to promote the development and transfer of technology by and to	69263
Ohio businesses that will lead to the creation of jobs, and to	69264
provide for the administration of the program by the Technology	69265
Division.	69266

Of the foregoing appropriation item 195-401, Thomas Edison	69267
Program, not more than $2,000,000 in fiscal year 2006 and	69268
$2,300,000 in fiscal year 2007 shall be used for operating	69269
expenditures in administering the programs of the Technology	69270
Division.	69271

The Department of Development, in consultation with the Third	69272
Frontier Commission, shall develop a plan providing for	69273
appropriate, value-added participation of Edison Centers and	69274
Incubators in Third Frontier Project proposals and grants.	69275

The Department of Development shall work with Edison Centers	69276
and Incubators and the Third Frontier Network, when appropriate,	69277
to provide for Third Frontier Network connections to Edison	69278
Centers and Incubators and their tenants and, as appropriate,	69279
clients.	69280

Section 203.99.06. SMALL BUSINESS DEVELOPMENT

69281

The foregoing appropriation item 195-404, Small Business	69282
Development, shall be used to ensure that the unique needs and	69283
concerns of small businesses are addressed.	69284

The foregoing appropriation item 195-404, Small Business	69285
Development, may be used to provide grants to local organizations	69286
to support the operation of Small Business Development Centers and	69287
other local economic development activity promoting small	69288
business, and for the cost of administering the small business	69289
development center program. The centers shall provide technical,	69290
financial, and management consultation for small business and	69291
shall facilitate access to state and federal programs. These funds	69292
shall be used as matching funds for grants from the United States	69293
Small Business Administration and other federal agencies, pursuant	69294
to Public Law No. 96-302 (1980) as amended by Public Law No.	69295
98-395 (1984), and regulations and policy guidelines for the	69296
programs under this law.	69297

In addition, the Office of Small Business may operate the	69298
1st-Stop Business Connection and implement and coordinate the	69299
duties imposed on the Department of Development by Am. Sub. S.B.	69300
239 of the 115th General Assembly.	69301

MINORITY BUSINESS DEVELOPMENT DIVISION

69302

Of the foregoing appropriation item 195-405, Minority	69303
Business Development Division, up to $1,060,000 but not less than	69304
$954,000 in each fiscal year shall be used to fund minority	69305
contractors and business assistance organizations. The Minority	69306
Business Development Division shall determine which cities need	69307
minority contractors and business assistance organizations by	69308
utilizing United States Census Bureau data and zip codes to locate	69309
the highest concentrations of minority businesses. The Minority	69310
Business Development Division also shall determine the numbers of	69311
minority contractors and business assistance organizations	69312
necessary and the amount of funding to be provided each. In	69313
addition, the Minority Business Development Division shall	69314
continue to plan and implement business conferences.	69315

Section 203.99.09. BUSINESS DEVELOPMENT

69316

The foregoing appropriation item 195-412, Business	69317
Development Grants, shall be used as an incentive for attracting	69318
and retaining business opportunities for the state. Any such	69319
business opportunity, whether new, expanding, or relocating in	69320
Ohio, is eligible for funding. The project must create or retain a	69321
significant number of jobs for Ohioans. Grant awards may be	69322
considered only when (1) the project's viability hinges on an	69323
award of funds from appropriation item 195-412, Business	69324
Development Grants; (2) all other public or private sources of	69325
financing have been considered; or (3) the funds act as a catalyst	69326
for the infusion into the project of other financing sources.	69327

The department's primary goal shall be to award funds to	69328
political subdivisions of the state for off-site infrastructure	69329
improvements. In order to meet the particular needs of economic	69330
development in a region, the department may elect to award funds	69331
directly to a business for on-site infrastructure improvements.	69332
"Infrastructure improvements" mean improvements to water system	69333
facilities, sewer and sewage treatment facilities, electric or gas	69334
service facilities, fiber optic facilities, rail facilities, site	69335
preparation, and parking facilities. The Director of Development	69336
may recommend the funds be used in an alternative manner when	69337
considered appropriate to meet an extraordinary economic	69338
development opportunity or need.	69339

The foregoing appropriation item 195-412, Business	69340
Development Grants, may be expended only after the submission of a	69341
request to the Controlling Board by the Department of Development	69342
outlining the planned use of the funds, and the subsequent	69343
approval of the request by the Controlling Board.	69344

The foregoing appropriation item 195-412, Business	69345
Development Grants, may be used for, but is not limited to,	69346
construction, rehabilitation, and acquisition projects for rail	69347
freight assistance as requested by the Department of	69348
Transportation. The Director of Transportation shall submit the	69349
proposed projects to the Director of Development for an evaluation	69350
of potential economic benefit.	69351

Section 203.99.12. ECONOMIC DEVELOPMENT DIVISION AND REGIONAL	69352
OFFICES	69353

The foregoing appropriation item 195-415, Economic	69354
Development Division and Regional Offices, shall be used for the	69355
operating expenses of the Economic Development Division and the	69356
regional economic development offices and for grants for	69357
cooperative economic development ventures.	69358

Section 203.99.15. GOVERNOR'S OFFICE OF APPALACHIA

69359

The foregoing appropriation item 195-416, Governor's Office	69360
of Appalachia, shall be used for the administrative costs of	69361
planning and liaison activities for the Governor's Office of	69362
Appalachia. Funds not expended for planning and liaison activities	69363
may be expended for special project grants within the Appalachian	69364
Region.	69365

Of the foregoing appropriation item 195-416, Governor's	69366
Office of Appalachia, up to $250,000 each fiscal year shall be	69367
used to match federal funds from the Appalachian Regional	69368
Commission to provide job training to impact the Appalachian	69369
Region.	69370

Of the foregoing appropriation item 195-416, Governor's	69371
Office of Appalachia, up to $4,122,372 in each fiscal year shall	69372
be used in conjunction with other federal and state funds to	69373
provide financial assistance to projects in Ohio's Appalachian	69374
counties in order to further the goals of the Appalachian Regional	69375
Commission. The projects and project sponsors shall meet	69376
Appalachian Regional Commission eligibility requirements. Grants	69377
shall be administered by the Department of Development.	69378

Section 203.99.18. THIRD FRONTIER ACTION FUND

69379

The foregoing appropriation item 195-422, Third Frontier	69380
Action Fund, shall be used to make grants under sections 184.01	69381
and 184.02 of the Revised Code. Prior to the release of funds from	69382
appropriation item 195-422, Third Frontier Action Fund, each grant	69383
award shall be recommended for funding by the Third Frontier	69384
Commission and obtain approval from the Controlling Board.	69385

Of the foregoing appropriation item 195-422, Third Frontier	69386
Action Fund, not more than six per cent in each fiscal year shall	69387
be used for operating expenditures in administering the program.	69388

In addition to the six per cent for operating expenditures,	69389
an additional administrative amount, not to exceed $1,500,000	69390
within the biennium, shall be available for proposal evaluation,	69391
research and analyses, and marketing efforts considered necessary	69392
to receive and disseminate information about science and	69393
technology-related opportunities in the state.	69394

SCIENCE AND TECHNOLOGY COLLABORATION

69395

The Department of Development shall work in close	69396
collaboration with the Board of Regents, the Air Quality	69397
Development Authority, and the Third Frontier Commission in	69398
relation to appropriation items and programs referred to as	69399
Alignment Programs in the following paragraph, and other	69400
technology-related appropriations and programs in the Department	69401
of Development, Air Quality Development Authority, and the Board	69402
of Regents as these agencies may designate, to ensure	69403
implementation of a coherent state strategy with respect to	69404
science and technology.	69405

"Alignment Programs" means appropriation items 195-401,	69406
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	69407
Third Frontier Action Fund; 898-604, Coal Research and Development	69408
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	69409
Institute of Technology; 235-510, Ohio Supercomputer Center;	69410
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	69411
235-535, Ohio Agricultural Research and Development Center;	69412
235-553, Dayton Area Graduate Studies Institute; 235-554,	69413
Priorities in Collaborative Graduate Education; 235-556, Ohio	69414
Academic Resources Network; and 195-435, Biomedical Research and	69415
Technology Transfer Trust.	69416

Consistent with the recommendations of the Governor's	69417
Commission on Higher Education and the Economy, Alignment Programs	69418
shall be managed and administered in accordance with the following	69419
objectives: (1) to build on existing competitive research	69420
strengths; (2) to encourage new and emerging discoveries and	69421
commercialization of products and ideas that will benefit the Ohio	69422
economy; (3) and to assure improved collaboration among Alignment	69423
Programs with programs administered by the Third Frontier	69424
Commission and with other state programs that are intended to	69425
improve economic growth and job creation. As directed by the Third	69426
Frontier Commission, Alignment Program managers shall report to	69427
the Commission or the Third Frontier Advisory Board regarding the	69428
contributions of their programs to achieving these objectives.	69429

Each Alignment Program shall be reviewed annually by the	69430
Third Frontier Commission with respect to its development of	69431
complementary relationships within a combined state science and	69432
technology investment portfolio, and with respect to its overall	69433
contribution to the state's science and technology strategy,	69434
including the adoption of appropriately consistent criteria for:	69435
(1) the scientific merit of activities supported by the program;	69436
(2) the relevance of the program's activities to commercial	69437
opportunities in the private sector; (3) the private sector's	69438
involvement in a process that continually evaluates commercial	69439
opportunities to use the work supported by the program; and (4)	69440
the ability of the program and recipients of grant funding from	69441
the program to engage in activities that are collaborative,	69442
complementary, and efficient with respect to the expenditures of	69443
state funds. Each Alignment Program shall provide an annual report	69444
to the Third Frontier Commission that discusses existing, planned,	69445
or possible collaborations between programs and between recipients	69446
of grant funding related to technology, development,	69447
commercialization, and the support of Ohio's economic development.	69448
The annual review conducted by the Third Frontier Commission shall	69449
be a comprehensive review of the entire state science and	69450
technology program portfolio rather than a review of individual	69451
programs.	69452

Applicants for Third Frontier and Alignment Programs funding	69453
shall identify their requirements for high-performance computing	69454
facilities and services, including both hardware and software, in	69455
all proposals. If an applicant's requirements exceed approximately	69456
$100,000 for a proposal, the Ohio Supercomputer Center shall	69457
convene a panel of experts. The panel shall review the proposal to	69458
determine whether the proposal's requirements can be met through	69459
Ohio Supercomputer Center facilities or through other means and	69460
report such information to the Third Frontier Commission.	69461

To ensure that the state receives the maximum benefit from	69462
its investment in the Third Frontier Project and the Third	69463
Frontier Network, organizations receiving Third Frontier awards	69464
and Alignment Programs awards shall, as appropriate, be expected	69465
to have a connection to the Third Frontier Network that enables	69466
them and their collaborators to achieve award objectives through	69467
the Third Frontier Network.	69468

Section 203.99.21. INTERNATIONAL TRADE

69469

The foregoing appropriation item 195-432, International	69470
Trade, shall be used to operate and to maintain Ohio's	69471
out-of-state trade offices.	69472

The Director of Development may enter into contracts with	69473
foreign nationals to staff foreign offices. The contracts may be	69474
paid in local currency or United States currency and shall be	69475
exempt from section 127.16 of the Revised Code. The director also	69476
may establish foreign currency accounts under section 122.05 of	69477
the Revised Code for the payment of expenses related to the	69478
operation and maintenance of the foreign trade offices.	69479

The foregoing appropriation item 195-432, International	69480
Trade, shall be used to fund the International Trade Division and	69481
to assist Ohio manufacturers and agricultural producers in	69482
exporting to foreign countries in conjunction with the Department	69483
of Agriculture.	69484

Of the foregoing appropriation item 195-432, International	69485
Trade, up to $35,000 may be used to purchase gifts for	69486
representatives of foreign governments or dignitaries of foreign	69487
countries.	69488

Section 203.99.24. OHIO INVESTMENT IN TRAINING PROGRAM

69489

The foregoing appropriation items 195-434, Investment in	69490
Training Grants, and 195-667, Investment in Training Expansion,	69491
shall be used to promote training through grants for the	69492
reimbursement of eligible training expenses.	69493

Section 203.99.27. CDBG OPERATING MATCH

69494

The foregoing appropriation item 195-497, CDBG Operating	69495
Match, shall be used to provide matching funds as requested by the	69496
United States Department of Housing and Urban Development to	69497
administer the federally funded Community Development Block Grant	69498
(CDBG) program.	69499

STATE OPERATING MATCH

69500

The foregoing appropriation item 195-498, State Match Energy,	69501
shall be used to provide matching funds as required by the United	69502
States Department of Energy to administer the federally funded	69503
State Energy Plan.	69504

Section 203.99.30. TRAVEL AND TOURISM GRANTS

69505

The foregoing appropriation item 195-507, Travel and Tourism	69506
Grants, shall be used to provide grants to local organizations to	69507
support various local travel and tourism events in Ohio.	69508

Of the foregoing appropriation item 195-507, Travel and	69509
Tourism Grants, $25,000 in fiscal year 2006 shall be used for the	69510
Lorain County Visitors Bureau.	69511

Of the foregoing appropriation item 195-507, Travel and	69512
Tourism Grants, $50,000 in each fiscal year shall be used for the	69513
Greene County Convention and Visitors Bureau.	69514

Of the foregoing appropriation item 195-507, Travel and	69515
Tourism Grants, $45,000 in each fiscal year shall be used for the	69516
Warren County Convention and Visitors Bureau.	69517

Of the foregoing appropriation item 195-507, Travel and	69518
Tourism Grants, $50,000 in each fiscal year shall be used for the	69519
Wright Dunbar Historical Site.	69520

Of the foregoing appropriation item 195-507, Travel and	69521
Tourism Grants, $40,000 in each fiscal year shall be used for the	69522
Cincinnati Film Commission and $40,000 in each fiscal year shall	69523
be used for the Cleveland Film Commission.	69524

Of the foregoing appropriation item 195-507, Travel and	69525
Tourism Grants, up to $500,000 in each fiscal year shall be used	69526
for grants to The International Center for the Preservation of	69527
Wild Animals.	69528

Of the foregoing appropriation item 195-507, Travel and	69529
Tourism Grants, $25,000 in fiscal year 2006 shall be used for the	69530
Ohio Buckeye Junior Hereford Association.	69531

Of the foregoing appropriation item 195-507, Travel and	69532
Tourism Grants, $100,000 in fiscal year 2006 shall be used for	69533
grants to the NCR U.S Open.	69534

Section 203.99.33. THIRD FRONTIER RESEARCH &	69535
COMMERCIALIZATION GENERAL OBLIGATION DEBT SERVICE	69536

The foregoing appropriation item 195-905, Third Frontier	69537
Research & Commercialization General Obligation Debt Service,	69538
shall be used to pay all debt service and related financing costs	69539
during the period from July 1, 2005, to June 30, 2007, on	69540
obligations to be issued for research and development purposes, as	69541
authorized by the Ohio Constitution and implementing statutes. The	69542
Office of the Sinking Fund or the Director of Budget and	69543
Management shall effectuate the required payments by intrastate	69544
transfer voucher.	69545

Section 203.99.36. SUPPORTIVE SERVICES

69546

The Director of Development may assess divisions of the	69547
department for the cost of central service operations. An	69548
assessment shall be based on a plan submitted to and approved by	69549
the Office of Budget and Management by August 1, 2005, and shall	69550
contain the characteristics of administrative ease and uniform	69551
application.	69552

A division's payments shall be credited to the Supportive	69553
Services Fund (Fund 135) using an intrastate transfer voucher.	69554

GENERAL REIMBURSEMENT

69555

The foregoing appropriation item 195-636, General	69556
Reimbursements, shall be used for conference and subscription fees	69557
and other reimbursable costs. Revenues to the General	69558
Reimbursement Fund (Fund 685) shall consist of fees and other	69559
moneys charged for conferences, subscriptions, and other	69560
administrative costs that are not central service costs.	69561

WORKER GUARANTEE PROGRAM

69562

The foregoing appropriation item 195-668, Worker Guarantee	69563
Program, shall be used for the Worker Guarantee Program.	69564

Benefited employers must create at least 100 high-paying,	69565
full-time jobs over a three-year period and must demonstrate prior	69566
to the commitment of state funds that the availability of those	69567
skilled workers is a major factor in the employer's decision to	69568
locate or expand in Ohio. Activities eligible for funding through	69569
the Worker Guarantee Program include job assessment services,	69570
screening and testing of potential employees, customized training	69571
activities, and any other training or related service determined	69572
by the Director.	69573

A local workforce development service provider may include,	69574
but is not limited to, a community college, technical or	69575
vocational school, one-stop center, or any other entity designated	69576
by the Director of Development to provide services under the	69577
program.	69578

State matching funds totaling one-third of a project's cost	69579
shall be provided for each approved project when an employer and	69580
any local workforce development service provider, in conjunction	69581
with the local community, contracts with the Department of	69582
Development to provide services under the program. The employer	69583
and the local community each shall provide matching funds totaling	69584
one-third of a project's cost, and each portion of the matching	69585
funds shall be equal to state funding, which also shall be	69586
one-third of a project's cost.	69587

The state shall count in-kind contributions when determining	69588
a contribution from entities associated with the local community.	69589

The Director of Development, under Chapter 119. of the	69590
Revised Code, shall adopt, and may amend or rescind, rules the	69591
Director finds necessary for the implementation and successful	69592
operation of the Worker Guarantee Program.	69593

Section 203.99.37. TRAINING SERVICES

69594

Of the foregoing appropriation item 195-605, Federal	69595
Projects, $400,000 in each fiscal year shall be used for grants to	69596
the Ohio Weatherization Training Center, administered by the	69597
Corporation for Ohio Appalachian Development, for training and	69598
technical assistance services.	69599

Section 203.99.39. HEAP WEATHERIZATION

69600

Fifteen per cent of the federal funds received by the state	69601
for the Home Energy Assistance Block Grant shall be deposited in	69602
appropriation item 195-614, HEAP Weatherization (Fund 3K9), and	69603
shall be used to provide home weatherization services in the	69604
state.	69605

Of the foregoing appropriation item 195-614, HEAP	69606
Weatherization, $200,000 in each fiscal year shall be used for	69607
grants to the Ohio Weatherization Training Center, administered by	69608
the Corporation for Ohio Appalachian Development, for training and	69609
technical assistance services.	69610

STATE SPECIAL PROJECTS

69611

The foregoing fund, Fund 4F2, State Special Projects, shall	69612
be used for the deposit of private-sector funds from utility	69613
companies and for the deposit of other miscellaneous state funds.	69614
Private-sector moneys shall be used to (1) pay the expenses of	69615
verifying the income-eligibility of HEAP applicants, (2) market	69616
economic development opportunities in the state, and (3) leverage	69617
additional federal funds. State funds shall be used to match	69618
federal housing grants for the homeless and to market economic	69619
development opportunities in the state.	69620

Section 203.99.42. MINORITY BUSINESS ENTERPRISE LOAN

69621

All repayments from the Minority Development Financing	69622
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	69623
Program shall be deposited in the State Treasury to the credit of	69624
the Minority Business Enterprise Loan Fund (Fund 4W1).	69625

All operating costs of administering the Minority Business	69626
Enterprise Loan Fund shall be paid from the Minority Business	69627
Enterprise Loan Fund (Fund 4WI).	69628

MINORITY BUSINESS BONDING FUND

69629

Notwithstanding Chapters 122., 169., and 175. of the Revised	69630
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	69631
General Assembly, the Director of Development may, upon the	69632
recommendation of the Minority Development Financing Advisory	69633
Board, pledge up to $10,000,000 in the FY 2006-2007 biennium of	69634
unclaimed funds administered by the Director of Commerce and	69635
allocated to the Minority Business Bonding Program under section	69636
169.05 of the Revised Code. The transfer of any cash by the	69637
Director of Budget and Management from the Department of	69638
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	69639
Development's Minority Business Bonding Fund (Fund 449) shall	69640
occur, if requested by the Director of Development, only if such	69641
funds are needed for payment of losses arising from the Minority	69642
Business Bonding Program, and only after proceeds of the initial	69643
transfer of $2,700,000 by the Controlling Board to the Minority	69644
Business Bonding Program has been used for that purpose. Moneys	69645
transferred by the Director of Budget and Management from the	69646
Department of Commerce for this purpose may be moneys in custodial	69647
funds held by the Treasurer of State. If expenditures are required	69648
for payment of losses arising from the Minority Business Bonding	69649
Program, such expenditures shall be made from appropriation item	69650
195-623, Minority Business Bonding Contingency in the Minority	69651
Business Bonding Fund, and such amounts are appropriated.	69652

Section 203.99.45. ECONOMIC DEVELOPMENT FINANCING OPERATING

69653

The foregoing appropriation item 195-625, Economic	69654
Development Financing Operating, shall be used for the operating	69655
expenses of financial assistance programs authorized under Chapter	69656
166. of the Revised Code and under sections 122.43 and 122.45 of	69657
the Revised Code.	69658

VOLUME CAP ADMINISTRATION

69659

The foregoing appropriation item 195-654, Volume Cap	69660
Administration, shall be used for expenses related to the	69661
administration of the Volume Cap Program. Revenues received by the	69662
Volume Cap Administration Fund (Fund 617) shall consist of	69663
application fees, forfeited deposits, and interest earned from the	69664
custodial account held by the Treasurer of State.	69665

UNIVERSAL SERVICE FUND

69666

The foregoing appropriation item 195-659, Universal Service,	69667
shall be used to provide payments to regulated electric utility	69668
companies for low-income customers enrolled in Percentage of	69669
Income Payment Plan (PIPP) electric accounts, to fund targeted	69670
energy efficiency and customer education services to PIPP	69671
customers, and to cover the department's administrative costs	69672
related to Universal Service Fund Programs.	69673

The foregoing appropriation item 195-678, Shovel Ready Sites,	69674
shall be used to administer the Shovel Ready Sites Program under	69675
section 122.083 of the Revised Code.	69676

ENERGY EFFICIENCY LOAN AND GRANT FUND

69677

The foregoing appropriation item 195-660, Energy Efficiency	69678
Loan and Grant, shall be used to provide financial assistance to	69679
customers for eligible energy efficiency projects for residential,	69680
commercial and industrial business, local government, educational	69681
institution, nonprofit, and agriculture customers, and to pay for	69682
the program's administrative costs as provided in the Revised Code	69683
and rules adopted by the Director of Development.	69684

GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS

69685

All payments received by the state pursuant to a series of	69686
settlements with ten brokerage firms reached with the United	69687
States Securities and Exchange Commission, the National	69688
Association of Securities Dealers, the New York Stock Exchange,	69689
the New York Attorney General, and other state regulators	69690
(henceforth referred to as the "Global Analysts Settlement	69691
Agreements"), shall be deposited into the state treasury to the	69692
credit of the Economic Development Contingency Fund (Fund 5Y6),	69693
which is hereby created in the state treasury. The fund shall be	69694
used by the Director of Development to support economic	69695
development projects for which appropriations would not otherwise	69696
be available, and shall be subject to the submission of a request	69697
to the Controlling Board by the Director outlining the planned use	69698
of the funds, and the subsequent approval of the request by the	69699
Controlling Board.	69700

Section 203.99.48. FACILITIES ESTABLISHMENT FUND

69701

The foregoing appropriation item 195-615, Facilities	69702
Establishment (Fund 037), shall be used for the purposes of the	69703
Facilities Establishment Fund under Chapter 166. of the Revised	69704
Code.	69705

Notwithstanding Chapter 166. of the Revised Code, up to	69706
$1,800,000 in cash each fiscal year may be transferred from the	69707
Facilities Establishment Fund (Fund 037) to the Economic	69708
Development Financing Operating Fund (Fund 451). The transfer is	69709
subject to Controlling Board approval under division (B) of	69710
section 166.03 of the Revised Code.	69711

Notwithstanding Chapter 166. of the Revised Code, up to	69712
$5,000,000 in cash each fiscal year may be transferred from the	69713
Facilities Establishment Fund (Fund 037) to the Shovel Ready Sites	69714
Fund (Fund 5CA). The transfer is subject to Controlling Board	69715
approval under division (B) of section 166.03 of the Revised Code.	69716

Notwithstanding Chapter 166. of the Revised Code, up to	69717
$10,950,000 in cash may be transferred during the biennium from	69718
the Facilities Establishment Fund (Fund 037) to the Urban	69719
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing	69720
barriers to urban core redevelopment. The Director of Development	69721
shall develop program guidelines for the transfer and release of	69722
funds, including, but not limited to, the completion of all	69723
appropriate environmental assessments before state assistance is	69724
committed to a project.	69725

Notwithstanding Chapter 166. of the Revised Code, up to	69726
$3,000,000 each fiscal year in cash may be transferred from the	69727
Facilities Establishment Fund (Fund 037) to the Rural Industrial	69728
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling	69729
Board approval under section 166.03 of the Revised Code.	69730

FAMILY FARM LOAN PROGRAM

69731

Notwithstanding Chapter 166. of the Revised Code, up to	69732
$1,000,000 in each fiscal year shall be transferred from moneys in	69733
the Facilities Establishment Fund (Fund 037) to the Family Farm	69734
Loan Guarantee Fund (Fund 5H1) in the Department of Development.	69735
The moneys shall be used for loan guarantees. The transfer is	69736
subject to Controlling Board approval.	69737

Financial assistance from the Family Farm Loan Guarantee Fund	69738
(Fund 5H1) shall be repaid to Fund 5H1. This fund is established	69739
under sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the	69740
Revised Code.	69741

When the Family Farm Loan Guarantee Fund (Fund 5H1) ceases to	69742
exist, all outstanding balances, all loan repayments, and any	69743
other outstanding obligations shall revert to the Facilities	69744
Establishment Fund (Fund 037).	69745

RURAL DEVELOPMENT INITIATIVE FUND

69746

(A)(1) The Rural Development Initiative Fund (Fund 5S8) is	69747
entitled to receive moneys from the Facilities Establishment Fund	69748
(Fund 037). The Director of Development may make grants from the	69749
Rural Development Initiative Fund as specified in division (A)(2)	69750
of this section to eligible applicants in Appalachian counties and	69751
in rural counties in the state that are designated as distressed	69752
under section 122.25 of the Revised Code. Preference shall be	69753
given to eligible applicants located in Appalachian counties	69754
designated as distressed by the federal Appalachian Regional	69755
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	69756
cease to exist after June 30, 2007. All moneys remaining in the	69757
Fund after that date shall revert to the Facilities Establishment	69758
Fund (Fund 037).	69759

(2) The Director of Development shall make grants from the	69760
Rural Development Initiative Fund (Fund 5S8) only to eligible	69761
applicants who also qualify for and receive funding under the	69762
Rural Industrial Park Loan Program as specified in sections 122.23	69763
to 122.27 of the Revised Code. Eligible applicants shall use the	69764
grants for the purposes specified in section 122.24 of the Revised	69765
Code. All projects supported by grants from the fund are subject	69766
to Chapter 4115. of the Revised Code as specified in division (E)	69767
of section 166.02 of the Revised Code. The Director shall develop	69768
program guidelines for the transfer and release of funds. The	69769
release of grant moneys to an eligible applicant is subject to	69770
Controlling Board approval.	69771

(B) Notwithstanding Chapter 166. of the Revised Code, the	69772
Director of Budget and Management may transfer up to $3,000,000	69773
each fiscal year in cash on an as needed basis at the request of	69774
the Director of Development from the Facilities Establishment Fund	69775
(Fund 037) to the Rural Development Initiative Fund (Fund 5S8).	69776
The transfer is subject to Controlling Board approval under	69777
section 166.03 of the Revised Code.	69778

CAPITAL ACCESS LOAN PROGRAM

69779

The foregoing appropriation item 195-628, Capital Access Loan	69780
Program, shall be used for operating, program, and administrative	69781
expenses of the program. Funds of the Capital Access Loan Program	69782
shall be used to assist participating financial institutions in	69783
making program loans to eligible businesses that face barriers in	69784
accessing working capital and obtaining fixed asset financing.	69785

Notwithstanding Chapter 166. of the Revised Code, the	69786
Director of Budget and Management may transfer up to $3,000,000	69787
each fiscal year in cash on an as needed basis at the request of	69788
the Director of Development from the Facilities Establishment Fund	69789
(Fund 037) to the Capital Access Loan Program Fund (Fund 5S9). The	69790
transfer is subject to Controlling Board approval under section	69791
166.03 of the Revised Code.	69792

INNOVATION OHIO LOAN FUND

69793

The foregoing appropriation item 195-664, Innovation Ohio,	69794
shall be used to provide for innovation Ohio purposes, including	69795
loan guarantees and loans under Chapter 166. and particularly	69796
sections 166.12 to 166.16 of the Revised Code.	69797

RESEARCH AND DEVELOPMENT

69798

The foregoing appropriation item 195-665, Research and	69799
Development, shall be used to provide for research and development	69800
purposes, including loans, under Chapter 166. and particularly	69801
sections 166.17 to 166.21 of the Revised Code.	69802

Section 203.99.51. CLEAN OHIO OPERATING EXPENSES

69803

The foregoing appropriation item 195-663, Clean Ohio	69804
Operating, shall be used by the Department of Development in	69805
administering sections 122.65 to 122.658 of the Revised Code.	69806

Section 203.99.54. UNCLAIMED FUNDS TRANSFER

69807

(A) Notwithstanding division (A) of section 169.05 of the	69808
Revised Code, upon the request of the Director of Budget and	69809
Management, the Director of Commerce, prior to June 30, 2006,	69810
shall transfer to the Job Development Initiatives Fund (Fund 5AD)	69811
up to $8,000,000 of the unclaimed funds that have been reported by	69812
the holders of unclaimed funds under section 169.05 of the Revised	69813
Code, regardless of the allocation of the unclaimed funds	69814
described under that section.	69815

Notwithstanding division (A) of section 169.05 of the Revised	69816
Code, upon the request of the Director of Budget and Management,	69817
the Director of Commerce, prior to June 30, 2007, shall transfer	69818
to the Job Development Initiatives Fund (Fund 5AD) up to	69819
$18,000,000 of the unclaimed funds that have been reported by the	69820
holders of unclaimed funds under section 169.05 of the Revised	69821
Code, regardless of the allocation of the unclaimed funds	69822
described under that section.	69823

(B) Notwithstanding division (A) of section 169.05 of the	69824
Revised Code, upon the request of the Director of Budget and	69825
Management, the Director of Commerce, prior to June 30, 2006,	69826
shall transfer to the State Special Projects Fund (Fund 4F2) up to	69827
$5,000,000 of the unclaimed funds that have been reported by the	69828
holders of unclaimed funds under section 169.05 of the Revised	69829
Code, regardless of the allocation of the unclaimed funds	69830
described under that section.	69831

Notwithstanding division (A) of section 169.05 of the Revised	69832
Code, upon the request of the Director of Budget and Management,	69833
the Director of Commerce, prior to June 30, 2007, shall transfer	69834
to the State Special Projects Fund (Fund 4F2) up to $5,000,000 of	69835
the unclaimed funds that have been reported by the holders of	69836
unclaimed funds under section 169.05 of the Revised Code,	69837
regardless of the allocation of the unclaimed funds described	69838
under that section.	69839

Section 206.03. OBD OHIO BOARD OF DIETETICS

69840

General Services Fund Group

69841

4K9	860-609	Operating Expenses	$	332,495	$	0	69842
TOTAL GSF General Services Fund							69843
Group			$	332,495	$	0	69844
TOTAL ALL BUDGET FUND GROUPS			$	332,495	$	0	69845

Section 206.06. CDR COMMISSION ON DISPUTE RESOLUTION AND	69847
CONFLICT MANAGEMENT	69848

General Revenue Fund

69849

GRF	145-401		Commission on Dispute Resolution/Management		$	470,000		$	470,000		69850
TOTAL GRF General Revenue Fund					$	470,000		$	470,000		69851

General Services Fund Group

69852

4B6	145-601		Gifts and Grants		$	140,000		$	140,000		69853
TOTAL GSF General Services Fund Group					$	140,000		$	140,000		69854

Federal Special Revenue Fund Group

69855

3S6	145-602	Dispute Resolution: Federal	$	140,000	$	140,000	69856
TOTAL FED Federal Special Revenue Fund Group			$	140,000	$	140,000	69857
TOTAL ALL BUDGET FUND GROUPS			$	750,000	$	750,000	69858

Section 206.09. EDU DEPARTMENT OF EDUCATION

69860

General Revenue Fund

69861

GRF	200-100	Personal Services	$	11,311,314	$	12,311,314	69862
GRF	200-320	Maintenance and Equipment	$	4,996,249	$	4,996,249	69863
GRF	200-408	Early Childhood Education	$	19,002,195	$	19,002,195	69864
GRF	200-410	Educator Training	$	23,423,057	$	23,923,057	69865
GRF	200-420	Computer/Application/ Network Development	$	5,361,525	$	5,361,525	69866
GRF	200-421	Alternative Education Programs	$	13,232,665	$	13,232,665	69867
GRF	200-422	School Management Assistance	$	2,683,208	$	2,710,572	69868
GRF	200-424	Policy Analysis	$	556,687	$	556,687	69869
GRF	200-425	Tech Prep Consortia Support	$	2,069,217	$	2,069,217	69870
GRF	200-426	Ohio Educational Computer Network	$	29,676,964	$	29,676,964	69871
GRF	200-427	Academic Standards	$	10,540,753	$	10,612,181	69872
GRF	200-431	School Improvement Initiatives	$	19,862,484	$	23,191,663	69873
GRF	200-433	Reading/Writing Improvement-Professional Development	$	15,550,000	$	15,550,000	69874
GRF	200-437	Student Assessment	$	54,445,234	$	60,011,935	69875
GRF	200-439	Accountability/Report Cards	$	3,878,850	$	6,457,290	69876
GRF	200-442	Child Care Licensing	$	1,302,495	$	1,302,495	69877
GRF	200-445	OhioReads Volunteer Support	$	3,905,000	$	3,905,000	69878
GRF	200-446	Education Management Information System	$	15,674,805	$	15,674,805	69879
GRF	200-447	GED Testing	$	1,544,360	$	1,544,360	69880
GRF	200-448	Educator Preparation	$	1,651,000	$	1,651,000	69881
GRF	200-455	Community Schools	$	2,942,094	$	2,942,094	69882
GRF	200-502	Pupil Transportation	$	412,330,728	$	420,577,343	69883
GRF	200-503	Bus Purchase Allowance	$	8,600,000	$	12,500,000	69884
GRF	200-505	School Lunch Match	$	8,998,025	$	8,998,025	69885
GRF	200-509	Adult Literacy Education	$	8,539,738	$	8,539,738	69886
GRF	200-511	Auxiliary Services	$	127,903,356	$	127,903,356	69887
GRF	200-514	Postsecondary Adult Career-Technical Education	$	19,481,875	$	19,481,875	69888
GRF	200-521	Gifted Pupil Program	$	46,910,068	$	47,157,293	69889
GRF	200-532	Nonpublic Administrative Cost Reimbursement	$	56,762,916	$	58,068,463	69890
GRF	200-540	Special Education Enhancements	$	133,894,606	$	135,155,125	69891
GRF	200-545	Career-Technical Education Enhancements	$	10,169,442	$	9,225,569	69892
GRF	200-550	Foundation Funding	$	5,582,820,663	$	5,692,271,366	69893
GRF	200-558	Emergency Loan Interest Subsidy	$	1,388,164	$	651,404	69894
GRF	200-566	Reading/Writing Improvement-Classroom Grants	$	12,062,336	$	12,062,336	69895
GRF	200-578	Safe and Supportive Schools	$	1,218,555	$	1,218,555	69896
GRF	200-901	Property Tax Allocation - Education	$	764,626,987	$	728,793,318	69897
GRF	200-906	Tangible Tax Exemption - Education	$	42,830,487	$	32,122,865	69898
TOTAL GRF General Revenue Fund			$	7,482,148,102	$	7,571,409,899	69899

General Services Fund Group

69900

138	200-606	Computer Services-Operational Support	$	7,600,091	$	7,600,091	69901
4D1	200-602	Ohio Prevention/Education Resource Center	$	832,000	$	832,000	69902
4L2	200-681	Teacher Certification and Licensure	$	5,497,158	$	5,628,332	69903
452	200-638	Miscellaneous Educational Services	$	400,000	$	400,000	69904
5H3	200-687	School District Solvency Assistance	$	18,000,000	$	18,000,000	69905
596	200-656	Ohio Career Information System	$	529,761	$	529,761	69906
TOTAL GSF General Services							69907
Fund Group			$	32,859,010	$	32,990,184	69908

Federal Special Revenue Fund Group

69909

3AF	200-603	Schools Medicaid Administrative Claims	$	1,000,000	$	1,000,000	69910
3C5	200-661	Early Childhood Education	$	23,874,338	$	23,874,338	69911
3D1	200-664	Drug Free Schools	$	13,347,966	$	13,347,966	69912
3D2	200-667	Honors Scholarship Program	$	5,812,903	$	5,833,965	69913
3H9	200-605	Head Start Collaboration Project	$	275,000	$	275,000	69914
3L6	200-617	Federal School Lunch	$	204,256,132	$	211,583,653	69915
3L7	200-618	Federal School Breakfast	$	46,382,851	$	48,405,608	69916
3L8	200-619	Child/Adult Food Programs	$	66,590,622	$	67,915,843	69917
3L9	200-621	Career-Technical Education Basic Grant	$	48,029,701	$	48,029,701	69918
3M0	200-623	ESEA Title 1A	$	440,260,178	$	461,026,070	69919
3M1	200-678	Innovative Education	$	11,800,000	$	11,800,000	69920
3M2	200-680	Individuals with Disabilities Education Act	$	513,058,569	$	605,581,547	69921
3S2	200-641	Education Technology	$	20,800,000	$	20,800,000	69922
3T4	200-613	Public Charter Schools	$	22,000,000	$	22,000,000	69923
3U2	200-662	Teacher Quality Enhancement Grants	$	795,280	$	795,280	69924
3Y2	200-688	21st Century Community Learning Centers	$	30,681,554	$	30,681,554	69925
3Y4	200-632	Reading First	$	31,215,798	$	31,215,798	69926
3Y6	200-635	Improving Teacher Quality	$	107,000,000	$	107,000,000	69927
3Y7	200-689	English Language Acquisition	$	8,500,000	$	9,000,000	69928
3Y8	200-639	Rural and Low Income	$	1,700,000	$	1,700,000	69929
3Z2	200-690	State Assessments	$	12,681,031	$	12,883,799	69930
3Z3	200-645	Consolidated USDE Administration	$	9,200,000	$	9,200,000	69931
309	200-601	Educationally Disadvantaged	$	19,658,846	$	19,658,846	69932
366	200-604	Adult Basic Education	$	18,500,000	$	18,500,000	69933
367	200-607	School Food Services	$	11,383,637	$	11,666,732	69934
368	200-614	Veterans' Training	$	672,961	$	691,130	69935
369	200-616	Career-Technical Education Federal Enhancement	$	6,500,000	$	6,500,000	69936
370	200-624	Education of Exceptional Children	$	2,386,610	$	2,386,610	69937
371	200-631	Immigrant Education Opportunities	$	400,000	$	400,000	69938
374	200-647	Troops to Teachers	$	400,000	$	400,000	69939
378	200-660	Math/Science Technology Investments	$	1,200,000	$	1,200,000	69940
TOTAL FED Federal Special							69941
Revenue Fund Group			$	1,680,363,977	$	1,805,353,440	69942

State Special Revenue Fund Group

69943

4R7	200-695	Indirect Operational Support	$	5,382,864	$	5,449,748	69944
4V7	200-633	Interagency Operational Support	$	500,000	$	500,000	69945
454	200-610	Guidance and Testing	$	400,000	$	400,000	69946
455	200-608	Commodity Foods	$	24,000,000	$	24,000,000	69947
5BB	200-696	State Action for Education Leadership	$	1,200,000	$	1,200,000	69948
5BJ	200-626	Half-Mill Maintenance Equalization	$	0	$	10,700,000	69949
5U2	200-685	National Education Statistics	$	300,000	$	300,000	69950
5W2	200-663	Early Learning Initiative	$	96,580,000	$	115,456,000	69951
598	200-659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	69952
620	200-615	Educational Improvement Grants	$	1,000,000	$	1,000,000	69953
TOTAL SSR State Special Revenue							69954
Fund Group			$	130,691,774	$	160,334,658	69955

Lottery Profits Education Fund Group

69956

017	200-612	Foundation Funding	$	606,208,300	$	606,296,800	69957
017	200-682	Lease Rental Payment Reimbursement	$	31,691,700	$	31,603,200	69958
TOTAL LPE Lottery Profits							69959
Education Fund Group			$	637,900,000	$	637,900,000	69960

Revenue Distribution Fund Group

69961

047	200-900	School District Property Tax Replacement-Business	$	38,810,000	$	291,010,000	69962
053	200-900	School District Property Tax Replacement-Utility	$	116,647,522	$	101,647,522	69963
TOTAL RDF Revenue Distribution							69964
Fund Group			$	155,457,522	$	392,657,522	69965
TOTAL ALL BUDGET FUND GROUPS			$	10,119,420,385	$	10,600,645,703	69966

Section 206.09.03. PERSONAL SERVICES

69968

Of the foregoing appropriation item 200-100, Personal	69969
Services, $1,581,181 in each fiscal year shall be used by the	69970
Department of Education to provide vocational administration	69971
matching funds under 20 U.S.C. 2311.	69972

Of the foregoing appropriation item 200-100, Personal	69973
Services, up to $1,000,000 in fiscal year 2007 may be used by the	69974
Department of Education to administer the Educational Choice	69975
Scholarship Program established under section 3310.02 of the	69976
Revised Code.	69977

Of the foregoing appropriation item 200-100, Personal	69978
Services, up to $65,000 in each fiscal year shall be provided to	69979
Southern State Community College for the Pilot Post-Secondary	69980
Enrollment Options Program with Miami Trace High School.	69981

MAINTENANCE AND EQUIPMENT

69982

Of the foregoing appropriation item 200-320, Maintenance and	69983
Equipment, up to $25,000 may be expended in each fiscal year for	69984
State Board of Education out-of-state travel.	69985

Of the foregoing appropriation item 200-320, Maintenance and	69986
Equipment, $652,014 in each fiscal year shall be used by the	69987
Department of Education to provide vocational administration	69988
matching funds under 20 U.S.C. 2311.	69989

Section 206.09.06. EARLY CHILDHOOD EDUCATION

69990

The Department of Education shall distribute the foregoing	69991
appropriation item 200-408, Early Childhood Education, to pay the	69992
costs of comprehensive early childhood education programs. As used	69993
in this section, "provider" means a city, local, exempted village,	69994
or joint vocational school district, an educational service	69995
center, or any community-based entity licensed under sections	69996
3301.52 to 3301.59 or Chapter 5104. of the Revised Code with	69997
experience educating children.	69998

(A) In each fiscal year, up to two per cent of the total	69999
appropriation may be used by the Department for program support	70000
and technical assistance. The Department shall distribute the	70001
remainder of the appropriation in each fiscal year to serve	70002
children from families earning not more than 200 per cent of the	70003
federal poverty guidelines.	70004

(B) The Department shall provide an annual report to the	70005
Governor, the Speaker of the House of Representatives, and the	70006
President of the Senate and post the report to the Department's	70007
web site, regarding early childhood education programs operated	70008
under this section and the early learning program guidelines for	70009
school readiness.	70010

(C) For purposes of this section, "eligible child" means a	70011
child who is at least three years of age, is not of the age to be	70012
eligible for kindergarten, and whose family earns not more than	70013
200 per cent of the federal poverty guidelines.	70014

(D) After setting aside the amounts to make payments due from	70015
the previous fiscal year, in fiscal year 2006, the Department	70016
shall distribute funds first to recipients of funds for public	70017
preschool programs under Section 41.02 of Am. Sub. H.B. 95 of the	70018
125th General Assembly in the previous fiscal year and the balance	70019
to new providers of early childhood education programs under this	70020
section. After setting aside the amounts to make payments due from	70021
the previous fiscal year, in fiscal year 2007, the Department	70022
shall distribute funds first to providers of early childhood	70023
education programs under this section in the previous fiscal year	70024
and the balance to new providers. Awards under this section shall	70025
be distributed on a per-pupil basis, which the Department may	70026
adjust so that the per-pupil amount multiplied by the number of	70027
eligible children enrolled and receiving services, as defined by	70028
the Department, reported on the first day of December or the first	70029
business day following that date equals the amount allocated under	70030
division (A) of this section. The Department may increase the	70031
per-pupil amount by a reasonable percentage for inflation, to be	70032
determined by the Department.	70033

The Department may reallocate unobligated or unspent money to	70034
participating providers for purposes of program expansion,	70035
improvement, or special projects to promote quality and	70036
innovation.	70037

(E) Costs for developing and administering an early childhood	70038
education program may not exceed fifteen per cent of the total	70039
approved costs of the program.	70040

All providers shall maintain such fiscal control and	70041
accounting procedures as may be necessary to ensure the	70042
disbursement of, and accounting for, these funds. The control of	70043
funds provided in this program, and title to property obtained	70044
therefrom, shall be under the authority of the approved provider	70045
for purposes provided in the program unless, as described in	70046
division (I) of this section, the program waives its right for	70047
funding or a program's funding is eliminated or reduced due to its	70048
inability to meet financial or early learning program guidelines	70049
for school readiness. The approved provider shall administer and	70050
use such property and funds for the purposes specified.	70051

(F) The Department may examine a provider's financial and	70052
program records. If the financial practices of the program are not	70053
in accordance with standard accounting principles or do not meet	70054
financial standards outlined under division (E) of this section,	70055
or if the program fails to substantially meet the early learning	70056
program guidelines for school readiness or exhibits below average	70057
performance as measured against the guidelines, the early	70058
childhood education program shall propose and implement a	70059
corrective action plan that has been approved by the Department.	70060
The approved corrective action plan shall be signed by the chief	70061
executive officer and the executive of the official governing body	70062
of the provider. The corrective action plan shall include a	70063
schedule for monitoring by the Department. Such monitoring may	70064
include monthly reports, inspections, a timeline for correction of	70065
deficiencies, and technical assistance to be provided by the	70066
Department or obtained by the early childhood education program.	70067
The Department may withhold funding pending corrective action. If	70068
an early childhood education program fails to satisfactorily	70069
complete a corrective action plan, the Department may deny	70070
expansion funding to the program or withdraw all or part of the	70071
funding to the program and establish a new provider through a	70072
competitive bidding process established by the Department.	70073

(G) Each early childhood education program shall do all of	70074
the following:	70075

(1) Meet teacher qualification requirements prescribed by	70076
section 3301.311 of the Revised Code;	70077

(2) Align curriculum to the early learning program guidelines	70078
for school readiness;	70079

(3) Meet any assessment requirements prescribed by section	70080
3301.0715 of the Revised Code that are applicable to the program;	70081

(4) Require teachers, including teachers enrolled and working	70082
to obtain a degree pursuant to section 3301.311 of the Revised	70083
Code, to attend a minimum of twenty hours per year of professional	70084
development as prescribed by the Department regarding the	70085
implementation of content standards and assessments;	70086

(5) Document and report child progress in meeting the early	70087
learning program guidelines for school readiness.	70088

(H) Each provider shall develop a sliding fee scale based on	70089
family incomes and shall charge families who earn more than the	70090
federal poverty guidelines for the early childhood education	70091
program.	70092

(I) If an early childhood education program voluntarily	70093
waives its right for funding, or has its funding eliminated for	70094
not meeting financial standards or the early learning program	70095
guidelines for school readiness, the provider shall transfer	70096
control of title to property, equipment, and remaining supplies	70097
obtained through the program to providers designated by the	70098
Department and return any unexpended funds to the Department along	70099
with any reports prescribed by the Department. The funding made	70100
available from a program that waives its right for funding or has	70101
its funding eliminated or reduced may be used by the Department	70102
for new grant awards or expansion grants. The Department may award	70103
new grants or expansion grants to eligible providers who apply.	70104
The eligible providers who apply must do so in accordance with the	70105
competitive bidding process established by the Department.	70106

(J) As used in this section, "early learning program	70107
guidelines for school readiness" means the guidelines established	70108
by the Department pursuant to division (C)(3) of Section 206.09.54	70109
of this act.	70110

Section 206.09.09. EDUCATOR TRAINING

70111

The foregoing appropriation item 200-410, Educator Training,	70112
shall be used to fund professional development programs in Ohio.	70113
The Department of Education shall, when possible, incorporate	70114
cultural competency as a component of professional development and	70115
actively promote the development of cultural competency in the	70116
operation of its professional development programs. As used in	70117
this section, "cultural competency" has the meaning specified by	70118
the Educator Standards Board under section 3319.61 of the Revised	70119
Code.	70120

Of the foregoing appropriation item 200-410, Educator	70121
Training, up to $7,850,000 in fiscal year 2006 and up to	70122
$8,250,000 in fiscal year 2007 shall be used by the Department of	70123
Education to provide grants to pay $2,000 of the application fee	70124
in order to assist teachers from public and chartered nonpublic	70125
schools applying for the first time to the National Board for	70126
Professional Teaching Standards for professional teaching	70127
certificates or licenses that the board offers. This set aside	70128
shall also be used to recognize and reward teachers who become	70129
certified by the National Board for Professional Teaching	70130
Standards under section 3319.55 of the Revised Code. Up to	70131
$300,000 in each fiscal year of this set aside may be used by the	70132
Department to pay for costs associated with activities to support	70133
candidates through the application and certification process.	70134

These moneys shall be used to pay up to the first 400	70135
applications in each fiscal year received by the Department.	70136

Of the foregoing appropriation item 200-410, Educator	70137
Training, up to $9,515,817 in each fiscal year shall be allocated	70138
for entry year programs. These funds shall be used to support	70139
mentoring services and performance assessments of beginning	70140
teachers in school districts and chartered nonpublic schools.	70141

Of the foregoing appropriation item 200-410, Educator	70142
Training, up to $200,000 in each fiscal year shall be used to	70143
provide technical assistance and grants for districts to develop	70144
local knowledge/skills-based compensation systems (Teacher	70145
Advancement Program). Each district receiving grants shall issue	70146
an annual report to the Department of Education detailing the use	70147
of the funds and the impact of the system developed by the	70148
district.	70149

Of the foregoing appropriation item 200-410, Educator	70150
Training, up to $350,000 in each fiscal year shall be used for	70151
training and professional development of school administrators,	70152
school treasurers, and school business officials.	70153

Of the foregoing appropriation item 200-410, Educator	70154
Training, up to $100,000 in fiscal year 2007 shall be used by the	70155
Department of Education to develop a supply and demand report that	70156
describes the availability of quality educators and critical	70157
educator shortage areas in Ohio.	70158

Of the foregoing appropriation item 200-410, Educator	70159
Training, up to $885,740 in each fiscal year shall be used for	70160
educator recruitment programs targeting shortage areas, including	70161
recruiting highly qualified minority candidates into teaching and	70162
recruiting prospective mathematics and science teachers. The funds	70163
also may be used to provide an alternative route to licensure for	70164
principals and other administrators.	70165

Of the foregoing appropriation item 200-410, Educator	70166
Training, up to $187,500 in each fiscal year shall be used by the	70167
Department of Education to identify hard-to-staff schools and to	70168
provide incentives for highly qualified teachers to teach in these	70169
schools. Stipends shall be provided to teachers with at least	70170
three years of experience who teach in the areas of special	70171
education or middle or high school mathematics or science.	70172

Of the foregoing appropriation item 200-410, Educator	70173
Training, up to $63,000 in each fiscal year shall be used to	70174
support the Ohio University Leadership Program.	70175

Of the foregoing appropriation item 200-410, Educator	70176
Training, up to $4,371,000 in each fiscal year shall be allocated	70177
by the Department of Education on a per pupil basis, to school	70178
districts in academic emergency or with a three-year average	70179
graduation rate of not more than seventy-five per cent. As used in	70180
this section, "three-year average" and "graduation rate" have the	70181
meanings specified in section 3302.01 of the Revised Code. These	70182
funds shall be used by the districts to provide an equivalent of	70183
five days of ongoing embedded professional development for	70184
classroom teachers who provide instruction in the subject areas of	70185
reading, writing, mathematics, science, or social studies to	70186
students enrolled in the ninth or tenth grade. This professional	70187
development shall focus on developing subject competency,	70188
developing cultural competency, developing skills for analyzing	70189
test data, and developing data-based intervention strategies to	70190
prepare students below grade level to pass the Ohio Graduation	70191
Test. Districts shall submit a research-based, professional	70192
development plan for five days of embedded professional	70193
development to the Department of Education prior to receiving	70194
funds. The plan shall detail how ninth and tenth grade teachers	70195
will learn and implement classroom strategies for students to	70196
reach state standards in mathematics, reading, writing, social	70197
studies, and science.	70198

Section 206.09.12. COMPUTER/APPLICATION/NETWORK DEVELOPMENT

70199

The foregoing appropriation item 200-420,	70200
Computer/Application/Network Development, shall be used to support	70201
the development and implementation of information technology	70202
solutions designed to improve the performance and services of the	70203
Department of Education. Funds may be used for personnel,	70204
maintenance, and equipment costs related to the development and	70205
implementation of these technical system projects. Implementation	70206
of these systems shall allow the Department to provide greater	70207
levels of assistance to school districts and to provide more	70208
timely information to the public, including school districts,	70209
administrators, and legislators.	70210

ALTERNATIVE EDUCATION PROGRAMS

70211

There is hereby created the Alternative Education Advisory	70212
Council, which shall consist of one representative from each of	70213
the following agencies: the Ohio Department of Education; the	70214
Department of Youth Services; the Ohio Department of Alcohol and	70215
Drug Addiction Services; the Department of Mental Health; the	70216
Office of the Governor or, at the Governor's discretion, the	70217
Office of the Lieutenant Governor; the Office of the Attorney	70218
General; and the Office of the Auditor of State.	70219

Of the foregoing appropriation item 200-421, Alternative	70220
Education Programs, up to $6,227,310 in each fiscal year shall be	70221
used for the renewal of successful implementation grants and for	70222
competitive matching grants to the 21 urban school districts as	70223
defined in division (O) of section Sec. 3317.02. of the Revised Code as	70224
it existed prior to July 1, 1998, and up to $6,408,074 in each	70225
fiscal year shall be used for the renewal of successful	70226
implementation grants and for competitive matching grants to rural	70227
and suburban school districts for alternative educational programs	70228
for existing and new at-risk and delinquent youth. Programs shall	70229
be focused on youth in one or more of the following categories:	70230
those who have been expelled or suspended, those who have dropped	70231
out of school or who are at risk of dropping out of school, those	70232
who are habitually truant or disruptive, or those on probation or	70233
on parole from a Department of Youth Services facility. Grants	70234
shall be awarded according to the criteria established by the	70235
Alternative Education Advisory Council in 1999. Grants shall be	70236
awarded only to programs in which the grant will not serve as the	70237
program's primary source of funding. These grants shall be	70238
administered by the Department of Education.	70239

The Department of Education may waive compliance with any	70240
minimum education standard established under section 3301.07 of	70241
the Revised Code for any alternative school that receives a grant	70242
under this section on the grounds that the waiver will enable the	70243
program to more effectively educate students enrolled in the	70244
alternative school.	70245

Of the foregoing appropriation item 200-421, Alternative	70246
Education Programs, up to $422,281 in each fiscal year may be used	70247
for program administration, monitoring, technical assistance,	70248
support, research, and evaluation. Any unexpended balance may be	70249
used to provide additional matching grants to urban, suburban, or	70250
rural school districts as outlined above.	70251

Of the foregoing appropriation item 200-421, Alternative	70252
Education Programs, $75,000 in each fiscal year shall be used to	70253
support the Toledo Tech Academy.	70254

Of the foregoing appropriation item 200-421, Alternative	70255
Education Programs, $100,000 in each fiscal year shall be used for	70256
the Youth Opportunities United, Inc.	70257

SCHOOL MANAGEMENT ASSISTANCE

70258

Of the foregoing appropriation item 200-422, School	70259
Management Assistance, up to $1,315,000 in each fiscal year shall	70260
be used by the Auditor of State in consultation with the	70261
Department of Education for expenses incurred in the Auditor of	70262
State's role relating to fiscal caution, fiscal watch, and fiscal	70263
emergency activities as defined in Chapter 3316. of the Revised	70264
Code and may also be used to conduct performance audits consistent	70265
with the recommendations of the Governor's Blue Ribbon Task Force	70266
on Financing Student Success, with priority given to districts in	70267
fiscal distress. Expenses include duties related to the completion	70268
of performance audits for school districts that the Superintendent	70269
of Public Instruction determines are employing fiscal practices or	70270
experiencing budgetary conditions that could produce a state of	70271
fiscal watch or fiscal emergency.	70272

The remainder of foregoing appropriation item 200-422, School	70273
Management Assistance, shall be used by the Department of	70274
Education to provide fiscal technical assistance and inservice	70275
education for school district management personnel and to	70276
administer, monitor, and implement the fiscal watch and fiscal	70277
emergency provisions under Chapter 3316. of the Revised Code.	70278

POLICY ANALYSIS

70279

The foregoing appropriation item 200-424, Policy Analysis,	70280
shall be used by the Department of Education to support a system	70281
of administrative, statistical, and legislative education	70282
information to be used for policy analysis. Staff supported by	70283
this appropriation shall administer the development of reports,	70284
analyses, and briefings to inform education policymakers of	70285
current trends in education practice, efficient and effective use	70286
of resources, and evaluation of programs to improve education	70287
results. The database shall be kept current at all times. These	70288
research efforts shall be used to supply information and analysis	70289
of data to the General Assembly and other state policymakers,	70290
including the Office of Budget and Management and the Legislative	70291
Service Commission.	70292

The Department of Education may use funding from this	70293
appropriation item to purchase or contract for the development of	70294
software systems or contract for policy studies that will assist	70295
in the provision and analysis of policy-related information.	70296
Funding from this appropriation item also may be used to monitor	70297
and enhance quality assurance for research-based policy analysis	70298
and program evaluation to enhance the effective use of education	70299
information to inform education policymakers.	70300

TECH PREP CONSORTIA SUPPORT

70301

The foregoing appropriation item 200-425, Tech Prep Consortia	70302
Support, shall be used by the Department of Education to support	70303
state-level activities designed to support, promote, and expand	70304
tech prep programs. Use of these funds shall include, but not be	70305
limited to, administration of grants, program evaluation,	70306
professional development, curriculum development, assessment	70307
development, program promotion, communications, and statewide	70308
coordination of tech prep consortia.	70309

OHIO EDUCATIONAL COMPUTER NETWORK

70310

The foregoing appropriation item 200-426, Ohio Educational	70311
Computer Network, shall be used by the Department of Education to	70312
maintain a system of information technology throughout Ohio and to	70313
provide technical assistance for such a system in support of the	70314
State Education Technology Plan under section 3301.07 of the	70315
Revised Code.	70316

Of the foregoing appropriation item 200-426, Ohio Educational	70317
Computer Network, up to $18,136,691 in each fiscal year shall be	70318
used by the Department of Education to support connection of all	70319
public school buildings and participating chartered nonpublic	70320
schools to the state's education network, to each other, and to	70321
the Internet. In each fiscal year the Department of Education	70322
shall use these funds to assist data acquisition sites or school	70323
districts with the operational costs associated with this	70324
connectivity. The Department of Education shall develop a formula	70325
and guidelines for the distribution of these funds to the data	70326
acquisition sites or individual school districts. As used in this	70327
section, "public school building" means a school building of any	70328
city, local, exempted village, or joint vocational school	70329
district, any community school established under Chapter 3314. of	70330
the Revised Code, any educational service center building used for	70331
instructional purposes, the Ohio School for the Deaf and the Ohio	70332
School for the Blind, or high schools chartered by the Ohio	70333
Department of Youth Services and high schools operated by Ohio	70334
Department of Rehabilitation and Corrections' Ohio Central School	70335
System.	70336

Of the foregoing appropriation item 200-426, Ohio Educational	70337
Computer Network, up to $1,700,000 in each fiscal year shall be	70338
used for the Union Catalog and InfOhio Network.	70339

Of the foregoing appropriation item 200-426, Ohio Educational	70340
Computer Network, up to $8,338,468 in each fiscal year shall be	70341
used, through a formula and guidelines devised by the department,	70342
to subsidize the activities of designated data acquisition sites,	70343
as defined by State Board of Education rules, to provide school	70344
districts and chartered nonpublic schools with computer-based	70345
student and teacher instructional and administrative information	70346
services, including approved computerized financial accounting,	70347
and to ensure the effective operation of local automated	70348
administrative and instructional systems.	70349

The remainder of appropriation item 200-426, Ohio Educational	70350
Computer Network, shall be used to support development,	70351
maintenance, and operation of a network of uniform and compatible	70352
computer-based information and instructional systems. This	70353
technical assistance shall include, but not be restricted to,	70354
development and maintenance of adequate computer software systems	70355
to support network activities. In order to improve the efficiency	70356
of network activities, the Department and data acquisition sites	70357
may jointly purchase equipment, materials, and services from funds	70358
provided under this appropriation for use by the network and, when	70359
considered practical by the Department, may utilize the services	70360
of appropriate state purchasing agencies.	70361

ACADEMIC STANDARDS

70362

Of the foregoing appropriation item 200-427, Academic	70363
Standards, up to $747,912 in each fiscal year shall be used to	70364
provide funds to school districts that have one or more teachers	70365
participating in the teachers-on-loan program.	70366

Of the foregoing appropriation item 200-427, Academic	70367
Standards, $150,000 in each fiscal year shall be used by the	70368
Department in combination with funding earmarked for this purpose	70369
in the Board of Regents' budget under appropriation item 235-321,	70370
Operating Expenses. Such funding shall be used to support Ohio's	70371
Partnership for Continued Learning at the direction of the Office	70372
of the Governor. Ohio's Partnership for Continued Learning	70373
replaces and broadens the former Joint Council of the Department	70374
of Education and the Board of Regents. The Partnership shall	70375
advise and make recommendations to promote collaboration among	70376
relevant state entities in an effort to help local communities	70377
develop coherent and successful "P-16" learning systems. The	70378
Governor, or the Governor's designee, shall serve as the	70379
chairperson.	70380

Of the foregoing appropriation item 200-427, Academic	70381
Standards, $500,000 in each fiscal year shall be used for Project	70382
Lead the Way leadership and management oversight and initial and	70383
continuing support of Project Lead the Way workforce development	70384
programs in participating school districts. Project Lead the Way	70385
is a program that supports students interested in pursuing	70386
engineering professions and stimulates growth of career pathways	70387
that meet business and industry workforce needs.	70388

Of the foregoing appropriation item 200-427, Academic	70389
Standards, up to $2,600,000 in each fiscal year shall be used for	70390
intensive teacher professional development institutes that focus	70391
on classroom implementation of the mathematics standards.	70392

Of the foregoing appropriation item 200-427, Academic	70393
Standards, up to $200,000 in each fiscal year may be used to	70394
support the Ohio Resource Center for Math and Science.	70395

The remainder of appropriation item 200-427, Academic	70396
Standards, shall be used by the Department of Education to develop	70397
and communicate to school districts academic content standards and	70398
curriculum models.	70399

Section 206.09.15. SCHOOL IMPROVEMENT INITIATIVES

70400

Of the foregoing appropriation item 200-431, School	70401
Improvement Initiatives, up to $14,972,949 in fiscal year 2006 and	70402
$15,122,678 in fiscal year 2007 shall be used to provide technical	70403
assistance to school districts that are declared to be in a state	70404
of academic watch or academic emergency under section 3302.03 of	70405
the Revised Code, to provide support to districts in the	70406
development and implementation of their continuous improvement	70407
plans as required in section 3302.04 of the Revised Code, to	70408
support a statewide comprehensive system of field relations that	70409
support local educators' abilities to foster academic achievement	70410
in the students they serve, and to provide technical assistance	70411
and support in accordance with Title I of the "No Child Left	70412
Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. The field	70413
relations system shall include training that assists educators,	70414
school leadership, and technical assistance providers in	70415
understanding and implementing standards-based education, data	70416
analysis, and development of assessment systems for quality	70417
instruction.	70418

Of the foregoing appropriation item 200-431, School	70419
Improvement Initiatives, up to $315,000 in each fiscal year shall	70420
be used to reduce the dropout rate by addressing the academic and	70421
social problems of inner-city students through Project GRAD.	70422

Of the foregoing appropriation item 200-431, School	70423
Improvement Initiatives, $1,574,535 in fiscal year 2006 and	70424
$2,753,985 in fiscal year 2007 shall be used in conjunction with	70425
funding provided in the Board of Regents' budget under	70426
appropriation item 235-434, College Readiness and Access, to	70427
create early college high schools, which are small, autonomous	70428
schools that blend high school and college into a coherent	70429
educational program.	70430

Of the foregoing appropriation item 200-431, School	70431
Improvement Initiatives, up to $3,000,000 in fiscal year 2006 and	70432
up to $5,000,000 in fiscal year 2007 shall be used in partnership	70433
with nonprofit groups with expertise in converting existing large	70434
urban high schools into small, personalized high schools.	70435
Districts eligible for such funding include the Urban 21 high	70436
schools, as defined in division (O) of section 3317.02 of the	70437
Revised Code as it existed prior to July 1, 1998, with priority	70438
given to those without other sources of funding for this	70439
initiative.	70440

READING/WRITING IMPROVEMENT-PROFESSIONAL DEVELOPMENT

70441

Of the foregoing appropriation item 200-433, Reading/Writing	70442
Improvement-Professional Development, up to $9,175,000 in each	70443
fiscal year shall be used for educator training in literacy for	70444
classroom teachers, administrators, and literacy specialists.	70445

Of the foregoing appropriation item 200-433, Reading/Writing	70446
Improvement-Professional Development, up to $5,000,000 in each	70447
fiscal year shall be used to support literacy professional	70448
development partnerships between the Department of Education,	70449
higher education institutions, literacy networks, and school	70450
districts.	70451

Of the foregoing appropriation item 200-433, Reading/Writing	70452
Improvement–Professional Development, up to $900,000 in each	70453
fiscal year shall be used by the Department of Education to fund	70454
the Reading Recovery Training Network, to cover the cost of	70455
release time for the teacher trainers, and to provide grants to	70456
districts to implement other reading improvement programs on a	70457
pilot basis. Funds from this set-aside also may be used to conduct	70458
evaluations of the impact and effectiveness of Reading Recovery	70459
and other reading improvement programs.	70460

Of the foregoing appropriation item 200-433, Reading/Writing	70461
Improvement-Professional Development, up to $250,000 in each	70462
fiscal year shall be used for the Waterford Early Reading Program.	70463

The remainder of appropriation item 200-433, Reading/Writing	70464
Improvement-Professional Development, shall be used by the	70465
Department of Education to provide administrative support of	70466
literacy professional development programs.	70467

STUDENT ASSESSMENT

70468

The foregoing appropriation item 200-437, Student Assessment,	70469
shall be used to develop, field test, print, distribute, score,	70470
report results, and support other associated costs for the tests	70471
required under sections 3301.0710 and 3301.0711 of the Revised	70472
Code and for similar purposes as required by section 3301.27 of	70473
the Revised Code.	70474

ACCOUNTABILITY/REPORT CARDS

70475

Of the foregoing appropriation item 200-439,	70476
Accountability/Report Cards, up to $200,100 in fiscal year 2006	70477
and up to $2,778,540 in fiscal year 2007 shall be used by the	70478
Department of Education to incorporate a statewide pilot	70479
value-added progress dimension into performance ratings for school	70480
districts and to train regional specialists. This funding shall be	70481
used in consultation with a credible nonprofit organization with	70482
expertise in value-added progress dimensions.	70483

The remainder of the appropriation item 200-439,	70484
Accountability/Report Cards, shall be used for the development of	70485
an accountability system that includes the preparation and	70486
distribution of school report cards under section 3302.03 of the	70487
Revised Code.	70488

CHILD CARE LICENSING

70489

The foregoing appropriation item 200-442, Child Care	70490
Licensing, shall be used by the Department of Education to license	70491
and to inspect preschool and school-age child care programs under	70492
sections 3301.52 to 3301.59 of the Revised Code.	70493

OHIOREADS VOLUNTEER SUPPORT

70494

The foregoing appropriation item 200-445, OhioReads Volunteer	70495
Support, may be allocated by the Department of Education for	70496
volunteer coordinators in public school buildings, for background	70497
checks for volunteers, to evaluate programs, and to develop,	70498
implement, and support literacy improvement activities and	70499
interventions for students in grades kindergarten through twelve.	70500

Section 206.09.18. EDUCATION MANAGEMENT INFORMATION SYSTEM

70501

The foregoing appropriation item 200-446, Education	70502
Management Information System, shall be used by the Department of	70503
Education to improve the Education Management Information System	70504
(EMIS).	70505

Of the foregoing appropriation item 200-446, Education	70506
Management Information System, up to $1,295,857 in each fiscal	70507
year shall be distributed to designated data acquisition sites for	70508
costs relating to processing, storing, and transferring data for	70509
the effective operation of the EMIS. These costs may include, but	70510
are not limited to, personnel, hardware, software development,	70511
communications connectivity, professional development, and support	70512
services, and to provide services to participate in the State	70513
Education Technology Plan pursuant to section 3301.07 of the	70514
Revised Code.	70515

Of the foregoing appropriation item 200-446, Education	70516
Management Information System, up to $8,055,189 in each fiscal	70517
year shall be distributed on a per-pupil basis to school	70518
districts, community schools established under Chapter 3314. of	70519
the Revised Code, educational service centers, joint vocational	70520
school districts, and any other education entity that reports data	70521
through EMIS. From this funding, each school district or community	70522
school established under Chapter 3314. of the Revised Code with	70523
enrollment greater than 100 students and each vocational school	70524
district shall receive a minimum of $5,000 in each fiscal year.	70525
Each school district or community school established under Chapter	70526
3314. of the Revised Code with enrollment between one and one	70527
hundred and each educational service center and each county board	70528
of MR/DD that submits data through EMIS shall receive $3,000 in	70529
each fiscal year. This subsidy shall be used for costs relating to	70530
reporting, processing, storing, transferring, and exchanging data	70531
necessary to meet requirements of the Department of Education's	70532
data system.	70533

The remainder of appropriation item 200-446, Education	70534
Management Information System, shall be used to develop and	70535
support a common core of data definitions and standards as adopted	70536
by the Education Data Advisory Council, including the ongoing	70537
development and maintenance of the data dictionary and data	70538
warehouse. In addition, such funds shall be used to support the	70539
development and implementation of data standards and the design,	70540
development, and implementation of a new data exchange system.	70541

Any provider of software meeting the standards approved by	70542
the Education Data Advisory Council shall be designated as an	70543
approved vendor and may enter into contracts with local school	70544
districts, community schools, data acquisition centers, or other	70545
educational entities for the purpose of collecting and managing	70546
data required under Ohio's education management information system	70547
(EMIS) laws. On an annual basis, the Department of Education shall	70548
convene an advisory group of school districts, community schools,	70549
and other education-related entities to review the Education	70550
Management Information System data definitions and data format	70551
standards. The advisory group shall recommend changes and	70552
enhancements based upon surveys of its members, education agencies	70553
in other states, and current industry practices, to reflect best	70554
practices, align with federal initiatives, and meet the needs of	70555
school districts.	70556

School districts and community schools not implementing a	70557
common and uniform set of data definitions and data format	70558
standards for Education Management Information System purposes	70559
shall have all EMIS funding withheld until they are in compliance.	70560

GED TESTING

70561

The foregoing appropriation item 200-447, GED Testing, shall	70562
be used to provide General Educational Development (GED) testing	70563
at no cost to applicants, under rules adopted by the State Board	70564
of Education. The Department of Education shall reimburse school	70565
districts and community schools, created under Chapter 3314. of	70566
the Revised Code, for a portion of the costs incurred in providing	70567
summer instructional or intervention services to students who have	70568
not graduated because of their inability to pass one or more parts	70569
of the state's Ohio Graduation Test or ninth grade proficiency	70570
test. School districts shall also provide such services to	70571
students who are residents of the district under section 3313.64	70572
of the Revised Code, but who are enrolled in chartered, nonpublic	70573
schools. The services shall be provided in the public school, in	70574
nonpublic schools, in public centers, or in mobile units located	70575
on or off the nonpublic school premises. No school district shall	70576
provide summer instructional or intervention services to nonpublic	70577
school students as authorized by this section unless such services	70578
are available to students attending the public schools within the	70579
district. No school district shall provide services for use in	70580
religious courses, devotional exercises, religious training, or	70581
any other religious activity. Chartered, nonpublic schools shall	70582
pay for any unreimbursed costs incurred by school districts for	70583
providing summer instruction or intervention services to students	70584
enrolled in chartered, nonpublic schools. School districts may	70585
provide these services to students directly or contract with	70586
postsecondary or nonprofit community-based institutions in	70587
providing instruction.	70588

EDUCATOR PREPARATION

70589

Of the foregoing appropriation item 200-448, Educator	70590
Preparation, $100,000 in each fiscal year shall be provided in	70591
conjunction with funding in the Board of Regents' budget under	70592
appropriation item 235-435, Teacher Improvement Initiatives, to	70593
the Teacher Quality Partnership project. The Teacher Quality	70594
Partnership is a research consortium of Ohio's fifty colleges and	70595
universities providing teacher preparation programs. Funds shall	70596
be used to support a comprehensive longitudinal study of the	70597
preparation, in-school support, and effectiveness of Ohio	70598
teachers.	70599

Of the foregoing appropriation item 200-448, Educator	70600
Preparation, up to $1,551,000 in each fiscal year shall be used by	70601
the Department to support the Educator Standards Board under	70602
section 3319.61 of the Revised Code as it develops and recommends	70603
to the State Board of Education standards for educator training	70604
and standards for teacher and other school leadership positions.	70605

TITLE IV-A HEAD START AND TITLE IV-A HEAD START PLUS START UP

70606

Funds appropriated for the purpose of providing start up	70607
grants to Title IV-A Head Start and Title IV-A Head Start Plus	70608
agencies in fiscal year 2004 and fiscal year 2005 for the	70609
provision of services to children eligible for Title IV-A services	70610
under the Title IV-A Head Start or Title IV-A Head Start Plus	70611
programs shall be reimbursed to the General Revenue Fund when the	70612
Title IV-A Head Start or Title IV-A Head Start Plus programs cease	70613
to exist in fiscal year 2006 or are no longer funded from Title	70614
IV-A.	70615

Within ninety days after the effective date of this section,	70616
the Title IV-A Head Start agencies, the Title IV-A Head Start Plus	70617
agencies, and the Department of Education shall determine the	70618
outstanding amount remaining to be repaid for the start up grants,	70619
and, within ten days thereafter, the Title IV-A Head Start	70620
agencies and the Title IV-A Head Start Plus agencies shall pay	70621
this amount to the Department of Education for reimbursement to	70622
the General Revenue Fund. The Department of Education shall refer	70623
any amounts remaining due and payable to the state after that date	70624
to the Attorney General for collection under section 131.02 of the	70625
Revised Code.	70626

COMMUNITY SCHOOLS

70627

Of the foregoing appropriation item 200-455, Community	70628
Schools, up to $1,308,661 in each fiscal year may be used by the	70629
Department of Education for additional services and	70630
responsibilities under section 3314.11 of the Revised Code.	70631

Of the foregoing appropriation item 200-455, Community	70632
Schools, up to $225,000 in each fiscal year may be used by the	70633
Department of Education for developing and conducting training	70634
sessions for sponsors and prospective sponsors of community	70635
schools as prescribed in division (A)(1) of section 3314.015 of	70636
the Revised Code. In developing the training sessions, the	70637
Department shall collect and disseminate examples of best	70638
practices used by sponsors of independent charter schools in Ohio	70639
and other states.	70640

The remaining appropriation may be used by the Department of	70641
Education to make grants of up to $50,000 to each proposing group	70642
with a preliminary agreement obtained under division (C)(2) of	70643
section 3314.02 of the Revised Code in order to defray planning	70644
and initial start-up costs. In the first year of operation of a	70645
community school, the Department of Education may make a grant of	70646
not more than $100,000 to the governing authority of the school to	70647
partially defray additional start-up costs. The amount of the	70648
grant shall be based on a thorough examination of the needs of the	70649
community school. The Department of Education shall not utilize	70650
moneys received under this section for any other purpose other	70651
than those specified under this section.	70652

A community school awarded start-up grants from appropriation	70653
item 200-613, Public Charter Schools (Fund 3T4), shall not be	70654
eligible for grants under this section.	70655

Section 206.09.21. PUPIL TRANSPORTATION

70656

Of the foregoing appropriation item 200-502, Pupil	70657
Transportation, up to $822,400 in each fiscal year may be used by	70658
the Department of Education for training prospective and	70659
experienced school bus drivers in accordance with training	70660
programs prescribed by the Department. Up to $58,115,428 in fiscal	70661
year 2006 and up to $59,277,737 in fiscal year 2007 may be used by	70662
the Department of Education for special education transportation	70663
reimbursements to school districts and county MR/DD boards for	70664
transportation operating costs as provided in division (M) of	70665
section 3317.024 of the Revised Code. The remainder of	70666
appropriation item 200-502, Pupil Transportation, shall be used	70667
for the state reimbursement of public school districts' costs in	70668
transporting pupils to and from the school they attend in	70669
accordance with the district's policy, State Board of Education	70670
standards, and the Revised Code.	70671

Notwithstanding the distribution formula outlined in division	70672
(D) of section 3317.022 of the Revised Code, each school district	70673
shall receive an additional two per cent in state funding for	70674
transportation in fiscal year 2006 over what was received in	70675
fiscal year 2005, and the local share of transportation costs that	70676
is used in the calculation of the charge-off supplement and excess	70677
cost supplement for each school district in fiscal year 2006 shall	70678
be increased by two per cent from that used in calculations in	70679
fiscal year 2005.	70680

Notwithstanding the distribution formula outlined in division	70681
(D) of section 3317.022 of the Revised Code, each school district	70682
shall receive an additional two per cent in state funding for	70683
transportation in fiscal year 2007 over what was received in	70684
fiscal year 2006, and the local share of transportation costs that	70685
is used in the calculation of the charge-off supplement and excess	70686
cost supplement for each school district in fiscal year 2007 shall	70687
be increased by two per cent from that used in calculations in	70688
fiscal year 2006.	70689

The Department of Education shall recommend a new formula for	70690
allocating state funds for transportation costs. The Department	70691
shall submit the recommendation to the Director of Budget and	70692
Management, the Speaker of the House of Representatives, and the	70693
President of the Senate not later than July 1, 2006.	70694

School districts not receiving state funding for	70695
transportation in fiscal year 2005 under division (D) of section	70696
3317.022 of the Revised Code shall not receive state funding for	70697
transportation in fiscal year 2006 or fiscal year 2007.	70698

BUS PURCHASE ALLOWANCE

70699

The foregoing appropriation item 200-503, Bus Purchase	70700
Allowance, shall be distributed to school districts, educational	70701
service centers, and county MR/DD boards pursuant to rules adopted	70702
under section 3317.07 of the Revised Code. Up to 28 per cent of	70703
the amount appropriated may be used to reimburse school districts	70704
and educational service centers for the purchase of buses to	70705
transport handicapped and nonpublic school students and to county	70706
MR/DD boards, the Ohio School for the Deaf, and the Ohio School	70707
for the Blind for the purchase of buses to transport handicapped	70708
students.	70709

SCHOOL LUNCH MATCH

70710

The foregoing appropriation item 200-505, School Lunch Match,	70711
shall be used to provide matching funds to obtain federal funds	70712
for the school lunch program.	70713

Section 206.09.24. ADULT LITERACY EDUCATION

70714

The foregoing appropriation item 200-509, Adult Literacy	70715
Education, shall be used to support adult basic and literacy	70716
education instructional programs and the State Literacy Resource	70717
Center Program.	70718

Of the foregoing appropriation item 200-509, Adult Literacy	70719
Education, up to $488,037 in each fiscal year shall be used for	70720
the support and operation of the State Literacy Resource Center.	70721

Of the foregoing appropriation item 200-509, Adult Literacy	70722
Education, up to $175,000 in each fiscal year shall be used for	70723
state reimbursement to school districts for adult high school	70724
continuing education programs under section 3313.531 of the	70725
Revised Code or for costs associated with awarding adult high	70726
school diplomas under section 3313.611 of the Revised Code.	70727

The remainder of the appropriation shall be used to continue	70728
to satisfy the state match and maintenance of effort requirements	70729
for the support and operation of the Department of	70730
Education-administered instructional grant program for adult basic	70731
and literacy education in accordance with the Department's state	70732
plan for adult basic and literacy education as approved by the	70733
State Board of Education and the Secretary of the United States	70734
Department of Education.	70735

AUXILIARY SERVICES

70736

The foregoing appropriation item 200-511, Auxiliary Services,	70737
shall be used by the Department of Education for the purpose of	70738
implementing section 3317.06 of the Revised Code. Of the	70739
appropriation, up to $2,000,000 in each fiscal year may be used	70740
for payment of the Post-Secondary Enrollment Options Program for	70741
nonpublic students under section 3365.10 of the Revised Code.	70742

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

70743

The foregoing appropriation item 200-514, Postsecondary Adult	70744
Career-Technical Education, shall be used by the State Board of	70745
Education to provide postsecondary adult career-technical	70746
education under sections 3313.52 and 3313.53 of the Revised Code.	70747

Section 206.09.27. GIFTED PUPIL PROGRAM

70748

The foregoing appropriation item 200-521, Gifted Pupil	70749
Program, shall be used for gifted education units not to exceed	70750
1,110 in each fiscal year under division (P) of section 3317.024	70751
and division (F) of section 3317.05 of the Revised Code.	70752

Of the foregoing appropriation item 200-521, Gifted Pupil	70753
Program, up to $4,700,000 in each fiscal year may be used as an	70754
additional supplement for identifying gifted students under	70755
Chapter 3324. of the Revised Code.	70756

Of the foregoing appropriation item 200-521, Gifted Pupil	70757
Program, the Department of Education may expend up to $940,000 in	70758
each fiscal year for the Summer Honors Institute for gifted	70759
freshman and sophomore high school students. Up to $65,800 in each	70760
fiscal year shall be used for the Ohio Summer School for the	70761
Gifted (Martin Essex Program).	70762

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

70763

The foregoing appropriation item 200-532, Nonpublic	70764
Administrative Cost Reimbursement, shall be used by the Department	70765
of Education for the purpose of implementing section 3317.063 of	70766
the Revised Code.	70767

Section 206.09.30. SPECIAL EDUCATION ENHANCEMENTS

70768

Of the foregoing appropriation item 200-540, Special	70769
Education Enhancements, up to $46,357,775 in fiscal year 2006 and	70770
up to $46,826,353 in fiscal year 2007 shall be used to fund	70771
special education and related services at county boards of mental	70772
retardation and developmental disabilities for eligible students	70773
under section 3317.20 of the Revised Code and at institutions for	70774
eligible students under section 3317.201 of the Revised Code.	70775

Of the foregoing appropriation item 200-540, Special	70776
Education Enhancements, up to $2,906,875 in each fiscal year shall	70777
be used for home instruction for children with disabilities; up to	70778
$1,462,500 in each fiscal year shall be used for parent mentoring	70779
programs; and up to $2,408,396 in each fiscal year may be used for	70780
school psychology interns.	70781

Of the foregoing appropriation item 200-540, Special	70782
Education Enhancements, $750,000 in each fiscal year shall be used	70783
for the Out of School Initiative of Sinclair Community College.	70784

Of the foregoing appropriation item 200-540, Special	70785
Education Enhancements, $500,000 in each fiscal year shall be	70786
distributed to Putnam, Northwest Ohio, Erie-Huron-Ottawa, and Wood	70787
County educational service centers for continued implementation in	70788
collaboration with the Ohio Coalition for the Education of	70789
Children with Disabilities of the research-based reading mentoring	70790
programs for students with disabilities in preschool through	70791
fourth grade. The mentoring programs selected shall have promising	70792
educational practices for accelerating student achievement, be	70793
easily replicated, have strong evaluative components, and have	70794
goals aligned to the Ohio achievement and proficiency tests. The	70795
mentoring programs shall be administered by certified staff, and	70796
testing of participants shall be required prior to, during, and	70797
after participation in the programs. Ongoing and comparison data	70798
shall be collected for fiscal years 2006 and 2007 by the Putnam	70799
County Educational Service Center and reported to the Governor,	70800
Superintendent of Public Instruction, and the General Assembly.	70801

Of the foregoing appropriation item 200-540, Special	70802
Education Enhancements, $315,000 in each fiscal year shall be used	70803
to implement the Collaborative Language and Literacy Instruction	70804
Project literacy reform programming, which provides professional	70805
development in language and literacy that supports student	70806
acquisition of language and literacy skills. The implementation of	70807
the Collaborative Language and Literacy Instruction Project shall	70808
demonstrate the improvement of language and literacy skills of	70809
at-risk learners under the instruction and training of the Ohio	70810
Education Development Center. Baseline data and comparison data	70811
for fiscal year 2006 and fiscal year 2007 shall be collected by	70812
the Ohio Education Development Center and reported to the	70813
Governor, the General Assembly, and the State Board of Education.	70814

Of the foregoing appropriation item 200-540, Special	70815
Education Enhancements, up to $79,194,060 in fiscal year 2006 and	70816
up to $79,986,001 in fiscal year 2007 shall be distributed by the	70817
Department of Education to county boards of mental retardation and	70818
developmental disabilities, educational service centers, and	70819
school districts for preschool special education units and	70820
preschool supervisory units under section 3317.052 of the Revised	70821
Code. The Department may reimburse county boards of mental	70822
retardation and developmental disabilities, educational service	70823
centers, and school districts for related services as defined in	70824
rule 3301-51-11 of the Administrative Code, for preschool	70825
occupational and physical therapy services provided by a physical	70826
therapy assistant and certified occupational therapy assistant,	70827
and for an instructional assistant. To the greatest extent	70828
possible, the Department of Education shall allocate these units	70829
to school districts and educational service centers.	70830

The Department of Education shall require school districts,	70831
educational service centers, and county MR/DD boards serving	70832
preschool children with disabilities to document child progress	70833
using research-based indicators prescribed by the Department and	70834
report results annually. The reporting dates and method shall be	70835
determined by the Department.	70836

Section 206.09.33. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

70837

Of the foregoing appropriation item 200-545, Career-Technical	70838
Education Enhancements, up to $2,436,070 in each fiscal year shall	70839
be used to fund career-technical education units at institutions.	70840

Of the foregoing appropriation item 200-545, Career-Technical	70841
Education Enhancements, up to $2,621,507 in each fiscal year shall	70842
be used by the Department of Education to fund competitive grants	70843
to tech prep consortia that expand the number of students enrolled	70844
in tech prep programs. These grant funds shall be used to directly	70845
support expanded tech prep programs, including equipment, provided	70846
to students enrolled in school districts, including joint	70847
vocational school districts, and affiliated higher education	70848
institutions.	70849

Of the foregoing appropriation item 200-545, Career-Technical	70850
Education Enhancements, $943,873 in fiscal year 2006 shall be used	70851
to provide an amount to each eligible school district for the	70852
replacement or updating of equipment essential for the instruction	70853
of students in job skills taught as part of a career-technical	70854
program or programs approved for such instruction by the State	70855
Board of Education. School districts replacing or updating	70856
career-technical education equipment may purchase or lease such	70857
equipment. The Department of Education shall review and approve	70858
all equipment requests and may allot appropriated funds to	70859
eligible school districts on the basis of the number of full-time	70860
equivalent workforce development teachers in all eligible	70861
districts making application for funds.	70862

The State Board of Education may adopt standards of need for	70863
equipment allocation. Pursuant to the adoption of any such	70864
standards of need by the State Board of Education, appropriated	70865
funds may be allotted to eligible districts according to such	70866
standards. Equipment funds allotted under either process shall be	70867
provided to a school district at 30, 40, or 50 per cent of cost on	70868
the basis of a rating developed by the Department of Education	70869
using the state share percentage as provided in division (B)(2) of	70870
section 3317.022 of the Revised Code.	70871

Of the foregoing appropriation item 200-545, Career-Technical	70872
Education Enhancements, up to $3,431,000 in each fiscal year shall	70873
be used by the Department of Education to support existing High	70874
Schools That Work (HSTW) sites, develop and support new sites,	70875
fund technical assistance, and support regional centers and middle	70876
school programs. The purpose of HSTW is to combine challenging	70877
academic courses and modern career-technical studies to raise the	70878
academic achievement of students. HSTW provides intensive	70879
technical assistance, focused staff development, targeted	70880
assessment services, and ongoing communications and networking	70881
opportunities.	70882

Of the foregoing appropriation item 200-545, Career-Technical	70883
Education Enhancements, up to $466,992 in each fiscal year shall	70884
be allocated for the Ohio Career Information System (OCIS) and	70885
used for the dissemination of career information data to public	70886
schools, libraries, rehabilitation centers, two- and four-year	70887
colleges and universities, and other governmental units.	70888

Of the foregoing appropriation item 200-545, Career-Technical	70889
Educational Enhancements, up to $270,000 in each fiscal year shall	70890
be used by the Department of Education to enable students in	70891
agricultural programs to enroll in a fifth quarter of instruction	70892
based on the agricultural education model of delivering work-based	70893
learning through supervised agricultural experience. The	70894
Department of Education shall determine eligibility criteria and	70895
the reporting process for the Agriculture 5th Quarter Project and	70896
shall fund as many programs as possible given the $270,000 set	70897
aside.	70898

Section 206.09.36. FOUNDATION FUNDING

70899

The foregoing appropriation item 200-550, Foundation Funding,	70900
includes $85,000,000 in each fiscal year for the state education	70901
aid offset due to the change in public utility valuation as a	70902
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	70903
General Assembly. This amount represents the total state education	70904
aid offset due to the valuation change for school districts and	70905
joint vocational school districts from all relevant appropriation	70906
line item sources. Upon certification by the Department of	70907
Education, in consultation with the Department of Taxation, to the	70908
Director of Budget and Management of the actual state aid offset,	70909
the cash transfer from fund 053, appropriation item 200-900,	70910
School District Property Tax Replacement - Utility, shall be	70911
decreased or increased by the Director of Budget and Management to	70912
match the certification in accordance with section 5727.84 of the	70913
Revised Code.	70914

Of the foregoing appropriation item 200-550, Foundation	70915
Funding, up to $425,000 shall be expended in each fiscal year for	70916
court payments under section 2151.357 of the Revised Code; an	70917
amount shall be available in each fiscal year for the cost of	70918
reappraisal guarantee under section 3317.04 of the Revised Code;	70919
an amount shall be available in each fiscal year to fund up to 225	70920
full-time equivalent approved GRADS teacher grants under division	70921
(R) of section 3317.024 of the Revised Code; an amount shall be	70922
available in each fiscal year to make payments to school districts	70923
under division (A)(2) of section 3317.022 of the Revised Code; an	70924
amount shall be available in each fiscal year to make payments to	70925
school districts under division (F) of section 3317.022 of the	70926
Revised Code; an amount shall be available in each fiscal year to	70927
make payments to school districts under division (C) of section	70928
3317.0212 of the Revised Code; and up to $30,000,000 in each	70929
fiscal year shall be reserved for payments under sections	70930
3317.026, 3317.027, and 3317.028 of the Revised Code except that	70931
the Controlling Board may increase the $30,000,000 amount if	70932
presented with such a request from the Department of Education. Of	70933
the foregoing appropriation item 200-550, Foundation Funding, up	70934
to $18,000,000 in fiscal year 2006 and up to $19,000,000 in fiscal	70935
year 2007 shall be used to provide additional state aid to school	70936
districts for special education students under division (C)(3) of	70937
section 3317.022 of the Revised Code; up to $2,000,000 in each	70938
fiscal year shall be reserved for Youth Services tuition payments	70939
under section 3317.024 of the Revised Code; and up to $52,000,000	70940
in each fiscal year shall be reserved to fund the state	70941
reimbursement of educational service centers under section 3317.11	70942
of the Revised Code and the section of this act entitled	70943
"EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be	70944
available for special education weighted funding under division	70945
(C)(1) of section 3317.022 and division (D)(1) of section 3317.16	70946
of the Revised Code.	70947

Of the foregoing appropriation item 200-550, Foundation	70948
Funding, an amount shall be available in each fiscal year to be	70949
used by the Department of Education for transitional aid for	70950
school districts and joint vocational school districts. Funds	70951
shall be distributed under the sections of this act entitled	70952
"TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL	70953
DISTRICTS" AND "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	70954
DISTRICTS."	70955

Of the foregoing appropriation item 200-550, Foundation	70956
Funding, up to $1,000,000 in each fiscal year shall be used by the	70957
Department of Education for a program to pay for educational	70958
services for youth who have been assigned by a juvenile court or	70959
other authorized agency to any of the facilities described in	70960
division (A) of the section of this act entitled "PRIVATE	70961
TREATMENT FACILITY PROJECT."	70962

Of the foregoing appropriation item 200-550, Foundation	70963
Funding, up to $3,700,000 in each fiscal year shall be used for	70964
school breakfast programs. Of this amount, up to $900,000 shall be	70965
used in each fiscal year by the Department of Education to	70966
contract with the Children's Hunger Alliance to expand access to	70967
child nutrition programs consistent with the organization's	70968
continued ability to meet specified performance measures as	70969
detailed in the contract. The remainder of the appropriation shall	70970
be used to partially reimburse school buildings within school	70971
districts that are required to have a school breakfast program	70972
under section 3313.813 of the Revised Code, at a rate decided by	70973
the Department.	70974

Of the foregoing appropriation item 200-550, Foundation	70975
Funding, up to $7,300,000 in fiscal year 2006 and up to $8,600,000	70976
in fiscal year 2007 shall be used to operate the school choice	70977
program in the Cleveland Municipal School District under sections	70978
3313.974 to 3313.979 of the Revised Code.	70979

Of the portion of the funds distributed to the Cleveland	70980
Municipal School District under this section, up to $11,901,887 in	70981
each fiscal year shall be used to operate the school choice	70982
program in the Cleveland Municipal School District under sections	70983
3313.974 to 3313.979 of the Revised Code.	70984

The remaining portion of appropriation item 200-550,	70985
Foundation Funding, shall be expended for the public schools of	70986
city, local, exempted village, and joint vocational school	70987
districts, including base cost funding, special education speech	70988
service enhancement funding, career-technical education weight	70989
funding, career-technical education associated service funding,	70990
guarantee funding, teacher training and experience funding,	70991
poverty-based assistance, parity aid, charge-off supplement, and	70992
excess cost supplement under sections 3317.022, 3317.023,	70993
3317.029, 3317.0212, 3317.0216, 3317.0217, and 3317.16 of the	70994
Revised Code.	70995

Appropriation items 200-502, Pupil Transportation, 200-521,	70996
Gifted Pupil Program, 200-540, Special Education Enhancements, and	70997
200-550, Foundation Funding, other than specific set-asides, are	70998
collectively used in each fiscal year to pay state formula aid	70999
obligations for school districts and joint vocational school	71000
districts under Chapter 3317. of the Revised Code. The first	71001
priority of these appropriation items, with the exception of	71002
specific set-asides, is to fund state formula aid obligations	71003
under Chapter 3317. of the Revised Code. It may be necessary to	71004
reallocate funds among these appropriation items or use excess	71005
funds from other general revenue fund appropriation items in the	71006
Department of Education's budget in each fiscal year, in order to	71007
meet state formula aid obligations. If it is determined that it is	71008
necessary to transfer funds among these appropriation items or to	71009
transfer funds from other General Revenue Fund appropriations in	71010
the Department of Education's budget to meet state formula aid	71011
obligations, the Department of Education shall seek approval from	71012
the Controlling Board to transfer funds as needed.	71013

Section 206.09.37. DISTRICT SPENDING REQUIREMENTS

71014

The Department of Education shall review district spending	71015
requirements as specified in section 3317.029 of the Revised Code	71016
and shall submit a report recommending modifications by July 1,	71017
2006. Copies of the report shall be provided to the Director of	71018
Budget and Management, the Speaker of the House of	71019
Representatives, and the President of the Senate. The	71020
recommendations shall include decreasing degrees of flexibility of	71021
spending for districts not meeting adequate progress standards as	71022
defined by the Department of Education. Recommendations shall also	71023
specifically review the definition of class size reduction in	71024
division (F)(3) of section 3317.029 of the Revised Code. The	71025
reports submitted by school districts under the section of this	71026
act entitled "INTERVENTION FUNDING" shall be used to inform these	71027
recommendations.	71028

Section 206.09.38. This section applies to fiscal year 2006	71029
only.	71030

Notwithstanding the distribution formula outlined in section	71031
3317.029 of the Revised Code, as that section exists prior to July	71032
1, 2006, the Department of Education shall pay to each school	71033
district that received a Disadvantaged Pupil Impact Aid (DPIA)	71034
allocation in fiscal year 2005 an additional two per cent in DPIA	71035
funding in fiscal year 2006 over what was received in fiscal year	71036
2005, unless the district received in fiscal year 2003 DPIA	71037
funding from the DPIA guarantee provision pursuant to division (B)	71038
of section 3317.029 of the Revised Code, as that section exists	71039
prior to July 1, 2006. For such a district, its DPIA funding in	71040
fiscal year 2006 shall equal the amount of DPIA funding the	71041
district received in fiscal year 2003.	71042

School districts shall continue to comply with all	71043
expenditure guidelines and restrictions outlined in divisions (F),	71044
(G), (I), and (K) of section 3317.029 of the Revised Code, as that	71045
section exists prior to July 1, 2006, by assuming a two per cent	71046
increase in funds for each program outlined in divisions (C), (D),	71047
and (E) of section 3317.029 of the Revised Code, as that section	71048
exists prior to July 1, 2006, and by assuming a DPIA index	71049
equivalent to the index calculated in fiscal year 2003.	71050

The Department of Education shall pay Disadvantaged Pupil	71051
Impact Aid (DPIA) in fiscal year 2006 in accordance with section	71052
3317.029 of the Revised Code, as that section exists prior to July	71053
1, 2006, to each school district that did not receive any DPIA	71054
allocation in fiscal year 2005 because its DPIA index in that	71055
fiscal year was less than 0.35 and it did not qualify for a DPIA	71056
guarantee payment. However, the Department shall calculate each	71057
such district's DPIA index and DPIA student count in fiscal year	71058
2006 based solely on Ohio Works First data certified for the	71059
district by the Department of Job and Family Services. Each	71060
district receiving payment under this paragraph shall comply with	71061
all expenditure guidelines and restrictions of section 3317.029 of	71062
the Revised Code, as that section exists prior to July 1, 2006.	71063

Notwithstanding section 3314.08 of the Revised Code, the	71064
Department shall make per pupil DPIA payments to community schools	71065
in fiscal year 2006 in the same manner prescribed for fiscal year	71066
2005 by Section 16 of Am. Sub. S.B. 2 of the 125th General	71067
Assembly, assuming a two per cent increase from the fiscal year	71068
2005 per pupil amounts. However, the Department shall make no DPIA	71069
payment to any internet- or computer-based community school, as	71070
defined in section 3314.02 of the Revised Code.	71071

Section 206.09.39. TRANSITIONAL AID FOR CITY, LOCAL, AND	71072
EXEMPTED VILLAGE SCHOOL DISTRICTS	71073

(A) The Department of Education shall distribute funds within	71074
appropriation item 200-550, Foundation Funding, for transitional	71075
aid in each fiscal year to each qualifying city, local, and	71076
exempted village school district.	71077

In fiscal years 2006 and 2007, the Department shall pay	71078
transitional aid to each city, local, or exempted village school	71079
district that experiences any decrease in its SF-3 funding plus	71080
charge-off supplement for the current fiscal year from its SF-3	71081
funding plus charge-off supplement for the previous fiscal year.	71082
The amount of the transitional aid payment shall equal the	71083
difference between the district's SF-3 funding plus charge-off	71084
supplement for the current fiscal year and its SF-3 funding plus	71085
charge-off supplement for the previous fiscal year.	71086

(B)(1) Subject to divisions (B)(2) and (3) of this section,	71087
the "SF-3 funding plus charge-off supplement" for each city,	71088
local, and exempted village school district in fiscal years 2006	71089
and 2007 equals the sum of the following:	71090

(a) Base-cost funding under division (A) of section 3317.022	71091
of the Revised Code;	71092

(b) Special education and related services additional	71093
weighted funding under division (C)(1) of section 3317.022 of the	71094
Revised Code;	71095

(c) Speech services funding under division (C)(4) of section	71096
3317.022 of the Revised Code;	71097

(d) Vocational education additional weighted funding under	71098
division (E) of section 3317.022 of the Revised Code;	71099

(e) GRADS funding under division (R) of section 3317.024 of	71100
the Revised Code;	71101

(f) Adjustments for classroom teachers and educational	71102
service personnel under divisions (B), (C), and (D) of section	71103
3317.023 of the Revised Code;	71104

(g) Poverty-Based Assistance under section 3317.029 of the	71105
Revised Code;	71106

(h) Gifted education units under section 3317.05 of the	71107
Revised Code;	71108

(i) Transportation under the section of this act entitled	71109
"PUPIL TRANSPORTATION";	71110

(j) The state aid guarantee under section 3317.0212 of the	71111
Revised Code;	71112

(k) The excess cost supplement under division (F) of section	71113
3317.022 of the Revised Code;	71114

(l) Parity aid under section 3317.0217 of the Revised Code;

71115

(m) The reappraisal guarantee under division (C) of section	71116
3317.04 of the Revised Code;	71117

(n) The charge-off supplement under section 3317.0216 of the	71118
Revised Code.	71119

(2) For purposes of calculating transitional aid in fiscal	71120
year 2006, a district's fiscal year 2005 SF-3 funding plus	71121
charge-off supplement is the sum of the amounts described in	71122
divisions (A) to (O) of Section 41.37 of Am. Sub. H.B. 95 of the	71123
125th General Assembly, as amended, plus any transitional aid paid	71124
to the district under that section, that the district actually	71125
received in fiscal year 2005. For purposes of calculating	71126
transitional aid in fiscal year 2007, a district's fiscal year	71127
2006 SF-3 funding plus charge-off supplement is the sum of the	71128
amounts described in divisions (B)(1)(a) to (n) of this section,	71129
plus any transitional aid paid to the district under this section,	71130
that the district actually received in fiscal year 2006.	71131

(3) The SF-3 funding plus charge-off supplement in each	71132
fiscal year for each district is the sum of the amounts specified	71133
in divisions (B)(1)(a) to (n) and (B)(2) of this section less any	71134
general revenue fund spending reductions ordered by the Governor	71135
under section 126.05 of the Revised Code.	71136

(C)(1) When calculating the reappraisal guarantee under	71137
division (C) or (D) of section 3317.04 of the Revised Code in	71138
fiscal year 2006, the Department shall include in a school	71139
district's fiscal year 2005 payments any transitional aid paid to	71140
the district in fiscal year 2005 under Section 41.37 of Am. Sub.	71141
H.B. 95 of the 125th General Assembly, as amended.	71142

(2) When calculating the reappraisal guarantee under division	71143
(C) or (D) of section 3317.04 of the Revised Code in fiscal year	71144
2007, the Department shall include in a school district's fiscal	71145
year 2006 payments any transitional aid paid to the district in	71146
fiscal year 2006 under this section.	71147

(3) When calculating the reappraisal guarantee under division	71148
(C) or (D) of section 3317.04 of the Revised Code in fiscal year	71149
2008, the Department shall include in a school district's fiscal	71150
year 2007 payments any transitional aid paid to the district in	71151
fiscal year 2007 under this section.	71152

Section 206.09.42. TRANSITIONAL AID FOR JOINT VOCATIONAL	71153
SCHOOL DISTRICTS	71154

(A) The Department of Education shall distribute funds within	71155
appropriation item 200-550, Foundation Funding, for transitional	71156
aid in fiscal year 2007 to each joint vocational school district	71157
that experiences a decrease in its joint vocational funding for	71158
fiscal year 2007 exceeding 5% of its joint vocational funding for	71159
fiscal year 2006. The Department shall distribute to each such	71160
district transitional aid in an amount to reduce the decrease to	71161
5% of the district's joint vocational funding for fiscal year	71162
2006.	71163

The Department shall make no payments under this section in	71164
fiscal year 2006.	71165

(B)(1) Subject to divisions (B)(2) and (3) of this section, a	71166
district's joint vocational funding equals the sum of the	71167
following:	71168

(a) Base-cost funding under division (B) of section 3317.16	71169
of the Revised Code;	71170

(b) Special education and related services additional	71171
weighted funding under division (D)(1) of section 3317.16 of the	71172
Revised Code;	71173

(c) Speech services funding under division (D)(2) of section	71174
3317.16 of the Revised Code;	71175

(d) Vocational education additional weighted funding under	71176
division (C) of section 3317.16 of the Revised Code;	71177

(e) GRADS funding under division (R) of section 3317.024 of	71178
the Revised Code;	71179

(f) The state aid guarantee under division (H) of section	71180
3317.16 of the Revised Code.	71181

(2) For purposes of calculating transitional aid in fiscal	71182
year 2007, a district's fiscal year 2006 joint vocational funding	71183
is the sum of the amounts described in divisions (B)(1)(a) to (f)	71184
of this section, plus any transitional aid paid to the district	71185
under this section, that the district actually received in fiscal	71186
year 2006.	71187

(3) The joint vocational funding in each fiscal year for each	71188
district is the sum of the amounts specified in divisions	71189
(B)(1)(a) to (f) and (B)(2) of this section less any general	71190
revenue fund spending reductions ordered by the Governor under	71191
section 126.05 of the Revised Code.	71192

EMERGENCY LOAN INTEREST SUBSIDY

71193

The foregoing appropriation item 200-558, Emergency Loan	71194
Interest Subsidy, shall be used to provide a subsidy to school	71195
districts receiving emergency school loans pursuant to section	71196
3313.484 of the Revised Code. The subsidy shall be used to pay	71197
these districts the difference between the amount of interest the	71198
district is paying on an emergency loan, and the interest that the	71199
district would have paid if the interest rate on the loan had been	71200
two per cent.	71201

Section 206.09.45. READING/WRITING IMPROVEMENT-CLASSROOM	71202
GRANTS	71203

The foregoing appropriation item 200-566, Reading/Writing	71204
Improvement-Classroom Grants, shall be disbursed by the Department	71205
of Education to provide reading improvement grants to public	71206
schools in city, local, and exempted village school districts;	71207
community schools; and educational service centers serving	71208
kindergarten through twelfth grade students to help struggling	71209
students improve their reading skills, improve reading outcomes in	71210
low-performing schools, and help close achievement gaps.	71211

SAFE AND SUPPORTIVE SCHOOLS

71212

Of the foregoing appropriation item 200-578, Safe and	71213
Supportive Schools, up to $224,250 in each fiscal year shall be	71214
used to fund a safe school center to provide resources for parents	71215
and for school and law enforcement personnel.	71216

The remainder of the appropriation shall be distributed based	71217
on guidelines developed by the Department of Education to enhance	71218
school safety. The guidelines shall provide a list of	71219
research-based best practices and programs from which local	71220
grantees shall select based on local needs. These practices shall	71221
include, but not be limited to, school resource officers and safe	71222
and drug free school coordinators and social-emotional development	71223
programs.	71224

Section 206.09.48. PROPERTY TAX ALLOCATION - EDUCATION

71225

The Superintendent of Public Instruction shall not request,	71226
and the Controlling Board shall not approve, the transfer of funds	71227
from appropriation item 200-901, Property Tax Allocation -	71228
Education, to any other appropriation item.	71229

The appropriation item 200-901, Property Tax Allocation -	71230
Education, is appropriated to pay for the state's costs incurred	71231
because of the homestead exemption and the property tax rollback.	71232
In cooperation with the Department of Taxation, the Department of	71233
Education shall distribute these funds directly to the appropriate	71234
school districts of the state, notwithstanding sections 321.24 and	71235
323.156 of the Revised Code, which provide for payment of the	71236
homestead exemption and property tax rollback by the Tax	71237
Commissioner to the appropriate county treasurer and the	71238
subsequent redistribution of these funds to the appropriate local	71239
taxing districts by the county auditor.	71240

Appropriation item 200-906, Tangible Tax Exemption -	71241
Education, is appropriated to pay for the state's costs incurred	71242
because of the tangible personal property tax exemption required	71243
by division (C)(3) of section 5709.01 of the Revised Code. In	71244
cooperation with the Department of Taxation, the Department of	71245
Education shall distribute to each county treasurer the total	71246
amount appearing in the notification from the county treasurer	71247
under division (G) of section 321.24 of the Revised Code, for all	71248
school districts located in the county, notwithstanding section	71249
321.24 of the Revised Code insofar as it provides for payment of	71250
the $10,000 tangible personal property tax exemption by the Tax	71251
Commissioner to the appropriate county treasurer for all local	71252
taxing districts located in the county. Pursuant to division (G)	71253
of section 321.24 of the Revised Code, the county auditor shall	71254
distribute the amount paid by the Department of Education among	71255
the appropriate school districts.	71256

Upon receipt of these amounts, each school district shall	71257
distribute the amount among the proper funds as if it had been	71258
paid as real or tangible personal property taxes. Payments for the	71259
costs of administration shall continue to be paid to the county	71260
treasurer and county auditor as provided for in sections 319.54,	71261
321.26, and 323.156 of the Revised Code.	71262

Any sums, in addition to the amounts specifically	71263
appropriated in appropriation items 200-901, Property Tax	71264
Allocation - Education, for the homestead exemption and the	71265
property tax rollback payments, and 200-906, Tangible Tax	71266
Exemption - Education, for the $10,000 tangible personal property	71267
tax exemption payments, which are determined to be necessary for	71268
these purposes, are hereby appropriated.	71269

Section 206.09.51. TEACHER CERTIFICATION AND LICENSURE

71270

The foregoing appropriation item 200-681, Teacher	71271
Certification and Licensure, shall be used by the Department of	71272
Education in each year of the biennium to administer and support	71273
teacher certification and licensure activities.	71274

SCHOOL DISTRICT SOLVENCY ASSISTANCE

71275

Of the foregoing appropriation item 200-687, School District	71276
Solvency Assistance, $9,000,000 in each fiscal year shall be	71277
allocated to the School District Shared Resource Account and	71278
$9,000,000 in each fiscal year shall be allocated to the	71279
Catastrophic Expenditures Account. These funds shall be used to	71280
provide assistance and grants to school districts to enable them	71281
to remain solvent under section 3316.20 of the Revised Code.	71282
Assistance and grants shall be subject to approval by the	71283
Controlling Board. Any required reimbursements from school	71284
districts for solvency assistance shall be made to the appropriate	71285
account in the School District Solvency Assistance Fund (Fund	71286
5H3).	71287

Notwithstanding any provision of law to the contrary, upon	71288
the request of the Superintendent of Public Instruction, the	71289
Director of Budget and Management may make transfers to the School	71290
District Solvency Assistance Fund (Fund 5H3) from any Department	71291
of Education-administered fund or the General Revenue Fund to	71292
maintain sufficient cash balances in the School District Solvency	71293
Assistance Fund (Fund 5H3) in fiscal years 2006 and 2007. Any	71294
funds transferred are hereby appropriated. The transferred funds	71295
may be used by the Department of Education to provide assistance	71296
and grants to school districts to enable them to remain solvent	71297
and to pay unforeseeable expenses of a temporary or emergency	71298
nature that the school district is unable to pay from existing	71299
resources. The Director of Budget and Management shall notify the	71300
members of the Controlling Board of any such transfers.	71301

READING FIRST

71302

The foregoing appropriation item 200-632, Reading First,	71303
shall be used by school districts to administer federal diagnostic	71304
tests as well as other functions permitted by federal statute.	71305
Notwithstanding section 3301.079 of the Revised Code, federal	71306
diagnostic tests may be recognized as meeting the state diagnostic	71307
testing requirements outlined in section 3301.079 of the Revised	71308
Code.	71309

HALF-MILL MAINTENANCE EQUALIZATION

71310

The foregoing appropriation item 200-626, Half-Mill	71311
Maintenance Equalization, shall be used in fiscal year 2007 to	71312
make payments pursuant to section 3318.111 of the Revised Code.	71313

Section 206.09.54. EARLY LEARNING INITIATIVE

71314

(A) As used in this section:

71315

(1) "Title IV-A services" means benefits and services that	71316
are allowable under Title IV-A of the "Social Security Act," as	71317
specified in 42 U.S.C. 604(a), except that they shall not be	71318
benefits and services included in the term "assistance" as defined	71319
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	71320
excluded from the definition of the term "assistance" under 45	71321
C.F.R. 260.31(b).	71322

(2) "Title IV-A funds" means funds provided under the	71323
temporary assistance for needy families block grant established by	71324
Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42	71325
U.S.C. 601, as amended.	71326

(3) "Child care" has the same meaning as in section 5104.01	71327
of the Revised Code.	71328

(4) "Eligible child" means a child eligible for Title IV-A	71329
services whose family income does not exceed one hundred	71330
eighty-five per cent of the federal poverty line.	71331

(5) "Early learning program" means a program for eligible	71332
children that is funded with Title IV-A funds and provides Title	71333
IV-A services that are both of the following:	71334

(a) Early learning services, as defined by the Department of	71335
Education pursuant to division (C)(1) of this section;	71336

(b) Child care.

71337

(6) "Early learning provider" means an entity that is	71338
receiving Title IV-A funds to operate an early learning program.	71339

(7) "Early learning agency" means an early learning provider	71340
or an entity that has entered into an agreement with an early	71341
learning provider requiring the early learning provider to operate	71342
an early learning program on behalf of the entity.	71343

(8) "Federal poverty line" has the same meaning as in section	71344
5104.01 of the Revised Code.	71345

(B) The Early Learning Initiative is hereby established. The	71346
Initiative shall be administered by the Department of Education	71347
and the Department of Job and Family Services in accordance with	71348
sections 5101.80 and 5101.801 of the Revised Code. The Initiative	71349
shall provide early learning programs and child care to eligible	71350
children.	71351

(C) The Department of Education shall do all of the	71352
following:	71353

(1) Define the early learning services that will be provided	71354
to eligible children through the Early Learning Initiative;	71355

(2) In consultation with the Department of Job and Family	71356
Services, develop an application form and criteria for the	71357
selection of early learning agencies. The criteria shall require	71358
an early learning agency, or each early learning provider with	71359
which the agency has entered into an agreement for the operation	71360
of an early learning program on the agency's behalf, to be	71361
licensed or certified by the Department of Education under	71362
sections 3301.52 to 3301.59 of the Revised Code or by the	71363
Department of Job and Family Services under Chapter 5104. of the	71364
Revised Code.	71365

(3) Establish early learning program guidelines for school	71366
readiness to assess the operation of early learning programs. The	71367
standards shall incorporate academic performance data of	71368
participating children to evaluate their preparedness for	71369
kindergarten upon completion of an early learning program.	71370

(D) Any entity that seeks to be an early learning agency	71371
shall apply to the Department of Education by a deadline	71372
established by the Department. The Department of Education shall	71373
select entities that meet the criteria established under division	71374
(C)(2) of this section to be early learning agencies. Upon	71375
selection of an entity to be an early learning agency, the	71376
Department of Education shall designate the number of eligible	71377
children the agency will serve. The Department of Education shall	71378
notify the Office of Budget and Management and the Department of	71379
Job and Family Services of the number so designated.	71380

(E) The Department of Education and the Department of Job and	71381
Family Services shall enter into a contract with each early	71382
learning agency selected under division (D) of this section. The	71383
contract shall outline the terms and conditions applicable to the	71384
provision of Title IV-A services for eligible children and shall	71385
include at least the following:	71386

(1) The respective duties of the early learning agency, the	71387
Department of Education, and the Department of Job and Family	71388
Services;	71389

(2) Requirements applicable to the allowable use of and	71390
accountability for Title IV-A funds;	71391

(3) A requirement that the amount used by the early learning	71392
agency for development and administrative costs shall not exceed	71393
fifteen per cent of the total approved costs for the early	71394
learning program;	71395

(4) Reporting requirements;

71396

(5) The reimbursement methodology, including a requirement	71397
that reimbursement shall be based upon the weekly attendance rate	71398
of each eligible child;	71399

(6) Audit requirements;

71400

(7) Provisions for suspending, modifying, or terminating the	71401
contract;	71402

(8) A requirement that a child enrolled in a Head Start Plus	71403
program during fiscal year 2005 be given higher priority if the	71404
child is an eligible child and enrolls in an early learning	71405
program.	71406

The requirements of section 127.16 of the Revised Code do not	71407
apply to contracts entered into under this section.	71408

(F) If an early learning agency, or an early learning	71409
provider operating an early learning program on the agency's	71410
behalf, substantially fails to meet the early learning program	71411
guidelines for school readiness or exhibits below average	71412
performance, as determined by the Department of Education, the	71413
agency shall develop and implement a corrective action plan. The	71414
Department of Education shall approve the corrective action plan	71415
prior to implementation.	71416

(G) If an early learning agency fails to implement a	71417
corrective action plan under division (F) of this section, the	71418
Department of Education may direct the Department of Job and	71419
Family Services to withhold funding from the agency or either the	71420
Department of Education or the Department of Job and Family	71421
Services may suspend or terminate the contract with the agency.	71422

(H) Of the foregoing appropriation item 200-663, Early	71423
Learning Initiative, up to $2,200,000 in each fiscal year may be	71424
used by the Department of Education to perform administrative	71425
functions for the Early Learning Initiative. The Director of	71426
Budget and Management may transfer appropriation, as needed, from	71427
the Department of Education, appropriation item 200-663, Early	71428
Learning Initiative in Fund 5W2, to the Department of Job and	71429
Family Services, appropriation item 600-689, TANF Block Grant in	71430
Fund 3V6, for the successful operation of the Early Learning	71431
Initiative. This transfer shall take place not less than fifteen	71432
days after the Department of Education has provided the Office of	71433
Budget and Management and the Department of Job and Family	71434
Services its determination as to the number of children to be	71435
served by each early learning agency under division (D) of this	71436
section. The appropriation transferred is hereby authorized.	71437

Section 206.09.55. AUXILIARY SERVICES REIMBURSEMENT

71438

Notwithstanding section 3317.064 of the Revised Code, if the	71439
unobligated cash balance is sufficient, the Treasurer of State	71440
shall transfer $1,500,000 in fiscal year 2006 within thirty days	71441
after the effective date of this section, and $1,500,000 in fiscal	71442
year 2007 by August 1, 2006, from the Auxiliary Services Personnel	71443
Unemployment Compensation Fund to the Department of Education's	71444
Auxiliary Services Reimbursement Fund (Fund 598).	71445

Section 206.09.57. LOTTERY PROFITS EDUCATION FUND

71446

Appropriation item 200-612, Foundation Funding (Fund 017),	71447
shall be used in conjunction with appropriation item 200-550,	71448
Foundation Funding (GRF), to provide payments to school districts	71449
under Chapter 3317. of the Revised Code.	71450

The Department of Education, with the approval of the	71451
Director of Budget and Management, shall determine the monthly	71452
distribution schedules of appropriation item 200-550, Foundation	71453
Funding (GRF), and appropriation item 200-612, Foundation Funding	71454
(Fund 017). If adjustments to the monthly distribution schedule	71455
are necessary, the Department of Education shall make such	71456
adjustments with the approval of the Director of Budget and	71457
Management.	71458

The Director of Budget and Management shall transfer via	71459
intrastate transfer voucher the amount appropriated under the	71460
Lottery Profits Education Fund for appropriation item 200-682,	71461
Lease Rental Payment Reimbursement, to the General Revenue Fund on	71462
a schedule determined by the director. These funds shall support	71463
the appropriation item 230-428, Lease Rental Payments (GRF), of	71464
the School Facilities Commission.	71465

Section 206.09.60. LOTTERY PROFITS EDUCATION RESERVE FUND

71466

(A) There is hereby created the Lottery Profits Education	71467
Reserve Fund (Fund 018) in the State Treasury. Investment earnings	71468
of the Lottery Profits Education Reserve Fund shall be credited to	71469
the fund. The Superintendent of Public Instruction may certify	71470
cash balances exceeding $75,000,000 in the Lottery Profits	71471
Education Reserve Fund (Fund 018) to the Director of Budget and	71472
Management in June of any given fiscal year. Prior to making the	71473
certification, the Superintendent of Public Instruction shall	71474
determine whether the funds above the $75,000,000 threshold are	71475
needed to help pay for foundation program obligations for that	71476
fiscal year under Chapter 3317. of the Revised Code. If those	71477
funds are needed for the foundation program, the Superintendent of	71478
Public Instruction shall notify and consult with the Director of	71479
Budget and Management to determine the amount that may be	71480
transferred to the Public School Building Fund (Fund 021). Upon	71481
this determination, the Director of Budget and Management shall	71482
transfer the amount from the Lottery Profits Education Reserve	71483
Fund (Fund 018) to the Public School Building Fund (Fund 021). The	71484
amount transferred is hereby appropriated to appropriation item	71485
CAP-622, Public School Buildings.	71486

For fiscal years 2006 and 2007, notwithstanding any	71487
provisions of law to the contrary, amounts necessary to make loans	71488
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	71489
Revised Code are hereby appropriated to the Lottery Profits	71490
Education Reserve Fund (Fund 018). Loan repayments from loans made	71491
in previous years shall be deposited to the fund.	71492

(B) On July 15, 2005, or as soon as possible thereafter, the	71493
Director of the Ohio Lottery Commission shall certify to the	71494
Director of Budget and Management the amount by which lottery	71495
profit transfers received by the Lottery Profits Education Fund	71496
(Fund 017) exceeded $637,900,000 in fiscal year 2005. The Director	71497
of Budget and Management shall transfer the amount so certified,	71498
plus the cash balance in Fund 017, to the Lottery Profits	71499
Education Reserve Fund (Fund 018).	71500

(C) On July 15, 2006, or as soon as possible thereafter, the	71501
Director of the Ohio Lottery Commission shall certify to the	71502
Director of Budget and Management the amount by which lottery	71503
profit transfers received by the Lottery Profits Education Fund	71504
(Fund 017) exceeded $637,900,000 in fiscal year 2006. The Director	71505
of Budget and Management shall transfer the amount so certified,	71506
plus the cash balance in Fund 017, to the Lottery profits	71507
Education Reserve Fund (Fund 018).	71508

(D) Any amounts transferred under division (B) or (C) of this	71509
section may be made available by the Controlling Board in fiscal	71510
years 2006 or 2007, at the request of the Superintendent of Public	71511
Instruction, to provide assistance and grants to school districts	71512
to enable them to remain solvent and to pay unforeseeable expenses	71513
of a temporary or emergency nature that they are unable to pay	71514
from existing resources under section 3316.20 of the Revised Code,	71515
and to provide payments to school districts under Chapter 3317. of	71516
the Revised Code.	71517

Section 206.09.61. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	71518
DISTRICT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 047)	71519

Notwithstanding any provision of law to the contrary, the	71520
Director of Budget and Management shall transfer $10,010,000 in	71521
fiscal year 2006 and $70,210,000 in fiscal year 2007 from the	71522
General Revenue Fund to appropriation item 200-900, School	71523
District Property Tax Replacement – Business (Fund 047) in the	71524
Department of Education. The funds shall be used to reimburse	71525
school districts and joint vocational districts under section	71526
5751.21 of the Revised Code.	71527

Section 206.09.63. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	71528
BUSINESS	71529

The foregoing appropriation item, 200-900, School District	71530
Property Tax Replacement – Business, in Fund 047, shall be used by	71531
the Department of Education, in consultation with the Department	71532
of Taxation, to make payments to school districts and joint	71533
vocational school districts under section 5751.21 of the Revised	71534
Code.	71535

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

71536

The foregoing appropriation item 200-900, School District	71537
Property Tax Replacement-Utility, in Fund 053, shall be used by	71538
the Department of Education, in consultation with the Department	71539
of Taxation, to make payments to school districts and joint	71540
vocational school districts under section 5727.85 of the Revised	71541
Code.	71542

* Section 206.09.66. DISTRIBUTION FORMULAS

71543

The Department of Education shall report the following to the	71544
Director of Budget and Management, the Legislative Office of	71545
Education Oversight, and the Legislative Service Commission:	71546

(A) Changes in formulas for distributing state	71547
appropriations, including administratively defined formula	71548
factors;	71549

(B) Discretionary changes in formulas for distributing	71550
federal appropriations;	71551

(C) Federally mandated changes in formulas for distributing	71552
federal appropriations.	71553

Any such changes shall be reported two weeks prior to the	71554
effective date of the change.	71555

Section 206.09.69. EDUCATIONAL SERVICE CENTERS FUNDING

71556

(A) As used in this section:

71557

(1) "Internet- or computer-based community school" has the	71558
same meaning as in section 3314.02 of the Revised Code.	71559

(2) "Service center ADM" has the same meaning as in section	71560
3317.11 of the Revised Code.	71561

(B) Notwithstanding division (F) of section 3317.11 of the	71562
Revised Code, no funds shall be provided under that division to an	71563
educational service center in either fiscal year for any pupils of	71564
a city or exempted village school district unless an agreement to	71565
provide services under section 3313.843 of the Revised Code was	71566
entered into by January 1, 1997, except that funds shall be	71567
provided to an educational service center for any pupils of a city	71568
school district if the agreement to provide services was entered	71569
into within one year of the date upon which such district changed	71570
from a local school district to a city school district.	71571

(C) Notwithstanding any provision of the Revised Code to the	71572
contrary, an educational service center that sponsors a community	71573
school under Chapter 3314. of the Revised Code in either fiscal	71574
year may include the students of that community school in its	71575
service center ADM for purposes of state funding under division	71576
(F) of section 3317.11 of the Revised Code, unless the community	71577
school is an Internet- or computer-based community school. A	71578
service center shall include the community school students in its	71579
service center ADM only to the extent that the students are not	71580
already so included, and only in accordance with guidelines issued	71581
by the Department of Education. If the students of a community	71582
school sponsored by an educational service center are included in	71583
the service center ADM of another educational service center,	71584
those students shall be removed from the service center ADM of the	71585
other educational service center and added to the service center	71586
ADM of the community school's sponsoring service center. The	71587
General Assembly authorizes this procedure as an incentive for	71588
educational service centers to take over sponsorship of community	71589
schools from the State Board of Education as the State Board's	71590
sponsorship is phased out in accordance with Sub. H.B. 364 of the	71591
124th General Assembly. No student of an Internet- or	71592
computer-based community school shall be counted in the service	71593
center ADM of any educational service center. The Department shall	71594
pay educational service centers under division (F) of section	71595
3317.11 of the Revised Code for community school students included	71596
in their service center ADMs under this division only if	71597
sufficient funds earmarked within appropriation item 200-550,	71598
Foundation Funding, for payments under that division remain after	71599
first paying for students attributable to their local and client	71600
school districts, in accordance with divisions (B) and (D) of this	71601
section.	71602

(D) If insufficient funds are earmarked within appropriation	71603
item 200-550, Foundation Funding, for payments under division (F)	71604
of section 3317.11 of the Revised Code and division (C) of this	71605
section in fiscal year 2006 or fiscal year 2007, the Department	71606
shall prioritize the distribution of the earmarked funds as	71607
follows:	71608

(1) The Department shall first distribute to each educational	71609
service center the per-student amount specified in division (F) of	71610
section 3317.11 of the Revised Code for each student in its	71611
service center ADM attributable to the local school districts	71612
within the service center's territory.	71613

(2) The Department shall distribute the remaining funds in	71614
each fiscal year to each educational service center for the	71615
students in its service center ADM attributable to each city and	71616
exempted village school district that had entered into an	71617
agreement with an educational service center for that fiscal year	71618
under section 3313.843 of the Revised Code by January 1, 1997, up	71619
to the per-student amount specified in division (F) of section	71620
3317.11 of the Revised Code. If insufficient funds remain to pay	71621
each service center the full amount specified in division (F) of	71622
that section for each such student, the Department shall	71623
distribute the remaining funds to each service center	71624
proportionally, on a per-student basis for each such student,	71625
unless that proportional per-student amount exceeds the amount	71626
specified in division (F)(1) of that section. In that case, the	71627
Department shall distribute the per-student amount specified in	71628
division (F)(1) of that section to each service center for each	71629
such student and shall distribute the remainder proportionally, on	71630
a per-student basis for each such student, to the multi-county	71631
service centers described in division (F)(2) of that section.	71632

(3) If the Department has paid each service center under	71633
divisions (D)(1) and (2) of this section, the full amount	71634
specified in division (F) of section 3317.11 of the Revised Code	71635
for each student attributable to its local school districts and	71636
its client school districts described in division (D)(2) of this	71637
section the Department shall distribute any remaining funds	71638
proportionally, on a per-student basis, to each service center	71639
that sponsors a community school, other than an Internet- or	71640
computer-based community school, for the students included in the	71641
service center ADM under division (C) of this section. These	71642
payments shall not exceed per student the amount specified in	71643
division (F) of section 3317.11 of the Revised Code.	71644

* Section 206.09.72. For the school year commencing July 1,	71645
2005, or the school year commencing July 1, 2006, or both, the	71646
Superintendent of Public Instruction may waive for the board of	71647
education of any school district the ratio of teachers to pupils	71648
in kindergarten through fourth grade required under paragraph	71649
(A)(3) of rule 3301-35-05 of the Administrative Code if the	71650
following conditions apply:	71651

(A) The board of education requests the waiver.

71652

(B) After the Department of Education conducts an on-site	71653
evaluation of the district related to meeting the required ratio,	71654
the board of education demonstrates to the satisfaction of the	71655
Superintendent of Public Instruction that providing the facilities	71656
necessary to meet the required ratio during the district's regular	71657
school hours with pupils in attendance would impose an extreme	71658
hardship on the district.	71659

(C) The board of education provides assurances that are	71660
satisfactory to the Superintendent of Public Instruction that the	71661
board will act in good faith to meet the required ratio as soon as	71662
possible.	71663

Section 206.09.75. PRIVATE TREATMENT FACILITY PROJECT

71664

(A) As used in this section:

71665

(1) The following are "participating residential treatment	71666
centers":	71667

(a) Private residential treatment facilities that have	71668
entered into a contract with the Department of Youth Services to	71669
provide services to children placed at the facility by the	71670
Department and which, in fiscal year 2006 or fiscal year 2007 or	71671
both, the Department pays through appropriation item 470-401, Care	71672
and Custody;	71673

(b) Abraxas, in Shelby;

71674

71675

(d) Act One, in Akron;

71676

(e) Friars Club, in Cincinnati.

71677

(2) "Education program" means an elementary or secondary	71678
education program or a special education program and related	71679
services.	71680

(3) "Served child" means any child receiving an education	71681
program pursuant to division (B) of this section.	71682

(4) "School district responsible for tuition" means a city,	71683
exempted village, or local school district that, if tuition	71684
payment for a child by a school district is required under law	71685
that existed in fiscal year 1998, is the school district required	71686
to pay that tuition.	71687

(5) "Residential child" means a child who resides in a	71688
participating residential treatment center and who is receiving an	71689
educational program under division (B) of this section.	71690

(B) A youth who is a resident of the state and has been	71691
assigned by a juvenile court or other authorized agency to a	71692
residential treatment facility specified in division (A) of this	71693
section shall be enrolled in an approved educational program	71694
located in or near the facility. Approval of the educational	71695
program shall be contingent upon compliance with the criteria	71696
established for such programs by the Department of Education. The	71697
educational program shall be provided by a school district or	71698
educational service center, or by the residential facility itself.	71699
Maximum flexibility shall be given to the residential treatment	71700
facility to determine the provider. In the event that a voluntary	71701
agreement cannot be reached and the residential facility does not	71702
choose to provide the educational program, the educational service	71703
center in the county in which the facility is located shall	71704
provide the educational program at the treatment center to	71705
children under twenty-two years of age residing in the treatment	71706
center.	71707

(C) Any school district responsible for tuition for a	71708
residential child shall, notwithstanding any conflicting provision	71709
of the Revised Code regarding tuition payment, pay tuition for the	71710
child for fiscal year 2006 and fiscal year 2007 to the education	71711
program provider and in the amount specified in this division. If	71712
there is no school district responsible for tuition for a	71713
residential child and if the participating residential treatment	71714
center to which the child is assigned is located in the city,	71715
exempted village, or local school district that, if the child were	71716
not a resident of that treatment center, would be the school	71717
district where the child is entitled to attend school under	71718
sections 3313.64 and 3313.65 of the Revised Code, that school	71719
district, notwithstanding any conflicting provision of the Revised	71720
Code, shall pay tuition for the child for fiscal year 2006 and	71721
fiscal year 2007 under this division unless that school district	71722
is providing the educational program to the child under division	71723
(B) of this section.	71724

A tuition payment under this division shall be made to the	71725
school district, educational service center, or residential	71726
treatment facility providing the educational program to the child.	71727

The amount of tuition paid shall be:

71728

(1) The amount of tuition determined for the district under	71729
division (A) of section 3317.08 of the Revised Code;	71730

(2) In addition, for any student receiving special education	71731
pursuant to an individualized education program as defined in	71732
section 3323.01 of the Revised Code, a payment for excess costs.	71733
This payment shall equal the actual cost to the school district,	71734
educational service center, or residential treatment facility of	71735
providing special education and related services to the student	71736
pursuant to the student's individualized education program, minus	71737
the tuition paid for the child under division (C)(1) of this	71738
section.	71739

A school district paying tuition under this division shall	71740
not include the child for whom tuition is paid in the district's	71741
average daily membership certified under division (A) of section	71742
3317.03 of the Revised Code.	71743

(D) In each of fiscal years 2006 and 2007, the Department of	71744
Education shall reimburse, from appropriations made for the	71745
purpose, a school district, educational service center, or	71746
residential treatment facility, whichever is providing the	71747
service, that has demonstrated that it is in compliance with the	71748
funding criteria for each served child for whom a school district	71749
must pay tuition under division (C) of this section. The amount of	71750
the reimbursement shall be the formula amount specified in section	71751
3317.022 of the Revised Code, except that the department shall	71752
proportionately reduce this reimbursement if sufficient funds are	71753
not available to pay this amount to all qualified providers.	71754

(E) Funds provided to a school district, educational service	71755
center, or residential treatment facility under this section shall	71756
be used to supplement, not supplant, funds from other public	71757
sources for which the school district, service center, or	71758
residential treatment facility is entitled or eligible.	71759

(F) The Department of Education shall track the utilization	71760
of funds provided to school districts, educational service	71761
centers, and residential treatment facilities under this section	71762
and monitor the effect of the funding on the educational programs	71763
they provide in participating residential treatment facilities.	71764
The department shall monitor the programs for educational	71765
accountability.	71766

Section 206.09.78. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	71767
ASSESSMENT OF EDUCATION PROGRESS	71768

The General Assembly intends for the Superintendent of Public	71769
Instruction to provide for school district participation in the	71770
administration of the National Assessment of Education Progress in	71771
accordance with section 3301.27 of the Revised Code. Each school	71772
and school district selected for participation by the	71773
Superintendent of Public Instruction shall participate.	71774

Section 206.09.81. DEPARTMENT OF EDUCATION APPROPRIATION	71775
TRANSFERS FOR STUDENT ASSESSMENT	71776

In fiscal year 2006 and fiscal year 2007, if the	71777
Superintendent of Public Instruction determines that additional	71778
funds are needed to fully fund the requirements of Am. Sub. H.B. 3	71779
of the 125th General Assembly for assessments of student	71780
performance, the Superintendent of Public Instruction may	71781
recommend the reallocation of unspent and unencumbered	71782
appropriations within the Department of Education to the General	71783
Revenue Fund appropriation item 200-437, Student Assessment, to	71784
the Director of Budget and Management. If the Director of Budget	71785
and Management determines that such a reallocation is required,	71786
the Director of Budget and Management may transfer unspent and	71787
unencumbered funds within the Department of Education as necessary	71788
to appropriation item 200-437, Student Assessment.	71789

Section 206.09.84. (A) As used in this section:

71790

(1) "Entitled to attend school" means entitled to attend	71791
school in a school district under section 3313.64 and 3313.65 of	71792
the Revised Code.	71793

(2) "Formula ADM" and "category six special education ADM"	71794
have the same meanings as in section 3317.02 of the Revised Code.	71795

(3) "Individualized education program" has the same meaning	71796
as in section 3323.01 of the Revised Code.	71797

(4) "Parent" has the same meaning as in section 3313.64 of	71798
the Revised Code.	71799

(5) "Qualified special education child" is a child for whom	71800
all of the following conditions apply:	71801

(a) The school district in which the child is entitled to	71802
attend school has identified the child as autistic.	71803

(b) The school district in which the child is entitled to	71804
attend school has developed an individualized education program	71805
under Chapter 3323. of the Revised Code for the child.	71806

71807

(i) Was enrolled in the school district in which the child is	71808
entitled to attend school in any grade from preschool through	71809
twelve in the school year prior to the year in which a scholarship	71810
under this section is first sought for the child; or	71811

(ii) Is eligible to enter school in any grade preschool	71812
through twelve in the school district in which the child is	71813
entitled to attend school in the school year in which a	71814
scholarship under this section is first sought for the child.	71815

(6) "Registered private provider" means a nonpublic school or	71816
other nonpublic entity that has been approved by the Department of	71817
Education to participate in the program established under this	71818
section.	71819

(B) There is hereby established the Pilot Project Special	71820
Education Scholarship Program. Under the program, in fiscal years	71821
2006 and 2007, the Department of Education shall pay a scholarship	71822
to the parent of each qualified special education child upon	71823
application of that parent pursuant to procedures and deadlines	71824
established by rule of the State Board of Education. Each	71825
scholarship shall be used only to pay tuition for the child on	71826
whose behalf the scholarship is awarded to attend a special	71827
education program that implements the child's individualized	71828
education program and that is operated by a school district other	71829
than the school district in which the child is entitled to attend	71830
school, by another public entity, or by a registered private	71831
provider. Each scholarship shall be in an amount not to exceed the	71832
lesser of the tuition charged for the child by the special	71833
education program or twenty thousand dollars. The purpose of the	71834
scholarship is to permit the parent of a qualified special	71835
education child the choice to send the child to a special	71836
education program, instead of the one operated by or for the	71837
school district in which the child is entitled to attend school,	71838
to receive the services prescribed in the child's individualized	71839
education program once the individualized education program is	71840
finalized. A scholarship under this section shall not be awarded	71841
to the parent of a child while the child's individualized	71842
education program is being developed by the school district in	71843
which the child is entitled to attend school, or while any	71844
administrative or judicial mediation or proceedings with respect	71845
to the content of the child's individualized education program are	71846
pending. A scholarship under this section shall not be used for a	71847
child to attend a public special education program that operates	71848
under a contract, compact, or other bilateral agreement between	71849
the school district in which the child is entitled to attend	71850
school and another school district or other public provider, or	71851
for a child to attend a community school established under Chapter	71852
3314. of the Revised Code. However, nothing in this section or in	71853
any rule adopted by the State Board of Education shall prohibit a	71854
parent whose child attends a public special education program	71855
under a contract, compact, or other bilateral agreement, or a	71856
parent whose child attends a community school, from applying for	71857
and accepting a scholarship under this section so that the parent	71858
may withdraw the child from that program or community school and	71859
use the scholarship for the child to attend a special education	71860
program for which the parent is required to pay for services for	71861
the child. A child attending a special education program with a	71862
scholarship under this section shall continue to be entitled to	71863
transportation to and from that program in the manner prescribed	71864
by law.	71865

(C)(1) Notwithstanding anything to the contrary in the	71866
Revised Code, a child for whom a scholarship is awarded under this	71867
section shall be counted in the formula ADM and the category six	71868
special education ADM of the district in which the child is	71869
entitled to attend school and not in the formula ADM and the	71870
category six special education ADM of any other school district.	71871

(2) In each fiscal year, the Department shall deduct from the	71872
amounts paid to each school district under Chapter 3317. of the	71873
Revised Code, and, if necessary, sections 321.24 and 323.156 of	71874
the Revised Code, the aggregate amount of scholarships awarded	71875
under this section for qualified special education children	71876
included in the formula ADM and category six special education ADM	71877
of that school district as provided in division (C)(1) of this	71878
section. The scholarships deducted shall be considered as an	71879
approved special education and related services expense for the	71880
purpose of the school district's compliance with division (C)(5)	71881
of section 3317.022 of the Revised Code.	71882

(3) From time to time, the Department shall make a payment to	71883
the parent of each qualified special education child for whom a	71884
scholarship has been awarded under this section. The scholarship	71885
amount shall be proportionately reduced in the case of any such	71886
child who is not enrolled in the special education program for	71887
which a scholarship was awarded under this section for the entire	71888
school year. The Department shall make no payments to the parent	71889
of a child while any administrative or judicial mediation or	71890
proceedings with respect to the content of the child's	71891
individualized education program are pending.	71892

(D) A scholarship shall not be paid to a parent for payment	71893
of tuition owed to a nonpublic entity unless that entity is a	71894
registered private provider. The Department shall approve entities	71895
that meet the standards established by rule of the State Board for	71896
the program established under this section.	71897

(E) The State Board shall adopt rules under Chapter 119. of	71898
the Revised Code prescribing procedures necessary to implement	71899
this section, including, but not limited to, procedures and	71900
deadlines for parents to apply for scholarships, standards for	71901
registered private providers, and procedures for approval of	71902
entities as registered private providers. The Board shall adopt	71903
the rules so that the program established under this section is	71904
operational by January 1, 2004.	71905

Section 206.09.87. (A) In the 2005-2006 and 2006-2007 school	71906
years, within three months after a student identified with	71907
disabilities begins receiving services for the first time under an	71908
individualized education program, as defined in section 3323.01 of	71909
the Revised Code, the school district in which that student is	71910
enrolled shall require the student to undergo a comprehensive eye	71911
examination performed either by an optometrist licensed under	71912
Chapter 4725. of the Revised Code or by a physician authorized	71913
under Chapter 4731. of the Revised Code to practice medicine and	71914
surgery or osteopathic medicine and surgery who is comprehensively	71915
trained and educated in the treatment of the human eye, eye	71916
disease, or comprehensive vision services, unless the student	71917
underwent such an examination within the nine-month period	71918
immediately prior to being identified with disabilities.	71919

However, no student who has not undergone the eye examination	71920
required under this section shall be prohibited from initiating,	71921
receiving, or continuing to receive services prescribed in the	71922
student's individualized education program.	71923

(B) The superintendent of each school district or the	71924
superintendent's designee may determine fulfillment of the	71925
requirement prescribed in division (A) of this section based on	71926
any special circumstances of the student, the student's parent,	71927
guardian, or family that may prevent the student from undergoing	71928
the eye examination prior to beginning special education services.	71929

(C) Except for a student who may be entitled to a	71930
comprehensive eye examination in the identification of the	71931
student's disabilities, in the development of the student's	71932
individualized education program, or as a related service under	71933
the student's individualized education program, neither the state	71934
nor any school district shall be responsible for paying for the	71935
eye examination required by this section.	71936

Section 206.09.90. INTERVENTION FUNDING

71937

State funding totaling $153,489,868 in fiscal year 2006 and	71938
$195,096,413 in fiscal year 2007 is provided to school districts	71939
for intervention or intervention related activities. School	71940
districts have flexibility in the use of this funding by which	71941
success is achieved for their students under section 3317.029 of	71942
the Revised Code.	71943

No later than December 31, 2006, each school district shall	71944
report intervention costs by type of intervention provided in a	71945
manner defined by the Department of Education. The report shall	71946
indicate separately both state and local dollars utilized by	71947
school districts for intervention activities.	71948

To the degree that school districts do not meet adequate	71949
progress standards as defined by the Department of Education, the	71950
Department shall use the reported information to intervene at the	71951
district and building levels to make recommendations on how state	71952
and local funding for intervention should be deployed in a more	71953
effective manner. This information shall also be used by the	71954
Department to inform its recommendations required in the section	71955
of this act entitled "DISTRICT SPENDING REQUIREMENTS."	71956

Section 206.09.93. EARMARK ACCOUNTABILITY

71957

At the request of the Superintendent of Public Instruction,	71958
any entity that receives a budget earmark under the Department of	71959
Education shall submit annually to the chairpersons of the	71960
committees of the House of Representatives and the Senate	71961
primarily concerned with education and to the Department of	71962
Education a report that includes a description of the services	71963
supported by the funds, a description of the results achieved by	71964
those services, an analysis of the effectiveness of the program,	71965
and an opinion as to the program's applicability to other school	71966
districts. For an earmarked entity that received state funds from	71967
an earmark in the prior fiscal year, no funds shall be provided by	71968
the Department of Education to an earmarked entity for a fiscal	71969
year until its report for the prior fiscal year has been	71970
submitted.	71971

Section 206.09.96. The School Funding Advisory Council is	71972
hereby created. The Council shall consist of not more than sixteen	71973
members, appointed as follows:	71974

(A) The Governor shall appoint up to six members, who shall	71975
be representatives of the business and education communities.	71976

(B) The Governor shall appoint one member from the Department	71977
of Education and up to three additional members from other	71978
executive branch agencies.	71979

(C) The Speaker of the House of Representatives shall appoint	71980
up to three members who are members of the House of	71981
Representatives, including at least one who is a member of the	71982
minority party of the House of Representatives.	71983

(D) The President of the Senate shall appoint up to three	71984
members who are members of the Senate, including at least one who	71985
is a member of the minority party of the Senate.	71986

The Governor, Speaker of the House of Representatives, and	71987
President of the Senate shall make their appointments not later	71988
than December 31, 2005. The Governor shall designate one	71989
representative of the business community appointed under division	71990
(A) of this section to serve as chairperson of the Council.	71991
Members shall serve without compensation.	71992

The Council shall examine research, including, but not	71993
limited to, research underway by Battelle for Kids and the	71994
University of Washington's Center for Reinventing Public	71995
Education, to further refine a building-blocks methodology for	71996
school funding so that increasingly stronger correlations exist	71997
between resources and academic results. The Council's other	71998
activities shall include, but not be limited to, examining	71999
timeline issues with regard to recommendations of the Governor's	72000
Blue Ribbon Task Force on Financing Student Success. The Council	72001
shall submit its recommendations to the Governor, the Speaker of	72002
the House of Representatives, and the President of the Senate not	72003
later than September 30, 2006. When it submits its	72004
recommendations, the Council shall cease to exist.	72005

Section 206.09.99. The revisions by this act to the	72006
Post-Secondary Enrollment Options Program established under	72007
Chapter 3365. of the Revised Code shall apply as follows:	72008

(A) The amendment to the definition of "tuition base" in	72009
section 3365.01 of the Revised Code, as amended by this act, shall	72010
apply to payments for courses taken beginning in the 2005-2006	72011
school year.	72012

(B) The requirement that a secondary grade student be a	72013
resident of this state in order to participate in the	72014
Post-Secondary Enrollment Options Program as specified in section	72015
3365.02 of the Revised Code, as amended by this act, shall not	72016
apply to students participating in the program during fiscal year	72017
2005. That requirement applies to students participating in the	72018
program after July 1, 2005, regardless of whether they	72019
participated in the program prior to that date.	72020

(C) The statement in section 3365.02 of the Revised Code, as	72021
amended by this act, concerning the purpose of the program applies	72022
to courses taken beginning in the 2005-2006 school year.	72023

(D) The provision prohibiting students enrolled in	72024
nonchartered nonpublic schools from participating in Option B of	72025
the program, as specified in sections 3365.02, 3365.021, 3365.04,	72026
3365.07, and 3365.10 of the Revised Code, as amended by this act,	72027
shall apply beginning in the 2006-2007 school year.	72028

(E) The provision prohibiting participating under Option B	72029
for enrollment in physical education college courses, as specified	72030
in sections 3365.02, 3365.04, and 3365.07 of the Revised Code, as	72031
amended by this act, shall apply beginning in the 2006-2007 school	72032
year.	72033

(F) The requirement to seek reimbursement for college courses	72034
that a student failed, as specified in section 3365.02 of the	72035
Revised Code, as amended by this act, and section 3365.11 of the	72036
Revised Code, shall apply to courses taken beginning in the	72037
2005-2006 school year.	72038

(G) The opportunity to elect high school credit under Option	72039
A of the program, as specified in sections 3365.04, 3365.041,	72040
3365.05, and 3365.08 of the Revised Code, as amended by this act,	72041
shall apply beginning in the 2005-2006 academic year.	72042

Section 206.10.03. Not later than September 1, 2005, the	72043
Superintendent of Public Instruction shall begin preparations to	72044
implement the Educational Choice Scholarship Program established	72045
by sections 3310.01 to 3310.17 of the Revised Code. The	72046
Superintendent shall ensure that school districts, nonpublic	72047
schools, students, and parents are informed of the Educational	72048
Choice Scholarship Program and how the Program may affect them.	72049
The Superintendent shall provide such information in sufficient	72050
time for affected parties to meet all deadlines imposed for	72051
participation in the Educational Choice Scholarship Program in the	72052
2006-2007 school year. The State Board of Education shall adopt	72053
the rules required by section 3310.16 of the Revised Code so that	72054
those rules are in effect and the Educational Choice Scholarship	72055
Program is operational in the school year that commences July 1,	72056
2006.	72057

The Superintendent shall select not more than 18,000 students	72058
in fiscal year 2007 to be awarded scholarships under the	72059
Educational Choice Scholarship Program.	72060

Section 206.10.06. There is hereby established a committee to	72061
study the consolidation of school districts. The committee shall	72062
consist of three members of the House of Representatives,	72063
appointed by the Speaker of the House of Representatives, and	72064
three members of the Senate, appointed by the President of the	72065
Senate. From each house, two members shall be of the majority	72066
party and one member shall be of the minority party. The Speaker	72067
of the House of Representatives shall designate the chairman of	72068
the committee. Members shall not receive compensation for their	72069
services.	72070

The committee shall study the feasibility of city, local, and	72071
exempted village school district consolidation and the economic	72072
impact, including possible cost savings, of consolidation for the	72073
state and school districts. If the committee determines school	72074
district consolidation is feasible, the committee shall recommend	72075
legislation to accomplish the consolidation.	72076

The committee shall report its findings to the General	72077
Assembly not later than one year after the effective date of this	72078
section. Copies of the findings shall be provided to the Governor,	72079
the President and Minority Leader of the Senate, the Speaker and	72080
Minority Leader of the House of Representatives, and the	72081
chairpersons, vice-chairpersons, and ranking minority members of	72082
the education committees of the House of Representatives and the	72083
Senate. Following its report of findings, the committee shall	72084
cease to exist.	72085

* Section 206.10.09. Within thirty days after the effective	72086
date of this section, the Department of Education shall notify	72087
each entity approved to be a sponsor of community schools pursuant	72088
to division (B)(1) of section 3314.015 of the Revised Code prior	72089
to the effective date of this section and each entity that is not	72090
required to be so approved by section 3314.021 of the Revised Code	72091
or Section 6 of Sub. H.B. 364 of the 124th General Assembly of the	72092
number of schools the entity may sponsor under that division.	72093

Section 206.10.12. (A) The School Physical Fitness and	72094
Wellness Advisory Council is hereby established. The Council shall	72095
consist of the following members:	72096

(1) A representative of the Ohio Association for Health,	72097
Physical Education, Recreation and Dance, appointed by the	72098
Association;	72099

(2) A school food service director, appointed by the Ohio	72100
School Food Service Association;	72101

(3) A representative of the Ohio School Boards Association,	72102
appointed by the Association;	72103

(4) A registered dietician, appointed by the Ohio Dietetic	72104
Association;	72105

(5) A representative of the Ohio State Medical Association,	72106
appointed by the Association;	72107

(6) A representative of the food industry, appointed by the	72108
Ohio Chamber of Commerce;	72109

(7) A representative of the Ohio Parent Teacher Association,	72110
appointed by the Association;	72111

(8) A representative of the Ohio Soft Drink Association,	72112
appointed by the Association;	72113

(9) A representative of the Department of Education,	72114
appointed by the Superintendent of Public Instruction;	72115

(10) A representative of the Ohio Parks and Recreation	72116
Association, appointed by the Association.	72117

(B) Appointments to the Council shall be made within thirty	72118
days after the effective date of this section. The representative	72119
of the Department shall be the chairperson of the Council. The	72120
Council shall meet at least every two months. The Department shall	72121
provide administrative support to the Council in the performance	72122
of its duties.	72123

(C) The Council shall develop guidelines for best practices	72124
regarding nutrition education, physical activity for students, and	72125
school-based activities and school-business partnerships that	72126
promote student wellness. For this purpose, the Council shall	72127
examine research concerning these issues and review existing	72128
guidelines and best practices established by associations or	72129
governmental entities at the national, state, and local levels.	72130
The best practices guidelines developed by the Council shall	72131
provide information that school districts participating in a	72132
school lunch program under the "National School Lunch Act," 60	72133
Stat. 230 (1946), 42 U.S.C. 1751, as amended, may use when	72134
adopting local wellness policies as required by the "Child	72135
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended.	72136
The Council also shall develop strategies for districts to use in	72137
evaluating the implementation of their local wellness policies to	72138
determine if the goals and objectives described in those policies	72139
are being met.	72140

(D) Not later than December 31, 2005, the Council shall	72141
compile a written report containing its best practices guidelines	72142
and evaluation strategies. Copies of the report shall be provided	72143
to each school district participating in a school lunch program as	72144
described in division (C) of this section, the Governor, the	72145
Speaker of the House of Representatives, and the President of the	72146
Senate. Upon submission of its report, the Council shall cease to	72147
exist.	72148

Section 206.10.15. For fiscal years 2006 and 2007, the	72149
Department of Education shall provide funding to the Ohio Wyami	72150
Appalachian Teacher Cohorts Program under the Columbiana County	72151
Educational Service Center to provide teacher professional	72152
development in Ohio's Appalachian counties. The program shall	72153
provide professional development that is based on a review of	72154
scientifically based research and is expected to improve student	72155
academic achievement as required by Title II of the "No Child Left	72156
Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6612 et seq., for	72157
approximately eighty public and charter nonpublic teachers from	72158
Ohio's Appalachian counties each year. The Department of Education	72159
shall provide $1,500,000 each fiscal year in federal grant funds	72160
from the State Grants For Improving Teacher Quality Program to the	72161
Columbiana County Educational Service Center for this purpose.	72162

Section 206.13. ELC OHIO ELECTIONS COMMISSION

72163

General Revenue Fund

72164

GRF	051-321		Operating Expenses		$	411,623		$	411,623		72165
TOTAL GRF General Revenue Fund					$	411,623		$	411,623		72166

General Services Fund Group

72167

4P2	051-601	Ohio Elections					72168
		Commission Fund	$	225,000	$	225,000	72169
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	72170
TOTAL ALL BUDGET FUND GROUPS			$	636,623	$	636,623	72171

Section 206.16. FUN STATE BOARD OF EMBALMERS AND FUNERAL	72173
DIRECTORS	72174

General Services Fund Group

72175

4K9	881-609	Operating Expenses	$	598,933	$	0	72176
TOTAL GSF General Services							72177
Fund Group			$	598,933	$	0	72178
TOTAL ALL BUDGET FUND GROUPS			$	598,933	$	0	72179

Section 206.19. ERB STATE EMPLOYMENT RELATIONS BOARD

72181

General Revenue Fund

72182

GRF	125-321		Operating Expenses		$	3,265,397		$	3,363,359		72183
TOTAL GRF General Revenue Fund					$	3,265,397		$	3,363,359		72184

General Services Fund Group

72185

572	125-603	Training and Publications	$	75,541	$	75,541	72186
TOTAL GSF General Services							72187
Fund Group			$	75,541	$	75,541	72188
TOTAL ALL BUDGET FUND GROUPS			$	3,340,938	$	3,438,900	72189

Section 206.24. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

72191

General Services Fund Group

72192

4K9	892-609	Operating Expenses	$	1,058,881	$	1,058,881	72193
TOTAL GSF General Services							72194
Fund Group			$	1,058,881	$	1,058,881	72195
TOTAL ALL BUDGET FUND GROUPS			$	1,058,881	$	1,058,881	72196

Section 206.27. EPA ENVIRONMENTAL PROTECTION AGENCY

72198

General Revenue Fund

72199

GRF	715-403	Clean Ohio	$	92,707	$	72200
GRF	715-501	Local Air Pollution Control	$	128,297	$	72201
GRF	717-321	Surface Water	$	1,112,342	$	72202
GRF	718-321	Groundwater	$	136,719	$	72203
GRF	719-321	Air Pollution Control	$	311,494	$	72204
GRF	721-321	Drinking Water	$	318,783	$	72205
GRF	723-321	Hazardous Waste	$	12,606	$	72206
GRF	724-321	Pollution Prevention	$	87,538	$	72207
GRF	725-321	Laboratory	$	152,043	$	72208
GRF	726-321	Corrective Actions	$	147,473	$	72209
TOTAL GRF General Revenue Fund			$	2,500,002	$	72210

General Services Fund Group

72211

199	715-602	Laboratory Services	$	1,078,348	$	1,083,574	72212
219	715-604	Central Support Indirect	$	15,804,913	$	16,345,805	72213
4A1	715-640	Operating Expenses	$	3,369,731	$	3,369,731	72214
5BZ	715-681	Auto Emissions Test	$	8,100,000	$	15,200,000	72215
TOTAL GSF General Services							72216
Fund Group			$	28,352,992	$	35,999,110	72217

Federal Special Revenue Fund Group

72218

3F2	715-630	Revolving Loan Fund - Operating	$	152,021	$	293,129	72219
3F3	715-632	Fed Supported Cleanup and Response	$	2,792,648	$	2,777,648	72220
3F4	715-633	Water Quality Management	$	710,000	$	710,000	72221
3F5	715-641	Nonpoint Source Pollution Management	$	7,815,000	$	7,810,000	72222
3J1	715-620	Urban Stormwater	$	706,000	$	710,000	72223
3K2	715-628	Clean Water Act 106	$	4,723,845	$	5,023,846	72224
3K4	715-634	DOD Monitoring and Oversight	$	1,450,333	$	1,450,333	72225
3K6	715-639	Remedial Action Plan	$	320,000	$	319,000	72226
3N4	715-657	DOE Monitoring and Oversight	$	3,181,736	$	3,231,963	72227
3V7	715-606	Agencywide Grants	$	458,115	$	479,115	72228
352	715-611	Wastewater Pollution	$	525,000	$	530,000	72229
353	715-612	Public Water Supply	$	3,384,959	$	3,388,619	72230
354	715-614	Hazardous Waste Management - Federal	$	4,203,891	$	4,203,891	72231
357	715-619	Air Pollution Control - Federal	$	6,966,337	$	7,243,950	72232
362	715-605	Underground Injection Control - Federal	$	111,874	$	111,874	72233
TOTAL FED Federal Special Revenue							72234
Fund Group			$	37,501,759	$	38,283,368	72235

State Special Revenue Fund Group

72236

3T3	715-669	Drinking Water SRF	$	2,411,614	$	2,482,910	72237
4J0	715-638	Underground Injection Control	$	438,285	$	458,418	72238
4K2	715-648	Clean Air - Non Title V	$	3,234,278	$	3,178,062	72239
4K3	715-649	Solid Waste	$	13,800,377	$	14,282,845	72240
4K4	715-650	Surface Water Protection	$	11,606,000	$	12,420,000	72241
4K5	715-651	Drinking Water Protection	$	7,202,901	$	7,492,035	72242
4P5	715-654	Cozart Landfill	$	149,728	$	149,728	72243
4R5	715-656	Scrap Tire Management	$	6,000,000	$	6,000,000	72244
4R9	715-658	Voluntary Action Program	$	1,008,765	$	1,032,098	72245
4T3	715-659	Clean Air - Title V Permit Program	$	16,960,373	$	17,180,980	72246
4U7	715-660	Construction & Demolition Debris	$	586,797	$	582,305	72247
5BC	715-617	Clean Ohio	$	648,939	$	741,646	72248
5BC	715-622	Local Air Pollution Control	$	898,072	$	1,026,369	72249
5BC	715-624	Surface Water	$	7,685,071	$	8,797,413	72250
5BC	715-667	Groundwater	$	957,022	$	1,093,741	72251
5BC	715-672	Air Pollution Control	$	4,234,681	$	5,199,290	72252
5BC	715-673	Drinking Water	$	2,231,467	$	2,550,250	72253
5BC	715-675	Hazardous Waste	$	88,241	$	100,847	72254
5BC	715-676	Assistance and Prevention	$	612,764	$	700,302	72255
5BC	715-677	Laboratory	$	1,064,290	$	1,216,333	72256
5BC	715-678	Corrective Action	$	1,032,302	$	1,179,775	72257
5H4	715-664	Groundwater Support	$	2,325,922	$	2,408,871	72258
5N2	715-613	Dredge and Fill	$	30,000	$	30,000	72259
500	715-608	Immediate Removal Special Account	$	482,000	$	482,000	72260
503	715-621	Hazardous Waste Facility Management	$	11,270,231	$	11,711,473	72261
505	715-623	Hazardous Waste Cleanup	$	11,482,988	$	11,482,988	72262
505	715-674	Clean Ohio Environmental Review	$	104,500	$	109,725	72263
541	715-670	Site Specific Cleanup	$	33,000	$	34,650	72264
542	715-671	Risk Management Reporting	$	146,188	$	146,188	72265
592	715-627	Anti Tampering Settlement	$	17,203	$	9,707	72266
6A1	715-645	Environmental Education	$	1,500,000	$	1,500,000	72267
602	715-626	Motor Vehicle Inspection and Maintenance	$	1,190,944	$	250,000	72268
644	715-631	ER Radiological Safety	$	286,114	$	286,114	72269
660	715-629	Infectious Waste Management	$	160,000	$	100,000	72270
676	715-642	Water Pollution Control Loan Administration	$	4,964,625	$	4,964,625	72271
678	715-635	Air Toxic Release	$	210,621	$	210,622	72272
679	715-636	Emergency Planning	$	2,828,647	$	2,828,647	72273
696	715-643	Air Pollution Control Administration	$	750,000	$	750,000	72274
699	715-644	Water Pollution Control Administration	$	750,000	$	750,000	72275
TOTAL SSR State Special Revenue Fund Group			$	121,384,950	$	125,920,957	72276

Clean Ohio Revitalization Fund Group

72277

5S1	715-607	Clean Ohio - Operating	$	208,174	$	208,174	72278
TOTAL CLF Clean Ohio Revitalization Fund Group			$	208,174	$	208,174	72279
TOTAL ALL BUDGET FUND GROUPS			$	189,947,877	$	200,411,609	72280

AUTOMOBILE EMISSIONS TESTS

72281

(A) There is hereby created the Auto Emissions Test Fund	72282
(Fund 5BZ). When renewing a contract to continue the E-check	72283
program after December 31, 2005, the Ohio Environmental Protection	72284
Agency (EPA) shall use the foregoing appropriation item 715-681,	72285
Auto Emissions Test in the Auto Emissions Test Fund (Fund 5BZ), to	72286
pay for up to $19.50 per test for auto emissions tests in counties	72287
still designated as non-attainment or designated by the General	72288
Assembly to continue such tests under mandate of the federal Clean	72289
Air Act. These amounts are hereby appropriated.	72290

(B)(1) Notwithstanding section 183.02 of the Revised Code, on	72291
July 1, 2005, or as soon as possible thereafter, the Director of	72292
Budget and Management shall transfer $8,100,000 cash from the	72293
Tobacco Master Settlement Agreement Fund (Fund 087) to the Auto	72294
Emissions Test Fund (Fund 5BZ) in the Environmental Protection	72295
Agency. Of the tobacco revenue that is credited to the Tobacco	72296
Master Settlement Agreement Fund (Fund 087) in fiscal year 2006,	72297
the share that is determined pursuant to section 183.02 of the	72298
Revised Code to be the amount transferred by the Director of	72299
Budget and Management from the Tobacco Master Settlement Agreement	72300
Fund (Fund 087) to the Tobacco Use Prevention and Cessation Trust	72301
Fund (Fund H87) shall be reduced by the amount that is transferred	72302
from the Tobacco Master Settlement Agreement Fund (Fund 087) to	72303
the Auto Emissions Test Fund (Fund 5BZ) under this division.	72304

(2) Notwithstanding section 183.02 of the Revised Code, on	72305
July 1, 2006, or as soon as possible thereafter, the Director of	72306
Budget and Management shall transfer $15,200,000 cash from the	72307
Tobacco Master Settlement Agreement Fund (Fund 087) to the Auto	72308
Emissions Test Fund (Fund 5BZ) in the Environmental Protection	72309
Agency. Of the tobacco revenue that is credited to the Tobacco	72310
Master Settlement Agreement Fund (Fund 087) in fiscal year 2007,	72311
the share that is determined pursuant to section 183.02 of the	72312
Revised Code to be the amount transferred by the Director of	72313
Budget and Management from the Tobacco Master Settlement Agreement	72314
Fund (Fund 087) to the Tobacco Use Prevention and Cessation Trust	72315
Fund (Fund H87) shall be reduced by the amount that is transferred	72316
from the Tobacco Master Settlement Agreement Fund (Fund 087) to	72317
the Auto Emissions Test Fund (Fund 5BZ) under this division.	72318

NPDES TRANSFER TO AGRICULTURE

72319

On or after the date on which the United States Environmental	72320
Protection Agency approves the state program submitted under	72321
division (A)(1) of section 903.08 of the Revised Code, and federal	72322
moneys are disbursed for this purpose, the Controlling Board shall	72323
transfer those funds from the Environmental Protection Agency to	72324
the Department of Agriculture.	72325

CASH TRANSFER FOR ENVIRONMENTAL PROTECTION FUND

72326

On July 1, 2005, or as soon as possible thereafter, the	72327
Director of Budget and Management may transfer $1,000,000 in cash	72328
from the Central Support Indirect Fund (Fund 219) into the	72329
Environmental Protection Fund (Fund 5BC).	72330

On July 1, 2005, or as soon as possible thereafter, the	72331
Director of Budget and Management may transfer $6,000,000 in cash	72332
from the Hazardous Waste Facility Management Fund (Fund 503) into	72333
the Environmental Protection Fund (Fund 5BC).	72334

On July 1, 2005, or as soon as possible thereafter, the	72335
Director of Budget and Management may transfer $3,000,000 in cash	72336
from the Solid Waste Fund (Fund 4K3) into the Environmental	72337
Protection Fund (Fund 5BC).	72338

On July 1, 2005, or as soon as possible thereafter, the	72339
Director of Budget and Management may transfer $1,000,000 in cash	72340
from the Hazardous Waste Cleanup Fund (Fund 505) into the	72341
Environmental Protection Fund (Fund 5BC).	72342

Section 206.30. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

72343

General Revenue Fund

72344

GRF	172-321	Operating Expenses	$	479,161	$	483,859	72345
TOTAL GRF General Revenue Fund			$	479,161	$	483,859	72346
TOTAL ALL BUDGET FUND GROUPS			$	479,161	$	483,859	72347

Section 206.33. ETH OHIO ETHICS COMMISSION

72349

General Revenue Fund

72350

GRF	146-321		Operating Expenses		$	1,476,213		$	1,476,213		72351
TOTAL GRF General Revenue Fund					$	1,476,213		$	1,476,213		72352

General Services Fund Group

72353

4M6	146-601	Operating Expenses	$	502,543	$	432,543	72354
TOTAL GSF General Services							72355
Fund Group			$	502,543	$	432,543	72356
TOTAL ALL BUDGET FUND GROUPS			$	1,978,756	$	1,908,756	72357

Section 206.36. EXP OHIO EXPOSITIONS COMMISSION

72359

General Revenue Fund

72360

GRF	723-403		Junior Fair Subsidy		$	400,000		$	400,000		72361
TOTAL GRF General Revenue Fund					$	400,000		$	400,000		72362

State Special Revenue Fund Group

72363

4N2	723-602	Ohio State Fair Harness Racing	$	520,000	$	520,000	72364
506	723-601	Operating Expenses	$	13,643,315	$	13,643,315	72365
TOTAL SSR State Special Revenue							72366
Fund Group			$	14,163,315	$	14,163,315	72367
TOTAL ALL BUDGET FUND GROUPS			$	14,563,315	$	14,563,315	72368

Section 206.39. GOV OFFICE OF THE GOVERNOR

72370

General Revenue Fund

72371

GRF	040-321	Operating Expenses	$	3,981,582	$	3,981,582	72372
GRF	040-403	Federal Relations	$	422,760	$	422,760	72373
GRF	040-408	Office of Veterans' Affairs	$	267,923	$	267,923	72374
TOTAL GRF General Revenue Fund			$	4,672,265	$	4,672,265	72375

General Services Fund Group

72376

5AK	040-607		Federal Relations		$	354,514		$	354,514		72377
TOTAL GSF General Services Fund Group					$	354,514		$	354,514		72378

TOTAL ALL BUDGET FUND GROUPS

5,026,779

72379

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

72380

The Governor may expend a portion of the foregoing	72381
appropriation item 040-321, Operating Expenses, to hire or appoint	72382
legal counsel to be used in proceedings involving the Governor in	72383
the Governor's official capacity or the Governor's office only,	72384
without the approval of the Attorney General, notwithstanding	72385
sections 109.02 and 109.07 of the Revised Code.	72386

FEDERAL RELATIONS

72387

A portion of the foregoing appropriation items 040-403,	72388
Federal Relations, and 040-607, Federal Relations, may be used to	72389
support Ohio's membership in national or regional associations.	72390

The Office of the Governor may charge any state agency of the	72391
executive branch using an intrastate transfer voucher such amounts	72392
necessary to defray the costs incurred for the conduct of federal	72393
relations associated with issues that can be attributed to the	72394
agency. Amounts collected shall be deposited to the Office of the	72395
Governor Federal Relations Fund (Fund 5AK).	72396

Section 206.42. DOH DEPARTMENT OF HEALTH

72397

General Revenue Fund

72398

GRF	440-407	Animal Borne Disease and Prevention	$	2,452,101	$	2,452,101	72399
GRF	440-412	Cancer Incidence Surveillance System	$	1,002,619	$	1,002,619	72400
GRF	440-413	Local Health Department Support	$	3,786,794	$	3,786,794	72401
GRF	440-416	Child and Family Health Services	$	9,047,874	$	9,047,874	72402
GRF	440-418	Immunizations	$	8,600,615	$	8,600,615	72403
GRF	440-444	AIDS Prevention and Treatment	$	7,158,127	$	7,158,127	72404
GRF	440-446	Infectious Disease Prevention	$	200,000	$	200,000	72405
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	72406
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	72407
GRF	440-453	Health Care Quality Assurance	$	10,253,728	$	10,253,728	72408
GRF	440-454	Local Environmental Health	$	889,752	$	889,752	72409
GRF	440-459	Help Me Grow	$	9,323,797	$	9,323,797	72410
GRF	440-461	Center for Vital and Health Stats	$	3,629,535	$	3,629,535	72411
GRF	440-505	Medically Handicapped Children	$	8,791,784	$	8,791,784	72412
GRF	440-507	Targeted Health Care Services Over 21	$	731,023	$	731,023	72413
TOTAL GRF General Revenue Fund			$	72,977,016	$	72,977,016	72414

General Services Fund Group

72415

142	440-618	Agency Health Services	$	2,461,915	$	2,561,915	72416
211	440-613	Central Support Indirect Costs	$	26,584,707	$	26,584,707	72417
473	440-622	Lab Operating Expenses	$	4,154,045	$	4,154,045	72418
683	440-633	Employee Assistance Program	$	1,208,214	$	1,208,214	72419
698	440-634	Nurse Aide Training	$	170,000	$	170,000	72420
TOTAL GSF General Services							72421
Fund Group			$	34,578,881	$	34,678,881	72422

Federal Special Revenue Fund Group

72423

320	440-601	Maternal Child Health Block Grant	$	28,779,322	$	29,025,635	72424
387	440-602	Preventive Health Block Grant	$	7,755,005	$	7,826,659	72425
389	440-604	Women, Infants, and Children	$	219,920,083	$	230,077,451	72426
391	440-606	Medicaid/Medicare	$	24,211,198	$	24,850,959	72427
392	440-618	Federal Public Health Programs	$	126,678,202	$	127,677,458	72428
TOTAL FED Federal Special Revenue							72429
Fund Group			$	407,343,810	$	419,458,162	72430

State Special Revenue Fund Group

72431

4D6	440-608	Genetics Services	$	2,617,000	$	2,617,000	72432
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	72433
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	72434
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	72435
4L3	440-609	Non-Governmental Grants and Awards	$	144,119	$	144,119	72436
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	72437
4V6	440-641	Save Our Sight	$	1,767,994	$	1,767,994	72438
470	440-618	Fee Supported Programs	$	16,025,194	$	16,025,194	72439
471	440-619	Certificate of Need	$	581,572	$	594,572	72440
477	440-627	Medically Handicapped Children Audit	$	3,800,000	$	3,693,016	72441
5BL	440-638	Healthy Ohioans	$	5,000,000	$	0	72442
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	72443
5CB	440-640	Poison Control Centers	$	200,000	$	200,000	72444
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	72445
5D6	440-620	Second Chance Trust	$	1,054,951	$	1,054,951	72446
5G4	440-639	Adoption Services	$	20,000	$	20,000	72447
5L1	440-623	Nursing Facility Technical Assistance Program	$	617,517	$	617,517	72448
610	440-626	Radiation Emergency Response	$	850,000	$	850,000	72449
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	72450
TOTAL SSR State Special Revenue							72451
Fund Group			$	50,572,156	$	45,478,172	72452

Holding Account Redistribution Fund Group

72453

R14	440-631	Vital Statistics	$	70,000	$	70,000	72454
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	72455
TOTAL 090 Holding Account							72456
Redistribution Fund Group			$	90,000	$	90,000	72457
TOTAL ALL BUDGET FUND GROUPS			$	565,561,863	$	572,682,231	72458

Of the foregoing appropriation item 490-403, PASSPORT, up to	72459
$200,000 in fiscal year 2006 shall be used for the request for	72460
proposal process, and for the contracting of and the evaluation of	72461
the PASSORT Program, as required under Section 206.66.66 of this	72462
act.	72463

Section 206.42.03. CHILD AND FAMILY HEALTH SERVICES

72464

Of the foregoing appropriation item 440-416, Child and Family	72465
Health Services, not more than $1,700,000 in each fiscal year	72466
shall be used for women's health services.	72467

Of the foregoing appropriation item 440-416, Child and Family	72468
Health Services, not more than $270,000 shall be used in each	72469
fiscal year for the OPTIONS dental care access program.	72470

Of the foregoing appropriation item 440-416, Child and Family	72471
Health Services, not more than $900,000 in each fiscal year shall	72472
be used by federally qualified health centers and federally	72473
designated look-alikes to provide services to uninsured low-income	72474
persons.	72475

Of the foregoing appropriation item 440-416, Child and Family	72476
Health Services, not more than $500,000 in each fiscal year shall	72477
be used for abstinence-only education. The Director of Health	72478
shall develop guidelines for the establishment of abstinence	72479
programs for teenagers with the purpose of decreasing unplanned	72480
pregnancies and abortion. The guidelines shall be developed	72481
pursuant to Title V of the "Social Security Act," 42 U.S.C. 510,	72482
and shall include, but are not limited to, advertising campaigns	72483
and direct training in schools and other locations.	72484

Of the foregoing appropriation item 440-416, Child and Family	72485
Health Services, $10,000 in each fiscal year shall be allocated to	72486
the Jewish Community Center in Cleveland, $10,000 in each fiscal	72487
year shall be allocated to the Jewish Vocational Services in	72488
Cincinnati, and $10,000 in each fiscal year shall be allocated to	72489
the Wexner Heritage Village in Columbus for interpreters for	72490
health care.	72491

Of the foregoing appropriation item 440-416, Child and Family	72492
Health Services, $10,000 in each fiscal year shall be provided to	72493
the Jewish Family Services in Dayton, $5,000 in each fiscal year	72494
shall be provided to the Jewish Community Center in Akron, $5,000	72495
in each fiscal year shall be provided to the Jewish Community	72496
Center in Sylvania, $2,500 in each fiscal year shall be provided	72497
to the Jewish Community Center in Youngstown, and $2,500 in each	72498
fiscal year shall be provided to the Jewish Community Center in	72499
Canton.	72500

Section 206.42.06. WOMEN'S HEALTH SERVICES

72501

None of the funds received through grants for women's health	72502
services under this section from the foregoing appropriation item	72503
440-416, Child and Family Health Services, shall be used to	72504
provide abortion services. None of the funds received through	72505
these grants shall be used for counseling for or referrals for	72506
abortion, except in the case of a medical emergency. These funds	72507
shall be distributed by the Director of Health to programs that	72508
the Department of Health determines will provide services that are	72509
physically and financially separate from abortion-providing and	72510
abortion-promoting activities, and that do not include counseling	72511
for or referrals for abortion, other than in the case of medical	72512
emergency.	72513

These women's health services include and are limited to the	72514
following: pelvic examinations and laboratory testing; breast	72515
examinations and patient education on breast cancer; screening for	72516
cervical cancer; screening and treatment for Sexually Transmitted	72517
Diseases (STDs) and HIV screening; voluntary choice of	72518
contraception, including abstinence and natural family planning;	72519
patient education and pre-pregnancy counseling on the dangers of	72520
smoking, alcohol, and drug use during pregnancy; education on	72521
sexual coercion and violence in relationships; and prenatal care	72522
or referral for prenatal care. These health care services shall be	72523
provided by licensed doctors, licensed nurses, licensed medical	72524
assistants, licensed counselors, and licensed social workers in a	72525
medical clinic setting.	72526

The Director of Health shall adopt rules under Chapter 119.	72527
of the Revised Code specifying reasonable eligibility standards	72528
that must be met to receive the state funding and provide	72529
reasonable methods by which a grantee wishing to be eligible for	72530
federal funding may comply with these requirements for state	72531
funding without losing its eligibility for federal funding.	72532

Each applicant for these funds shall provide sufficient	72533
assurance to the Director of Health of all of the following:	72534

(A) The program shall not discriminate in the provision of	72535
services based on an individual's religion, race, national origin,	72536
handicapping condition, age, sex, number of pregnancies, or	72537
marital status;	72538

(B) The program shall provide services without subjecting	72539
individuals to any coercion to accept services or to employ any	72540
particular methods of family planning;	72541

(C) Acceptance of services shall be solely on a voluntary	72542
basis and may not be made a prerequisite to eligibility for, or	72543
receipt of, any other service, assistance from, or participation	72544
in, any other program of the service provider;	72545

(D) The costs for services provided by the program, if any	72546
are charged, shall be based on the patient's ability to pay and	72547
priority in the provision of services shall be given to persons	72548
from low-income families.	72549

In distributing these grant funds, the Director of Health	72550
shall give priority to grant requests from local departments of	72551
health for women's health services to be provided directly by	72552
personnel of the local department of health. The Director of	72553
Health shall issue a single request for proposals for all grants	72554
under this set-aside. The Director of Health shall send a	72555
notification of this request for proposals to every local	72556
department of health in this state and shall place a notification	72557
on the department's web site. The Director shall allow at least 30	72558
days after issuing this notification before closing the period to	72559
receive applications.	72560

After the closing date for receiving grant applications, the	72561
Director of Health shall first consider grant applications from	72562
local departments of health that apply for grants for women's	72563
health services to be provided directly by personnel of the local	72564
department of health. Local departments of health that apply for	72565
grants for women's health services to be provided directly by	72566
personnel of the local department of health need not provide all	72567
the listed women's health services in order to qualify for a	72568
grant. However, in prioritizing awards among local departments of	72569
health that qualify for funding under this paragraph, the Director	72570
of Health may consider, among other reasonable factors, the	72571
comprehensiveness of the women's health services to be offered,	72572
provided that no local department of health shall be discriminated	72573
against in the process of awarding these grant funds because the	72574
applicant does not provide contraception.	72575

If funds remain after awarding grants to all local	72576
departments of health that qualify for the priority, the Director	72577
of Health may make grants to other applicants. Awards to other	72578
applicants may be made to those applicants that will offer all	72579
eight of the listed women's health services or that will offer all	72580
of the services except contraception. No applicant shall be	72581
discriminated against in the process of awarding these grant funds	72582
because the applicant does not provide contraception.	72583

Section 206.42.09. HIV/AIDS PREVENTION/TREATMENT

72584

Of the foregoing appropriation item 440-444, AIDS Prevention	72585
and Treatment, not more than $6.7 million per fiscal year shall be	72586
used to assist persons with HIV/AIDS in acquiring HIV-related	72587
medications.	72588

INFECTIOUS DISEASE PREVENTION

72589

The foregoing appropriation item 440-446, Infectious Disease	72590
Prevention, shall be used for the purchase of drugs for sexually	72591
transmitted diseases.	72592

HELP ME GROW

72593

The foregoing appropriation item 440-459, Help Me Grow, shall	72594
be used by the Department of Health to distribute subsidies to	72595
counties to implement the Help Me Grow Program. Appropriation item	72596
440-459, Help Me Grow, may be used in conjunction with Temporary	72597
Assistance for Needy Families from the Department of Job and	72598
Family Services, Early Intervention funding from the Department of	72599
Mental Retardation and Developmental Disabilities, and in	72600
conjunction with other early childhood funds and services to	72601
promote the optimal development of young children. Local contracts	72602
shall be developed between local departments of job and family	72603
services and family and children first councils for the	72604
administration of TANF funding for the Help Me Grow Program. The	72605
Department of Health shall enter into an interagency agreement	72606
with the Department of Education, Department of Mental Retardation	72607
and Developmental Disabilities, Department of Job and Family	72608
Services, and Department of Mental Health to ensure that all early	72609
childhood programs and initiatives are coordinated and school	72610
linked.	72611

TARGETED HEALTH CARE SERVICES OVER 21

72612

In each fiscal year, appropriation item 440-507, Targeted	72613
Health Care Services Over 21, shall be used to administer the	72614
cystic fibrosis program and implement the Hemophilia Insurance	72615
Premium Payment Program.	72616

MATERNAL CHILD HEALTH BLOCK GRANT

72617

Of the foregoing appropriation item 440-601, Maternal Child	72618
Health Block Grant (Fund 320), $2,091,299 shall be used in each	72619
fiscal year for the purposes of abstinence-only education. The	72620
Director of Health shall develop guidelines for the establishment	72621
of abstinence programs for teenagers with the purpose of	72622
decreasing unplanned pregnancies and abortion. The guidelines	72623
shall be developed under Title V of the "Social Security Act," 42	72624
U.S.C. 510, and shall include, but are not limited to, advertising	72625
campaigns and direct training in schools and other locations.	72626

GENETICS SERVICES

72627

The foregoing appropriation item 440-608, Genetics Services	72628
(Fund 4D6), shall be used by the Department of Health to	72629
administer programs authorized by sections 3701.501 and 3701.502	72630
of the Revised Code. None of these funds shall be used to counsel	72631
or refer for abortion, except in the case of a medical emergency.	72632

SAFETY AND QUALITY OF CARE STANDARDS

72633

The Department of Health may use Fund 471, Certificate of	72634
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	72635
the Revised Code in each fiscal year.	72636

MEDICALLY HANDICAPPED CHILDREN AUDIT

72637

The Medically Handicapped Children Audit Fund (Fund 477)	72638
shall receive revenue from audits of hospitals and recoveries from	72639
third-party payers. Moneys may be expended for payment of audit	72640
settlements and for costs directly related to obtaining recoveries	72641
from third-party payers and for encouraging Medically Handicapped	72642
Children's Program recipients to apply for third-party benefits.	72643
Moneys also may be expended for payments for diagnostic and	72644
treatment services on behalf of medically handicapped children, as	72645
defined in division (A) of section 3701.022 of the Revised Code,	72646
and Ohio residents who are twenty-one or more years of age and who	72647
are suffering from cystic fibrosis or hemophilia. Moneys may also	72648
be expended for administrative expenses incurred in operating the	72649
Medically Handicapped Children's Program.	72650

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	72651
PERMIT FUND	72652

The Director of Budget and Management, pursuant to a plan	72653
submitted by the Department of Health, or as otherwise determined	72654
by the Director of Budget and Management, shall set a schedule to	72655
transfer cash from the Liquor Control Fund (Fund 043) to the	72656
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	72657
needs of the Alcohol Testing and Permit program.	72658

The Director of Budget and Management shall transfer to the	72659
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	72660
Fund (Fund 043) created in section 4301.12 of the Revised Code	72661
such amounts at such times as determined by the transfer schedule.	72662

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

72663

The foregoing appropriation item 440-607, Medically	72664
Handicapped Children - County Assessments (Fund 666), shall be	72665
used to make payments under division (E) of section 3701.023 of	72666
the Revised Code.	72667

Section 206.42.12. MEDICALLY HANDICAPPED CHILDREN - FUTURE	72668
FUNDING	72669

(A) There is hereby created the Legislative Committee on the	72670
Future Funding of the Bureau for Children with Medical Handicaps.	72671
The Speaker of the House of Representatives shall appoint three	72672
members of the House of Representatives, not more than two of whom	72673
shall belong to the same political party as the Speaker. The	72674
President of the Senate shall appoint three members of the Senate,	72675
not more than two of whom shall belong to the same political party	72676
as the President. The Speaker of the House of Representatives and	72677
the President of the Senate shall each appoint one member of the	72678
general public who suffers from a disease or disorder covered by	72679
the Program for Medically Handicapped Children (otherwise known as	72680
the Bureau for Children with Medical Handicaps) in the Ohio	72681
Department of Health. The Governor shall appoint two members of	72682
the general public who suffer from a disease or disorder covered	72683
by the Program. The following also shall serve on the Committee:	72684

(1) The Director of Health, or the Director's designee;

72685

(2) The Director of Budget and Management, or the Director's	72686
designee;	72687

(3) The Superintendent of Insurance, or the Superintendent's	72688
designee;	72689

(4) The Director of Job and Family Services, or the	72690
Director's designee;	72691

(5) One person designated by the County Commissioners	72692
Association of Ohio;	72693

(6) One person designated by the Ohio Children's Hospital	72694
Association;	72695

(7) One person designated by the Ohio Association of Health	72696
Plans;	72697

(8) One person designated by the American Academy of	72698
Pediatrics.	72699

Members of the Committee shall elect a chairperson. A	72700
majority of the members of the Committee constitutes a quorum for	72701
the conduct of Committee meetings.	72702

(B) Members of the Committee shall receive no compensation.

72703

72704

(1) Examine the current status of the Program and recommend	72705
best practices to be used in assisting working parents who have	72706
children with special health needs;	72707

(2) Review all existing statutes and rules in Ohio pertaining	72708
to the Program;	72709

(3) Review payment strategies in other states that facilitate	72710
adequate care for children with chronic conditions and support	72711
their families;	72712

(4) Review all funding sources for the Program, including	72713
funding received from county levies, the General Revenue Fund and	72714
other state-based sources, and the Maternal and Child Health Block	72715
Grant of Title V of the "Social Security Act," 40 Stat. 620	72716
(1935), 42 U.S.C. 301;	72717

(5) Request testimony from parents of children with special	72718
health needs and the children themselves and from health care	72719
professionals and other individuals who provide services to Bureau	72720
patients;	72721

(D) Not later than December 31, 2005, the Committee shall	72722
make recommendations and submit a report to the Governor, the	72723
President and Minority Leader of the Senate, and the Speaker and	72724
Minority Leader of the House of Representatives. The report shall	72725
include an analysis of the current system of services covered by	72726
the Program and may include determinations and recommendations	72727
regarding how the state can best address the current and future	72728
needs of patients served by the Program. On submission of the	72729
report, the Committee shall cease to exist.	72730

Section 206.42.13. REVISION OF RULES GOVERNING PROGRAM FOR	72731
MEDICALLY HANDICAPPED CHILDREN	72732

Not later than December 1, 2005, the Public Health Council	72733
shall revise rule 3701-43-16 of the Administrative Code regarding	72734
financial eligibility for payment for treatment under the Program	72735
for Medically Handicapped Children. As part of the revision, the	72736
Public Health Council shall return the financial eligibility	72737
levels for fiscal years 2006 and 2007 to the levels in effect	72738
prior to October 13, 2003.	72739

Section 206.42.16. NURSING FACILITY TECHNICAL ASSISTANCE	72740
PROGRAM	72741

The Director of Budget and Management shall transfer, by	72742
intrastate transfer voucher, each fiscal year, cash from Fund 4E3,	72743
Resident Protection Fund, in the Ohio Department of Job and Family	72744
Services, to Fund 5L1, Nursing Facility Technical Assistance	72745
Program Fund, in the Ohio Department of Health, to be used under	72746
section 3721.026 of the Revised Code. The transfers shall equal	72747
$183,843 in fiscal year 2006 and $617,517 in fiscal year 2007.	72748

Section 206.42.19. TRANSFER FROM STATE FIRE MARSHAL'S FUND	72749
(FUND 546) TO THE POISON CONTROL FUND (FUND XXX) IN THE DEPARTMENT	72750
OF HEALTH	72751

Notwithstanding section 3737.71 of the Revised Code, on July	72752
1, 2005, or as soon as possible thereafter, the Director of Budget	72753
and Management shall transfer $200,000 cash from the State Fire	72754
Marshal's Fund (Fund 546) in the Department of Commerce to the	72755
Poison Control Fund (Fund XXX) in the Department of Health, which	72756
is hereby created. Notwithstanding section 3737.71 of the Revised	72757
Code, on July 1, 2006, or as soon as possible thereafter, the	72758
Director of Budget and Management shall transfer $200,000 cash	72759
from the State Fire Marshal's Fund (Fund 546) in the Department of	72760
Commerce to the Poison Control Fund (Fund XXX) in the Department	72761
of Health.	72762

POISON CONTROL CENTERS

72763

Of the foregoing appropriation item 440-XXX, Poison Control	72764
Centers, in each fiscal year, the poison control centers in the	72765
municipal corporations of Cleveland, Cincinnati, Columbus, and	72766
Dayton shall each be awarded a grant of $50,000.	72767

Section 206.45. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

72768

Agency Fund Group

72769

461	372-601	Operating Expenses	$	16,819	$	16,819	72770
TOTAL AGY Agency Fund Group			$	16,819	$	16,819	72771
TOTAL ALL BUDGET FUND GROUPS			$	16,819	$	16,819	72772

Section 206.48. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

72774

General Revenue Fund

72775

GRF	148-100	Personal Services	$	145,880	$	145,880	72776
GRF	148-200	Maintenance	$	35,901	$	35,901	72777
TOTAL GRF General Revenue Fund			$	181,781	$	181,781	72778

General Services Fund Group

72779

601	148-602	Gifts and Miscellaneous	$	5,000	$	5,000	72780
TOTAL GSF General Services							72781
Fund Group			$	5,000	$	5,000	72782
TOTAL ALL BUDGET FUND GROUPS			$	186,781	$	186,781	72783

Section 206.51. OHS OHIO HISTORICAL SOCIETY

72785

General Revenue Fund

72786

GRF	360-501	Operating Subsidy	$	3,288,274	$	3,288,274	72787
GRF	360-502	Site Operations	$	8,138,725	$	8,138,725	72788
GRF	360-504	Ohio Preservation Office	$	281,041	$	281,041	72789
GRF	360-505	Afro-American Museum	$	754,884	$	754,884	72790
GRF	360-506	Hayes Presidential Center	$	509,231	$	509,231	72791
GRF	360-508	Historical Grants	$	435,000	$	235,000	72792
TOTAL GRF General Revenue Fund			$	13,407,155	$	13,207,155	72793
TOTAL ALL BUDGET FUND GROUPS			$	13,407,155	$	13,207,155	72794

SUBSIDY APPROPRIATION

72795

Upon approval by the Director of Budget and Management, the	72796
foregoing appropriation items shall be released to the Ohio	72797
Historical Society in quarterly amounts that in total do not	72798
exceed the annual appropriations. The funds and fiscal records of	72799
the society for fiscal years 2006 and 2007 shall be examined by	72800
independent certified public accountants approved by the Auditor	72801
of State, and a copy of the audited financial statements shall be	72802
filed with the Office of Budget and Management. The society shall	72803
prepare and submit to the Office of Budget and Management the	72804
following:	72805

(A) An estimated operating budget for each fiscal year of the	72806
biennium. The operating budget shall be submitted at or near the	72807
beginning of each calendar year.	72808

(B) Financial reports, indicating actual receipts and	72809
expenditures for the fiscal year to date. These reports shall be	72810
filed at least semiannually during the fiscal biennium.	72811

The foregoing appropriations shall be considered to be the	72812
contractual consideration provided by the state to support the	72813
state's offer to contract with the Ohio Historical Society under	72814
section 149.30 of the Revised Code.	72815

HAYES PRESIDENTIAL CENTER

72816

If a United States government agency, including, but not	72817
limited to, the National Park Service, chooses to take over the	72818
operations or maintenance of the Hayes Presidential Center, in	72819
whole or in part, the Ohio Historical Society shall make	72820
arrangements with the National Park Service or other United States	72821
government agency for the efficient transfer of operations or	72822
maintenance.	72823

HISTORICAL GRANTS

72824

Of the foregoing appropriation item 360-508, Historical	72825
Grants, $100,000 in each fiscal year shall be distributed to the	72826
Western Reserve Historical Society in Cleveland.	72827

HISTORICAL GRANTS

72828

Of the foregoing appropriation item 360-508, Historical	72829
Grants, $100,000 in fiscal year 2006 shall be distributed to the	72830
Great Lakes Historical Society in Vermilion.	72831

HISTORICAL GRANTS

72832

Of the foregoing appropriation item 360-508, Historical	72833
Grants, $75,000 in each fiscal year shall be distributed to the	72834
Hebrew Union College in Cincinnati for the Center for Holocaust	72835
and Humanity Education, and $25,000 in each fiscal year shall be	72836
distributed to the Cincinnati Museum Center.	72837

HISTORICAL GRANTS

72838

Of the foregoing appropriation item 360-508, Historical	72839
Grants, $100,000 in fiscal year 2006 shall be distributed to the	72840
Harbor Heritage Society Steamship Mather in Cleveland.	72841

HISTORICAL GRANTS

72842

Of the foregoing appropriation item 360-508, Historical	72843
Grants, $35,000 in each fiscal year shall be distributed to the	72844
Castle Farm project in the City of Mason.	72845

Section 206.54. REP OHIO HOUSE OF REPRESENTATIVES

72846

General Revenue Fund

72847

GRF	025-321		Operating Expenses		$	20,169,168		$	20,370,859		72848
TOTAL GRF General Revenue Fund					$	20,169,168		$	20,370,859		72849

General Services Fund Group

72850

103	025-601	House Reimbursement	$	1,419,469	$	1,419,469	72851
4A4	025-602	Miscellaneous Sales	$	37,474	$	37,474	72852
TOTAL GSF General Services							72853
Fund Group			$	1,456,943	$	1,456,943	72854
TOTAL ALL BUDGET FUND GROUPS			$	21,626,111	$	21,827,802	72855

OPERATING EXPENSES

72856

On July 1, 2005, or as soon as possible thereafter, the Chief	72857
Administrative Officer of the House of Representatives shall	72858
certify to the Director of Budget and Management the total fiscal	72859
year 2005 unencumbered appropriations in appropriation item	72860
025-321, Operating Expenses. The Chief Administrative Officer may	72861
direct the Director of Budget and Management to transfer an amount	72862
not to exceed the total fiscal year 2005 unencumbered	72863
appropriations to fiscal year 2006 for use within appropriation	72864
item 025-321, Operating Expenses. Additional appropriation	72865
authority equal to the amount certified by the Chief	72866
Administrative Officer is hereby appropriated to appropriation	72867
item 025-321, Operating Expenses, in fiscal year 2006.	72868

On July 1, 2006, or as soon as possible thereafter, the Chief	72869
Administrative Officer of the House of Representatives shall	72870
certify to the Director of Budget and Management the total fiscal	72871
year 2006 unencumbered appropriations in appropriation item	72872
025-321, Operating Expenses. The Chief Administrative Officer may	72873
direct the Director of Budget and Management to transfer an amount	72874
not to exceed the total fiscal year 2006 unencumbered	72875
appropriations to fiscal year 2007 for use within appropriation	72876
item 025-321, Operating Expenses. Additional appropriation	72877
authority equal to the amount certified by the Chief	72878
Administrative Officer is hereby appropriated to appropriation	72879
item 025-321, Operating Expenses, in fiscal year 2007.	72880

Section 206.57. HFA OHIO HOUSING FINANCE AGENCY

72881

General Services Fund Group

72882

5AZ	997-601	Housing Finance Agency Personal Services	$	8,100,000	$	8,100,000	72883
TOTAL GSF General Services Fund Group			$	8,100,000	$	8,100,000	72884
TOTAL ALL BUDGET FUND GROUPS			$	8,100,000	$	8,100,000	72885

Section 206.60. IGO OFFICE OF THE INSPECTOR GENERAL

72887

General Revenue Fund

72888

GRF	965-321		Operating Expenses		$	800,868		$	829,085		72889
TOTAL GRF General Revenue Fund					$	800,868		$	829,085		72890

General Services Fund Group

72891

4Z3	965-602	Special Investigations	$	100,000	$	100,000	72892
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	72893
TOTAL ALL BUDGET FUND GROUPS			$	900,868	$	929,085	72894

SPECIAL INVESTIGATIONS

72895

Of the foregoing appropriation item 965-602, Special	72896
Investigations, up to $100,000 in each fiscal year may be used for	72897
investigative costs, pursuant to section 121.481 of the Revised	72898
Code.	72899

Section 206.63. INS DEPARTMENT OF INSURANCE

72900

Federal Special Revenue Fund Group

72901

3U5	820-602	OSHIIP Operating Grant	$	1,080,000	$	1,080,000	72902
TOTAL FED Federal Special							72903
Revenue Fund Group			$	1,080,000	$	1,080,000	72904

State Special Revenue Fund Group

72905

554	820-601	Operating Expenses - OSHIIP	$	564,754	$	571,772	72906
554	820-606	Operating Expenses	$	22,654,232	$	22,832,214	72907
555	820-605	Examination	$	7,639,581	$	7,639,581	72908
TOTAL SSR State Special Revenue							72909
Fund Group			$	30,858,567	$	31,043,567	72910
TOTAL ALL BUDGET FUND GROUPS			$	31,938,567	$	32,123,567	72911

MARKET CONDUCT EXAMINATION

72912

When conducting a market conduct examination of any insurer	72913
doing business in this state, the Superintendent of Insurance may	72914
assess the costs of the examination against the insurer. The	72915
superintendent may enter into consent agreements to impose	72916
administrative assessments or fines for conduct discovered that	72917
may be violations of statutes or rules administered by the	72918
superintendent. All costs, assessments, or fines collected shall	72919
be deposited to the credit of the Department of Insurance	72920
Operating Fund (Fund 554).	72921

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

72922

The Director of Budget and Management, at the request of the	72923
Superintendent of Insurance, may transfer funds from the	72924
Department of Insurance Operating Fund (Fund 554), created by	72925
section 3901.021 of the Revised Code, to the Superintendent's	72926
Examination Fund (Fund 555), created by section 3901.071 of the	72927
Revised Code, only for expenses incurred in examining domestic	72928
fraternal benefit societies as required by section 3921.28 of the	72929
Revised Code.	72930

Section 206.66. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

72931

General Revenue Fund

72932

GRF	600-321	Support Services					72933
		State	$	62,797,907	$	60,065,397	72934
		Federal	$	8,114,493	$	8,454,541	72935
		Support Services Total	$	70,912,400	$	68,519,938	72936
GRF	600-410	TANF State	$	272,619,061	$	272,619,061	72937
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	72938
GRF	600-416	Computer Projects					72939
		State	$	114,516,710	$	117,226,021	72940
		Federal	$	37,579,198	$	34,255,465	72941
		Computer Projects Total	$	152,095,908	$	151,481,486	72942
GRF	600-420	Child Support Administration	$	5,091,446	$	5,091,446	72943
GRF	600-421	Office of Family Stability	$	4,864,932	$	4,864,932	72944
GRF	600-423	Office of Children and Families	$	5,408,020	$	5,431,690	72945
GRF	600-442	Public Assistance Reconciliation	$	30,000,000	$	30,000,000	72946
GRF	600-502	Child Support Match	$	16,814,103	$	16,814,103	72947
GRF	600-511	Disability Financial Assistance	$	22,839,371	$	22,839,371	72948
GRF	600-512	Non-TANF Disaster Assistance	$	1,000,000	$	1,000,000	72949
GRF	600-521	Entitlement Administration - Local	$	151,206,401	$	151,206,401	72950
GRF	600-523	Children and Families Subsidy	$	69,438,543	$	69,438,543	72951
GRF	600-528	Adoption Services					72952
		State	$	33,698,298	$	35,516,130	72953
		Federal	$	40,331,807	$	43,022,485	72954
		Adoption Services Total	$	74,030,105	$	78,538,615	72955
TOTAL GRF General Revenue Fund							72956
		State	$	874,415,388	$	876,233,691	72957
		Federal	$	86,025,498	$	85,732,491	72958
		GRF Total	$	960,440,886	$	961,966,182	72959

General Services Fund Group

72960

4A8	600-658	Child Support Collections	$	26,680,794	$	26,680,794	72961
4R4	600-665	BCII Services/Fees	$	36,974	$	36,974	72962
5C9	600-671	Medicaid Program Support	$	73,015,021	$	63,947,536	72963
5N1	600-677	County Technologies	$	1,000,000	$	1,000,000	72964
613	600-645	Training Activities	$	135,000	$	135,000	72965
TOTAL GSF General Services							72966
Fund Group			$	100,867,789	$	91,800,304	72967

Federal Special Revenue Fund Group

72968

3AW	600-675	Faith Based Initiatives	$	750,000	$	750,000	72969
3A2	600-641	Emergency Food Distribution	$	2,600,000	$	2,800,000	72970
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	72971
3F0	600-623	Health Care Federal	$	592,984,408	$	729,752,692	72972
3F0	600-650	Hospital Care Assurance Match	$	343,239,047	$	343,239,047	72973
3G5	600-655	Interagency Reimbursement	$	1,364,802,369	$	1,426,954,440	72974
3H7	600-617	Child Care Federal	$	208,000,000	$	208,000,000	72975
3N0	600-628	IV-E Foster Care Maintenance	$	153,963,142	$	153,963,142	72976
3S5	600-622	Child Support Projects	$	534,050	$	534,050	72977
3V0	600-688	Workforce Investment Act	$	208,322,037	$	208,097,948	72978
3V4	600-678	Federal Unemployment Programs	$	153,435,545	$	157,202,750	72979
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,829,430	$	3,800,573	72980
3V6	600-689	TANF Block Grant	$	756,604,142	$	781,983,200	72981
3W3	600-659	TANF/Title XX Transfer	$	8,000,000	$	5,400,000	72982
327	600-606	Child Welfare	$	33,160,190	$	33,090,786	72983
331	600-686	Federal Operating	$	43,966,134	$	44,929,546	72984
384	600-610	Food Stamps and State Administration	$	188,238,706	$	181,250,799	72985
385	600-614	Refugee Services	$	5,683,829	$	5,742,439	72986
395	600-616	Special Activities/Child and Family Services	$	4,567,112	$	4,564,877	72987
396	600-620	Social Services Block Grant	$	120,993,012	$	121,004,222	72988
397	600-626	Child Support	$	287,468,576	$	287,468,576	72989
398	600-627	Adoption Maintenance/ Administration	$	314,639,519	$	314,639,519	72990
TOTAL FED Federal Special Revenue							72991
Fund Group			$	4,797,821,772	$	5,017,209,130	72992

State Special Revenue Fund Group

72993

198	600-647	Children's Trust Fund	$	6,788,522	$	6,788,522	72994
4A9	600-607	Unemployment Compensation Administration Fund	$	10,811,527	$	10,811,527	72995
4A9	600-694	Unemployment Compensation Review Commission	$	3,188,473	$	3,188,473	72996
4E3	600-605	Nursing Home Assessments	$	4,759,914	$	4,759,914	72997
4E7	600-604	Child and Family Services Collections	$	300,000	$	300,000	72998
4F1	600-609	Foundation Grants/Child and Family Services	$	61,420	$	61,420	72999
4J5	600-613	Nursing Facility Bed Assessments	$	34,613,984	$	34,613,984	73000
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	73001
4K1	600-621	ICF/MR Bed Assessments	$	20,074,255	$	20,064,131	73002
4R3	600-687	Banking Fees	$	800,000	$	800,000	73003
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	73004
5AA	600-673	Ohio's Best Rx Administration	$	5,000,000	$	5,000,000	73005
5BE	600-693	Child Support Operating	$	5,000,000	$	5,000,000	73006
5BG	600-653	Managed Care Assessment	$	18,795,483	$	99,410,121	73007
5F2	600-667	Building Consolidation	$	250,000	$	250,000	73008
5F3	600-668	Building Consolidation	$	1,000,000	$	1,000,000	73009
5P5	600-692	Health Care Services	$	828,587,776	$	538,301,761	73010
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	73011
5R2	600-608	Medicaid-Nursing Facilities	$	144,829,224	$	148,314,982	73012
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	73013
5U3	600-654	Health Care Services Administration	$	10,115,870	$	15,474,709	73014
5U6	600-663	Children and Family Support	$	4,929,717	$	4,929,717	73015
5Z9	600-672	TANF Quality Control Reinvestments	$	647,409	$	688,421	73016
651	600-649	Hospital Care Assurance Program Fund	$	231,893,404	$	231,893,404	73017
TOTAL SSR State Special Revenue							73018
Fund Group			$	1,415,893,936	$	1,215,098,044	73019

Agency Fund Group

73020

192	600-646	Support Intercept - Federal	$	110,000,000	$	110,000,000	73021
5B6	600-601	Food Stamp Intercept	$	2,000,000	$	2,000,000	73022
583	600-642	Support Intercept - State	$	16,000,000	$	16,000,000	73023
TOTAL AGY Agency Fund Group			$	128,000,000	$	128,000,000	73024

Holding Account Redistribution Fund Group

73025

R12	600-643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	73026
R13	600-644	Forgery Collections	$	10,000	$	10,000	73027
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	73028
TOTAL ALL BUDGET FUND GROUPS			$	7,406,634,383	$	7,417,683,660	73029

Section 206.66.03. APPROPRIATION ITEM RESTRUCTURING

73031

(A) If the Directors of Job and Family Services and Budget	73032
and Management agree, the Director of Budget and Management may,	73033
in fiscal years 2006 and 2007, reduce appropriations in	73034
appropriation items 600-321, Support Services, and 600-416,	73035
Computer Projects, by amounts equal to the federal share in each	73036
appropriation item. The total amount by which these appropriation	73037
items are reduced in accordance with this division is hereby	73038
appropriated to appropriation item 600-651, Federal General	73039
Operating (Fund 3AX).	73040

(B) The Department of Job and Family Services may submit to	73041
the Office of Budget and Management a plan to realign	73042
appropriation items 600-321, Support Services, and 600-416,	73043
Computer Projects. The plan may include a request for the Director	73044
of Budget and Management to transfer appropriations from	73045
appropriation items 600-321, Support Services, and 600-416,	73046
Computer Projects, to any other General Revenue Fund appropriation	73047
items in Section 312.03 of this act. If the plan is approved by	73048
the Office of Budget and Management, the Director of Budget and	73049
Management shall transfer appropriations as requested in the plan.	73050
Dollars spent pursuant to appropriations transferred in accordance	73051
with this division shall be for the same purposes for which the	73052
original appropriations were made.	73053

(C) In fiscal year 2007, the Department of Job and Family	73054
Services, with the approval of the Office of Budget and	73055
Management, shall utilize a method for determining the payments	73056
from applicable appropriation items into the Support Services	73057
State Operating Fund (Fund 230). The method shall contain	73058
characteristics of administrative ease and uniform application.	73059
Payments to the Support Services State Operating Fund (Fund 230)	73060
shall be made by intrastate transfer voucher. Amounts transferred	73061
in accordance with this division are hereby appropriated to	73062
appropriation item 600-661, Support Services State Operating (Fund	73063
230).	73064

Section 206.66.06. GOVERNOR'S OFFICE OF FAITH-BASED AND	73065
COMMUNITY INITIATIVES	73066

Of the foregoing appropriation item 600-321, Support	73067
Services, up to $312,500 per fiscal year may be used to support	73068
the activities of the Governor's Office of Faith-Based and	73069
Community Initiatives.	73070

Section 206.66.09. TANF OHIO WORKS FIRST CASH ASSISTANCE	73071
PAYMENTS	73072

The Department of Job and Family Services shall use a portion	73073
of the moneys appropriated for the TANF program in appropriation	73074
items 600-410, TANF State; 600-658, Child Support Collections; and	73075
600-689, TANF Block Grant, to increase the cash assistance	73076
provided to recipients of benefits under the TANF Ohio Works First	73077
program by up to 10 per cent as compared to the cash assistance	73078
provided prior to July 1, 2005. The increased TANF cash assistance	73079
benefit shall be effective October 1, 2005.	73080

Section 206.66.12. OHIO'S BEST RX START-UP COSTS

73081

An amount equal to the remaining balance in appropriation	73082
item 600-440, Ohio's Best Rx Start-Up Costs, from fiscal year 2005	73083
is hereby appropriated for fiscal year 2006 into appropriation	73084
item 600-440, Ohio's Best Rx Start-Up Costs. An amount equal to	73085
the remaining unencumbered balance in appropriation item 600-440,	73086
Ohio's Best Rx Start-Up Costs, from fiscal year 2006 is hereby	73087
appropriated for fiscal year 2007 into appropriation item 600-440,	73088
Ohio's Best Rx Start-up Costs. The appropriation item 600-440,	73089
Ohio's Best Rx Start-Up Costs, shall be used by the Department of	73090
Job and Family Services to pay for the administrative and	73091
operational expenses for the Ohio's Best Rx Program in accordance	73092
with Chapter 5110. of the Revised Code, including costs associated	73093
with the duties assigned by the Department to the Ohio's Best Rx	73094
Program Administrator and for making payments to participating	73095
terminal distributors until sufficient cash exists to make	73096
payments from the accounts created in sections 5110.32 and 5110.33	73097
of the Revised Code. Of appropriation item 600-440, Ohio's Best Rx	73098
Start-Up Costs, not more than $750,000 per fiscal year may be used	73099
by the department for administrative and operational costs,	73100
excluding outreach, that are not associated with the Ohio's Best	73101
Rx Program Administrator or the payments to participating terminal	73102
distributors.	73103

If the Director of Job and Family Services estimates that the	73104
appropriation is insufficient to fully cover start-up costs, the	73105
Director shall, in consultation with the Director of Budget and	73106
Management, submit a letter to the Governor, President of the	73107
Senate, Speaker of the House of Representatives, and the minority	73108
leaders of the Senate and House of Representatives. The letter	73109
shall declare the additional appropriation estimated to be needed	73110
and shall show a breakdown of how the additional appropriation	73111
will be used. The Director of Job and Family Services shall obtain	73112
the approval of the Controlling Board for any supplemental	73113
appropriation, if required. The amount approved by the Controlling	73114
Board is hereby appropriated. The use of state funds for program	73115
costs as provided in this section shall in no way obligate the	73116
state to fund further program costs, as the program is a discount	73117
program, not an entitlement program.	73118

OHIO'S BEST RX ADMINISTRATION

73119

The foregoing appropriation item 600-673, Ohio's Best Rx	73120
Administration, shall be used on an ongoing basis to cover	73121
expenses associated with the Ohio's Best Rx Program defined in	73122
section 5110.33 of the Revised Code. If receipts to the fund	73123
exceed the appropriated amount, the Director of Job and Family	73124
Services may request that the Director of Budget and Management	73125
increase the appropriation of this fund. Upon approval from the	73126
Director of Budget and Management, the additional amounts are	73127
hereby appropriated.	73128

Section 206.66.15. PUBLIC ASSISTANCE RECONCILIATION

73129

The Director of Job and Family Services may transfer, by	73130
intrastate transfer voucher, from GRF appropriation item 600-442,	73131
Public Assistance Reconciliation, up to $30,000,000 in fiscal year	73132
2006 and up to $30,000,000 in fiscal year 2007, to the Public	73133
Assistance Reconciliation Fund (Fund 5AX), to be used by the	73134
Department of Job and Family Services to reimburse Ohio's federal	73135
TANF block grant according to the process agreed to by the	73136
Department and the federal government. Such amounts are hereby	73137
appropriated.	73138

Section 206.66.21. TANF TRANSFERS

73139

(A) Notwithstanding any provision of law to the contrary,	73140
through June 30, 2007, if the Director of Budget and Management	73141
determines that the estimated ending fund balance of the General	73142
Revenue Fund will be greater than the amounts assumed in this act	73143
for either fiscal year, the director may transfer the excess	73144
balance, up to a total of $96,000,000 to Fund 5AX, Public	73145
Assistance Reconciliation Fund, to pay the state's outstanding	73146
TANF liability to the federal government. Upon transfer, these	73147
amounts are hereby appropriated. This division does not apply to	73148
division (A) of Section 312.09, Budget Stabilization Fund	73149
Transfers, of this act.	73150

(B) In executing division (A) of this section and division	73151
(A) of Section 312.09, Budget Stabilization Fund Transfers, it is	73152
intended that these divisions be applied and construed so that	73153
both of the transfers authorized under these divisions may be made	73154
through June 30, 2007.	73155

Section 206.66.27. FISCAL YEAR 2006 AND FISCAL YEAR 2007	73156
MEDICAID REIMBURSEMENT SYSTEM FOR NURSING FACILITIES	73157

(A) As used in this section:

73158

"2003 cost report" means a complete and adequate Medicaid	73159
cost report covering calendar year 2003 filed with the Department	73160
of Job and Family Services under section 5111.23 of the Revised	73161
Code.	73162

"Nursing facility" has the same meaning as in section 5111.20	73163
of the Revised Code.	73164

"Nursing facility services" means nursing facility services	73165
covered by the Medicaid program that a nursing facility provides	73166
to a resident of the nursing facility who is a Medicaid recipient	73167
eligible for Medicaid-covered nursing facility services.	73168

(B) Except as provided in division (C) of this section, a	73169
nursing facility that has a valid Medicaid provider agreement on	73170
June 30, 2005, and a valid Medicaid provider agreement for fiscal	73171
years 2006 and 2007 shall be paid, for nursing facility services	73172
the nursing facility provides during fiscal years 2006 and 2007,	73173
the rate the nursing facility is paid for providing nursing	73174
facility services on June 30, 2005, less any amount of that rate	73175
that reflects reimbursement to the nursing facility for the	73176
franchise permit fee that the nursing facility pays under section	73177
3721.53 of the Revised Code.	73178

(C) If a nursing facility undergoes a change of provider	73179
during fiscal year 2006 or 2007, the nursing facility shall be	73180
paid, for nursing facility services the nursing facility provides	73181
during the period beginning on the effective date of the change of	73182
provider and ending June 30, 2007, the rate paid to the previous	73183
provider for nursing facility services that the previous provider	73184
provided on the day immediately before the effective date of the	73185
change of provider. However, if the effective date of the change	73186
of provider is July 1, 2005, the nursing facility's rate shall be	73187
the rate paid to the previous provider for nursing facility	73188
services that the previous provider provided on June 30, 2005,	73189
less any amount of that rate that reflects reimbursement to the	73190
previous provider for the franchise permit fee that the previous	73191
provider paid under section 3721.53 of the Revised Code.	73192

(D) If, during fiscal year 2006 or 2007, a nursing facility	73193
obtains certification as a nursing facility from the Director of	73194
Health and begins participation in the Medicaid program, the	73195
nursing facility shall be paid, for nursing facility services the	73196
nursing facility provides during the period beginning on the date	73197
the nursing facility begins participation in the Medicaid program	73198
and ending June 30, 2007, a rate that is the median of all rates	73199
paid to nursing facilities on July 1, 2006.	73200

(E) If, during fiscal year 2006 or 2007, one or more Medicaid	73201
certified beds are added to a nursing facility with a valid	73202
Medicaid provider agreement for the time that the beds are added,	73203
the nursing facility shall be paid a rate for the new beds that is	73204
the same as the nursing facility's rate for the Medicaid certified	73205
beds that are in the nursing facility on the day before the new	73206
beds are added.	73207

(F) An adjustment necessitated by an audit of a nursing	73208
facility's 2003 cost report may be applied to a rate established	73209
under this section for the nursing facility.	73210

(G) The department of job and family services shall follow	73211
this section, in determining the rate to be paid a nursing	73212
facility under the Medicaid program for nursing facility services	73213
provided during fiscal years 2006 and 2007 notwithstanding	73214
anything to the contrary in sections 5111.20 to 5111.33 of the	73215
Revised Code.	73216

Section 206.66.28. FISCAL YEAR 2006 AND FISCAL YEAR 2007	73217
MEDICAID REIMBURSEMENT SYSTEM FOR ICFs/MR	73218

(A) As used in this section:

73219

"2003 cost report" means a complete and adequate Medicaid	73220
cost report covering calendar year 2003 filed with the Department	73221
of Job and Family Services under section 5111.23 of the Revised	73222
Code.	73223

"Intermediate care facility for the mentally retarded" has	73224
the same meaning as in section 5111.20 of the Revised Code.	73225

"ICF/MR services" means intermediate care facility for the	73226
mentally retarded services covered by the Medicaid program that an	73227
intermediate care facility for the mentally retarded provides to a	73228
resident of the facility who is a Medicaid recipient eligible for	73229
Medicaid-covered intermediate care facility for the mentally	73230
retarded services.	73231

(B) Except as provided in division (C) of this section, an	73232
intermediate care facility for the mentally retarded that has a	73233
valid Medicaid provider agreement on June 30, 2005, and a valid	73234
Medicaid provider agreement for fiscal years 2006 and 2007 shall	73235
be paid, for ICF/MR services the facility provides during fiscal	73236
years 2006 and 2007, the rate the facility is paid for providing	73237
ICF/MR services on June 30, 2005.	73238

(C) If an intermediate care facility for the mentally	73239
retarded undergoes a change of provider during fiscal year 2006 or	73240
2007, the facility shall be paid, for ICF/MR services the facility	73241
provides during the period beginning on the effective date of the	73242
change of provider and ending June 30, 2007, the rate paid to the	73243
previous provider for ICF/MR services that the previous provider	73244
provided on the day immediately before the effective date of the	73245
change of provider.	73246

(D) If, during fiscal year 2006 or 2007, an intermediate care	73247
facility for the mentally retarded obtains certification as an	73248
intermediate care facility for the mentally retarded from the	73249
Director of Health and begins participation in the Medicaid	73250
program, the facility shall be paid, for ICF/MR services the	73251
facility provides during the period beginning on the date the	73252
facility begins participation in the Medicaid program and ending	73253
June 30, 2007, a rate that is the median of all rates paid to	73254
intermediate care facilities for the mentally retarded on July 1,	73255
2006.	73256

(E) If, during fiscal year 2006 or 2007, one or more Medicaid	73257
certified beds are added to an intermediate care facility for the	73258
mentally retarded with a valid Medicaid provider agreement for the	73259
time that the beds are added, the facility shall be paid a rate	73260
for the new beds that is the same as the facility's rate for the	73261
Medicaid certified beds that are in the facility on the day before	73262
the new beds are added.	73263

(F) An adjustment necessitated by an audit of an intermediate	73264
care facility for the mentally retarded's 2003 cost report may be	73265
applied to a rate established under this section for the facility.	73266

(G) The department of job and family services shall follow	73267
this section in determining the rate to be paid an intermediate	73268
care facility for the mentally retarded under the Medicaid program	73269
for ICF/MR services provided during fiscal years 2006 and 2007	73270
notwithstanding anything to the contrary in sections 5111.20 to	73271
5111.33 of the Revised Code.	73272

Section 206.66.30. ICF/MR STUDY COUNCIL

73273

(A) As used in this section:

73274

(1) "Intermediate care facility for the mentally retarded" or	73275
"ICF/MR" has the same meaning as in section 5111.20 of the Revised	73276
Code.	73277

(2) "Medicaid waiver component" has the same meaning as in	73278
section 5111.85 of the Revised Code.	73279

(B) There is hereby created the Intermediate Care Facility	73280
for the Mentally Retarded Waiver Study Council. The Council shall	73281
consist of the following members:	73282

(1) One member of the House of Representatives appointed by	73283
the Speaker of the House of Representatives and one member of the	73284
Senate appointed by the President of the Senate. The Speaker and	73285
the President jointly shall appoint one of the members to serve as	73286
chair of the Council.	73287

(2) The Director of Job and Family Services or the Director's	73288
designee;	73289

(3) The Director of Mental Retardation and Developmental	73290
Disabilities or the Director's designee;	73291

(4) One representative of each of the following	73292
organizations, appointed by the organization:	73293

(a) Advocacy and Protective Services, Incorporated;

73294

(b) The Arc of Ohio;

73295

73296

(d) People First of Ohio;

73297

(e) The Ohio Association of County Boards of Mental	73298
Retardation and Developmental Disabilities;	73299

(f) The Ohio Provider Resource Association;

73300

(g) The Ohio Health Care Association.

73301

Members of the Council shall receive no compensation for	73302
serving on the Council.	73303

(C) The Council shall study the use of a Medicaid waiver	73304
component to replace ICF/MR services. The study shall address all	73305
of the following:	73306

(1) The services that would be made available to individuals	73307
under the waiver component, compared to the services available	73308
under ICF/MR services;	73309

(2) The sources of funding for services to be made available	73310
under the waiver component and the adequacy of those funding	73311
sources, compared to funding available for ICF/MR services;	73312

(3) The impact of converting the ICF/MR service into a	73313
Medicaid waiver component on the individuals served, their	73314
families and guardians, county boards of mental retardation and	73315
developmental disabilities, and providers of services;	73316

(4) The impact of converting the ICF/MR service into a	73317
Medicaid waiver component on the ability of individuals and their	73318
families and guardians to choose services and residential settings	73319
that they consider appropriate to meet their needs;	73320

(5) The advisability of including developmental centers	73321
operated by the Department of Mental Retardation and Developmental	73322
Disabilities in the waiver component;	73323

(6) The methodology for reimbursing providers of services	73324
under the waiver component and how that methodology compares to	73325
the methodology for reimbursing ICF/MR services;	73326

(7) The cost-effectiveness of the waiver component, including	73327
administrative costs and federal funding, compared to the ICF/MR	73328
service;	73329

(8) The most effective administrative structure for the	73330
waiver component;	73331

(9) Any other matters the Council considers appropriate.

73332

(D) Not later than January 1, 2007, the Council shall submit	73333
a report of its findings and its recommendation on the question of	73334
whether the state should submit a request for approval of a waiver	73335
to the United States Secretary of Health and Human Services. If	73336
the Council recommends that the state request approval of a	73337
waiver, the Council shall include in its report detailed	73338
recommendations addressing all of the matters listed in division	73339
(C) of this section. The Council shall submit its report to the	73340
Governor, the Speaker and Minority Leader of the House of	73341
Representatives, and the President and Minority Leader of the	73342
Senate.	73343

* Section 206.66.36. ASSISTED LIVING MEDICAID WAIVER PROGRAM

73344

(A) As used in this section, "Assisted Living Program" has	73345
the same meaning as in section 5111.89 of the Revised Code.	73346

(B) After the Department of Job and Family Services enters	73347
into a contract with the Department of Aging under section 5111.91	73348
of the Revised Code for the Department of Aging to administer the	73349
Assisted Living Program, the Director of Job and Family Services	73350
shall quarterly certify to the Director of Budget and Management	73351
the estimated costs of the Assisted Living Program for the	73352
upcoming quarter. The estimate shall include the state and federal	73353
share of the costs. On receipt of the certified estimated costs	73354
for an upcoming quarter, the Director of Budget and Management	73355
shall do all of the following:	73356

(1) Transfer the state share of the amount of the estimated	73357
costs from GRF appropriation item 450-525, Health Care/Medicaid,	73358
to GRF appropriation item 490-422, Assisted Living;	73359

(2) Transfer the federal share of the amount of the estimated	73360
costs from GRF appropriation item 450-525, Health Care/Medicaid,	73361
to Fund 3C4, appropriation item 490-622, Assisted Living -	73362
Federal;	73363

(3) Increase the appropriation in JFS Fund 3G5, appropriation	73364
item 600-655, Interagency Reimbursement, by the federal share of	73365
the amount of the estimated costs.	73366

(C) The funds that the Director of Budget and Management	73367
transfers and increases under this section are hereby	73368
appropriated.	73369

* Section 206.66.37. Section 206.66.36 of this act takes	73370
effect October 1, 2005.	73371

Section 206.66.39. MEDICAID ELIGIBILITY REDUCTIONS

73372

The Director of Job and Family Services shall, not later than	73373
ninety days after the effective date of this section, submit to	73374
the United States Secretary of Health and Human Services an	73375
amendment to the state Medicaid plan to reduce to ninety per cent	73376
of the federal poverty guidelines the amount specified in division	73377
(A)(2) of section 5111.019 of the Revised Code as it existed	73378
immediately prior to the amendment made by this act. The reduction	73379
shall be implemented not earlier than ninety days after the	73380
effective date of this section and not later than the effective	73381
date of federal approval.	73382

Section 206.66.42. TERMINATION OF THE DISABILITY MEDICAL	73383
ASSISTANCE PROGRAM	73384

(A) The Department of Job and Family Services shall terminate	73385
the Disability Medical Assistance Program effective October 1,	73386
2005. All rules, standards, guidelines, or orders adopted or	73387
issued by the Director of Job and Family Services to govern the	73388
Disability Medical Assistance Program before its termination shall	73389
remain in effect on and after October 1, 2005, for the following	73390
purposes:	73391

(1) To establish the legal obligations of the Department for	73392
claims arising from the Program;	73393

(2) To determine an individual's previous eligibility for the	73394
Program;	73395

(3) To determine the validity of a claim for services under	73396
the Program;	73397

(4) To recover erroneous payments, as defined in section	73398
5115.23 of the Revised Code, made before October 1, 2005.	73399

(B) The Department may use funds appropriated to it to	73400
satisfy Program claims or contingent claims existing before	73401
October 1, 2005. The Department shall not pay claims for services	73402
rendered on or after October 1, 2005.	73403

(C) The Department shall pay a claim for services rendered by	73404
a medical provider to a Disability Medical Assistance Program	73405
recipient before October 1, 2005, only if the claim is received by	73406
the Department not later than April 1, 2006.	73407

(D) A judge or other person designated to make a decision in	73408
a state hearing, administrative appeal, or judicial proceeding	73409
initiated under section 5101.35 of the Revised Code may adjudicate	73410
an appeal of a determination made by the Department under the	73411
Program before October 1, 2005. No person may adjudicate an appeal	73412
of a determination made by the Department under the Program on or	73413
after October 1, 2005.	73414

(E) Notwithstanding the termination of the Disability Medical	73415
Assistance Program, the following remain effective on and after	73416
October 1, 2005:	73417

(1) As described in section 5101.58 of the Revised Code, the	73418
Department's and a county's right of recovery against the	73419
liability of a third party for the cost of medical services and	73420
care;	73421

(2) As described in section 5101.59 of the Revised Code, the	73422
assignment of a Program recipient's right to medical support made	73423
by court or administrative order or payments from a third party.	73424

(F) The Department may take reasonable steps to inform	73425
Program recipients about the termination of the Program. A county	73426
department of job and family services shall take action with	73427
respect to these activities when requested by the Department.	73428

(G) An action taken under division (F) of this section shall	73429
not be the basis for requiring the Department to extend the	73430
Program or to approve or extend a person's eligibility for the	73431
Program on or after October 1, 2005.	73432

(H) The Director may adopt rules in accordance with section	73433
111.15 of the Revised Code to implement this section.	73434

Section 206.66.43. MEDICAID CARE MANAGEMENT WORKING GROUP

73435

(A) The Department of Job and Family Services shall establish	73436
the Medicaid Care Management Working Group composed of the	73437
following individuals:	73438

(1) Four individuals appointed by the Department to represent	73439
Medicaid care management plans;	73440

(2) Four individuals appointed by the Department to represent	73441
major health care and behavioral care trade associations;	73442

(3) Two individuals appointed by the Department to represent	73443
consumer advocates;	73444

(4) An individual appointed by the Department to represent	73445
county boards job and family services;	73446

(5) The Director of Job and Family Services or the Director's	73447
designee;	73448

(6) The Director of Health or the Director's designee;

73449

(7) The Superintendent of Insurance or the Superintendent's	73450
designee;	73451

(8) The Director of Aging or the Director's designee;

73452

(9) The Director of Mental Health or the Director's designee;

73453

(10) The Director of Alcohol and Drug Addiction Services or	73454
the Director's designee;	73455

(11) The Director of Mental Retardation and Developmental	73456
Disabilities or the Director's designee;	73457

(12) The Director of the Rehabilitation Services Commission.

73458

(B) The Medicaid Care Management Working Group shall develop	73459
guidelines to govern managed care contracts for services provided	73460
under the Medicaid program. In developing the guidelines, the	73461
Working Group shall do all of the following:	73462

(1) Incorporate best practice standards used in current	73463
managed care programs to maximize patient and provider	73464
satisfaction and best practice standards for maintaining quality	73465
of care and cost effectiveness in a managed care setting;	73466

(2) Consider how best to increase consistency and facilitate	73467
care management expansion;	73468

(3) Provide for the coordination of regulatory relationships,	73469
including improved methods to resolve contract issues among	73470
participants in managed care systems that provide services under	73471
the Medicaid program;	73472

(4) Consider the feasibility of establishing an incentive	73473
program under which a managed care organization participating in	73474
the Medicaid Program could receive financial incentives for	73475
positive health care outcomes. In considering such a program, the	73476
Working Group shall determine specific measures of positive health	73477
care outcomes for high-risk populations, identify outcomes that	73478
constitute positive health care outcomes, and recommend ways to	73479
fund the program from the Medicaid Program's managed care budget.	73480

Section 206.66.44. MEDICAID COVERAGE OF DENTAL SERVICES

73481

For fiscal years 2006 and 2007, the Medicaid program shall	73482
cover dental services as follows:	73483

(A) For Medicaid recipients under twenty-one years of age, in	73484
at least the amount, duration, and scope that it did immediately	73485
before the effective date of this section under rules adopted	73486
under section 5111.02 of the Revised Code governing Medicaid	73487
coverage of dental services for such recipients;	73488

(B) For Medicaid recipients twenty-one years of age or older,	73489
in an amount, duration, and scope specified in rules that the	73490
Director of Job and Family Services shall adopt under section	73491
5111.02 of the Revised Code.	73492

Section 206.66.45. MEDICAID COVERAGE OF VISION SERVICES

73493

For fiscal years 2006 and 2007, the Medicaid program shall	73494
cover vision services in at least the amount, duration, and scope	73495
that the program covers such services immediately prior to the	73496
effective date of this section.	73497

Section 206.66.46. (A) The Department of Job and Family	73498
Services shall do all of the following:	73499

(1) Assess the feasibility of an interagency agreement	73500
between the Department and the Rehabilitation Services Commission	73501
whereby the Commission would perform disability determinations for	73502
programs and services offered by the Department or a county	73503
department of job and family services in which disability is an	73504
eligibility requirement;	73505

(2) Estimate potential cost-savings and other advantages, as	73506
well as any potential disadvantages, that might result from the	73507
interagency agreement;	73508

(3) Determine how the interagency agreement could be	73509
implemented, including an estimate of the approximate time needed	73510
to implement it.	73511

(B) Not later than six months after the effective date of	73512
this section, the Department shall prepare and submit a written	73513
report of its findings to the Speaker and Minority Leader of the	73514
House of Representatives and the President and Minority Leader of	73515
the Senate.	73516

Section 206.66.48. STATE MEDICAID PLAN AMENDMENT REGARDING	73517
ESTATE RECOVERY	73518

The Director of Job and Family Services shall submit a state	73519
Medicaid plan amendment to the United States Secretary of Health	73520
and Human Services as necessary for the implementation of the	73521
amendments by this act to sections 5111.11 and 5111.111 of the	73522
Revised Code.	73523

Section 206.66.49. SINGLE AUDIT OF MEDICAID DURING FY 2006	73524
AND 2007	73525

The auditor of state may, during fiscal years 2006 and 2007,	73526
conduct a single performance audit of the medicaid program, as	73527
defined in section 5111.01 of the Revised Code, to determine ways	73528
of reducing or eliminating fraud, waste, and abuse in the program,	73529
making the program more efficient, and enhancing the program's	73530
results. An audit conducted under this section shall be conducted	73531
in accordance with generally accepted government auditing	73532
standards.	73533

Section 206.66.51. MEDICAID PAYMENT FOR GRADUATE MEDICAL	73534
EDUCATION COSTS	73535

The Director of Job and Family Service shall submit to the	73536
United States Secretary of Health and Human Services an amendment	73537
to the state Medicaid plan to implement section 5111.191 of the	73538
Revised Code. The Department shall implement that section upon the	73539
Secretary's approval of the amendment.	73540

Section 206.66.52. (A) There is hereby created the Medicaid	73541
Transition Council to oversee the restructuring of Ohio's Medicaid	73542
program. The Council shall be composed of the following:	73543

(1) The Director of Job and Family Services or the Director's	73544
designee;	73545

(2) The Director of Aging or the Director's designee;

73546

(3) The Director of Drug and Alcohol Addiction Services or	73547
the Director's designee;	73548

(4) The Director of Health or the Director's designee;

73549

(5) The Director of Mental Health or the Director's designee;

73550

(6) The Director of Mental Retardation and Developmental	73551
Disabilities or the Director's designee;	73552

(7) The Director of Budget and Management or the Director's	73553
designee;	73554

(8) The State Chief Information Officer or the Officer's	73555
designee;	73556

(9) An individual appointed by the Speaker of the House of	73557
Representatives;	73558

(10) An individual appointed by the President of the Senate.

73559

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

73560

(1) Initiate, guide, and oversee the implementation of	73561
measures recommended by the Ohio Commission to Reform Medicaid;	73562

(2) Devise a centralized financing function to coordinate the	73563
activities of all executive agencies that deliver Medicaid	73564
services;	73565

(3) With regard to the future creation of a Medicaid	73566
department, all of the following:	73567

(a) Design the scope and structure of the department;

73568

(b) Develop a business plan to direct the transition of the	73569
Medicaid program from the Department of Job and Family Services to	73570
the new department;	73571

(c) Secure resources required to implement the business plan	73572
described in division (B)(3)(b) of this section.	73573

(4) By not later than December 31, 2006, submit to the	73574
Governor a written report of the Council's findings.	73575

Section 206.66.57. ODJFS FUNDS

73576

AGENCY FUND GROUP

73577

The Agency Fund Group and Holding Account Redistribution Fund	73578
Group shall be used to hold revenues until the appropriate fund is	73579
determined or until the revenues are directed to the appropriate	73580
governmental agency other than the Department of Job and Family	73581
Services. If it is determined that additional appropriation	73582
authority is necessary, such amounts are hereby appropriated.	73583

Section 206.66.60. EMPLOYER SURCHARGE

73584

The surcharge and the interest on the surcharge amounts due	73585
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	73586
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	73587
118th General Assembly, and section 4141.251 of the Revised Code	73588
as it existed prior to its repeal by Sub. H.B. 478 of the 122nd	73589
General Assembly, again shall be assessed and collected by,	73590
accounted for, and made available to the Department of Job and	73591
Family Services in the same manner as set forth in section	73592
4141.251 of the Revised Code as it existed prior to its repeal by	73593
Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the	73594
repeal of the surcharge for calendar years after 1990, pursuant to	73595
Sub. H.B. 478 of the 122nd General Assembly, except that amounts	73596
received by the Director on or after July 1, 2001, shall be	73597
deposited into the Unemployment Compensation Special	73598
Administrative Fund (Fund 4A9) established pursuant to section	73599
4141.11 of the Revised Code.	73600

Section 206.66.63. TRANSFER OF FUNDS TO THE DEPARTMENT OF	73601
AGING	73602

The Department of Job and Family Services shall transfer,	73603
through intrastate transfer vouchers, cash from Fund 4J5, Home and	73604
Community-Based Services for the Aged, to Fund 4J4, PASSPORT, in	73605
the Department of Aging. The sum of the transfers shall be	73606
$33,268,052 in fiscal year 2006 and $33,263,984 in fiscal year	73607
2007. The transfer may occur on a quarterly basis or on a schedule	73608
developed and agreed to by both departments.	73609

Section 206.66.66. PASSPORT EVALUATION

73610

(A) There is hereby created the PASSPORT Evaluation Panel to	73611
oversee the performance of an evaluation of the PASSPORT Program	73612
conducted by an independent contractor. The Panel shall be	73613
composed of the following members:	73614

(1) The Director of Job and Family Services or the Director's	73615
designee;	73616

(2) The Director of Aging or the Director's designee;

73617

(3) A representative of the Central Ohio Area Agency on	73618
Aging, appointed by the Agency;	73619

(4) A representative of PASSPORT providers, appointed by the	73620
Director of Aging;	73621

(5) A representative of the Ohio Academy of Nursing Homes,	73622
appointed by the Academy;	73623

(6) A representative of the Ohio Health Care Association,	73624
appointed by the Association;	73625

(7) A representative of the Association for Ohio	73626
Philanthropic Homes and Housing for the Aging, appointed by the	73627
Association;	73628

(8) A representative of Scripps Gerontology Center at Miami	73629
University, appointed by the Center.	73630

Panel members shall serve without compensation. The	73631
Department of Aging shall provide assistance to the PASSPORT	73632
Evaluation Panel, including support services and meeting space.	73633
The Panel shall convene not later than sixty days after the	73634
effective date of this section.	73635

(B) The Panel, with the Department of Job and Family	73636
Services, shall do all of the following:	73637

(1) Establish criteria to be used in selecting an independent	73638
contractor to evaluate the PASSPORT Program. The criteria shall	73639
specify that the independent contractor must not be affiliated	73640
with any state agency.	73641

(2) In accordance with the request for proposal process	73642
administered by the Department of Administrative Services, accept	73643
and evaluate bids from potential contractors;	73644

(3) Select to evaluate the PASSPORT Program an independent	73645
contractor that meets the criteria established by the Panel and	73646
the Department.	73647

(C) The independent contractor selected by the PASSPORT	73648
Evaluation Panel shall, in conducting the evaluation of the	73649
PASSPORT Program, do all of the following:	73650

(1) Evaluate the types of services provided under the program	73651
and determine the amount expended for each service;	73652

(2) Sample audit provider records and billing for services to	73653
determine their accuracy;	73654

(3) Determine elements of the program that may be vulnerable	73655
to fraud;	73656

(4) Evaluate the cost-effectiveness of services provided	73657
under the program;	73658

(5) Evaluate the population served and the appropriateness of	73659
the program for that population;	73660

(6) Evaluate past and present waiting lists for services and	73661
determine the impact outcomes of the delay in services;	73662

(7) Evaluate program outcomes to determine the program's	73663
effectiveness in preventing nursing home admissions;	73664

(8) Recommend improvements to correct any deficiencies found	73665
during the evaluation process, including methods to achieve	73666
greater effectiveness in attaining program objectives;	73667

(9) Any additional action requested by the PASSPORT	73668
Evaluation Panel.	73669

The independent contractor shall issue to the Panel quarterly	73670
reports and, by not later than May 15, 2007, a final report, of	73671
its findings. By not later than June 30, 2007, the PASSPORT	73672
Evaluation Panel shall approve a final report.	73673

Notwithstanding any limitations in sections 3721.51 and	73674
3721.56 of the Revised Code, in each fiscal year, cash from Fund	73675
4J5, Home and Community-Based Services for the Aged, in excess of	73676
the amounts needed for the transfers may be used by the Department	73677
of Job and Family Services for the following purposes: (A) up to	73678
$1.0 million in each fiscal year to fund the state share of audits	73679
of Medicaid cost reports filed with the Department of Job and	73680
Family Services by nursing facilities and intermediate care	73681
facilities for the mentally retarded; and (B) up to $350,000 in	73682
fiscal year 2006 and up to $350,000 in fiscal year 2007 to provide	73683
one-time transitional benefits under the Ohio Access Success	73684
Project that the Director of Job and Family Services may establish	73685
under section 5111.88 of the Revised Code.	73686

Section 206.66.69. OHIO ASSOCIATION OF SECOND HARVEST FOOD	73687
BANKS	73688

As used in this section, "federal poverty guidelines" has the	73689
same meaning as in section 5101.46 of the Revised Code.	73690

Notwithstanding section 5101.46 of the Revised Code, and	73691
prior to making any allocation to county departments of job and	73692
family services, the Department of Job and Family Services shall	73693
provide $5,500,000 in each fiscal year from the foregoing	73694
appropriation item 600-620, Social Services Block Grant, for use	73695
in funding a grant agreement with the Ohio Association of Second	73696
Harvest Food Banks. The Department shall enter into a grant	73697
agreement with the Ohio Association of Second Harvest Food Banks	73698
to reimburse it for costs incurred in the purchase of food	73699
products and the distribution of those food products to agencies	73700
participating in the emergency food distribution program.	73701
Notwithstanding section 5101.46 of the Revised Code, the grant may	73702
permit the Ohio Association of Second Harvest Food Banks to use up	73703
to 5 per cent of the annual funding for administrative costs. The	73704
Department may advance funds to the grantee under section 5101.10	73705
of the Revised Code.	73706

Prior to entering into the grant agreement, the Ohio	73707
Association of Second Harvest Food Banks shall submit to the	73708
Department for approval a plan for the distribution of the food	73709
products to local food distribution agencies. If the plan meets	73710
the requirements and conditions established by the Department, the	73711
plan shall be incorporated into the grant agreement. The grant	73712
agreement shall also require the Ohio Association of Second	73713
Harvest Food Banks to ensure that local agencies will limit	73714
participation of individuals and families who receive any of the	73715
food products purchased with these funds to those who have an	73716
income at or below 200 per cent of the federal poverty guidelines.	73717
The Department and the Ohio Association of Second Harvest Food	73718
Banks shall agree on reporting requirements to be incorporated	73719
into the grant agreement, including a statement of expected	73720
performance outcomes from the Ohio Association of Second Harvest	73721
Food Banks and a requirement for their evaluation of their success	73722
in achieving those outcomes.	73723

Section 206.66.72. TRANSFER OF FUNDS TO THE DEPARTMENT OF	73724
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES	73725

The Department of Job and Family Services shall transfer,	73726
through intrastate transfer vouchers, cash from Fund 4K1, ICF/MR	73727
Bed Assessments, to Fund 4K8, Home and Community-Based Services,	73728
in the Department of Mental Retardation and Developmental	73729
Disabilities. The amount transferred shall equal $12,000,000 in	73730
fiscal year 2006 and $12,000,000 in fiscal year 2007. The transfer	73731
may occur on a quarterly basis or on a schedule developed and	73732
agreed to by both departments.	73733

Section 206.66.75. FUNDING FOR HABILITATIVE SERVICES

73734

Notwithstanding any limitations contained in sections 5112.31	73735
and 5112.37 of the Revised Code, in each fiscal year, cash from	73736
Fund 4K1, ICF/MR Bed Assessments, in excess of the amounts needed	73737
for transfers to Fund 4K8, Home and Community-Based Services, in	73738
the Department of Mental Retardation and Developmental	73739
Disabilities, may be used by the Department of Job and Family	73740
Services to cover costs of care provided to participants in a	73741
waiver with an ICF/MR level of care requirement administered by	73742
the Department of Job and Family Services.	73743

Section 206.66.78. COMMUNITY ALTERNATIVE FUNDING SYSTEM

73744

(A) As used in this section, "habilitation center services"	73745
has the same meaning as in former section 5111.041 of the Revised	73746
Code as that section existed on June 30, 2005.	73747

(B) The Director of Job and Family Services may adopt rules	73748
under section 111.15 of the Revised Code as necessary to terminate	73749
the community alternative funding system on July 1, 2005.	73750

(C) The Department of Job and Family Services may inform	73751
individuals who received habilitation center services under the	73752
community alternative funding system on June 30, 2005, and such	73753
individuals' representatives about alternative services that may	73754
be available for the individuals. The Department may require	73755
county departments of job and family services to provide such	73756
information to the individuals and their representatives.	73757

(D) Habilitation center services provided before July 1,	73758
2005, are subject to the laws, rules, standards, guidelines, and	73759
orders regarding habilitation center services that were in effect	73760
at the time the services were provided. This includes such laws,	73761
rules, standards, guidelines, and orders regarding the	73762
responsibility for the nonfederal share of the services, the fee	73763
assessed under division (D) of section 5123.041 of the Revised	73764
Code as that section existed on the day the services were	73765
provided, cost reports, audits, and the recovery of erroneous	73766
payments.	73767

(E) The Department of Job and Family Services may use funds	73768
appropriated to the Department for the purpose of habilitation	73769
center services to satisfy a claim or contingent claim for	73770
habilitation center services provided before July 1, 2005, if the	73771
Department receives the claim or contingent claim before July 1,	73772
2006. The Department has no liability to satisfy either of the	73773
following:	73774

(1) A claim for habilitation center services provided before	73775
July 1, 2005, if the Department receives the claim on or after	73776
July 1, 2006.	73777

(2) A claim for habilitation center services provided on or	73778
after July 1, 2005.	73779

(F) To the extent authorized by section 5101.35 of the	73780
Revised Code, an individual may initiate or continue a state	73781
hearing, administrative appeal, or appeal to a court of common	73782
pleas regarding a decision or order concerning habilitation center	73783
services that were available before July 1, 2005. A decision	73784
resulting from a state hearing, administrative appeal, or appeal	73785
to a court of common pleas may not extend an individual's	73786
eligibility for habilitation center services beyond June 30, 2005.	73787
No individual may utilize section 5101.35 of the Revised Code to	73788
contest the July 1, 2005, termination of the community alternative	73789
funding system.	73790

(G) Neither of the following are abrogated by the termination	73791
of the community alternative funding system:	73792

(1) The right of recovery given to the Department of Job and	73793
Family Services or a county department of job and family services	73794
under section 5101.58 of the Revised Code for habilitation center	73795
services provided before July 1, 2005.	73796

(2) The right to medical support or payments from a third	73797
party that is assigned to the Department under section 5101.59 of	73798
the Revised Code for habilitation center services provided before	73799
July 1, 2005.	73800

Section 206.66.84. CHILDREN'S TRUST FUND

73801

Notwithstanding sections 3109.13 to 3109.18 of the Revised	73802
Code, in fiscal year 2006, the Director of Budget and Management	73803
shall transfer $1,500,000 cash from the Children's Trust Fund	73804
(Fund 198 in the Department of Job and Family Services) to the	73805
Partnerships for Success Fund (Fund 5BH in the Department of Youth	73806
Services). On or before January 1, 2007, the Director of Budget	73807
and Management shall transfer to the Children's Trust Fund (Fund	73808
198) any amount of cash that remains unspent in the Partnerships	73809
for Success Fund (Fund 5BH).	73810

HOSPITAL CARE ASSURANCE MATCH FUND

73811

Appropriation item 600-650, Hospital Care Assurance Match,	73812
shall be used by the Department of Job and Family Services in	73813
accordance with division (B) of section 5112.18 of the Revised	73814
Code.	73815

Section 206.66.87. HEALTH CARE SERVICES ADMINISTRATION

73816

The foregoing appropriation item 600-654, Health Care	73817
Services Administration, shall be used by the Department of Job	73818
and Family Services for costs associated with the administration	73819
of the Medicaid program.	73820

Section 206.66.90. HEALTH CARE SERVICES ADMINISTRATION FUND

73821

Of the amount received by the Department of Job and Family	73822
Services during fiscal year 2006 and fiscal year 2007 from the	73823
first installment of assessments paid under section 5112.06 of the	73824
Revised Code and intergovernmental transfers made under section	73825
5112.07 of the Revised Code, the Director of Job and Family	73826
Services shall deposit $350,000 in each fiscal year into the state	73827
treasury to the credit of the Health Care Services Administration	73828
Fund (Fund 5U3).	73829

Section 206.66.93. CHILD SUPPORT COLLECTIONS/TANF MOE

73830

The foregoing appropriation item 600-658, Child Support	73831
Collections, shall be used by the Department of Job and Family	73832
Services to meet the TANF maintenance of effort requirements of	73833
Pub. L. No. 104-193. Once the state is assured that it will meet	73834
the maintenance of effort requirement, the Department of Job and	73835
Family Services may use funds from appropriation item 600-658,	73836
Child Support Collections, to support public assistance	73837
activities.	73838

Section 206.66.96. MEDICAID PROGRAM SUPPORT FUND - STATE

73839

The foregoing appropriation item 600-671, Medicaid Program	73840
Support, shall be used by the Department of Job and Family	73841
Services to pay for Medicaid services and contracts. The	73842
Department may also deposit to Fund 5C9 revenues received from	73843
other state agencies for Medicaid services under the terms of	73844
interagency agreements between the Department and other state	73845
agencies, and all funds the Department recovers because the	73846
benefits a person received under the disability medical assistance	73847
program established in section 5115.10 of the Revised Code were	73848
determined to be covered by the medical assistance program	73849
established under Chapter 5111. of the Revised Code.	73850

Section 206.66.99. TRANSFERS OF IMD/DSH CASH TO THE	73851
DEPARTMENT OF MENTAL HEALTH	73852

The Department of Job and Family Services shall transfer,	73853
through intrastate transfer voucher, cash from Fund 5C9, Medicaid	73854
Program Support, to the Department of Mental Health's Fund 4X5,	73855
OhioCare, in accordance with an interagency agreement that	73856
delegates authority from the Department of Job and Family Services	73857
to the Department of Mental Health to administer specified	73858
Medicaid services.	73859

Section 206.67.03. FEDERAL UNEMPLOYMENT PROGRAMS

73860

All unexpended funds remaining at the end of fiscal year 2005	73861
that were appropriated and made available to the state under	73862
section 903(d) of the Social Security Act, as amended, in the	73863
foregoing appropriation item 600-678, Federal Unemployment	73864
Programs (Fund 3V4), are hereby appropriated to the Department of	73865
Job and Family Services. Upon the request of the Director of Job	73866
and Family Services, the Director of Budget and Management shall	73867
increase the appropriation for fiscal year 2006 by the amount	73868
remaining unspent from the fiscal year 2005 appropriation and	73869
shall increase the appropriation for fiscal year 2007 by the	73870
amount remaining unspent from the fiscal year 2006 appropriation.	73871
The appropriation shall be used under the direction of the	73872
Department of Job and Family Services to pay for administrative	73873
activities for the Unemployment Insurance Program, employment	73874
services, and other allowable expenditures under section 903(d) of	73875
the Social Security Act, as amended.	73876

The amounts obligated pursuant to this section shall not	73877
exceed at any time the amount by which the aggregate of the	73878
amounts transferred to the account of the state under section	73879
903(d) of the Social Security Act, as amended, exceeds the	73880
aggregate of the amounts obligated for administration and paid out	73881
for benefits and required by law to be charged against the amounts	73882
transferred to the account of the state.	73883

Section 206.67.06. WORKFORCE DEVELOPMENT GRANT AGREEMENT

73884

The Department of Job and Family Services may use	73885
appropriations from appropriation item 600-688, Workforce	73886
Investment Act, to provide financial assistance for workforce	73887
development activities included in a grant agreement entered into	73888
by the department in accordance with section 5101.20 of the	73889
Revised Code.	73890

Section 206.67.07. ACCOUNTABILITY AND CREDIBILITY TOGETHER

73891

Of the foregoing appropriation item 600-689, TANF Block	73892
Grant, $1 million in each fiscal year shall be allocated to	73893
Accountability and Credibility Together (ACT) to continue its	73894
welfare diversion program for TANF eligible individuals.	73895

Section 206.67.08. KINSHIP CAREGIVER SUBSIDY PROGRAM

73896

Of the foregoing appropriation item 600-689, TANF Block Grant	73897
(Fund 3V6), $10 million per fiscal year shall be used to support	73898
the activities of the Kinship Caregiver Subsidy Program created	73899
under section 5101.802 of the Revised Code.	73900

Section 206.67.09. OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

73901

Of the foregoing appropriation item 600-689, TANF Block Grant	73902
(Fund 3V6), the Department of Job and Family Services shall use	73903
$600,000 in each fiscal year to support expenditures of the Ohio	73904
Alliance of Boys and Girls Clubs to provide after-school programs	73905
that protect at-risk children and enable youth to become	73906
responsible adults. The Ohio Alliance of Boys and Girls Clubs	73907
shall provide nutritional meals, snacks, and educational, youth	73908
development, and career development services to TANF eligible	73909
children participating in programs and activities operated by	73910
eligible Boys and Girls Clubs.	73911

The Department shall provide an annual grant of $600,000 in	73912
each fiscal year to the Ohio Alliance of Boys and Girls Clubs. As	73913
soon as possible after entering into a grant agreement at the	73914
beginning of each fiscal year, the Department of Job and Family	73915
Services shall distribute the grant funds in one single payment.	73916
The Department of Job and Family Services and the Ohio Alliance of	73917
Boys and Girls Clubs shall agree on reporting requirements to be	73918
incorporated into the grant agreement.	73919

The Ohio Alliance of Boys and Girls Clubs shall return any	73920
fiscal year 2006 funds from this grant remaining unspent on June	73921
30, 2006, to the Ohio Department of Job and Family Services not	73922
later than November 1, 2006. The Ohio Alliance of Boys and Girls	73923
Clubs shall return any fiscal year 2007 funds from this grant	73924
remaining unspent on June 30, 2007, to the Ohio Department of Job	73925
and Family Services not later than November 1, 2007.	73926

Section 206.67.A. CHILD WELFARE TRAINING INITIATIVE

73927

Of the foregoing appropriation item 600-689, TANF Block Grant	73928
(Fund 3V6), $200,000 per fiscal year shall be provided to the	73929
National Center for Adoption Law and Policy to fund a	73930
multi-disciplinary child welfare training initiative. The	73931
Department of Job and Family Services shall coordinate with the	73932
National Center for Adoption Law and Policy to determine the focus	73933
of the training provided each year and to ensure that the training	73934
is designed to meet one of the four purposes of the Temporary	73935
Assistance to Needy Families program.	73936

* Section 206.67.10. EMPLOYMENT RETENTION INCENTIVE PROGRAM

73937

(A) As used in this section:

73938

(1) "Assistance group" has the same meaning as in section	73939
5107.02 of the Revised Code.	73940

(2) "Ohio Works First" means the program established under	73941
Chapter 5107. of the Revised Code.	73942

(B) Subject to section 5101.801 of the Revised Code, in	73943
fiscal year 2007 the Department of Job and Family Services may	73944
establish and administer the Employment Retention Incentive	73945
Program under which the Department provides cash payments to	73946
eligible assistance groups. The Department shall use the foregoing	73947
appropriation item 600-689, TANF Block Grant, to fund the program.	73948

To be eligible for the Employment Retention Incentive	73949
Program, an assistance group must meet all of the following	73950
requirements:	73951

(1) The assistance group must apply using an application that	73952
contains all of the information that rules specified in this	73953
section require in accordance with the application process	73954
established in those rules;	73955

(2) The assistance group must have ceased to participate in	73956
Ohio Works First in accordance with rules specified in this	73957
section;	73958

(3) The assistance group must include a member who was	73959
employed during the last month the assistance group participated	73960
in Ohio Works First in accordance with rules specified in this	73961
section;	73962

(4) That member of the assistance group must remain employed	73963
in accordance with rules specified in this section;	73964

(5) The assistance group must meet all other eligibility	73965
requirements established in rules specified in this section.	73966

(C) If the Department establishes the Employment Retention	73967
Incentive Program, the Department shall provide cash payments	73968
under the program in a manner that enables the cash payments to be	73969
excluded from the definition of "assistance" in 45 C.F.R.	73970
260.31(a) and instead be benefits that 45 C.F.R. 260.31(b)	73971
excludes from the definition of assistance. Each county Department	73972
of Job and Family Services shall make eligibility determinations	73973
for the program and perform other administrative duties for the	73974
program in accordance with rules specified in this section.	73975

(D) If the Department establishes the Employment Retention	73976
Incentive Program, the Department shall adopt rules under division	73977
(C) of section 5101.801 of the Revised Code to establish all of	73978
the following for the program:	73979

(1) The information that an application for the program must	73980
contain;	73981

(2) The application process for the program, including the	73982
process to verify eligibility for the program;	73983

(3) The manner in which an assistance group must have ceased	73984
to participate in Ohio Works First for the assistance group to	73985
qualify for the program;	73986

(4) The manner in which an assistance group member must have	73987
been employed during the last month the assistance group	73988
participated in Ohio Works First for the assistance group to	73989
qualify for the program;	73990

(5) The manner in which an assistance group member must	73991
remain employed for the assistance group to qualify for the	73992
program;	73993

(6) Other eligibility requirements for the program;

73994

(7) The amounts that eligible assistance groups are to	73995
receive as cash payments under the program;	73996

(8) The frequency and duration that eligible assistance	73997
groups are to receive cash payments under the program;	73998

(9) Requirements governing county departments' administrative	73999
duties regarding the program.	74000

(E) In adopting rules under division (D)(2) of this section	74001
establishing the application process for the Employment Retention	74002
Incentive Program, the director may not require that application	74003
be submitted to county departments of job and family services.	74004

* Section 206.67.11. Section 206.67.10 of this act takes	74005
effect July 1, 2006.	74006

Section 206.67.12. EARLY LEARNING INITIATIVE

74007

(A) As used in this section:

74008

(1) "Title IV-A services" means benefits and services that	74009
are allowable under Title IV-A of the "Social Security Act," as	74010
specified in 42 U.S.C. 604(a), except that they shall not be	74011
benefits and services included in the term "assistance" as defined	74012
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	74013
excluded from the definition of the term "assistance" under 45	74014
C.F.R. 260.31(b).	74015

(2) "Title IV-A funds" means funds provided under the	74016
temporary assistance for needy families block grant established by	74017
Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42	74018
U.S.C. 601, as amended.	74019

(3) "Child care" has the same meaning as in section 5104.01	74020
of the Revised Code.	74021

(4) "Eligible child" means a child eligible for Title IV-A	74022
services whose family income does not exceed one hundred	74023
eighty-five per cent of the federal poverty line at application.	74024
If the family income of a child receiving early learning services	74025
under this section exceeds one hundred ninety-five per cent of the	74026
federal poverty line, the child ceases to be eligible for an early	74027
learning program.	74028

(5) "Early learning program" means a program for eligible	74029
children that is funded with Title IV-A funds and provides Title	74030
IV-A services that are both of the following:	74031

(a) Early learning services, as defined by the Department of	74032
Education pursuant to division (C)(1) of Section 206.09.54 of this	74033
act;	74034

(b) Child care.

74035

(6) "Early learning provider" means an entity that is	74036
receiving Title IV-A funds to operate an early learning program.	74037

(7) "Early learning agency" means an early learning provider	74038
or an entity that has entered into an agreement with an early	74039
learning provider requiring the early learning provider to operate	74040
an early learning program on behalf of the entity.	74041

(8) "Federal poverty line" has the same meaning as in section	74042
5104.01 of the Revised Code.	74043

(B) The Department of Job and Family Services and the	74044
Department of Education shall administer the Early Learning	74045
Initiative, established under Section 206.09.54 of this act, in	74046
accordance with sections 5101.80 and 5101.801 of the Revised Code.	74047
The Initiative shall provide early learning programs and child	74048
care to eligible children.	74049

(C) The Department of Job and Family Services shall do all of	74050
the following:	74051

(1) In consultation with the Department of Education, develop	74052
an application form and criteria for the selection of early	74053
learning agencies. The criteria shall require an early learning	74054
agency, or each early learning provider with which the agency has	74055
entered into an agreement for the operation of an early learning	74056
program on the agency's behalf, to be licensed or certified by the	74057
Department of Education under sections 3301.52 to 3301.59 of the	74058
Revised Code or by the Department of Job and Family Services under	74059
Chapter 5104. of the Revised Code.	74060

(2) Enter into a contract with each early learning agency in	74061
accordance with Section 206.09.54 of this act;	74062

(3) Reimburse early learning agencies for Title IV-A services	74063
provided to eligible children according to the terms of the	74064
contract and the rules adopted under division (C)(4) of this	74065
section;	74066

(4) In consultation with the Department of Education, adopt	74067
rules in accordance with Chapter 119. of the Revised Code to	74068
implement the Early Learning Initiative. The rules shall include	74069
provisions regarding the establishment of co-payments for families	74070
of eligible children whose family income is more than one hundred	74071
sixty-five per cent of the federal poverty line but equal to or	74072
less than one hundred ninety-five per cent of the federal poverty	74073
line. The rules shall exempt from co-payment requirements those	74074
families whose family income is equal to or less than one hundred	74075
sixty-five per cent of the federal poverty line. The rules also	74076
shall include a definition of "weekly attendance rate" for the	74077
purpose of reimbursing early learning agencies.	74078

(5) In consultation with the Department of Education,	74079
establish a caretaker employment eligibility requirement for	74080
participation in the Early Learning Initiative that specifies the	74081
minimum number of hours that the caretaker of the eligible child	74082
must be employed and the time period over which the minimum number	74083
of hours is to be measured.	74084

(D) Each county department of job and family services shall	74085
determine eligibility for Title IV-A services for children seeking	74086
to enroll in an early learning program and shall establish	74087
co-payment requirements in accordance with the rules adopted under	74088
division (C)(4) of this section.	74089

(E) The Department of Job and Family Services shall ensure	74090
that all reimbursements paid to an early learning agency under	74091
this section are only for Title IV-A services provided to eligible	74092
children.	74093

(F) Upon the transfer of appropriation from Department of	74094
Education appropriation line 200-663, Early Learning Initiative	74095
(Fund 5W2), to Department of Job and Family Services appropriation	74096
item 600-689, TANF Block Grant (Fund 3V6), up to $94,380,000 in	74097
fiscal year 2006 and up to $113,256,000 in fiscal year 2007 shall	74098
be used to reimburse early learning agencies under this section.	74099
The Department of Job and Family Services shall provide up to	74100
10,000 slots of services for eligible children in fiscal year 2006	74101
and up to 12,000 slots of services for eligible children in fiscal	74102
year 2007 through the Early Learning Initiative. In each fiscal	74103
year, the Department shall allocate at least seventeen slots of	74104
services to each county in the state.	74105

If, on or after the thirty-first day of December of each	74106
fiscal year, the Director of Budget and Management, in	74107
consultation with the Director of Job and Family Services and the	74108
Superintendent of Public Instruction, determines that there is a	74109
balance of funds in the Early Learning Initiative in either fiscal	74110
year 2006 or fiscal year 2007, the Director of Budget and	74111
Management may approve the use of the funds by the Department of	74112
Job and Family Services to provide publicly funded child care, as	74113
defined in section 5104.01 of the Revised Code.	74114

Of the foregoing appropriation item 600-689, TANF Block Grant	74115
(Fund 3V6), up to $800,000 in each fiscal year may be used by the	74116
Department of Job and Family Services for administration of the	74117
Early Learning Initiative.	74118

The Director of Budget and Management, at the request of the	74119
Director of Job and Family Services, may transfer in each fiscal	74120
year up to $2,200,000 cash from the Temporary Assistance for Needy	74121
Families Federal Fund (Fund 3V6) to the Early Learning Initiative	74122
(Fund 5W2) for administration of the Early Learning Initiative by	74123
the Department of Education.	74124

(G) Any contract executed prior to July 1, 2005, between an	74125
early learning agency, the Department of Job and Family Services,	74126
and the Department of Education shall be deemed to be effective as	74127
of July 1, 2005, upon issuance of a state purchase order even if	74128
such purchase order is approved at some later date, unless the	74129
executed contract expressly provides for a start date after July	74130
1, 2005.	74131

Section 206.67.15. PRESCRIPTION DRUG REBATE FUND

74132

The foregoing appropriation item 600-692, Health Care	74133
Services, shall be used by the Department of Job and Family	74134
Services in accordance with section 5111.081 of the Revised Code.	74135
Moneys recovered by the Department for either hospital settlements	74136
or pursuant to the Department's rights of recovery under section	74137
5101.58 of the Revised Code, that are not directed to the Health	74138
Care Services Administration Fund (Fund 5U3) under section 5111.94	74139
of the Revised Code, shall also be deposited into Fund 5P5.	74140

Section 206.67.18. MEDICAID COVERAGE OF ALCOHOL, DRUG	74141
ADDICTION, AND MENTAL HEALTH SERVICES	74142

(A) The amendments made by this act to section 5111.911 of	74143
the Revised Code pertaining to the contracts between the	74144
Department of Job and Family Services and the Departments of	74145
Mental Health and Alcohol and Drug Addiction Services established	74146
as interagency agreements for the administration of components of	74147
the Medicaid program shall be implemented according to the	74148
following schedule:	74149

(1) As soon as practicable after the amendments go into	74150
effect, the contracts shall require or specify procedures for	74151
implementation of utilization review.	74152

(2) Not later than July 1, 2006, the contracts shall require	74153
or specify procedures for implementation of utilization management	74154
and care management.	74155

(3) Not later than July 1, 2007, the contracts shall require	74156
or specify a process for making payments to providers based on a	74157
provider-specific fixed-rate reimbursement methodology.	74158

(B) To the maximum extent possible, the amendments to section	74159
5111.911 of the Revised Code shall be implemented in a manner that	74160
is consistent with the "State of Ohio Community Behavioral Health	74161
Medicaid Business Plan" finalized in August 2004, by the	74162
Departments of Job and Family Services, Mental Health, and Alcohol	74163
and Drug Addiction Services and the Ohio Association of Behavioral	74164
Health Authorities.	74165

Section 206.67.21. AGED, BLIND, AND DISABLED MANAGED CARE

74166

(A) Not later than June 30, 2006, the Director of Job and	74167
Family Services, in conjunction with the Office of Budget and	74168
Management, shall determine the amounts necessary to implement the	74169
Aged, Blind, and Disabled Managed Care Program.	74170

(B)(1) Notwithstanding section 183.02 of the Revised Code, on	74171
July 1, 2006, or as soon as possible thereafter, the Director of	74172
Budget and Management shall transfer cash equal to the state share	74173
of the amount determined pursuant to division (A) of this section	74174
from the Tobacco Master Settlement Agreement Fund (Fund 087) to	74175
the ABD Managed Care – State Fund (Fund 5BZ in the Department of	74176
Job and Family Services), which is hereby created. Of the tobacco	74177
revenue that is credited to the Tobacco Master Settlement	74178
Agreement Fund (Fund 087) in fiscal year 2006, the share that is	74179
determined pursuant to section 183.02 of the Revised Code to be	74180
the amount transferred by the Director of Budget and Management	74181
from the Tobacco Master Settlement Agreement Fund (Fund 087) to	74182
the Tobacco Use Prevention and Cessation Trust Fund (Fund H87)	74183
shall be reduced by the amount that is transferred from the	74184
Tobacco Master Settlement Agreement Fund (Fund 087) to the ABD	74185
Managed Care – State Fund (Fund 5BZ) in accordance with this	74186
section. The amounts transferred under this division are hereby	74187
appropriated to appropriation item 600-698, ABD Managed Care –	74188
State.	74189

(2) Not later than July 31, 2007, the Director of Budget and	74190
Management shall transfer the unencumbered cash balance of the ABD	74191
Managed Care – State Fund (Fund 5BZ) to the Tobacco Use Prevention	74192
and Cessation Trust Fund (Fund H87).	74193

(C) The Department of Job and Family Services shall deposit	74194
federal reimbursement received for the Aged, Blind, and Disabled	74195
Managed Care Program into the ABD Managed Care – Federal Fund	74196
(Fund 3AZ), which is hereby created. Amounts deposited into Fund	74197
3AZ are hereby appropriated to appropriation item 600-699, ABD	74198
Managed Care – Federal.	74199

Section 206.67.24. WAIVER OF FOOD STAMP WORK REQUIREMENTS

74200

Pursuant to 7 U.S.C. 2015(o)(4)(A)(i), the Department of Job	74201
and Family Services shall request that the United States Secretary	74202
of Agriculture waive the applicability of the work requirement of	74203
7 U.S.C. 2015(o)(2) during fiscal years 2006 and 2007 to food	74204
stamp benefit recipients who reside in a county of this state that	74205
the Department determines has an unemployment rate of over 10 per	74206
cent or does not have a sufficient number of jobs to provide	74207
employment for the recipients. The Department shall make monthly	74208
determinations of which counties the waiver shall be in effect in.	74209
No individual may be exempted from the work requirements for more	74210
than a total of twelve months beginning July 1, 2005, and ending	74211
June 30, 2007.	74212

The Department shall report to the Speaker and Minority	74213
Leader of the House of Representatives and President and Minority	74214
Leader of the Senate on receipt or rejection of the waiver sought	74215
under this section.	74216

Section 206.72. JCO JUDICIAL CONFERENCE OF OHIO

74217

General Revenue Fund

74218

GRF	018-321		Operating Expenses		$	957,000		$	957,000		74219
TOTAL GRF General Revenue Fund					$	957,000		$	957,000		74220

General Services Fund Group

74221

403	018-601	Ohio Jury Instructions	$	225,000	$	225,000	74222
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	74223
TOTAL ALL BUDGET FUND GROUPS			$	1,182,000	$	1,182,000	74224

STATE COUNCIL OF UNIFORM STATE LAWS

74225

Notwithstanding section 105.26 of the Revised Code, of the	74226
foregoing appropriation item 018-321, Operating Expenses, up to	74227
$66,000 in fiscal year 2006 and up to $68,000 in fiscal year 2007	74228
may be used to pay the expenses of the State Council of Uniform	74229
State Laws, including membership dues to the National Conference	74230
of Commissioners on Uniform State Laws.	74231

OHIO JURY INSTRUCTIONS FUND

74232

The Ohio Jury Instructions Fund (Fund 403) shall consist of	74233
grants, royalties, dues, conference fees, bequests, devises, and	74234
other gifts received for the purpose of supporting costs incurred	74235
by the Judicial Conference of Ohio in dispensing educational and	74236
informational data to the state's judicial system. Fund 403 shall	74237
be used by the Judicial Conference of Ohio to pay expenses	74238
incurred in dispensing educational and informational data to the	74239
state's judicial system. All moneys accruing to Fund 403 in excess	74240
of $225,000 in fiscal year 2006 and in excess of $225,000 in	74241
fiscal year 2007 are hereby appropriated for the purposes	74242
authorized.	74243

No money in the Ohio Jury Instructions Fund shall be	74244
transferred to any other fund by the Director of Budget and	74245
Management or the Controlling Board.	74246

Section 206.75. JSC THE JUDICIARY/SUPREME COURT

74247

General Revenue Fund

74248

GRF	005-321	Operating Expenses - Judiciary/Supreme Court	$	118,855,655	$	121,441,259	74249
GRF	005-401	State Criminal Sentencing Council	$	328,676	$	343,730	74250
GRF	005-406	Law-Related Education	$	216,131	$	222,615	74251
GRF	005-502	Commission for Legal Education Opportunity	$	435,000	$	875,000	74252
TOTAL GRF General Revenue Fund			$	119,835,462	$	122,882,604	74253

General Services Fund Group

74254

672	005-601		Continuing Judicial Education		$	130,000		$	130,000		74255
TOTAL GSF General Services Fund Group					$	130,000		$	130,000		74256

Federal Special Revenue Fund Group

74257

3J0	005-603		Federal Grants		$	848,070		$	861,382		74258
TOTAL FED Federal Special Revenue Fund Group					$	848,070		$	861,382		74259

State Special Revenue Fund Group

74260

4C8	005-605	Attorney Registration	$	3,169,774	$	3,264,867	74261
5T8	005-609	Grants and Awards	$	10,000	$	10,000	74262
6A8	005-606	Supreme Court Admissions	$	1,410,718	$	1,453,042	74263
643	005-607	Commission on Continuing Legal Education	$	569,203	$	586,261	74264
TOTAL SSR State Special Revenue Fund Group			$	5,159,695	$	5,314,170	74265
TOTAL ALL BUDGET FUND GROUPS			$	125,973,227	$	129,188,156	74266

LAW-RELATED EDUCATION

74267

The foregoing appropriation item 005-406, Law-Related	74268
Education, shall be distributed directly to the Ohio Center for	74269
Law-Related Education for the purposes of providing continuing	74270
citizenship education activities to primary and secondary	74271
students, expanding delinquency prevention programs, increasing	74272
activities for at-risk youth, and accessing additional public and	74273
private money for new programs.	74274

COMMISSION FOR LEGAL EDUCATION OPPORTUNITY

74275

The foregoing appropriation item 005-502, Commission for	74276
Legal Education Opportunity, shall be used to fund activities of	74277
the Commission for Legal Education Opportunity created by the	74278
Chief Justice of the Supreme Court of Ohio for purposes of	74279
assisting minority, low-income, and educationally disadvantaged	74280
college graduates in transition to legal education. Moneys	74281
appropriated to the Commission for Legal Education Opportunity may	74282
be used to establish and provide intensive course study designed	74283
to prepare eligible college graduates for law education, provide	74284
annual stipends for students who successfully complete the course	74285
of study and are admitted to and maintain satisfactory academic	74286
standing in an Ohio law school, and pay the administrative costs	74287
associated with the program.	74288

CONTINUING JUDICIAL EDUCATION

74289

The Continuing Judicial Education Fund (Fund 672) shall	74290
consist of fees paid by judges and court personnel for attending	74291
continuing education courses and other gifts and grants received	74292
for the purpose of continuing judicial education. The foregoing	74293
appropriation item 005-601, Continuing Judicial Education, shall	74294
be used to pay expenses for continuing education courses for	74295
judges and court personnel. If it is determined by the	74296
Administrative Director of the Supreme Court that additional	74297
appropriations are necessary, the amounts are hereby appropriated.	74298

No money in the Continuing Judicial Education Fund shall be	74299
transferred to any other fund by the Director of Budget and	74300
Management or the Controlling Board. Interest earned on moneys in	74301
the Continuing Judicial Education Fund shall be credited to the	74302
fund.	74303

FEDERAL GRANTS

74304

The Federal Grants Fund (Fund 3J0) shall consist of grants	74305
and other moneys awarded to the Supreme Court (The Judiciary) by	74306
the United States Government or other entities that receive the	74307
moneys directly from the United States Government and distribute	74308
those moneys to the Supreme Court (The Judiciary). The foregoing	74309
appropriation item 005-603, Federal Grants, shall be used in a	74310
manner consistent with the purpose of the grant or award. If it is	74311
determined by the Administrative Director of the Supreme Court	74312
that additional appropriations are necessary, the amounts are	74313
hereby appropriated.	74314

No money in the Federal Grants Fund shall be transferred to	74315
any other fund by the Director of Budget and Management or the	74316
Controlling Board. However, interest earned on moneys in the	74317
Federal Grants Fund shall be credited or transferred to the	74318
General Revenue Fund.	74319

ATTORNEY REGISTRATION

74320

In addition to funding other activities considered	74321
appropriate by the Supreme Court, the foregoing appropriation item	74322
005-605, Attorney Registration, may be used to compensate	74323
employees and to fund appropriate activities of the following	74324
offices established by the Supreme Court under the Rules for the	74325
Government of the Bar of Ohio: the Office of Disciplinary Counsel,	74326
the Board of Commissioners on Grievances and Discipline, the	74327
Clients' Security Fund, the Board of Commissioners on the	74328
Unauthorized Practice of Law, and the Office of Attorney	74329
Registration. If it is determined by the Administrative Director	74330
of the Supreme Court that additional appropriations are necessary,	74331
the amounts are hereby appropriated.	74332

No moneys in the Attorney Registration Fund shall be	74333
transferred to any other fund by the Director of Budget and	74334
Management or the Controlling Board. Interest earned on moneys in	74335
the Attorney Registration Fund shall be credited to the fund.	74336

GRANTS AND AWARDS

74337

The Grants and Awards Fund (Fund 5T8) shall consist of grants	74338
and other moneys awarded to the Supreme Court (The Judiciary) by	74339
the State Justice Institute, the Division of Criminal Justice	74340
Services, or other entities. The foregoing appropriation item	74341
005-609, Grants and Awards, shall be used in a manner consistent	74342
with the purpose of the grant or award. If it is determined by the	74343
Administrative Director of the Supreme Court that additional	74344
appropriations are necessary, the amounts are hereby appropriated.	74345

No moneys in the Grants and Awards Fund shall be transferred	74346
to any other fund by the Director of Budget and Management or the	74347
Controlling Board. However, interest earned on moneys in the	74348
Grants and Awards Fund shall be credited or transferred to the	74349
General Revenue Fund.	74350

SUPREME COURT ADMISSIONS

74351

The foregoing appropriation item 005-606, Supreme Court	74352
Admissions, shall be used to compensate Supreme Court employees	74353
who are primarily responsible for administering the attorney	74354
admissions program under the Rules for the Government of the Bar	74355
of Ohio, and to fund any other activities considered appropriate	74356
by the court. Moneys shall be deposited into the Supreme Court	74357
Admissions Fund (Fund 6A8) under the Supreme Court Rules for the	74358
Government of the Bar of Ohio. If it is determined by the	74359
Administrative Director of the Supreme Court that additional	74360
appropriations are necessary, the amounts are hereby appropriated.	74361

No moneys in the Supreme Court Admissions Fund shall be	74362
transferred to any other fund by the Director of Budget and	74363
Management or the Controlling Board. Interest earned on moneys in	74364
the Supreme Court Admissions Fund shall be credited to the fund.	74365

CONTINUING LEGAL EDUCATION

74366

The foregoing appropriation item 005-607, Commission on	74367
Continuing Legal Education, shall be used to compensate employees	74368
of the Commission on Continuing Legal Education established under	74369
the Supreme Court Rules for the Government of the Bar of Ohio, and	74370
to fund other activities of the commission considered appropriate	74371
by the court. If it is determined by the Administrative Director	74372
of the Supreme Court that additional appropriations are necessary,	74373
the amounts are hereby appropriated.	74374

No moneys in the Continuing Legal Education Fund shall be	74375
transferred to any other fund by the Director of Budget and	74376
Management or the Controlling Board. Interest earned on moneys in	74377
the Continuing Legal Education Fund shall be credited to the fund.	74378

Section 206.78. LEC LAKE ERIE COMMISSION

74379

State Special Revenue Fund Group

74380

4C0	780-601	Lake Erie Protection Fund	$	875,000	$	875,000	74381
5D8	780-602	Lake Erie Resources Fund	$	486,072	$	492,794	74382
TOTAL SSR State Special Revenue							74383
Fund Group			$	1,361,072	$	1,367,794	74384
TOTAL ALL BUDGET FUND GROUPS			$	1,361,072	$	1,367,794	74385

CASH TRANSFER

74386

Not later than the thirtieth day of November of each fiscal	74387
year, the Executive Director of the Ohio Lake Erie Office, with	74388
the approval of the Lake Erie Commission, shall certify to the	74389
Director of Budget and Management the cash balance in the Lake	74390
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	74391
operating expenses of the Lake Erie Office. The Lake Erie Office	74392
may request the Director of Budget and Management to transfer up	74393
to the certified amount from the Lake Erie Resources Fund (Fund	74394
5D8) to the Lake Erie Protection Fund (Fund 4C0). The Director of	74395
Budget and Management may transfer the requested amount, or the	74396
Director may transfer a different amount up to the certified	74397
amount. Cash transferred shall be used for the purposes described	74398
in division (A) of section 1506.23 of the Revised Code. The amount	74399
transferred by the director is hereby appropriated to the	74400
foregoing appropriation item 780-601, Lake Erie Protection Fund,	74401
which shall be increased by the amount transferred.	74402

Section 206.81. LRS LEGAL RIGHTS SERVICE

74403

General Revenue Fund

74404

GRF	054-100	Personal Services	$	162,281	$	162,281	74405
GRF	054-200	Maintenance	$	33,938	$	33,938	74406
GRF	054-300	Equipment	$	1,856	$	1,856	74407
GRF	054-401	Ombudsman	$	291,247	$	291,247	74408
TOTAL GRF General Revenue Fund			$	489,322	$	489,322	74409

General Services Fund Group

74410

416	054-601	Gifts and Donations	$	1,352	$	1,352	74411
5M0	054-610	Settlements	$	75,000	$	75,000	74412
TOTAL GSF General Services							74413
Fund Group			$	76,352	$	76,352	74414

Federal Special Revenue Fund Group

74415

3AG	054-613	Protection and Advocacy - Voter Accessibility	$	114,089	$	114,089	74416
3B8	054-603	Protection and Advocacy - Mentally Ill	$	1,059,041	$	1,059,041	74417
3N3	054-606	Protection and Advocacy - Individual Rights	$	550,283	$	550,283	74418
3N9	054-607	Assistive Technology	$	141,686	$	141,686	74419
3R9	054-604	Family Support Collaborative	$	50,000	$	50,000	74420
3T2	054-609	Client Assistance Program	$	400,553	$	400,553	74421
3X1	054-611	Protection and Advocacy for Beneficiaries of Social Security	$	187,784	$	187,784	74422
3Z6	054-612	Traumatic Brain Injury	$	65,138	$	65,138	74423
305	054-602	Protection and Advocacy - Developmentally Disabled	$	1,369,082	$	1,369,082	74424
TOTAL FED Federal Special Revenue							74425
Fund Group			$	3,937,656	$	3,937,656	74426

State Special Revenue Fund Group

74427

5AE	054-614	Grants and Contracts	$	75,000	$	75,000	74428
TOTAL SSR State Special Revenue Fund Group			$	75,000	$	75,000	74429
TOTAL ALL BUDGET FUND GROUPS			$	4,578,330	$	4,578,330	74430

Section 206.84. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

74432

General Revenue Fund

74433

GRF	028-321		Legislative Ethics Committee		$	550,000		$	550,000		74434
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		74435

TOTAL ALL BUDGET FUND GROUPS

550,000

74436

Section 206.87. LSC LEGISLATIVE SERVICE COMMISSION

74438

General Revenue Fund

74439

GRF	035-321	Operating Expenses	$	14,770,000	$	14,770,000	74440
GRF	035-402	Legislative Interns	$	1,012,000	$	1,012,000	74441
GRF	035-403	Legislative Budget Office	$	656,427	$	1,256,427	74442
GRF	035-404	Legislative Office of Education Oversight	$	600,000	$	0	74443
GRF	035-405	Correctional Institution Inspection Committee	$	375,000	$	390,000	74444
GRF	035-409	National Associations	$	445,000	$	456,000	74445
GRF	035-410	Legislative Information Systems	$	3,625,000	$	3,625,000	74446
TOTAL GRF General Revenue Fund			$	21,483,427	$	21,509,427	74447

General Services Fund Group

74448

4F6	035-603	Legislative Budget Services	$	152,000	$	152,500	74449
410	035-601	Sale of Publications	$	25,000	$	25,000	74450
TOTAL GSF General Services							74451
Fund Group			$	177,000	$	177,500	74452
TOTAL ALL BUDGET FUND GROUPS			$	21,660,427	$	21,686,927	74453

ELIMINATION OF LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT

74454

The Office of Legislative Office of Education Oversight shall	74455
complete statutorily required studies by December 31, 2005. On	74456
January 1, 2006, the Director of Budget and Management shall	74457
transfer the unencumbered cash balance from appropriation item	74458
035-404, Legislative Office of Education Oversight, to	74459
appropriation item 035-403, Legislative Budget Office.	74460

Section 206.90. LIB STATE LIBRARY BOARD

74461

General Revenue Fund

74462

GRF	350-321	Operating Expenses	$	6,398,677	$	6,398,677	74463
GRF	350-400	Ohio Public Library Information Network	$	4,230,000	$	4,230,000	74464
GRF	350-401	Ohioana Rental Payments	$	124,816	$	124,816	74465
GRF	350-501	Library for the Blind-Cincinnati	$	535,615	$	535,615	74466
GRF	350-502	Regional Library Systems	$	1,010,441	$	1,010,441	74467
GRF	350-503	Library for the Blind-Cleveland	$	805,642	$	805,642	74468
TOTAL GRF General Revenue Fund			$	13,105,191	$	13,105,191	74469

General Services Fund Group

74470

139	350-602	Intra-Agency Service Charges	$	9,000	$	9,000	74471
4S4	350-604	OPLIN Technology	$	3,000,000	$	3,000,000	74472
459	350-602	Interlibrary Service Charges	$	2,469,925	$	2,708,092	74473
TOTAL GSF General Services							74474
Fund Group			$	5,478,925	$	5,717,092	74475

Federal Special Revenue Fund Group

74476

313	350-601	LSTA Federal	$	5,643,905	$	5,643,905	74477
TOTAL FED Federal Special Revenue							74478
Fund Group			$	5,643,905	$	5,643,905	74479
TOTAL ALL BUDGET FUND GROUPS			$	24,228,021	$	24,466,188	74480

OHIOANA LIBRARY ASSOCIATION OPERATING FUNDS

74481

Of the foregoing appropriation item 350-321, Operating	74482
Expenses, $100,000 shall be used in each fiscal year to cover	74483
operating costs of the Ohioana Library Association.	74484

OHIOANA RENTAL PAYMENTS

74485

The foregoing appropriation item 350-401, Ohioana Rental	74486
Payments, shall be used to pay the rental expenses of the Martha	74487
Kinney Cooper Ohioana Library Association pursuant to section	74488
3375.61 of the Revised Code.	74489

LIBRARY FOR THE BLIND-CINCINNATI

74490

The foregoing appropriation item 350-501, Library for the	74491
Blind-Cincinnati, shall be used for the Talking Book program,	74492
which assists the blind and disabled.	74493

REGIONAL LIBRARY SYSTEMS

74494

The foregoing appropriation item 350-502, Regional Library	74495
Systems, shall be used to support regional library systems	74496
eligible for funding under sections 3375.83 and 3375.90 of the	74497
Revised Code.	74498

LIBRARY FOR THE BLIND-CLEVELAND

74499

The foregoing appropriation item 350-503, Library for the	74500
Blind-Cleveland, shall be used for the Talking Book program, which	74501
assists the blind and disabled.	74502

OHIO PUBLIC LIBRARY INFORMATION NETWORK

74503

The foregoing appropriation items 350-604, OPLIN Technology,	74504
and 350-400, Ohio Public Library Information Network, shall be	74505
used for an information telecommunications network linking public	74506
libraries in the state and such others as may be certified as	74507
participants by the Ohio Public Library Information Network Board.	74508

The Ohio Public Library Information Network Board shall	74509
consist of eleven members appointed by the State Library Board	74510
from among the staff of public libraries and past and present	74511
members of boards of trustees of public libraries, based on the	74512
recommendations of the Ohio library community. The Ohio Public	74513
Library Information Network Board, in consultation with the State	74514
Library, shall develop a plan of operations for the network. The	74515
board may make decisions regarding use of the foregoing	74516
appropriation items 350-400, Ohio Public Library Information	74517
Network, and 350-604, OPLIN Technology, may receive and expend	74518
grants to carry out the operations of the network in accordance	74519
with state law, and may appoint and fix the compensation of a	74520
director and necessary staff. The State Library shall be the	74521
fiscal agent for the network and shall have fiscal accountability	74522
for the expenditure of funds. The Ohio Public Library Information	74523
Network Board members shall be reimbursed for actual travel and	74524
necessary expenses incurred in carrying out their	74525
responsibilities.	74526

In order to limit access to obscene and illegal materials	74527
through internet use at Ohio Public Library Information Network	74528
(OPLIN) terminals, local libraries with OPLIN computer terminals	74529
shall adopt policies that control access to obscene and illegal	74530
materials. These policies may include use of technological systems	74531
to select or block certain internet access. The OPLIN shall	74532
condition provision of its funds, goods, and services on	74533
compliance with these policies. The OPLIN Board shall also adopt	74534
and communicate specific recommendations to local libraries on	74535
methods to control such improper usage. These methods may include	74536
each library implementing a written policy controlling such	74537
improper use of library terminals and requirements for parental	74538
involvement or written authorization for juvenile internet usage.	74539

The OPLIN Board shall research and assist or advise local	74540
libraries with regard to emerging technologies and methods that	74541
may be effective means to control access to obscene and illegal	74542
materials. The OPLIN Executive Director shall biannually provide	74543
written reports to the Governor, the Speaker and Minority Leader	74544
of the House of Representatives, and the President and Minority	74545
Leader of the Senate on any steps being taken by OPLIN and public	74546
libraries in the state to limit and control such improper usage as	74547
well as information on technological, legal, and law enforcement	74548
trends nationally and internationally affecting this area of	74549
public access and service.	74550

The Ohio Public Library Information Network, INFOhio, and	74551
OhioLINK shall, to the extent feasible, coordinate and cooperate	74552
in their purchase or other acquisition of the use of electronic	74553
databases for their respective users and shall contribute funds in	74554
an equitable manner to such effort.	74555

Section 206.93. LCO LIQUOR CONTROL COMMISSION

74556

Liquor Control Fund Group

74557

043	970-321	Operating Expenses	$	781,181	$	803,348	74558
TOTAL LCF Liquor Control Fund Group			$	781,181	$	803,348	74559
TOTAL ALL BUDGET FUND GROUPS			$	781,181	$	803,348	74560

Section 206.96. LOT STATE LOTTERY COMMISSION

74562

General Services Fund Group

74563

231	950-604		Charitable Gaming Oversight		$	1,200,000		$	1,200,000		74564
TOTAL GSF General Services Fund Group					$	1,200,000		$	1,200,000		74565

State Lottery Fund Group

74566

044	950-100	Personal Services	$	24,969,422	$	25,457,016	74567
044	950-200	Maintenance	$	17,642,894	$	17,954,156	74568
044	950-300	Equipment	$	2,517,533	$	2,494,718	74569
044	950-402	Game and Advertising Contracts	$	70,524,000	$	70,024,000	74570
044	950-500	Problem Gambling Subsidy	$	335,000	$	335,000	74571
044	950-601	Prizes, Bonuses, and Commissions	$	150,952,466	$	147,716,286	74572
871	950-602	Annuity Prizes	$	148,680,031	$	138,918,557	74573
TOTAL SLF State Lottery Fund							74574
Group			$	415,621,346	$	402,899,733	74575
TOTAL ALL BUDGET FUND GROUPS			$	416,821,346	$	404,099,733	74576

OPERATING EXPENSES

74577

Notwithstanding sections 127.14 and 131.35 of the Revised	74578
Code, the Controlling Board may, at the request of the State	74579
Lottery Commission, authorize additional appropriations for	74580
operating expenses of the State Lottery Commission from the State	74581
Lottery Fund up to a maximum of 15 per cent of anticipated total	74582
revenue accruing from the sale of lottery tickets.	74583

PRIZES, BONUSES, AND COMMISSIONS

74584

Any amounts, in addition to the amounts appropriated in	74585
appropriation item 950-601, Prizes, Bonuses, and Commissions, that	74586
the Director of the State Lottery Commission determines to be	74587
necessary to fund prizes, bonuses, and commissions are hereby	74588
appropriated.	74589

ANNUITY PRIZES

74590

With the approval of the Office of Budget and Management, the	74591
State Lottery Commission shall transfer cash from the State	74592
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	74593
(Fund 871) in an amount sufficient to fund deferred prizes. The	74594
Treasurer of State, from time to time, shall credit the Deferred	74595
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	74596
by the Treasurer of State on invested balances.	74597

Any amounts, in addition to the amounts appropriated in	74598
appropriation item 950-602, Annuity Prizes, that the Director of	74599
the State Lottery Commission determines to be necessary to fund	74600
deferred prizes and interest earnings are hereby appropriated.	74601

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

74602

The Ohio Lottery Commission shall transfer an amount greater	74603
than or equal to $637,900,000 in fiscal year 2006 and $637,900,000	74604
in fiscal year 2007 to the Lottery Profits Education Fund.	74605
Transfers from the Commission to the Lottery Profits Education	74606
Fund shall represent the estimated net income from operations for	74607
the Commission in fiscal year 2006 and fiscal year 2007. Transfers	74608
by the Commission to the Lottery Profits Education Fund shall be	74609
administered as the statutes direct.	74610

Section 206.99. MHC MANUFACTURED HOMES COMMISSION

74611

General Services Fund Group

74612

4K9	996-609	Operating Expenses	$	272,500	$	0	74613
TOTAL GSF General Services							74614
Fund Group			$	272,500	$	0	74615
TOTAL ALL BUDGET FUND GROUPS			$	272,500	$	0	74616

INCREASED APPROPRIATION THROUGH CONTROLLING BOARD

74617

The Manufactured Homes Commission shall seek Controlling	74618
Board approval in fiscal year 2006 for a planned increase of at	74619
least $356,250 in appropriation item 996-609, Operating Expenses.	74620

Section 209.01. DOM DEPARTMENT OF OHIO MEDICAID

74621

General Revenue Fund

74622

GRF	450-425	Office of Ohio Health Plans					74623
		State	$	24,803,631	$	24,054,873	74624
		Federal	$	26,539,544	$	25,810,409	74625
		Office of Ohio Health Plans Total	$	51,343,175	$	49,865,282	74626

GRF	450-525	Health Care/Medicaid					74627
		State	$	3,781,842,629	$	3,820,340,675	74628
		Federal	$	5,659,250,287	$	5,768,292,576	74629
		Health Care Total	$	9,441,092,916	$	9,588,633,251	74630
GRF	450-526	Medicare Part D	$	155,349,266	$	339,578,325	74631
Total GRF General Revenue Fund							74632
		State	$	3,961,995,526	$	4,183,973,873	74633
		Federal	$	5,685,789,831	$	5,794,102,985	74634
		GRF Total	$	9,647,785,357	$	9,978,076,858	74635
TOTAL ALL BUDGET FUND GROUPS			$	9,647,785,357	$	9,978,076,858	74636

Section 209.01.03. MEDICAID APPROPRIATIONS

74638

The foregoing appropriation items 450-425, Office of Ohio	74639
Health Plans, 450-525, Health Care/Medicaid, and 450-526, Medicare	74640
Part D, shall be used by the Department of Job and Family Services	74641
for the Ohio Medicaid program.	74642

Section 209.01.06. HEALTH CARE/MEDICAID

74643

The foregoing appropriation item 450-525, Health	74644
Care/Medicaid, shall not be limited by section 131.33 of the	74645
Revised Code.	74646

Section 209.01.09. MEDICARE PART D

74647

The foregoing appropriation item 450-526, Medicare Part D,	74648
may be used by the Department of Job and Family Services for the	74649
implementation and operation of the Medicare Part D requirements	74650
contained in the "Medicare Prescription Drug, Improvement, and	74651
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	74652
the request of the Department of Job and Family Services, the	74653
Director of Budget and Management may increase the state share of	74654
appropriations in either appropriation item 450-525, Health	74655
Care/Medicaid, or appropriation item 450-526, Medicare Part D,	74656
with a corresponding decrease in the state share of the other	74657
appropriation item to allow the Department of Job and Family	74658
Services to implement and operate the new Medicare Part D	74659
requirements. If the state share of appropriation item 450-525,	74660
Health Care/Medicaid, is adjusted, the Director of Budget and	74661
Management shall adjust the federal share accordingly.	74662

Section 209.03. MED STATE MEDICAL BOARD

74663

General Services Fund Group

74664

5C6	883-609	Operating Expenses	$	7,467,317	$	7,467,317	74665
TOTAL GSF General Services							74666
Fund Group			$	7,467,317	$	7,467,317	74667
TOTAL ALL BUDGET FUND GROUPS			$	7,467,317	$	7,467,317	74668

Section 209.04. AMB MEDICAL TRANSPORTATION BOARD

74670

General Services Fund Group

74671

4N1	915-601	Operating Expenses	$	388,450	$	0	74672
TOTAL GSF General Services							74673
Fund Group			$	388,450	$	0	74674
TOTAL ALL BUDGET FUND GROUPS			$	388,450	$	0	74675

Section 209.06. DMH DEPARTMENT OF MENTAL HEALTH

74677

General Services Fund Group

74678

151	235-601	General Administration	$	89,614,180	$	93,898,713	74679
TOTAL ISF Intragovernmental							74680
Service Fund Group			$	89,614,180	$	93,898,713	74681

Division of Mental Health--

74682

Psychiatric Services to Correctional Facilities

74683

General Revenue Fund

74684

GRF	332-401		Forensic Services		$	4,338,858		$	4,338,858		74685
TOTAL GRF General Revenue Fund					$	4,338,858		$	4,338,858		74686

FORENSIC SERVICES

74687

The foregoing appropriation item 332-401, Forensic Services,	74688
shall be used to provide psychiatric services to courts of common	74689
pleas. The appropriation shall be allocated through community	74690
mental health boards to certified community agencies and shall be	74691
distributed according to the criteria delineated in rule	74692
5122:4-1-01 of the Administrative Code. These community forensic	74693
funds may also be used to provide forensic training to community	74694
mental health boards and to forensic psychiatry residency programs	74695
in hospitals operated by the Department of Mental Health and to	74696
provide evaluations of patients of forensic status in facilities	74697
operated by the Department of Mental Health prior to conditional	74698
release to the community.	74699

In addition, appropriation item 332-401, Forensic Services,	74700
may be used to support projects involving mental health, substance	74701
abuse, courts, and law enforcement to identify and develop	74702
appropriate alternative services to institutionalization for	74703
nonviolent mentally ill offenders, and to provide linkage to	74704
community services for severely mentally disabled offenders	74705
released from institutions operated by the Department of	74706
Rehabilitation and Correction. Funds may also be utilized to	74707
provide forensic monitoring and tracking in addition to community	74708
programs serving persons of forensic status on conditional release	74709
or probation.	74710

Division of Mental Health--

74711

Administration and Statewide Programs

74712

General Revenue Fund

74713

GRF	333-321	Central Administration	$	23,853,669	$	23,853,669	74714
GRF	333-402	Resident Trainees	$	1,364,919	$	1,364,919	74715
GRF	333-403	Pre-Admission Screening Expenses	$	650,135	$	650,135	74716
GRF	333-415	Lease-Rental Payments	$	23,296,200	$	23,833,600	74717
GRF	333-416	Research Program Evaluation	$	1,001,551	$	1,001,551	74718
TOTAL GRF General Revenue Fund			$	50,166,474	$	50,703,874	74719

General Services Fund Group

74720

149	333-609		Central Office Rotary - Operating		$	883,773		$	893,786		74721
TOTAL General Services Fund Group					$	883,773		$	893,786		74722

Federal Special Revenue Fund Group

74723

3A6	333-608	Community & Hospital Services	$	65,000	$	0	74724
3A8	333-613	Federal Grant - Administration	$	562,417	$	512,417	74725
3A9	333-614	Mental Health Block Grant	$	748,740	$	748,470	74726
3B1	333-635	Community Medicaid Expansion	$	3,671,537	$	3,691,683	74727
324	333-605	Medicaid/Medicare	$	150,000	$	150,000	74728
TOTAL Federal Special Revenue							74729
Fund Group			$	5,197,694	$	5,102,570	74730

State Special Revenue Fund Group

74731

4X5	333-607	Behavioral Health Medicaid Services	$	3,000,634	$	3,000,634	74732
485	333-632	Mental Health Operating	$	134,233	$	134,233	74733
TOTAL State Special Revenue							74734
Fund Group			$	3,134,867	$	3,134,867	74735
TOTAL ALL BUDGET FUND GROUPS			$	59,382,808	$	59,835,097	74736

RESIDENCY TRAINEESHIP PROGRAMS

74737

The foregoing appropriation item 333-402, Resident Trainees,	74738
shall be used to fund training agreements entered into by the	74739
Department of Mental Health for the development of curricula and	74740
the provision of training programs to support public mental health	74741
services.	74742

PRE-ADMISSION SCREENING EXPENSES

74743

The foregoing appropriation item 333-403, Pre-Admission	74744
Screening Expenses, shall be used to pay for costs to ensure that	74745
uniform statewide methods for pre-admission screening are in place	74746
to perform assessments for persons in need of mental health	74747
services or for whom institutional placement in a hospital or in	74748
another inpatient facility is sought. Pre-admission screening	74749
includes the following activities: pre-admission assessment,	74750
consideration of continued stay requests, discharge planning and	74751
referral, and adjudication of appeals and grievance procedures.	74752

LEASE-RENTAL PAYMENTS

74753

The foregoing appropriation item 333-415, Lease-Rental	74754
Payments, shall be used to meet all payments at the times they are	74755
required to be made during the period from July 1, 2005, to June	74756
30, 2007, by the Department of Mental Health under leases and	74757
agreements made under section 154.20 of the Revised Code, but	74758
limited to the aggregate amount of $47,129,800. Nothing in this	74759
act shall be deemed to contravene the obligation of the state to	74760
pay, without necessity for further appropriation, from the sources	74761
pledged thereto, the bond service charges on obligations issued	74762
under section 154.20 of the Revised Code.	74763

BEHAVIORAL HEALTH MEDICAID SERVICES

74764

The Department of Mental Health shall administer specified	74765
Medicaid Services as delegated by the Department of Job and Family	74766
Services in an interagency agreement. The foregoing appropriation	74767
item 333-607, Behavioral Health Medicaid Services, may be used to	74768
make payments for free-standing psychiatric hospital inpatient	74769
services as defined in an interagency agreement with the	74770
Department of Job and Family Services.	74771

Section 209.06.03. DIVISION OF MENTAL HEALTH - HOSPITALS

74772

General Revenue Fund

74773

GRF	334-408	Community and Hospital Mental Health Services	$	390,424,545	$	400,324,545	74774
GRF	334-506	Court Costs	$	976,652	$	976,652	74775
TOTAL GRF General Revenue Fund			$	391,401,197	$	401,301,197	74776

General Services Fund Group

74777

149	334-609	Hospital Rotary - Operating Expenses	$	24,408,053	$	24,408,053	74778
150	334-620	Special Education	$	120,930	$	120,930	74779
TOTAL GSF General Services							74780
Fund Group			$	24,528,983	$	24,528,983	74781

Federal Special Revenue Fund Group

74782

3A6	334-608	Subsidy for Federal Grants	$	586,224	$	586,224	74783
3A8	334-613	Federal Letter of Credit	$	200,000	$	200,000	74784
3B0	334-617	Elementary and Secondary Education Act	$	171,930	$	178,807	74785
3B1	334-635	Hospital Medicaid Expansion	$	2,000,000	$	2,000,000	74786
324	334-605	Medicaid/Medicare	$	11,764,280	$	11,873,408	74787
TOTAL FED Federal Special Revenue							74788
Fund Group			$	14,722,434	$	14,838,439	74789

State Special Revenue Fund Group

74790

485	334-632	Mental Health Operating	$	2,476,297	$	2,476,297	74791
692	334-636	Community Mental Health Board Risk Fund	$	80,000	$	80,000	74792
TOTAL SSR State Special Revenue							74793
Fund Group			$	2,556,297	$	2,556,297	74794
TOTAL ALL BUDGET FUND GROUPS			$	433,208,911	$	443,224,916	74795

COMMUNITY MENTAL HEALTH BOARD RISK FUND

74796

The foregoing appropriation item 334-636, Community Mental	74797
Health Board Risk Fund, shall be used to make payments under	74798
section 5119.62 of the Revised Code.	74799

Section 209.06.06. DIVISION OF MENTAL HEALTH - COMMUNITY	74800
SUPPORT SERVICES	74801

General Revenue Fund

74802

GRF	335-404	Behavioral Health Services-Children	$	6,365,265	$	7,365,265	74803
GRF	335-405	Family & Children First	$	1,760,000	$	1,760,000	74804
GRF	335-419	Community Medication Subsidy	$	7,959,798	$	7,959,798	74805
GRF	335-505	Local Mental Health Systems of Care	$	94,687,868	$	99,687,868	74806
TOTAL GRF General Revenue Fund			$	110,772,931	$	116,772,931	74807

General Services Fund Group

74808

4P9	335-604	Community Mental Health Projects	$	250,000	$	250,000	74809
TOTAL GSF General Services							74810
Fund Group			$	250,000	$	250,000	74811

Federal Special Revenue Fund Group

74812

3A6	335-608	Federal Miscellaneous	$	1,089,699	$	678,699	74813
3A7	335-612	Social Services Block Grant	$	8,657,288	$	8,657,288	74814
3A8	335-613	Federal Grant - Community Mental Health Board Subsidy	$	2,407,040	$	2,407,040	74815
3A9	335-614	Mental Health Block Grant	$	14,969,400	$	14,969,400	74816
3B1	335-635	Community Medicaid Expansion	$	264,088,404	$	282,807,902	74817
TOTAL FED Federal Special Revenue Fund Group			$	291,211,831	$	309,520,329	74818

State Special Revenue Fund Group

74819

632	335-616		Community Capital Replacement		$	350,000		$	350,000		74820
TOTAL SSR State Special Revenue Fund Group					$	350,000		$	350,000		74821

TOTAL ALL BUDGET FUND GROUPS	$	402,584,762	$	426,893,260	74822
DEPARTMENT TOTAL					74823
GENERAL REVENUE FUND	$	556,679,460	$	573,116,860	74824
DEPARTMENT TOTAL					74825
GENERAL SERVICES FUND GROUP	$	115,276,926	$	119,571,482	74826
DEPARTMENT TOTAL					74827
FEDERAL SPECIAL REVENUE					74828
FUND GROUP	$	311,131,959	$	329,461,338	74829
DEPARTMENT TOTAL					74830
STATE SPECIAL REVENUE FUND GROUP	$	6,041,164	$	6,041,164	74831
DEPARTMENT TOTAL					74832
TOTAL DEPARTMENT OF MENTAL HEALTH	$	989,129,519	$	1,028,190,844	74833

Section 209.06.09. COMMUNITY MEDICATION SUBSIDY

74835

The foregoing appropriation item 335-419, Community	74836
Medication Subsidy, shall be used to provide subsidized support	74837
for psychotropic medication needs of indigent citizens in the	74838
community to reduce unnecessary hospitalization because of lack of	74839
medication and to provide subsidized support for methadone costs.	74840

LOCAL MENTAL HEALTH SYSTEMS OF CARE

74841

The foregoing appropriation item 335-505, Local Mental Health	74842
Systems of Care, shall be used for mental health services provided	74843
by community mental health boards in accordance with a community	74844
mental health plan submitted under section 340.03 of the Revised	74845
Code and as approved by the Department of Mental Health.	74846

Of the foregoing appropriation, not less than $34,818,917 in	74847
fiscal year 2006 and not less than $34,818,917 in fiscal year 2007	74848
shall be distributed by the Department of Mental Health on a per	74849
capita basis to community mental health boards.	74850

Of the foregoing appropriation, $100,000 in each fiscal year	74851
shall be used to fund family and consumer education and support.	74852

BEHAVIORAL HEALTH - CHILDREN

74853

The foregoing appropriation item 335-404, Behavioral Health	74854
Services-Children, shall be used to provide behavioral health	74855
services for children and their families. Behavioral health	74856
services include mental health and alcohol and other drug	74857
treatment services and other necessary supports.	74858

Of the foregoing appropriation item 335-404, Behavioral	74859
Health Services-Children, an amount up to $5.0 million in fiscal	74860
year 2006 and $6.0 million in fiscal year 2007 shall be	74861
distributed to local Alcohol, Drug Addiction, and Mental Health	74862
Boards; Community Mental Health Boards; and Alcohol and Drug	74863
Addiction Boards, based upon an approved plan developed and	74864
endorsed by the local Family and Children First Council. Plans for	74865
the use of these funds shall be approved by a team of state and	74866
local stakeholders appointed by the Ohio Family and Children First	74867
Cabinet Council. This team shall be appointed not later than July	74868
1, 2005, and shall include, but not be limited to, all of the	74869
following:	74870

(A) At least one representative from each of the Departments	74871
of Alcohol and Drug Addiction Services, Mental Health, Education,	74872
Job and Family Services, Mental Retardation and Developmental	74873
Disabilities, and the Department of Youth Services;	74874

(B) At least one person representing local public children's	74875
services agencies;	74876

74877

(D) At least one person representing local Alcohol, Drug	74878
Addiction, and Mental Health Boards; Community Mental Health	74879
Boards; and Alcohol and Drug Addiction Boards;	74880

(E) At least one person representing local Family and	74881
Children First Council Coordinators;	74882

(F) At least one family representative.

74883

Plans shall be clearly connected to the county service	74884
coordination mechanism as defined in section 121.37 of the Revised	74885
Code and shall address all of the following as determined by a	74886
team of state and local stakeholders appointed by the Ohio Family	74887
and Children First Cabinet Council:	74888

(A) Providing services to children with behavioral health	74889
disorders, particularly those with intensive needs, and their	74890
families, across all child-serving systems, including child	74891
welfare and juvenile justice and for those youth whose parents	74892
would otherwise have to relinquish custody to obtain needed	74893
behavioral health services;	74894

(B) Assuring that families are included in all service	74895
planning activities and have access to advocates to assist them if	74896
they choose;	74897

(C) Implementation of home-based services and other	74898
alternatives to out-of-home placement;	74899

(D) Assuring that all individual service plans for children	74900
and their families address the academic achievement of the child;	74901

(E) Coordinating the most efficient and effective use of	74902
federal, state, and local funds to meet the needs of children and	74903
their families.	74904

Funds may be used to support the following services and	74905
activities:	74906

(A) Mental health services provided by the Ohio Department of	74907
Mental Health certified agencies and alcohol and other drug	74908
services provided by Department of Alcohol and Drug Addiction	74909
Services certified agencies;	74910

(B) Services and supports for children and their families	74911
that further the implementation of their individual service plans;	74912

(C) Treatment services in out-of-home settings, including	74913
residential facilities, when other alternatives are not available	74914
or feasible;	74915

(D) Administrative support for efforts associated with this	74916
initiative;	74917

(E) These funds shall not be used to supplant existing	74918
efforts.	74919

The Ohio Family and Children First Cabinet Council appointed	74920
team shall approve the plans for local behavioral health services	74921
and ensure the plans are components of and properly coordinated	74922
with the county service coordination plan as defined in section	74923
121.37 of the Revised Code. In addition to approving the plans for	74924
new behavioral health funding, this team shall design a mechanism	74925
to provide technical assistance to local communities, monitor the	74926
plans, and may, as part of the monitoring role, conduct site	74927
visits.	74928

Of the foregoing appropriation item 335-404, Behavioral	74929
Health Services-Children, an amount up to $1.0 million in fiscal	74930
year 2006 and $1.0 million in fiscal year 2007 shall be used to	74931
support at least three demonstration projects, as determined by	74932
the Ohio Family and Children First Cabinet Council, in select	74933
areas around the state to focus on improving behavioral health	74934
services for children involved in the child welfare and juvenile	74935
justice systems. At least one of these demonstration projects	74936
shall focus on services for adolescent girls that are involved in	74937
or at risk of involvement with the juvenile justice system.	74938

Section 209.09. DMR DEPARTMENT OF MENTAL RETARDATION AND	74939
DEVELOPMENTAL DISABILITIES	74940

Section 209.09.03. GENERAL ADMINISTRATION AND STATEWIDE	74941
SERVICES	74942

General Revenue Fund

74943

GRF	320-321	Central Administration	$	9,357,877	$	9,357,874	74944
GRF	320-412	Protective Services	$	2,463,000	$	2,463,000	74945
GRF	320-415	Lease-Rental Payments	$	23,296,200	$	23,833,600	74946
TOTAL GRF General Revenue Fund			$	35,117,077	$	35,654,474	74947

General Services Fund Group

74948

4B5	320-640	Conference/Training	$	300,000	$	300,000	74949
TOTAL GSF General Services							74950
Fund Group			$	300,000	$	300,000	74951

Federal Special Revenue Fund Group

74952

3A4	320-605	Administrative Support	$	13,492,892	$	13,492,892	74953
3A5	320-613	DD Council Operating	$	895,440	$	895,440	74954
		Expenses					74955
325	320-634	Protective Services	$	100,000	$	100,000	74956
TOTAL FED Federal Special Revenue							74957
Fund Group			$	14,488,332	$	14,488,332	74958

State Special Revenue Fund Group							74959
5S2	590-622	Medicaid Administration & Oversight	$	8,000,000	$	8,000,000	74960
TOTAL SSR State Special Revenue							74961
Fund Group			$	8,000,000	$	8,000,000	74962
TOTAL ALL GENERAL ADMINISTRATION							74963
AND STATEWIDE SERVICES							74964
BUDGET FUND GROUPS			$	57,905,409	$	58,442,806	74965

LEASE-RENTAL PAYMENTS

74966

The foregoing appropriation item 320-415, Lease-Rental	74967
Payments, shall be used to meet all payments at the times they are	74968
required to be made during the period from July 1, 2005, to June	74969
30, 2007, by the Department of Mental Retardation and	74970
Developmental Disabilities under leases and agreements made under	74971
section 154.20 of the Revised Code, but limited to the aggregate	74972
amount of $47,129,800. Nothing in this act shall be deemed to	74973
contravene the obligation of the state to pay, without necessity	74974
for further appropriation, from the sources pledged thereto, the	74975
bond service charges on obligations issued under section 154.20 of	74976
the Revised Code.	74977

Section 209.09.06. COMMUNITY SERVICES

74978

General Revenue Fund

74979

GRF	322-405	State Use Program	$	268,040	$	268,040	74980
GRF	322-413	Residential and Support Services	$	7,423,021	$	7,423,021	74981
GRF	322-416	Waiver State Match	$	103,090,738	$	104,397,504	74982
GRF	322-417	Supported Living	$	43,160,198	$	43,160,198	74983
GRF	322-451	Family Support Services	$	6,938,898	$	6,938,898	74984
GRF	322-452	Service and Support Administration	$	8,672,730	$	8,672,730	74985
GRF	322-501	County Boards Subsidies	$	32,193,542	$	32,193,542	74986
GRF	322-503	Tax Equity	$	14,500,000	$	14,500,000	74987
TOTAL GRF General Revenue Fund			$	216,247,167	$	217,553,933	74988

General Services Fund Group

74989

4U4	322-606	Community MR and DD Trust	$	300,000	$	50,000	74990
4V1	322-611	Family and Children First	$	625,000	$	625,000	74991
488	322-603	Provider Audit Refunds	$	350,000	$	350,000	74992
TOTAL GSF General Services							74993
Fund Group			$	1,275,000	$	1,025,000	74994

Federal Special Revenue Fund Group

74995

3A4	322-605	Community Program Support	$	1,500,000	$	1,500,000	74996
3A5	322-613	DD Council Grants	$	3,204,240	$	3,204,240	74997
3G6	322-639	Medicaid Waiver	$	373,772,814	$	373,772,814	74998
3M7	322-650	CAFS Medicaid	$	125,924,299	$	103,773,730	74999
325	322-608	Grants for Infants and Families with Disabilities	$	1,763,165	$	1,763,165	75000
325	322-612	Community Social Service Programs	$	11,500,000	$	11,500,000	75001
TOTAL FED Federal Special Revenue							75002
Fund Group			$	517,664,518	$	495,513,949	75003

State Special Revenue Fund Group

75004

4K8	322-604	Waiver - Match	$	12,000,000	$	12,000,000	75005
5H0	322-619	Medicaid Repayment	$	25,000	$	25,000	75006
5Z1	322-624	County Board Waiver Match	$	82,000,000	$	82,000,000	75007
TOTAL SSR State Special Revenue							75008
Fund Group			$	94,025,000	$	94,025,000	75009
TOTAL ALL COMMUNITY SERVICES							75010
BUDGET FUND GROUPS			$	829,211,685	$	808,117,882	75011

RESIDENTIAL AND SUPPORT SERVICES

75012

The Department of Mental Retardation and Developmental	75013
Disabilities may designate a portion of appropriation item	75014
322-413, Residential and Support Services, for the following:	75015

(A) Sermak Class Services used to implement the requirements	75016
of the agreement settling the consent decree in Sermak v. Manuel,	75017
Case No. c-2-80-220, United States District Court for the Southern	75018
District of Ohio, Eastern Division;	75019

(B) Medicaid-reimbursed programs other than home and	75020
community-based waiver services, in an amount not to exceed	75021
$1,000,000 in each fiscal year, that enable persons with mental	75022
retardation and developmental disabilities to live in the	75023
community.	75024

WAIVER STATE MATCH

75025

The purposes for which the foregoing appropriation item	75026
322-416, Waiver State Match, shall be used include the following:	75027

(A) Home and community-based waiver services under Title XIX	75028
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	75029
as amended.	75030

(B) Services contracted by county boards of mental	75031
retardation and developmental disabilities.	75032

(C) To pay the nonfederal share of the cost of one or more	75033
new intermediate-care-facility-for-the-mentally-retarded certified	75034
beds in a county where the county board of mental retardation and	75035
developmental disabilities does not initiate or support the	75036
development or certification of such beds, if the Director of	75037
Mental Retardation and Developmental Disabilities is required by	75038
this act to transfer to the Director of Job and Family Services	75039
funds to pay such nonfederal share.	75040

The Department of Mental Retardation and Developmental	75041
Disabilities may designate a portion of appropriation item	75042
322-416, Waiver State Match, to county boards of mental	75043
retardation and developmental disabilities that have greater need	75044
for various residential and support services because of a low	75045
percentage of residential and support services development in	75046
comparison to the number of individuals with mental retardation or	75047
developmental disabilities in the county.	75048

Of the foregoing appropriation item 322-416, Waiver State	75049
Match, $9,850,000 in each year of the biennium shall be	75050
distributed by the Department to county boards of mental	75051
retardation and developmental disabilities to support existing	75052
residential facilities waiver and individual options waiver	75053
related to Medicaid activities provided for in the component of a	75054
county board's plan developed under division (A)(2) of section	75055
5126.054 of the Revised Code and approved under section 5123.046	75056
of the Revised Code. Up to $3,000,000 of these funds in each	75057
fiscal year may be used to implement day-to-day program management	75058
services under division (A)(2) of section 5126.054 of the Revised	75059
Code. Up to $4,200,000 in each fiscal year may be used to	75060
implement the program and health and welfare requirements of	75061
division (A)(2) of section 5126.054 of the Revised Code.	75062

In fiscal years 2006 and 2007 not less than $2,650,000 of	75063
these funds shall be used to recruit and retain, under division	75064
(A)(2) of section 5126.054 of the Revised Code, the direct care	75065
staff necessary to implement the services included in an	75066
individualized service plan in a manner that ensures the health	75067
and welfare of the individuals being served.	75068

The method utilized by the department to determine each	75069
residential facilities wavier and individual options provider's	75070
allocation of such funds in fiscal year 2005 shall be used for	75071
allocation purposes to such providers in fiscal years 2006 and	75072
2007, respectively.	75073

SUPPORTED LIVING

75074

The purposes for which the foregoing appropriation item	75075
322-417, Supported Living, shall be used include supported living	75076
services contracted by county boards of mental retardation and	75077
developmental disabilities under sections 5126.40 to 5126.47 of	75078
the Revised Code and paying the nonfederal share of the cost of	75079
one or more new	75080
intermediate-care-facility-for-the-mentally-retarded certified	75081
beds in a county where the county board of mental retardation and	75082
developmental disabilities does not initiate or support the	75083
development or certification of such beds, if the Director of	75084
Mental Retardation and Developmental Disabilities is required by	75085
this act to transfer to the Director of Job and Family Services	75086
funds to pay such nonfederal share.	75087

OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS

75088

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	75089
the Department of Mental Retardation and Developmental	75090
Disabilities may develop residential and support service programs	75091
funded by appropriation item 322-413, Residential and Support	75092
Services; appropriation item 322-416, Waiver State Match; or	75093
appropriation item 322-417, Supported Living, that enable persons	75094
with mental retardation and developmental disabilities to live in	75095
the community. Notwithstanding Chapter 5121. and section 5123.122	75096
of the Revised Code, the Department may waive the support	75097
collection requirements of those statutes for persons in community	75098
programs developed by the Department under this section. The	75099
Department shall adopt rules under Chapter 119. of the Revised	75100
Code or may use existing rules for the implementation of these	75101
programs.	75102

FAMILY SUPPORT SERVICES

75103

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	75104
5126.11 of the Revised Code, the Department of Mental Retardation	75105
and Developmental Disabilities may implement programs funded by	75106
appropriation item 322-451, Family Support Services, to provide	75107
assistance to persons with mental retardation or developmental	75108
disabilities and their families who are living in the community.	75109
The department shall adopt rules to implement these programs. The	75110
department may also use the foregoing appropriation item 322-451,	75111
Family Support Services, to pay the nonfederal share of the cost	75112
of one or more new	75113
intermediate-care-facility-for-the-mentally-retarded certified	75114
beds in a county where the county board of mental retardation and	75115
developmental disabilities initiates or supports the development	75116
or certification of such beds, if the Director of Mental	75117
Retardation and Developmental Disabilities is required by this act	75118
to transfer to the Director of Job and Family Services funds to	75119
pay such nonfederal share.	75120

SERVICE AND SUPPORT ADMINISTRATION

75121

The foregoing appropriation item 322-452, Service and Support	75122
Administration, shall be allocated to county boards of mental	75123
retardation and developmental disabilities for the purpose of	75124
providing service and support administration services and to	75125
assist in bringing state funding for all department-approved	75126
service and support administrators within county boards of mental	75127
retardation and developmental disabilities to the level authorized	75128
in division (C) of section 5126.15 of the Revised Code. The	75129
department may request approval from the Controlling Board to	75130
transfer any unobligated appropriation authority from other state	75131
General Revenue Fund appropriation items within the department's	75132
budget to appropriation item 322-452, Service and Support	75133
Administration, to be used to meet the statutory funding level in	75134
division (C) of section 5126.15 of the Revised Code.	75135

Notwithstanding division (C) of section 5126.15 of the	75136
Revised Code and subject to funding in appropriation item 322-452,	75137
Service and Support Administration, no county may receive less	75138
than its allocation in fiscal year 1995. Wherever case management	75139
services are referred to in any law, contract, or other document,	75140
the reference shall be deemed to refer to service and support	75141
administration. No action or proceeding pending on the effective	75142
date of this section is affected by the renaming of case	75143
management services as service and support administration.	75144

The Department of Mental Retardation and Developmental	75145
Disabilities shall adopt, amend, and rescind rules as necessary to	75146
reflect the renaming of case management services as service and	75147
support administration. All boards of mental retardation and	75148
developmental disabilities and the entities with which they	75149
contract for services shall rename the titles of their employees	75150
who provide service and support administration. All boards and	75151
contracting entities shall make corresponding changes to all	75152
employment contracts.	75153

The Department also may use the foregoing appropriation item	75154
322-452, Service and Support Administration, to pay the nonfederal	75155
share of the cost of one or more new	75156
intermediate-care-facility-for-the-mentally-retarded certified	75157
beds in a county where the county board of mental retardation and	75158
developmental disabilities initiates or supports the development	75159
or certification of such beds, if the Director of Mental	75160
Retardation and Developmental Disabilities is required by this act	75161
to transfer to the Director of Job and Family Services funds to	75162
pay such nonfederal share.	75163

STATE SUBSIDIES TO MR/DD BOARDS

75164

The foregoing appropriation item 322-501, County Boards	75165
Subsidies, shall be distributed to county boards of mental	75166
retardation and developmental disabilities under section 5126.12	75167
of the Revised Code to the limit of the lesser of the amount	75168
required by that section or the appropriation in appropriation	75169
item 322-501, County Boards Subsidies, prorated to all county	75170
boards of mental retardation and developmental disabilities.	75171

The Department also may use the foregoing appropriation item	75172
322-501, County Boards Subsidies, to pay the nonfederal share of	75173
the cost of one or more new	75174
intermediate-care-facility-for-the-mentally-retarded certified	75175
beds in a county where the county board of mental retardation and	75176
developmental disabilities initiates or supports the development	75177
or certification of such beds, if the Director of Mental	75178
Retardation and Developmental Disabilities is required by this act	75179
to transfer to the Director of Job and Family Services funds to	75180
pay such nonfederal share.	75181

WAIVER - MATCH

75182

The foregoing appropriation item 322-604, Waiver - Match	75183
(Fund 4K8), shall be used as state matching funds for the home and	75184
community-based waivers.	75185

COUNTY BOARD WAIVER MATCH

75186

The Director of Mental Retardation and Developmental	75187
Disabilities shall transfer, through intrastate transfer vouchers,	75188
cash from any allowable General Revenue Fund appropriation item to	75189
Fund 5Z1, appropriation item 322-624, County Board Waiver Match.	75190
(The amounts being transferred reflect the amounts that county	75191
boards pledge from their state General Revenue Funds allocations	75192
to cover the cost of providing the non-federal match for waiver	75193
services.)	75194

Section 209.09.09. COMMUNITY ALTERNATIVE FUNDING SYSTEM

75195

(A) As used in this section, "habilitation center services"	75196
has the same meaning as in former section 5111.041 of the Revised	75197
Code as that section existed on June 30, 2005.	75198

(B) The Department of Mental Retardation and Developmental	75199
Disabilities may use funds appropriated to the Department for the	75200
purpose of habilitation center services to satisfy a claim or	75201
contingent claim for habilitation center services provided before	75202
July 1, 2005, if the Department receives the claim or contingent	75203
claim before July 1, 2006. The Department has no liability to	75204
satisfy either of the following:	75205

(1) A claim for habilitation center services provided before	75206
July 1, 2005, if the Department receives the claim on or after	75207
July 1, 2006.	75208

(2) A claim for habilitation center services provided on or	75209
after July 1, 2005.	75210

(C) The Department of Mental Retardation and Developmental	75211
Disabilities may inform individuals who received habilitation	75212
center services under the community alternative funding system on	75213
June 30, 2005, and such individuals' representatives about	75214
alternative services that may be available for the individuals.	75215
The Department may require county boards of mental retardation and	75216
developmental disabilities to provide such information to the	75217
individuals and their representatives.	75218

Section 209.09.12. DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A	75219
MODEL BILLING FOR SERVICES RENDERED	75220

Developmental centers of the Department of Mental Retardation	75221
and Developmental Disabilities may provide services to persons	75222
with mental retardation or developmental disabilities living in	75223
the community or to providers of services to these persons. The	75224
department may develop a method for recovery of all costs	75225
associated with the provisions of these services.	75226

Section 209.09.15. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	75227
PHARMACY PROGRAMS	75228

The Department of Mental Retardation and Developmental	75229
Disabilities shall pay the Department of Job and Family Services	75230
quarterly, through intrastate transfer voucher, the nonfederal	75231
share of Medicaid prescription drug claim costs for all	75232
developmental centers paid by the Department of Job and Family	75233
Services.	75234

Section 209.09.18. RESIDENTIAL FACILITIES

75235

General Revenue Fund

75236

GRF	323-321	Residential Facilities	$	101,764,366	$	100,457,600	75237
		Operations					75238
TOTAL GRF General Revenue Fund			$	101,764,366	$	100,457,600	75239

General Services Fund Group

75240

152	323-609	Residential Facilities	$	912,177	$	912,177	75241
		Support					75242
TOTAL GSF General Services							75243
Fund Group			$	912,177	$	912,177	75244

Federal Special Revenue Fund Group

75245

3A4	323-605	Developmental Center Operation Expenses	$	120,000,000	$	120,000,000	75246
325	323-608	Foster Grandparent Program	$	575,000	$	575,000	75247
TOTAL FED Federal Special Revenue							75248
Fund Group			$	120,575,000	$	120,575,000	75249

State Special Revenue Fund Group

75250

221	322-620	Supplement Service Trust	$	150,000	$	150,000	75251
489	323-632	Developmental Center Direct Care Support	$	12,125,628	$	12,125,628	75252
TOTAL SSR State Special Revenue							75253
Fund Group			$	12,275,628	$	12,275,628	75254
TOTAL ALL RESIDENTIAL FACILITIES							75255
BUDGET FUND GROUPS			$	235,527,171	$	234,220,405	75256

DEPARTMENT TOTAL					75257
GENERAL REVENUE FUND	$	353,128,610	$	353,666,007	75258
DEPARTMENT TOTAL					75259
GENERAL SERVICES FUND GROUP	$	2,487,177	$	2,237,177	75260
DEPARTMENT TOTAL					75261
FEDERAL SPECIAL REVENUE FUND GROUP	$	652,727,850	$	630,577,281	75262
DEPARTMENT TOTAL					75263
STATE SPECIAL REVENUE FUND GROUP	$	114,300,628	$	114,300,628	75264
TOTAL DEPARTMENT OF MENTAL					75265
RETARDATION AND DEVELOPMENTAL					75266
DISABILITIES	$	1,122,644,265	$	1,100,781,093	75267

Section 209.09.21. (A) As used in this section:

75269

(1) "Family support services," "home and community-based	75270
services," "service and support administration," and "supported	75271
living" have the same meaning as in section 5126.01 of the Revised	75272
Code.	75273

(2) "Intermediate care facility for the mentally retarded"	75274
has the same meaning as in section 5111.20 of the Revised Code.	75275

(B) If one or more new beds obtain certification as an	75276
intermediate-care-facility-for-the-mentally-retarded bed on or	75277
after the effective date of this section, the Director of Mental	75278
Retardation and Developmental Disabilities shall transfer funds to	75279
the Department of Job and Family Services to pay the nonfederal	75280
share of the cost under the Medicaid Program for those beds. The	75281
Director shall use only the following funds for the transfer:	75282

(1) If the beds are located in a county served by a county	75283
board of mental retardation and developmental disabilities that	75284
does not initiate or support the beds' certification, funds	75285
appropriated to the Department of Mental Retardation and	75286
Developmental Disabilities for home and community-based services	75287
and supported living for which the Director is authorized to make	75288
allocations to county boards;	75289

(2) If the beds are located in a county served by a county	75290
board that initiates or supports the beds' certification, funds	75291
appropriated to the Department for family support services,	75292
service and support administration, and other services for which	75293
the Director is authorized to make allocations to counties.	75294

(C) The funds that the Director transfers under division	75295
(B)(2) of this section shall be funds that the Director has	75296
allocated to the county board serving the county in which the beds	75297
are located unless the amount of the allocation is insufficient to	75298
pay the entire nonfederal share of the cost under the Medicaid	75299
Program for those beds. If the allocation is insufficient, the	75300
Director shall use as much of such funds allocated to other	75301
counties as is needed to make up the difference.	75302

Section 209.09.24. HABILITATION CENTERS PROVIDING MEDICAID	75303
CASE MANAGEMENT SERVICES	75304

A habilitation center holding on June 30, 2005, a valid	75305
certificate issued under former section 5123.041 of the Revised	75306
Code may provide Medicaid case management services until the	75307
earlier of the following:	75308

(A) The date the United States Secretary of Health and Human	75309
Services approves an amendment to the state Medicaid plan that	75310
provides that only county boards of mental retardation and	75311
developmental disabilities may provide Medicaid case management	75312
services;	75313

(B) The habilitation center ceases to meet the requirements	75314
that were in effect on June 30, 2005, for the certificate issued	75315
under former section 5123.041 of the Revised Code.	75316

Section 209.12. MIH COMMISSION ON MINORITY HEALTH

75317

General Revenue Fund

75318

GRF	149-321	Operating Expenses	$	539,319	$	539,319	75319
GRF	149-501	Minority Health Grants	$	670,965	$	670,965	75320
GRF	149-502	Lupus Program	$	136,126	$	136,126	75321
TOTAL GRF General Revenue Fund			$	1,346,410	$	1,346,410	75322

Federal Special Revenue Fund Group

75323

3J9	149-602	Federal Grants	$	150,000	$	150,000	75324
TOTAL FED Federal Special Revenue							75325
Fund Group			$	150,000	$	150,000	75326

State Special Revenue Fund Group

75327

4C2	149-601	Minority Health Conference	$	250,000	$	150,000	75328
TOTAL SSR State Special Revenue							75329
Fund Group			$	250,000	$	150,000	75330
TOTAL ALL BUDGET FUND GROUPS			$	1,746,410	$	1,646,410	75331

LUPUS PROGRAM

75332

The foregoing appropriation item 149-502, Lupus Program,	75333
shall be used to provide grants for programs in patient, public,	75334
and professional education on the subject of systemic lupus	75335
erythemtosus; to encourage and develop local centers on lupus	75336
information gathering and screening; and to provide outreach to	75337
minority women.	75338

Section 209.15. CRB MOTOR VEHICLE COLLISION REPAIR	75339
REGISTRATION BOARD	75340

General Service Fund Group

75341

5H9	865-609	Operating Expenses - CRB	$	325,047	$	0	75342
TOTAL GSF General Services							75343
Fund Group			$	325,047	$	0	75344
TOTAL ALL BUDGET FUND GROUPS			$	325,047	$	0	75345

Section 209.18. DNR DEPARTMENT OF NATURAL RESOURCES

75347

General Revenue Fund

75348

GRF	725-401	Wildlife-GRF Central Support	$	250,000	$	250,000	75349
GRF	725-404	Fountain Square Rental Payments - OBA	$	1,025,300	$	1,092,000	75350
GRF	725-407	Conservation Reserve Enhancement Program	$	1,000,000	$	1,000,000	75351
GRF	725-413	OPFC Lease Rental Payments	$	18,699,100	$	20,962,800	75352
GRF	725-423	Stream and Ground Water Gauging	$	311,910	$	311,910	75353
GRF	725-425	Wildlife License Reimbursement	$	646,319	$	646,319	75354
GRF	725-456	Canal Lands	$	332,859	$	332,859	75355
GRF	725-502	Soil and Water Districts	$	9,836,436	$	9,836,436	75356
GRF	725-903	Natural Resources General Obligation Debt Service	$	25,866,000	$	24,359,100	75357
GRF	727-321	Division of Forestry	$	8,541,511	$	8,541,511	75358
GRF	728-321	Division of Geological Survey	$	1,630,000	$	1,630,000	75359
GRF	729-321	Office of Information Technology	$	440,895	$	440,895	75360
GRF	730-321	Division of Parks and Recreation	$	37,874,841	$	39,874,841	75361
GRF	731-321	Office of Coastal Management	$	259,707	$	259,707	75362
GRF	733-321	Division of Water	$	3,207,619	$	3,207,619	75363
GRF	736-321	Division of Engineering	$	3,118,703	$	3,118,703	75364
GRF	737-321	Division of Soil and Water	$	4,074,788	$	4,074,788	75365
GRF	738-321	Division of Real Estate and Land Management	$	2,291,874	$	2,291,874	75366
GRF	741-321	Division of Natural Areas and Preserves	$	3,009,505	$	3,009,505	75367
GRF	744-321	Division of Mineral Resources Management	$	3,068,167	$	3,068,167	75368
TOTAL GRF General Revenue Fund			$	125,485,534	$	128,309,034	75369

General Services Fund Group

75370

155	725-601	Departmental Projects	$	2,135,821	$	2,011,726	75371
157	725-651	Central Support Indirect	$	6,528,675	$	6,528,675	75372
204	725-687	Information Services	$	4,676,627	$	4,676,627	75373
206	725-689	REALM Support Services	$	475,000	$	475,000	75374
207	725-690	Real Estate Services	$	64,000	$	64,000	75375
223	725-665	Law Enforcement Administration	$	2,096,225	$	2,096,225	75376
227	725-406	Parks Projects Personnel	$	175,000	$	110,000	75377
4D5	725-618	Recycled Materials	$	50,000	$	50,000	75378
4S9	725-622	NatureWorks Personnel	$	472,648	$	307,648	75379
4X8	725-662	Water Resources Council	$	125,000	$	125,000	75380
430	725-671	Canal Lands	$	797,582	$	847,582	75381
508	725-684	Natural Resources Publications	$	157,792	$	157,792	75382
510	725-631	Maintenance - State-owned Residences	$	260,849	$	260,849	75383
516	725-620	Water Management	$	2,442,956	$	2,459,120	75384
635	725-664	Fountain Square Facilities Management	$	3,182,223	$	3,190,223	75385
697	725-670	Submerged Lands	$	542,011	$	542,011	75386
TOTAL GSF General Services							75387
Fund Group			$	24,182,409	$	23,902,478	75388

Federal Special Revenue Fund Group

75389

3B3	725-640	Federal Forest Pass-Thru	$	150,000	$	150,000	75390
3B4	725-641	Federal Flood Pass-Thru	$	350,000	$	350,000	75391
3B5	725-645	Federal Abandoned Mine Lands	$	14,310,497	$	14,307,666	75392
3B6	725-653	Federal Land and Water Conservation Grants	$	5,000,000	$	5,000,000	75393
3B7	725-654	Reclamation - Regulatory	$	2,107,292	$	2,107,291	75394
3P0	725-630	Natural Areas and Preserves - Federal	$	315,000	$	315,000	75395
3P1	725-632	Geological Survey - Federal	$	479,651	$	479,651	75396
3P2	725-642	Oil and Gas-Federal	$	362,933	$	367,912	75397
3P3	725-650	Coastal Management - Federal	$	1,592,923	$	1,607,686	75398
3P4	725-660	Water - Federal	$	419,766	$	420,525	75399
3R5	725-673	Acid Mine Drainage Abatement/Treatment	$	2,225,000	$	2,225,000	75400
3Z5	725-657	REALM-Federal	$	1,578,871	$	1,578,871	75401
328	725-603	Forestry Federal	$	1,813,827	$	2,228,081	75402
332	725-669	Federal Mine Safety Grant	$	258,102	$	258,102	75403
TOTAL FED Federal Special Revenue							75404
Fund Group			$	30,963,862	$	31,395,785	75405

State Special Revenue Fund Group

75406

4J2	725-628	Injection Well Review	$	93,957	$	79,957	75407
4M7	725-631	Wildfire Suppression	$	100,000	$	100,000	75408
4U6	725-668	Scenic Rivers Protection	$	407,100	$	407,100	75409
5B3	725-674	Mining Regulation	$	28,850	$	28,850	75410
5BV	725-683	Soil and Water Districts	$	1,850,000	$	1,850,000	75411
5P2	725-634	Wildlife Boater Angler Administration	$	4,200,000	$	3,500,000	75412
509	725-602	State Forest	$	2,291,664	$	2,591,664	75413
511	725-646	Ohio Geological Mapping	$	549,310	$	549,310	75414
512	725-605	State Parks Operations	$	26,814,288	$	26,814,288	75415
512	725-680	Parks Facilities Maintenance	$	2,576,240	$	2,576,240	75416
514	725-606	Lake Erie Shoreline	$	612,075	$	657,113	75417
518	725-643	Oil and Gas Permit Fees	$	2,574,377	$	2,574,378	75418
518	725-677	Oil and Gas Well Plugging	$	1,200,000	$	1,200,000	75419
521	725-627	Off-Road Vehicle Trails	$	143,490	$	143,490	75420
522	725-656	Natural Areas Checkoff Funds	$	1,550,670	$	1,550,670	75421
526	725-610	Strip Mining Administration Fee	$	1,932,492	$	1,932,492	75422
527	725-637	Surface Mining Administration	$	2,312,815	$	2,322,702	75423
529	725-639	Unreclaimed Land Fund	$	623,356	$	631,257	75424
531	725-648	Reclamation Forfeiture	$	2,061,861	$	2,062,237	75425
532	725-644	Litter Control and Recycling	$	7,100,000	$	7,100,000	75426
586	725-633	Scrap Tire Program	$	1,000,000	$	1,000,000	75427
615	725-661	Dam Safety	$	365,223	$	365,223	75428
TOTAL SSR State Special Revenue							75429
Fund Group			$	60,387,768	$	60,036,971	75430

Clean Ohio Fund Group

75431

061	725-405		Clean Ohio Operating		$	155,000		$	155,000		75432
TOTAL CLF Clean Ohio Fund Group					$	155,000		$	155,000		75433

Wildlife Fund Group

75434

015	740-401	Division of Wildlife Conservation	$	49,447,500	$	50,447,500	75435
815	725-636	Cooperative Management Projects	$	120,449	$	120,449	75436
816	725-649	Wetlands Habitat	$	966,885	$	966,885	75437
817	725-655	Wildlife Conservation Checkoff Fund	$	5,000,000	$	5,000,000	75438
818	725-629	Cooperative Fisheries Research	$	988,582	$	988,582	75439
819	725-685	Ohio River Management	$	128,584	$	128,584	75440
TOTAL WLF Wildlife Fund Group			$	56,652,000	$	57,652,000	75441

Waterways Safety Fund Group

75442

086	725-414	Waterways Improvement	$	3,792,343	$	3,792,343	75443
086	725-418	Buoy Placement	$	52,182	$	52,182	75444
086	725-501	Waterway Safety Grants	$	137,867	$	137,867	75445
086	725-506	Watercraft Marine Patrol	$	576,153	$	576,153	75446
086	725-513	Watercraft Educational Grants	$	366,643	$	366,643	75447
086	739-401	Division of Watercraft	$	20,027,909	$	20,086,681	75448
5AW	725-682	Watercraft Revolving Loans	$	3,000,000	$	1,000,000	75449
TOTAL WSF Waterways Safety Fund							75450
Group			$	27,953,097	$	26,011,869	75451

Holding Account Redistribution Fund Group

75452

R17	725-659	Performance Cash Bond Refunds	$	374,263	$	374,263	75453
R43	725-624	Forestry	$	2,500,000	$	1,500,000	75454
TOTAL 090 Holding Account							75455
Redistribution Fund Group			$	2,874,263	$	1,874,263	75456

Accrued Leave Liability Fund Group

75457

4M8	725-675	FOP Contract	$	20,844	$	20,844	75458
TOTAL ALF Accrued Leave							75459
Liability Fund Group			$	20,844	$	20,844	75460
TOTAL ALL BUDGET FUND GROUPS			$	328,674,777	$	329,358,244	75461

Section 209.18.03. CENTRAL SUPPORT INDIRECT

75463

With the exception of the Division of Wildlife, whose direct	75464
and indirect central support charges shall be paid out of the	75465
General Revenue Fund from the foregoing appropriation item	75466
725-401, Wildlife-GRF Central Support, the Department of Natural	75467
Resources, with approval of the Director of Budget and Management,	75468
shall utilize a methodology for determining each division's	75469
payments into the Central Support Indirect Fund (Fund 157). The	75470
methodology used shall contain the characteristics of	75471
administrative ease and uniform application in compliance with	75472
federal grant requirements. It may include direct cost charges for	75473
specific services provided. Payments to the Central Support	75474
Indirect Fund (Fund 157) shall be made using an intrastate	75475
transfer voucher.	75476

Section 209.18.06. FOUNTAIN SQUARE

75477

The foregoing appropriation item 725-404, Fountain Square	75478
Rental Payments - OBA, shall be used by the Department of Natural	75479
Resources to meet all payments required to be made to the Ohio	75480
Building Authority during the period from July 1, 2005, to June	75481
30, 2007, pursuant to leases and agreements with the Ohio Building	75482
Authority under section 152.241 of the Revised Code, but limited	75483
to the aggregate amount of $2,117,300.	75484

The Director of Natural Resources, using intrastate transfer	75485
vouchers, shall make payments to the General Revenue Fund from	75486
funds other than the General Revenue Fund to reimburse the General	75487
Revenue Fund for the other funds' shares of the lease rental	75488
payments to the Ohio Building Authority. The transfers from the	75489
non-General Revenue funds shall be made within 10 days of the	75490
payment to the Ohio Building Authority for the actual amounts	75491
necessary to fulfill the leases and agreements pursuant to section	75492
152.241 of the Revised Code.	75493

The foregoing appropriation item 725-664, Fountain Square	75494
Facilities Management (Fund 635), shall be used for payment of	75495
repairs, renovation, utilities, property management, and building	75496
maintenance expenses for the Fountain Square Complex. Cash	75497
transferred by intrastate transfer vouchers from various	75498
department funds and rental income received by the Department of	75499
Natural Resources shall be deposited into the Fountain Square	75500
Facilities Management Fund (Fund 635).	75501

LEASE RENTAL PAYMENTS

75502

The foregoing appropriation item 725-413, OPFC Lease Rental	75503
Payments, shall be used to meet all payments at the times they are	75504
required to be made during the period from July 1, 2005, to June	75505
30, 2007, by the Department of Natural Resources pursuant to	75506
leases and agreements made under section 154.22 of the Revised	75507
Code, but limited to the aggregate amount of $50,375,100. Nothing	75508
in this act shall be deemed to contravene the obligation of the	75509
state to pay, without necessity for further appropriation, from	75510
the sources pledged thereto, the bond service charges on	75511
obligations issued pursuant to section 154.22 of the Revised Code.	75512

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

75513

The foregoing appropriation item 725-903, Natural Resources	75514
General Obligation Debt Service, shall be used to pay all debt	75515
service and related financing costs at the times they are required	75516
to be made pursuant to sections 151.01 and 151.05 of the Revised	75517
Code during the period from July 1, 2005, to June 30, 2007. The	75518
Office of the Sinking Fund or the Director of Budget and	75519
Management shall effectuate the required payments by an intrastate	75520
transfer voucher.	75521

Section 209.18.09. WILDLIFE LICENSE REIMBURSEMENT

75522

Notwithstanding the limits of the transfer from the General	75523
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	75524
of the Revised Code, up to the amount available in appropriation	75525
item 725-425, Wildlife License Reimbursement, may be transferred	75526
from the General Revenue Fund to the Wildlife Fund (Fund 015).	75527
Pursuant to the certification of the Director of Budget and	75528
Management of the amount of foregone revenue in accordance with	75529
section 1533.15 of the Revised Code, the foregoing appropriation	75530
item in the General Revenue Fund, appropriation item 725-425,	75531
Wildlife License Reimbursement, shall be used to reimburse the	75532
Wildlife Fund (Fund 015) for the cost of hunting and fishing	75533
licenses and permits issued after June 30, 1990, to individuals	75534
who are exempted under the Revised Code from license, permit, and	75535
stamp fees.	75536

CANAL LANDS

75537

The foregoing appropriation item 725-456, Canal Lands, shall	75538
be used to transfer funds to the Canal Lands Fund (Fund 430) to	75539
provide operating expenses for the State Canal Lands Program. The	75540
transfer shall be made using an intrastate transfer voucher and	75541
shall be subject to the approval of the Director of Budget and	75542
Management.	75543

SOIL AND WATER DISTRICTS

75544

In addition to state payments to soil and water conservation	75545
districts authorized by section 1515.10 of the Revised Code, the	75546
Department of Natural Resources may pay to any soil and water	75547
conservation district, from authority in appropriation item	75548
725-502, Soil and Water Districts, an annual amount not to exceed	75549
$30,000, upon receipt of a request and justification from the	75550
district and approval by the Ohio Soil and Water Conservation	75551
Commission. The county auditor shall credit the payments to the	75552
special fund established under section 1515.10 of the Revised Code	75553
for the local soil and water conservation district. Moneys	75554
received by each district shall be expended for the purposes of	75555
the district. The foregoing appropriation item 725-683, Soil and	75556
Water Districts, shall be expended for the purposes described	75557
above, except that the funding source for this appropriation shall	75558
be a fee applied on the disposal of construction and demolition	75559
debris as provided in section 1515.14 of the Revised Code, as	75560
amended by this act.	75561

Of the foregoing appropriation item 725-502, Soil and Water	75562
Districts, $25,000 in each fiscal year shall be used for the	75563
Conservation Action Project.	75564

Of the foregoing appropriation item, 725-683, Soil and Water	75565
Districts, $200,000 in each fiscal year shall be used to support	75566
the Heidelberg College Water Quality Laboratory.	75567

Of the foregoing appropriation item 725-683, Soil and Water	75568
Districts, $100,000 in each fiscal year shall be used to support	75569
the Muskingum Watershed Conservancy District.	75570

Of the foregoing appropriation item 725-683, Soil and Water	75571
Districts, $100,000 in each fiscal year shall be used to support	75572
the Indian Lake Watershed in Logan County.	75573

FUND CONSOLIDATION

75574

The Director of Budget and Management shall transfer an	75575
amount certified by the Director of Natural Resources from the	75576
Central Support Indirect Fund (Fund 157) to the Law Enforcement	75577
Administration Fund (Fund 223) and the Information Services Fund	75578
(Fund 204) to implement a direct cost recovery plan.	75579

STATE PARK DEPRECIATION RESERVE

75580

The foregoing appropriation item 725-635, Parks Facilities	75581
Maintenance, within the Depreciation Reserve Fund (Fund 161),	75582
shall be used by the Division of Parks and Recreation to maintain	75583
state park revenue producing facilities in the best economic	75584
operating condition and to repair and replace equipment used in	75585
the operation of state park revenue producing facilities.	75586

Prior to July 31, 2005, the Director of Budget and Management	75587
shall transfer the cash balance in the Depreciation Reserve Fund	75588
(Fund 161), which is abolished in section 1541.221 of the Revised	75589
Code, as amended by this act, to the State Park Fund (Fund 512),	75590
which is created in section 1541.22 of the Revised Code.	75591

OIL AND GAS WELL PLUGGING

75592

The foregoing appropriation item 725-677, Oil and Gas Well	75593
Plugging, shall be used exclusively for the purposes of plugging	75594
wells and to properly restore the land surface of idle and orphan	75595
oil and gas wells pursuant to section 1509.071 of the Revised	75596
Code. No funds from the appropriation item shall be used for	75597
salaries, maintenance, equipment, or other administrative	75598
purposes, except for those costs directly attributed to the	75599
plugging of an idle or orphan well. Appropriation authority from	75600
this appropriation item shall not be transferred to any other fund	75601
or line item.	75602

LITTER CONTROL AND RECYCLING

75603

Of the foregoing appropriation item, 725-644, Litter Control	75604
and Recycling, not more than $1,500,000 may be used in each fiscal	75605
year for the administration of the Recycling and Litter Prevention	75606
program. The remaining $5,600,000 shall be used to provide grants	75607
to local governments.	75608

CLEAN OHIO OPERATING EXPENSES

75609

The foregoing appropriation item 725-405, Clean Ohio	75610
Operating, shall be used by the Department of Natural Resources in	75611
administering section 1519.05 of the Revised Code.	75612

WATERCRAFT MARINE PATROL

75613

Of the foregoing appropriation item 739-401, Division of	75614
Watercraft, not more than $200,000 in each fiscal year shall be	75615
expended for the purchase of equipment for marine patrols	75616
qualifying for funding from the Department of Natural Resources	75617
pursuant to section 1547.67 of the Revised Code. Proposals for	75618
equipment shall accompany the submission of documentation for	75619
receipt of a marine patrol subsidy pursuant to section 1547.67 of	75620
the Revised Code and shall be loaned to eligible marine patrols	75621
pursuant to a cooperative agreement between the Department of	75622
Natural Resources and the eligible marine patrol.	75623

WATERCRAFT REVOLVING LOAN PROGRAM

75624

Upon certification by the Director of Natural Resources, the	75625
Director of Budget and Management shall transfer an amount not to	75626
exceed $3,000,000 in fiscal year 2006 and not to exceed $1,000,000	75627
in fiscal year 2007 so certified from the Waterways Safety Fund	75628
(Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The	75629
moneys shall be used pursuant to section 1547.721 of the Revised	75630
Code.	75631

PARKS CAPITAL EXPENSES FUND

75632

There is hereby created in the state treasury the Parks	75633
Capital Expenses Fund (Fund 227). The fund shall be used to pay	75634
for design, engineering, and planning costs incurred by the	75635
Department of Natural Resources for capital parks projects.	75636

The Director of Natural Resources shall submit to the	75637
Director of Budget and Management the estimated design,	75638
engineering, and planning costs of capital-related work to be done	75639
by Department of Natural Resources staff for parks projects. If	75640
the Director of Budget and Management approves the estimated	75641
costs, the Director may release appropriations from appropriation	75642
item 725-406, Parks Projects Personnel, for those purposes. Upon	75643
release of the appropriations, the Department of Natural Resources	75644
shall pay for these expenses from the Parks Capital Expenses Fund	75645
(Fund 227). Expenses paid from Fund 227 shall be reimbursed by the	75646
Parks and Recreation Improvement Fund (Fund 035) using an	75647
intrastate transfer voucher.	75648

Section 209.21. NUR STATE BOARD OF NURSING

75649

General Services Fund Group

75650

4K9	884-609	Operating Expenses	$	5,503,280	$	5,503,280	75651
5P8	884-601	Nursing Special Issues	$	5,000	$	5,000	75652
TOTAL GSF General Services							75653
Fund Group			$	5,508,280	$	5,508,280	75654
TOTAL ALL BUDGET FUND GROUPS			$	5,508,280	$	5,508,280	75655

NURSING SPECIAL ISSUES

75656

The foregoing appropriation item 884-601, Nursing Special	75657
Issues (Fund 5P8), shall be used to pay the costs the Board of	75658
Nursing incurs in implementing section 4723.062 of the Revised	75659
Code.	75660

MEDICATION AIDE PILOT PROGRAM

75661

(A) As used in this section:

75662

(1) "Medication" means a drug, as defined in section 4729.01	75663
of the Revised Code.	75664

(2) "Medication error" means a failure to follow the	75665
prescriber's instructions when administering a prescription	75666
medication to a participating resident.	75667

(3) "Nurse" means both of the following:

75668

(a) A registered nurse;

75669

(b) A licensed practical nurse who has completed a course in	75670
medication administration approved by the Board of Nursing.	75671

(4) "Nursing home" and "residential care facility" have the	75672
same meanings as in section 3721.01 of the Revised Code.	75673

(5) "Participating facility" means a nursing home or	75674
residential care facility that has been selected by the Board of	75675
Nursing to participate in the Medication Aide Pilot Program and	75676
has not had its participation in the Program terminated.	75677

(6) "Prescriber" and "prescription" have the same meanings as	75678
in section 4729.01 of the Revised Code.	75679

(7) "Prescription medication" means a drug that may be	75680
dispensed only on a prescription.	75681

(B)(1) In consultation with the Medication Aide Pilot Program	75682
Council, the Board of Nursing shall establish and conduct the	75683
Medication Aide Pilot Program to utilize medication aides to	75684
administer medications, including prescription medications, to	75685
residents of nursing homes and residential care facilities.	75686

(2) The Medication Aide Pilot Program Council is hereby	75687
created. The Council shall consist of the following members:	75688

(a) A registered nurse recommended by the Ohio Nurses	75689
Association who is working in long-term care;	75690

(b) A licensed practical nurse recommended by the Licensed	75691
Practical Nurse Association of Ohio who is working in long-term	75692
care;	75693

(c) A registered nurse recommended by the Ohio Nurses	75694
Association who has experience in researching gerontology issues;	75695

(d) An advanced practice nurse recommended by the Ohio	75696
Association of Advanced Practice Nurses who has experience in	75697
gerontology;	75698

(e) A representative of the Ohio Health Care Association who	75699
is appointed by the Association;	75700

(f) A representative of the Association of Ohio Philanthropic	75701
Homes, Housing, and Services for the Aging who is appointed by the	75702
Association;	75703

(g) A representative of the Ohio Academy of Nursing Homes who	75704
is appointed by the Academy;	75705

(h) A representative of the Ohio Assisted Living Association	75706
who is appointed by the Association;	75707

(i) A representative of the Ohio Association of Long Term	75708
Care Ombudsmen who is appointed by the Association;	75709

(j) A representative of the Office of State Long-term Care	75710
Ombudsperson Program;	75711

(k) A representative of the American Association of Retired	75712
Persons who is appointed by the Association;	75713

(l) A representative of facility residents and families of	75714
facility residents who is appointed by the Board of Nursing;	75715

(m) A representative of the Ohio Pharmacists Association who	75716
is appointed by the Association;	75717

(n) A representative of certified nursing assistants who is	75718
appointed by the Department of Health;	75719

(o) A representative of the Department of Health with	75720
expertise in the Competency Evaluation Program, as defined in	75721
section 3721.21 of the Revised Code, who is appointed by the	75722
Department of Health;	75723

(p) A representative of the Department of Job and Family	75724
Services who is appointed by the Department of Job and Family	75725
Services.	75726

A member or representative of the Board of Nursing shall	75727
serve as chairperson of the Council. Members of the Council shall	75728
receive no compensation for their service on the Council.	75729

(3) The Council shall make recommendations to the Board on	75730
all of the following:	75731

(a) The design of the program;

75732

(b) The content of the training required for medication	75733
aides;	75734

(c) Protection of the health and welfare of residents of	75735
facilities participating in the program;	75736

(d) Whether a medication aide may administer a prescription	75737
medication through a gastrostomy or jejunostomy tube.	75738

(e) The amount and type of training a medication aide needs	75739
to adequately prepare the medication aide to administer a	75740
prescription medication through a gastrostomy or jejunostomy tube.	75741

(C)(1) The Board of Nursing shall operate the Medication Aide	75742
Pilot Program in a manner consistent with human protection and	75743
other ethical concerns typically associated with research studies	75744
involving live subjects.	75745

(2) Within the first six months after the effective date of	75746
this section, the Board, in consultation with the Medication Aide	75747
Pilot Program Council, shall do all of the following:	75748

(a) Design the Program;

75749

(b) Establish standards to govern medication aides and	75750
facilities participating in the Program, including training	75751
requirements for medication aides and staff of participating	75752
facilities;	75753

(c) Establish standards to protect the health and safety of	75754
participating residents;	75755

(d) Select facilities to participate in the Program;

75756

(e) Select an independent evaluator to assess the Program.

75757

(3) The Board shall commence operation of the Program not	75758
later than six months after the effective date of this section and	75759
operate it for not less than one year.	75760

(D)(1) Notwithstanding divisions (A) and (B) of section	75761
4723.03 of the Revised Code, an individual authorized by the Board	75762
of Nursing to participate in the Program as a medication aide may	75763
administer medications, including prescription medications, to a	75764
participating resident of a nursing home or residential care	75765
facility if a nurse has delegated, in accordance with rules for	75766
delegation adopted under Chapter 4723. of the Revised Code,	75767
responsibility for the administration to the medication aide. A	75768
medication aide may administer only the following types of	75769
medications:	75770

(a) Oral medications;

75771

(b) Topical medications;

75772

(c) Medications administered as drops to the eye, ear, or	75773
nose;	75774

(d) Rectal and vaginal medications.

75775

(2) A medication aide may not do either of the following:

75776

(a) Administer a medication that is a Schedule I or Schedule	75777
II controlled substance as those terms are defined in section	75778
3719.01 of the Revised Code;	75779

(b) Administer any medication that requires titration.

75780

(E)(1) An individual seeking to participate in the Program as	75781
a medication aide shall apply to the Board on a form provided by	75782
the Board. The Board shall authorize the individual to participate	75783
in the Program as a medication aide if the individual satisfies	75784
all of the following requirements:	75785

(a) Is a nurse aide who satisfies the requirements of	75786
division (A)(1), (2), (3), (4), (5), (6), or (8) of section	75787
3721.32 of the Revised Code;	75788

(b) Satisfactorily completes a medication aide training	75789
course as described in division (E)(2) of this section;	75790

75791

(d) Satisfies any other requirements for a medication aide	75792
required by standards established by the Board under division	75793
(C)(2)(b) of this section.	75794

(2) The content of a medication aide training course must	75795
meet the standards established by the Board under division	75796
(C)(2)(b) of this section and include all of the following:	75797

(a) At least sixty clock-hours of instruction;

75798

(b) Classroom instruction on medication administration;

75799

(c) Supervised clinical practice in administration of	75800
prescription medications;	75801

(d) An examination that tests the ability to safely	75802
administer prescription medications.	75803

(3) An individual's authorization to participate in the	75804
Program as a medication aide is valid until the date the Program	75805
ceases to be operated, unless the Board earlier terminates the	75806
individual's authorization to participate in the Program.	75807

(4) The Board of Nursing may deny or terminate an	75808
individual's authorization to participate in the Medication Aide	75809
Pilot Program as a medication aide for reasons specified by the	75810
Board.	75811

(F)(1) Notwithstanding division (D) of section 4723.03 of the	75812
Revised Code, a participating facility may, during the period the	75813
Program is operated, utilize one or more medication aides to	75814
administer medications, including prescription medications, to the	75815
facility's participating residents.	75816

(2) The Board of Nursing shall select eighty nursing homes	75817
and forty residential care facilities from the nursing homes and	75818
residential care facilities that volunteer to participate in the	75819
program. A nursing home or residential care facility may apply by	75820
submitting a form provided by the Board. To be eligible to	75821
participate in the Program, a facility must meet all of the	75822
following requirements:	75823

(a) Agree to observe the standards established by the Board	75824
under division (C)(2)(b) of this section;	75825

(b)(i) In the case of a nursing home, have not been found in	75826
the two most recent surveys or inspections of the home to have	75827
provided substandard care to a resident or to have had	75828
deficiencies with regard to the administration of medication.	75829

(ii) In the case of a residential care facility, be free of	75830
deficiencies related to the provision of skilled care or the	75831
administration of medication.	75832

(3) The Board may terminate a participating facility's	75833
participation in the Program on receipt of evidence the Board	75834
finds credible that the facility's continued participation in the	75835
Program poses an imminent danger, risk of serious harm, or	75836
jeopardy to a participating resident.	75837

(G) No person employed by a participating facility who	75838
reports in good faith a medication error at a participating	75839
facility shall be subject to criminal liability or disciplinary	75840
action or be liable in damages to any person or government entity	75841
in a civil action for injury, death, or loss to person or property	75842
resulting from the reporting of the medication error.	75843

(H) The independent evaluator selected by the Board shall do	75844
all of the following:	75845

(1) Assess whether medication aides are able to safely	75846
administer medications, including prescription medications, to	75847
nursing home and residential care facility residents;	75848

(2) Determine the financial implications of nursing homes and	75849
residential care facilities utilizing medication aides;	75850

(3) Prepare and submit a report of its findings to the Board	75851
and the Council.	75852

(I) The Board of Nursing, with the assistance of the	75853
Medication Aide Pilot Program Council, shall prepare, or cause to	75854
be prepared, a final report on the Program that includes an	75855
examination of the Program's safety and financial implications.	75856
The report shall be submitted not later than two years after the	75857
effective date of this section to each of the following:	75858

(1) The Governor;

75859

(2) The President and Minority Leader of the Senate;

75860

(3) The Speaker and Minority Leader of the House of	75861
Representatives;	75862

(4) The Director of Health.

75863

Section 209.24. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	75864
AND ATHLETIC TRAINERS BOARD	75865

General Services Fund Group

75866

4K9	890-609	Operating Expenses	$	824,057	$	75867
TOTAL GSF General Services Fund Group			$	824,057	$	75868
TOTAL ALL BUDGET FUND GROUPS			$	824,057	$	75869

Section 209.30. ODB OHIO OPTICAL DISPENSERS BOARD

75871

General Services Fund Group

75872

4K9	894-609	Operating Expenses	$	316,517	$	0	75873
TOTAL GSF General Services							75874
Fund Group			$	316,517	$	0	75875
TOTAL ALL BUDGET FUND GROUPS			$	316,517	$	0	75876

Section 209.33. OPT STATE BOARD OF OPTOMETRY

75878

General Services Fund Group

75879

4K9	885-609	Operating Expenses	$	336,771	$	0	75880
TOTAL GSF General Services							75881
Fund Group			$	336,771	$	0	75882
TOTAL ALL BUDGET FUND GROUPS			$	336,771	$	0	75883

Section 209.36. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	75885
AND PEDORTHICS	75886

General Services Fund Group

75887

4K9	973-609	Operating Expenses	$	99,571	$	0	75888
TOTAL GSF General Services							75889
Fund Group			$	99,571	$	0	75890
TOTAL ALL BUDGET FUND GROUPS			$	99,571	$	0	75891

Section 209.39. PBR STATE PERSONNEL BOARD OF REVIEW

75892

General Revenue Fund

75893

GRF	124-321		Operating		$	1,116,170		$	1,148,000		75894
TOTAL GRF General Revenue Fund					$	1,116,170		$	1,148,000		75895

General Services Fund Group

75896

636	124-601	Transcript and Other	$	12,000	$	15,000	75897
TOTAL GSF General Services							75898
Fund Group			$	12,000	$	15,000	75899
TOTAL ALL BUDGET FUND GROUPS			$	1,128,170	$	1,163,000	75900

TRANSCRIPT AND OTHER

75901

The foregoing appropriation item 124-601, Transcript and	75902
Other, may be used to defray the costs of producing an	75903
administrative record.	75904

Section 209.42. PRX STATE BOARD OF PHARMACY

75905

General Services Fund Group

75906

4A5	887-605	Drug Law Enforcement	$	75,550	$	75,550	75907
4K9	887-609	Operating Expenses	$	5,650,537	$	5,400,537	75908
TOTAL GSF General Services							75909
Fund Group			$	5,726,087	$	5,476,087	75910
TOTAL ALL BUDGET FUND GROUPS			$	5,726,087	$	5,476,087	75911

Section 209.45. PSY STATE BOARD OF PSYCHOLOGY

75913

General Services Fund Group

75914

4K9	882-609	Operating Expenses	$	566,112	$	0	75915
TOTAL GSF General Services							75916
Fund Group			$	566,112	$	0	75917
TOTAL ALL BUDGET FUND GROUPS			$	566,112	$	0	75918

Section 209.48. PUB OHIO PUBLIC DEFENDER COMMISSION

75920

General Revenue Fund

75921

GRF	019-321	Public Defender Administration	$	1,295,570	$	1,262,439	75922
GRF	019-401	State Legal Defense Services	$	5,744,601	$	5,704,117	75923
GRF	019-403	Multi-County: State Share	$	823,620	$	823,620	75924
GRF	019-404	Trumbull County - State Share	$	256,380	$	256,380	75925
GRF	019-405	Training Account	$	31,324	$	31,324	75926
GRF	019-501	County Reimbursement	$	30,000,000	$	30,000,000	75927
TOTAL GRF General Revenue Fund			$	38,151,495	$	38,077,880	75928

General Services Fund Group

75929

101	019-602	Inmate Legal Assistance	$	53,086	$	32,338	75930
406	019-603	Training and Publications	$	16,000	$	16,000	75931
407	019-604	County Representation	$	186,146	$	188,810	75932
408	019-605	Client Payments	$	614,027	$	762,106	75933
TOTAL GSF General Services							75934
Fund Group			$	869,259	$	999,254	75935

Federal Special Revenue Fund Group

75936

3S8	019-608	Federal Representation	$	380,484	$	315,287	75937
TOTAL FED Federal Special Revenue							75938
Fund Group			$	380,484	$	315,287	75939

State Special Revenue Fund Group

75940

4C7	019-601	Multi-County: County Share	$	2,028,309	$	2,104,367	75941
4X7	019-610	Trumbull County - County Share	$	642,106	$	665,860	75942
574	019-606	Legal Services Corporation	$	16,575,000	$	21,300,000	75943
TOTAL SSR State Special Revenue							75944
Fund Group			$	19,245,415	$	24,070,227	75945
TOTAL ALL BUDGET FUND GROUPS			$	58,646,653	$	63,462,648	75946

INDIGENT DEFENSE OFFICE

75947

The foregoing appropriation items 019-404, Trumbull County -	75948
State Share, and 019-610, Trumbull County - County Share, shall be	75949
used to support an indigent defense office for Trumbull County.	75950

MULTI-COUNTY OFFICE

75951

The foregoing appropriation items 019-403, Multi-County:	75952
State Share, and 019-601, Multi-County: County Share, shall be	75953
used to support the Office of the Ohio Public Defender's	75954
Multi-County Branch Office Program.	75955

TRAINING ACCOUNT

75956

The foregoing appropriation item 019-405, Training Account,	75957
shall be used by the Ohio Public Defender to provide legal	75958
training programs at no cost for private appointed counsel who	75959
represent at least one indigent defendant at no cost and for state	75960
and county public defenders and attorneys who contract with the	75961
Ohio Public Defender to provide indigent defense services.	75962

FEDERAL REPRESENTATION

75963

The foregoing appropriation item 019-608, Federal	75964
Representation, shall be used to receive reimbursements from the	75965
federal courts when the Ohio Public Defender provides	75966
representation in federal court cases and to support	75967
representation in such cases.	75968

Section 209.51. DHS DEPARTMENT OF PUBLIC SAFETY

75969

General Revenue Fund

75970

GRF	763-403	Operating Expenses - EMA	$	4,164,697	$	4,164,697	75971
GRF	763-507	Individual and Households Program - State	$	650,000	$	650,000	75972
GRF	768-424	Operating Expenses - CJS	$	965,899	$	1,276,192	75973
GRF	769-321	Food Stamp Trafficking Enforcement Operations	$	752,000	$	752,000	75974
TOTAL GRF General Revenue Fund			$	6,532,596	$	6,842,889	75975

General Services Fund Group

75976

4P6	768-601		Justice Program Services		$	100,000		$	100,000		75977
TOTAL GSF General Services Fund Group					$	100,000		$	100,000		75978

Federal Special Revenue Fund Group

75979

3L5	768-604	Justice Program	$	31,019,750	$	25,214,623	75980
3V8	768-605	Federal Program Purposes FFY01	$	50,000	$	0	75981
TOTAL FED Federal Special Revenue Fund Group			$	31,069,750	$	25,214,623	75982

State Special Revenue Fund Group

75983

5BK	768-689	Family Violence Shelter Programs	$	500,000	$	650,000	75984
5B9	766-632	PI & Security Guard Provider	$	1,888,716	$	1,188,716	75985
5CC	768-607	Public Safety Services	$	100,000	$	200,000	75986
TOTAL SSR State Special Revenue Fund Group			$	1,788,716	$	2,038,716	75987

TOTAL ALL BUDGET FUND GROUPS

39,491,062

34,196,228

75988

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

75989

Of the foregoing appropriation item 763-403, Operating	75990
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	75991
the Ohio Task Force One - Urban Search and Rescue Unit and other	75992
urban search and rescue programs around the state to create a	75993
stronger search and rescue capability statewide.	75994

INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH

75995

The foregoing appropriation item 763-507, Individual and	75996
Households Program - State, shall be used to fund the state share	75997
of costs to provide grants to individuals and households in cases	75998
of disaster.	75999

TRANSFER OF THE OFFICE OF CRIMINAL JUSTICE SERVICES TO THE	76000
DEPARTMENT OF PUBLIC SAFETY	76001

(A) On July 1, 2005:

76002

(1) The Office of Criminal Justice Services shall cease to	76003
exist. The employees of the Office of Criminal Justice Services	76004
who were employed by that Office on June 30, 2005, are transferred	76005
on that date to the Division of Criminal Justice Services in the	76006
Department of Public Safety. The vehicles and equipment assigned	76007
to those employees are transferred to the Division of Criminal	76008
Justice Services.	76009

(2) The assets, liabilities, other equipment not provided	76010
for, and records, irrespective of form or medium, of the Office of	76011
Criminal Justice Services are transferred to the Division of	76012
Criminal Justice Services. The Division of Criminal Justice	76013
Services is the successor to, assumes the obligations of, and	76014
otherwise constitutes the continuation of the Office of Criminal	76015
Justice Services.	76016

(3) Business commenced but not completed by the Office of	76017
Criminal Justice Services on July 1, 2005, shall be completed by	76018
the Division of Criminal Justice Services, in the same manner, and	76019
with the same effect, as if completed by the Office of Criminal	76020
Justice Services. No validation, cure, right, privilege, remedy,	76021
obligation, or liability is lost or impaired by reason of the	76022
transfer required by this section but shall be administered by the	76023
Division of Criminal Justice Services.	76024

(4) The rules, orders, and determinations pertaining to the	76025
Office of Criminal Justice Services continue in effect as rules,	76026
orders, and determinations of the Division of Criminal Justice	76027
Services until modified or rescinded by that Division.	76028

(5) No judicial or administrative action or proceeding	76029
pending on July 1, 2005, is affected by the transfer of functions	76030
from the Office of Criminal Justice Services to the Division of	76031
Criminal Justice Services and shall be prosecuted or defended in	76032
the name of the Executive Director or Division of Criminal Justice	76033
Services. On application to the court or other tribunal, the	76034
Executive Director or Division of Criminal Justice Services shall	76035
be substituted as a party in those actions and proceedings.	76036

(6) When the Director or Office of Criminal Justice Services	76037
is referred to in any statute, rule, contract, grant, or other	76038
document, the reference is hereby deemed to refer to the Executive	76039
Director or Division of Criminal Justice Services.	76040

(B) On and after July 1, 2005, if necessary to ensure the	76041
integrity of the numbering of the Administrative Code, the	76042
Director of the Legislative Service Commission shall renumber the	76043
rules of the Office of Criminal Justice Services to reflect their	76044
transfer to the Division of Criminal Justice Services in the	76045
Department of Public Safety.	76046

(C) On and after July 1, 2005, notwithstanding any provision	76047
of law to the contrary, the Director of Budget and Management is	76048
authorized to take the actions described in this section with	76049
respect to budget changes made necessary by administrative	76050
reorganization, program transfers, the creation of new funds, and	76051
the consolidation of funds as authorized by this act. The Director	76052
may make any transfer of cash balances between funds. At the	76053
request of the Director of Budget and Management, the	76054
administering agency head shall certify to the Director an	76055
estimate of the amount of the cash balance to be transferred to	76056
the receiving fund. The Director may transfer the estimated amount	76057
when needed to make payments. Not more than thirty days after	76058
certifying the estimated amount, the administering agency head	76059
shall certify the final amount to the Director. The Director shall	76060
transfer the difference between any amount previously transferred	76061
and the certified final amount. The Director may cancel	76062
encumbrances and re-establish encumbrances or parts of	76063
encumbrances as needed in fiscal year 2006 in the appropriate fund	76064
and appropriation item for the same purpose and to the same	76065
vendor. As determined by the Director, the appropriation authority	76066
necessary to re-establish those encumbrances in fiscal year 2006	76067
in a different fund or appropriation item within an agency or	76068
between agencies is hereby authorized. The Director shall reduce	76069
each year's appropriation balances by the amount of the	76070
encumbrances canceled in their respective funds and appropriation	76071
items. Any fiscal year 2005 unencumbered or unallocated	76072
appropriation balances may be transferred to the appropriate item	76073
to be used for the same purposes, as determined by the Director.	76074

(D) Any advisory committees appointed by the Governor to	76075
assist the Office of Criminal Justice Services pursuant to section	76076
181.53 and existing on June 30, 2005, shall continue to exist as	76077
advisory committees to the Division of Criminal Justice Services	76078
in the Department of Public Safety beginning on July 1, 2005,	76079
subject to section 121.13 of the Revised Code.	76080

STATE FIRE MARSHAL'S FUND CASH TRANSFERS FOR PUBLIC SAFETY	76081
SERVICES	76082

Notwithstanding section 3737.71 of the Revised Code, in	76083
fiscal year 2006, the Director of Budget and Management shall	76084
transfer $100,000 in cash from the Department of Commerce's State	76085
Fire Marshal's Fund (Fund 546) to the Department of Public	76086
Safety's Public Safety Services Fund (Fund XXX), which is hereby	76087
created in the state treasury, and in fiscal year 2007, the	76088
Director of Budget and Management shall transfer $200,000 in cash	76089
from the Department of Commerce's State Fire Marshal's Fund (Fund	76090
546) to the Department of Public Safety's Public Safety Services	76091
Fund (Fund XXX).	76092

The foregoing appropriation item 768-XXX, Public Safety	76093
Services, shall be used by the Department of Public Safety's	76094
Division of Criminal Justice Services to provide a grant of	76095
$100,000 in fiscal year 2006 and a grant of $200,000 in fiscal	76096
year 2007 to the City of Warren to assist in providing essential	76097
public safety services to its citizens.	76098

Section 209.54. PUC PUBLIC UTILITIES COMMISSION OF OHIO

76099

General Services Fund Group

76100

5F6	870-622	Utility and Railroad Regulation	$	31,272,222	$	31,272,223	76101
5F6	870-624	NARUC/NRRI Subsidy	$	167,233	$	167,233	76102
5F6	870-625	Motor Transportation Regulation	$	5,361,239	$	5,361,238	76103
TOTAL GSF General Services							76104
Fund Group			$	36,800,694	$	36,800,694	76105

Federal Special Revenue Fund Group

76106

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	300,000	$	300,000	76107
333	870-601	Gas Pipeline Safety	$	597,957	$	597,957	76108
350	870-608	Motor Carrier Safety	$	7,027,712	$	7,027,712	76109
TOTAL FED Federal Special Revenue							76110
Fund Group			$	7,925,669	$	7,925,669	76111

State Special Revenue Fund Group

76112

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757	$	1,349,757	76113
4L8	870-617	Pipeline Safety-State	$	187,621	$	187,621	76114
4S6	870-618	Hazardous Material Registration	$	464,325	$	464,325	76115
4S6	870-621	Hazardous Materials Base State Registration	$	373,346	$	373,346	76116
4U8	870-620	Civil Forfeitures	$	284,986	$	284,986	76117
559	870-605	Public Utilities Territorial Administration	$	4,000	$	4,000	76118
560	870-607	Special Assessment	$	100,000	$	100,000	76119
561	870-606	Power Siting Board	$	337,210	$	337,210	76120
638	870-611	Biomass Energy Program	$	40,000	$	40,000	76121
661	870-612	Hazardous Materials Transportation	$	900,000	$	900,000	76122
TOTAL SSR State Special Revenue							76123
Fund Group			$	4,041,245	$	4,041,245	76124

Agency Fund Group

76125

4G4	870-616	Base State Registration Program	$	5,600,000	$	5,600,000	76126
TOTAL AGY Agency Fund Group			$	5,600,000	$	5,600,000	76127
TOTAL ALL BUDGET FUND GROUPS			$	54,367,608	$	54,367,608	76128

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

76129

The Commercial Vehicle Information Systems and Networks Fund	76130
is hereby created in the state treasury. The fund shall receive	76131
funding from the United States Department of Transportation's	76132
Commercial Vehicle Intelligent Transportation System	76133
Infrastructure Deployment Program and shall be used to deploy the	76134
Ohio Commercial Vehicle Information Systems and Networks Project	76135
and to expedite and improve the safety of motor carrier operations	76136
through electronic exchange of data by means of on-highway	76137
electronic systems.	76138

Section 209.57. PWC PUBLIC WORKS COMMISSION

76139

General Revenue Fund

76140

GRF	150-904	Conservation General Obligation Debt Service	$	13,687,300	$	17,168,800	76141
GRF	150-907	State Capital Improvements	$	160,731,400	$	172,145,100	76142
		General Obligation Debt Service					76143
TOTAL GRF General Revenue Fund			$	174,418,700	$	189,313,900	76144

Clean Ohio Fund Group

76145

056	150-403	Clean Ohio Operating Expenses	$	298,245	$	311,509	76146
TOTAL 056 Clean Ohio Fund Group			$	298,245	$	311,509	76147
TOTAL ALL BUDGET FUND GROUPS			$	174,716,945	$	189,625,409	76148

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

76149

The foregoing appropriation item 150-904, Conservation	76150
General Obligation Debt Service, shall be used to pay all debt	76151
service and related financing costs at the times they are required	76152
to be made under sections 151.01 and 151.09 of the Revised Code	76153
during the period from July 1, 2005, to June 30, 2007. The Office	76154
of the Sinking Fund or the Director of Budget and Management shall	76155
effectuate the required payments by intrastate transfer voucher.	76156

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

76157

The foregoing appropriation item 150-907, State Capital	76158
Improvements General Obligation Debt Service, shall be used to pay	76159
all debt service and related financing costs at the times they are	76160
required to be made under sections 151.01 and 151.08 of the	76161
Revised Code during the period from July 1, 2005, to June 30,	76162
2007. The Office of the Sinking Fund or the Director of Budget and	76163
Management shall effectuate the required payments by intrastate	76164
transfer voucher.	76165

REIMBURSEMENT TO THE GENERAL REVENUE FUND

76166

(A) On or before June 1, 2007, the Director of the Public	76167
Works Commission shall certify to the Director of Budget and	76168
Management the following:	76169

(1) The total amount disbursed from appropriation item	76170
700-409, Farmland Preservation, during the 2005-2007 biennium; and	76171

(2) The amount of interest earnings that have been credited	76172
to the Clean Ohio Conservation Fund (Fund 056) that are in excess	76173
of the amount needed for other purposes as calculated by the	76174
Director of the Public Works Commission.	76175

(B) If the Director of Budget and Management determines under	76176
division (A)(2) of this section that there are excess interest	76177
earnings, the Director of Budget and Management shall, on or	76178
before June 1, 2007, transfer the excess interest earnings to the	76179
General Revenue Fund in an amount equal to the total amount	76180
disbursed under division (A)(1) of this section from the Clean	76181
Ohio Conservation Fund.	76182

CLEAN OHIO OPERATING EXPENSES

76183

The foregoing appropriation item 150-403, Clean Ohio	76184
Operating Expenses, shall be used by the Ohio Public Works	76185
Commission in administering sections 164.20 to 164.27 of the	76186
Revised Code.	76187

Section 209.60. RAC STATE RACING COMMISSION

76188

State Special Revenue Fund Group

76189

5C4	875-607	Simulcast Horse Racing Purse	$	17,061,489	$	17,063,948	76190
562	875-601	Thoroughbred Race Fund	$	4,642,378	$	4,642,378	76191
563	875-602	Standardbred Development Fund	$	3,161,675	$	3,161,675	76192
564	875-603	Quarterhorse Development Fund	$	2,000	$	2,000	76193
565	875-604	Racing Commission Operating	$	4,000,000	$	4,000,000	76194
TOTAL SSR State Special Revenue							76195
Fund Group			$	28,867,542	$	28,870,001	76196

Holding Account Redistribution Fund Group

76197

R21	875-605	Bond Reimbursements	$	212,900	$	212,900	76198
TOTAL 090 Holding Account Redistribution							76199
Fund Group			$	212,900	$	212,900	76200
TOTAL ALL BUDGET FUND GROUPS			$	29,080,442	$	29,082,901	76201

Section 209.63. BOR BOARD OF REGENTS

76203

General Revenue Fund

76204

GRF	235-321	Operating Expenses	$	3,147,659	$	2,966,351	76205
GRF	235-401	Lease Rental Payments	$	200,619,200	$	200,795,300	76206
GRF	235-402	Sea Grants	$	231,925	$	231,925	76207
GRF	235-406	Articulation and Transfer	$	2,900,000	$	2,900,000	76208
GRF	235-408	Midwest Higher Education Compact	$	90,000	$	90,000	76209
GRF	235-409	Information System	$	1,146,510	$	1,175,172	76210
GRF	235-414	State Grants and Scholarship Administration	$	1,352,811	$	1,382,881	76211
GRF	235-415	Jobs Challenge	$	9,348,300	$	0	76212
GRF	235-417	Ohio Learning Network	$	3,119,496	$	3,119,496	76213
GRF	235-418	Access Challenge	$	63,340,676	$	0	76214
GRF	235-420	Success Challenge	$	52,601,934	$	0	76215
GRF	235-428	Appalachian New Economy Partnership	$	1,076,068	$	1,076,068	76216
GRF	235-433	Economic Growth Challenge	$	20,343,097	$	0	76217
GRF	235-434	College Readiness and Access	$	6,375,975	$	7,655,425	76218
GRF	235-435	Teacher Improvement Initiatives	$	2,597,506	$	2,597,506	76219
GRF	235-451	Eminent Scholars	$	0	$	1,370,988	76220
GRF	235-455	EnterpriseOhio Network	$	1,373,941	$	1,373,941	76221
GRF	235-474	Area Health Education Centers Program Support	$	1,571,756	$	1,571,756	76222
GRF	235-501	State Share of Instruction	$	1,559,096,031	$	1,718,873,185	76223
GRF	235-502	Student Support Services	$	795,790	$	795,790	76224
GRF	235-503	Ohio Instructional Grants	$	121,151,870	$	92,496,969	76225
GRF	235-504	War Orphans Scholarships	$	4,672,321	$	4,672,321	76226
GRF	235-507	OhioLINK	$	6,887,824	$	6,887,824	76227
GRF	235-508	Air Force Institute of Technology	$	1,925,345	$	1,925,345	76228
GRF	235-510	Ohio Supercomputer Center	$	4,021,195	$	4,021,195	76229
GRF	235-511	Cooperative Extension Service	$	25,644,863	$	25,644,863	76230
GRF	235-513	Ohio University Voinovich Center	$	286,082	$	286,082	76231
GRF	235-514	Central State Supplement	$	10,172,626	$	0	76232
GRF	235-515	Case Western Reserve University School of Medicine	$	3,011,271	$	3,011,271	76233
GRF	235-520	Shawnee State Supplement	$	1,817,839	$	0	76234
GRF	235-521	The Ohio State University Glenn Institute	$	286,082	$	286,082	76235
GRF	235-524	Police and Fire Protection	$	171,959	$	171,959	76236
GRF	235-525	Geriatric Medicine	$	750,110	$	0	76237
GRF	235-527	Ohio Aerospace Institute	$	1,764,957	$	1,764,957	76238
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	76239
GRF	235-531	Student Choice Grants	$	50,853,276	$	52,985,376	76240
GRF	235-534	Student Workforce Development Grants	$	2,137,500	$	2,137,500	76241
GRF	235-535	Ohio Agricultural Research and Development Center	$	35,830,188	$	35,830,188	76242
GRF	235-543	Ohio College of Podiatric Medicine Clinic Subsidy	$	250,000	$	250,000	76243
GRF	235-549	Part-time Student Instructional Grants	$	14,457,721	$	10,534,617	76244
GRF	235-552	Capital Component	$	19,058,863	$	19,058,863	76245
GRF	235-553	Dayton Area Graduate Studies Institute	$	2,806,599	$	2,806,599	76246
GRF	235-554	Priorities in Collaborative Graduate Education	$	2,355,548	$	2,355,548	76247
GRF	235-555	Library Depositories	$	1,696,458	$	1,696,458	76248
GRF	235-556	Ohio Academic Resources Network	$	3,727,223	$	3,727,223	76249
GRF	235-558	Long-term Care Research	$	211,047	$	0	76250
GRF	235-560	Medical Support	$	45,931,099	$	53,686,414	76251
GRF	235-561	Bowling Green State University Canadian Studies Center	$	100,015	$	100,015	76252
GRF	235-562	Family Practice and Primary Care Residencies	$	6,794,158	$	0	76253
GRF	235-563	Ohio College Opportunity Grant	$	0	$	58,144,139	76254
GRF	235-572	The Ohio State University Clinic Support	$	1,277,019	$	1,277,019	76255
GRF	235-583	Urban University Programs	$	4,901,408	$	4,901,408	76256
GRF	235-587	Rural University Projects	$	1,033,100	$	1,033,100	76257
GRF	235-596	Hazardous Materials Program	$	310,435	$	310,435	76258
GRF	235-599	National Guard Scholarship Program	$	15,128,472	$	16,611,063	76259
GRF	235-909	Higher Education General Obligation Debt Service	$	137,600,300	$	152,114,100	76260
TOTAL GRF General Revenue Fund			$	2,467,953,448	$	2,516,504,717	76261

General Services Fund Group

76262

220	235-614	Program Approval and Reauthorization	$	400,000	$	400,000	76263
456	235-603	Sales and Services	$	700,000	$	900,000	76264
TOTAL GSF General Services							76265
Fund Group			$	1,100,000	$	1,300,000	76266

Federal Special Revenue Fund Group

76267

3H2	235-608	Human Services Project	$	1,500,000	$	1,500,000	76268
3H2	235-622	Medical Collaboration Network	$	3,346,143	$	3,346,143	76269
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	76270
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	150,001	$	150,001	76271
312	235-609	Tech Prep	$	183,850	$	183,850	76272
312	235-611	Gear-up Grant	$	1,370,691	$	1,370,691	76273
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	76274
312	235-615	Professional Development	$	523,129	$	523,129	76275
312	235-617	Improving Teacher Quality Grant	$	2,900,000	$	2,900,000	76276
312	235-619	Ohio Supercomputer Center	$	6,000,000	$	6,000,000	76277
312	235-621	Science Education Network	$	1,686,970	$	1,686,970	76278
312	235-631	Federal Grants	$	250,590	$	250,590	76279
TOTAL FED Federal Special Revenue							76280
Fund Group			$	20,221,014	$	20,221,014	76281

State Special Revenue Fund Group

76282

4E8	235-602	Higher Educational Facility Commission Administration	$	55,000	$	55,000	76283
4P4	235-604	Physician Loan Repayment	$	476,870	$	476,870	76284
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	76285
682	235-606	Nursing Loan Program	$	893,000	$	893,000	76286
TOTAL SSR State Special Revenue							76287
Fund Group			$	2,184,870	$	2,184,870	76288
TOTAL ALL BUDGET FUND GROUPS			$	2,491,459,332	$	2,540,210,601	76289

Section 209.63.03. OPERATING EXPENSES

76291

Of the foregoing appropriation item 235-321, Operating	76292
Expenses, up to $150,000 in each fiscal year shall be used in	76293
conjunction with funding provided in the Department of Education	76294
budget under appropriation item 200-427, Academic Standards, to	76295
create Ohio's Partnership for Continued Learning, in consultation	76296
with the Governor's Office. The Partnership, which replaces and	76297
broadens the former Joint Council of the Department of Education	76298
and the Board of Regents, shall advise and make recommendations to	76299
promote collaboration among relevant state entities in an effort	76300
to help local communities develop coherent and successful "P-16"	76301
learning systems. The Director of Budget and Management may	76302
transfer any unencumbered fiscal year 2006 balance to fiscal year	76303
2007 to support the activities of the Partnership.	76304

Of the foregoing appropriation item 235-321, Operating	76305
Expenses, $250,000 in fiscal year 2006 shall be used by the Board	76306
of Regents to contract with an independent party to study each	76307
state supported university. The study shall include an examination	76308
of the areas of study at each state university and determine which	76309
areas of study each university excels in providing, and which	76310
areas of study each university is mediocre in providing. The study	76311
shall point to duplication of coursework, inefficiencies, and	76312
provide recommendations for potential centralization. The Board of	76313
Regents shall report the findings of the study to the General	76314
Assembly and the Governor not later than March 31, 2006.	76315

Section 209.63.06. LEASE RENTAL PAYMENTS

76316

The foregoing appropriation item 235-401, Lease Rental	76317
Payments, shall be used to meet all payments at the times they are	76318
required to be made during the period from July 1, 2005, to June	76319
30, 2007, by the Board of Regents under leases and agreements made	76320
under section 154.21 of the Revised Code, but limited to the	76321
aggregate amount of $401,414,500. Nothing in this act shall be	76322
deemed to contravene the obligation of the state to pay, without	76323
necessity for further appropriation, from the sources pledged	76324
thereto, the bond service charges on obligations issued pursuant	76325
to section 154.21 of the Revised Code.	76326

Section 209.63.09. SEA GRANTS

76327

The foregoing appropriation item 235-402, Sea Grants, shall	76328
be disbursed to the Ohio State University and shall be used to	76329
conduct research on fish in Lake Erie.	76330

Section 209.63.12. ARTICULATION AND TRANSFER

76331

The foregoing appropriation item 235-406, Articulation and	76332
Transfer, shall be used by the Board of Regents to maintain and	76333
expand the work of the Articulation and Transfer Council to	76334
develop a system of transfer policies to ensure that students at	76335
state institutions of higher education can transfer and have	76336
coursework apply to their majors and degrees at any other state	76337
institution of higher education without unnecessary duplication or	76338
institutional barriers under section 3333.16 of the Revised Code.	76339

Of the foregoing appropriation item 235-406, Articulation and	76340
Transfer, $200,000 in each fiscal year shall be used to support	76341
the work of the Articulation and Transfer Council under division	76342
(B) of section 3333.16 of the Revised Code.	76343

Section 209.63.15. MIDWEST HIGHER EDUCATION COMPACT

76344

The foregoing appropriation item 235-408, Midwest Higher	76345
Education Compact, shall be distributed by the Board of Regents	76346
under section 3333.40 of the Revised Code.	76347

Section 209.63.18. INFORMATION SYSTEM

76348

The foregoing appropriation item 235-409, Information System,	76349
shall be used by the Board of Regents to operate the higher	76350
education information data system known as the Higher Education	76351
Information System.	76352

Section 209.63.21. STATE GRANTS AND SCHOLARSHIP	76353
ADMINISTRATION	76354

The foregoing appropriation item 235-414, State Grants and	76355
Scholarship Administration, shall be used by the Board of Regents	76356
to administer the following student financial aid programs: Ohio	76357
Instructional Grant, Part-time Student Instructional Grant, Ohio	76358
College Opportunity Grant, Ohio Student Choice Grant, Ohio	76359
Academic Scholarship, Ohio War Orphans' Scholarship, Nurse	76360
Education Assistance Loan Program, Student Workforce Development	76361
Grant, Regents Graduate/Professional Fellowship, Ohio Safety	76362
Officers College Memorial Fund, Capitol Scholarship Program, and	76363
any other student financial aid programs created by the General	76364
Assembly. The appropriation item also shall be used to administer	76365
the federal Leveraging Educational Assistance Partnership (LEAP)	76366
and Special Leveraging Educational Assistance Partnership (SLEAP)	76367
programs and other student financial aid programs created by	76368
Congress and to provide fiscal services for the Ohio National	76369
Guard Scholarship Program and the Physician Loan Repayment	76370
Program.	76371

Section 209.63.24. JOBS CHALLENGE

76372

Funds appropriated to the foregoing appropriation item	76373
235-415, Jobs Challenge, shall be distributed to state-assisted	76374
community and technical colleges, regional campuses of	76375
state-assisted universities, and other organizationally distinct	76376
and identifiable member campuses of the EnterpriseOhio Network in	76377
support of noncredit job-related training. In fiscal year 2006,	76378
$2,770,773 shall be distributed as performance grants to	76379
EnterpriseOhio Network campuses based upon each campus's	76380
documented performance according to criteria established by the	76381
Board of Regents for increasing training and related services to	76382
businesses, industries, and public sector organizations.	76383

Of the foregoing appropriation item 235-415, Jobs Challenge,	76384
$2,819,345 in fiscal year 2006 shall be allocated to the Targeted	76385
Industries Training Grant Program to attract, develop, and retain	76386
business and industry strategically important to the state's	76387
economy.	76388

Also, in fiscal year 2006, $3,758,182 shall be allocated to	76389
the Higher Skills Incentives Program to promote and deliver	76390
coordinated, comprehensive training to local employers and to	76391
reward EnterpriseOhio Network campuses for increasing the amount	76392
of non-credit skill upgrading services provided to Ohio employers	76393
and employees. The funds shall be distributed to campuses in	76394
proportion to each campus's share of noncredit job-related	76395
training revenues received by all campuses for the previous fiscal	76396
year. It is the intent of the General Assembly that this Higher	76397
Skills Incentives component of the Jobs Challenge Program reward	76398
campus noncredit job-related training efforts in the same manner	76399
that the Research Challenge Program rewards campuses for their	76400
ability to obtain sponsored research revenues.	76401

Section 209.63.27. OHIO LEARNING NETWORK

76402

The foregoing appropriation item 235-417, Ohio Learning	76403
Network, shall be used by the Board of Regents to support the	76404
continued implementation of the Ohio Learning Network, a statewide	76405
electronic collaborative effort designed to promote degree	76406
completion of students, workforce training of employees, and	76407
professional development through the use of advanced	76408
telecommunications and distance education initiatives.	76409

Section 209.63.30. ACCESS CHALLENGE

76410

In fiscal year 2006, the foregoing appropriation item	76411
235-418, Access Challenge, shall be distributed to Ohio's	76412
state-assisted access colleges and universities. For the purposes	76413
of this allocation, "access campuses" includes state-assisted	76414
community colleges, state community colleges, technical colleges,	76415
Shawnee State University, Central State University, Cleveland	76416
State University, the regional campuses of state-assisted	76417
universities, and, where they are organizationally distinct and	76418
identifiable, the community-technical colleges located at the	76419
University of Cincinnati, Youngstown State University, and the	76420
University of Akron.	76421

The purpose of Access Challenge is to reduce the student	76422
share of costs for resident undergraduates enrolled in lower	76423
division undergraduate courses at Ohio's access campuses. The	76424
long-term goal is to make the student share of costs for these	76425
students equivalent to the student share of costs for resident	76426
undergraduate students enrolled throughout Ohio's public colleges	76427
and universities. Access Challenge appropriations shall be used in	76428
fiscal year 2006 to sustain, as much as possible, the tuition	76429
restraint or tuition reduction that was achieved with Access	76430
Challenge allocations in prior years.	76431

In fiscal year 2006, Access Challenge subsidies shall be	76432
distributed by the Board of Regents to eligible access campuses on	76433
the basis of the average of each campus's share of fiscal year	76434
2003 and 2004 all-terms subsidy-eligible General Studies FTEs.	76435

For purposes of this calculation, Cleveland State	76436
University's enrollments shall be adjusted by the ratio of the sum	76437
of subsidy-eligible lower-division FTE student enrollments	76438
eligible for access funding to the sum of subsidy-eligible General	76439
Studies FTE student enrollments at Central State University and	76440
Shawnee State University, and for the following universities and	76441
their regional campuses: the Ohio State University, Ohio	76442
University, Kent State University, Bowling Green State University,	76443
Miami University, the University of Cincinnati, the University of	76444
Akron, and Wright State University.	76445

Section 209.63.33. SUCCESS CHALLENGE

76446

The foregoing appropriation item 235-420, Success Challenge,	76447
shall be used by the Board of Regents to promote degree completion	76448
by students enrolled at a main campus of a state-assisted	76449
university.	76450

Of the foregoing appropriation item 235-420, Success	76451
Challenge, 66.67 per cent of the appropriation in fiscal year 2006	76452
shall be distributed to state-assisted university main campuses in	76453
proportion to each campus's share of the total statewide	76454
bachelor's degrees granted by university main campuses to	76455
"at-risk" students. In fiscal year 2006, an "at-risk" student	76456
means any undergraduate student who was eligible to receive an	76457
Ohio need-based financial aid award during the past ten years. An	76458
eligible institution shall not receive its share of this	76459
distribution until it has submitted a plan that addresses how the	76460
subsidy will be used to better serve at-risk students and increase	76461
their likelihood of successful completion of a bachelor's degree	76462
program. The Board of Regents shall disseminate to all	76463
state-supported institutions of higher education all such plans	76464
submitted by institutions that received Success Challenge funds.	76465

Of the foregoing appropriation item 235-420, Success	76466
Challenge, 33.33 per cent of the appropriation in fiscal year 2006	76467
shall be distributed to university main campuses in proportion to	76468
each campus's share of the total bachelor's degrees granted by	76469
university main campuses to undergraduate students who completed	76470
their bachelor's degrees in a "timely manner" in the previous	76471
fiscal year. For purposes of this section, "timely manner" means	76472
the normal time it would take for a full-time degree-seeking	76473
undergraduate student to complete the student's degree. Generally,	76474
for such students pursuing a bachelor's degree, "timely manner"	76475
means four years. Exceptions to this general rule shall be	76476
permitted for students enrolled in programs specifically designed	76477
to be completed in a longer time period. The Board of Regents	76478
shall collect data to assess the timely completion statistics by	76479
university main campuses.	76480

Section 209.63.36. APPALACHIAN NEW ECONOMY PARTNERSHIP

76481

The foregoing appropriation item 235-428, Appalachian New	76482
Economy Partnership, shall be distributed to Ohio University to	76483
continue a multi-campus and multi-agency coordinated effort to	76484
link Appalachia to the new economy. Ohio University shall use	76485
these funds to provide leadership in the development and	76486
implementation of initiatives in the areas of entrepreneurship,	76487
management, education, and technology.	76488

Section 209.63.39. ECONOMIC GROWTH CHALLENGE

76489

The foregoing appropriation item 235-433, Economic Growth	76490
Challenge, shall be used to enhance the basic research	76491
capabilities of Ohio's public institutions of higher education,	76492
support improved graduate programs throughout the state, and	76493
promote the transfer of technology developed by colleges and	76494
universities to private industry to further the economic goals of	76495
the state.	76496

Of the foregoing appropriation item 235-433, Economic Growth	76497
Challenge, $18,000,000 in fiscal year 2006 shall be used for the	76498
Research Incentive Program to enhance the basic research	76499
capabilities of public colleges and universities and accredited	76500
Ohio institutions of higher education holding certificates of	76501
authorization issued under section 1713.02 of the Revised Code, in	76502
order to strengthen academic research for pursuing Ohio's economic	76503
development goals. The Board of Regents, in consultation with the	76504
colleges and universities, shall administer the Research Incentive	76505
Program and utilize a means of matching, on a fractional basis,	76506
external funds attracted in the previous year by institutions for	76507
basic research. The program may include incentives for increasing	76508
the amount of external research funds coming to eligible	76509
institutions and for focusing research efforts upon critical state	76510
needs. Colleges and universities shall submit for review and	76511
approval to the Board of Regents plans for the institutional	76512
allocation of state dollars received through the program. The	76513
institutional plans shall provide the rationale for the allocation	76514
in terms of the strategic targeting of funds for academic and	76515
state purposes, for strengthening research programs, for	76516
increasing the amount of external research funds, and shall	76517
include an evaluation process to provide results of the increased	76518
support. Institutional plans for the use of Research Incentive	76519
funding must demonstrate a significant investment in Third	76520
Frontier activities funded at the institution. For a college or	76521
university with multiple Third Frontier grants, as much as 10% of	76522
that institution's Research Incentive funding may be invested in	76523
Third Frontier Project-related activities. Each institutional plan	76524
for the investment of Research Incentive moneys shall report on	76525
existing, planned, or possible relationships with other state	76526
science and technology programs and funding recipients in order to	76527
further ongoing statewide science and technology collaboration	76528
objectives. The Board of Regents shall submit a biennial report of	76529
progress to the General Assembly.	76530

In fiscal year 2006, each state-assisted doctoral	76531
degree-granting university shall initiate a comprehensive	76532
Innovation Incentive Plan designed to enhance doctoral programs	76533
and areas of research that have the greatest potential to attract	76534
preeminent researchers and build research capacity; enhance	76535
regional or state economic growth by creating new products and	76536
services to be commercialized; and complement Ohio's Third	76537
Frontier Project.	76538

Funding for the Innovation Incentive Program shall be	76539
generated from those universities electing to set aside a portion	76540
of their allocation of the current doctoral reserve as provided in	76541
appropriation item 235-501, State Share of Instruction, and state	76542
matching funds provided in appropriation item 235-433, Economic	76543
Growth Challenge.	76544

Of the foregoing appropriation item 235-433, Economic Growth	76545
Challenge, $2,343,097 in fiscal year 2006 shall match funds set	76546
aside by the universities for the Innovation Incentive Program.	76547
The set aside begins in fiscal year 2006 and is intended to	76548
increase incrementally over a period of ten years with the goal of	76549
setting aside a total of fifteen per cent of the doctoral reserve	76550
from appropriation item 235-501, State Share of Instruction, by	76551
2016.	76552

The Board of Regents shall use the combined amount of each	76553
participating university's set aside of the doctoral reserve that	76554
has been withheld and the state matching funds earmarked under	76555
appropriation item 235-433, Economic Growth Challenge, to make	76556
awards through a competitive process under the Innovation	76557
Incentive Program. Only universities electing to set aside the	76558
prescribed amount of their allocation of the doctoral reserve are	76559
eligible to compete for and receive Innovation Incentive awards.	76560
The participating universities shall use these awards to	76561
restructure their array of doctoral programs.	76562

Section 209.63.42. COLLEGE READINESS AND ACCESS

76563

Appropriation item 235-434, College Readiness and Access,	76564
shall be used by the Board of Regents to support programs designed	76565
to improve the academic preparation and increase the number of	76566
students that enroll and succeed in higher education such as the	76567
Ohio College Access Network, the state match for the federal	76568
Gaining Early Awareness and Readiness for Undergraduate Program,	76569
and early awareness initiatives. The appropriation item shall also	76570
be used to support innovative statewide strategies to increase	76571
student access and retention for specialized populations, and to	76572
provide for pilot projects that will contribute to improving	76573
access to higher education by specialized populations. The funds	76574
may be used for projects that improve access for nonpublic	76575
secondary students.	76576

Of the foregoing appropriation item 235-434, College	76577
Readiness and Access, $798,684 in fiscal year 2006 and $822,645 in	76578
fiscal year 2007 shall be distributed to the Ohio Appalachian	76579
Center for Higher Education at Shawnee State University. The board	76580
of directors of the Center shall consist of the presidents of	76581
Shawnee State University, Ohio University, Belmont Technical	76582
College, Hocking College, Jefferson Community College, Zane State	76583
College, Rio Grande Community College, Southern State Community	76584
College, and Washington State Community College; the dean of one	76585
of the Salem, Tuscarawas, and East Liverpool regional campuses of	76586
Kent State University, as designated by the president of Kent	76587
State University; and a representative of the Board of Regents	76588
designated by the Chancellor.	76589

Of the foregoing appropriation item 235-434, College	76590
Readiness and Access, $169,553 in fiscal year 2006 and $174,640 in	76591
fiscal year 2007 shall be distributed to Miami University for the	76592
Student Achievement in Research and Scholarship (STARS) Program.	76593

Of the foregoing appropriation item 235-434, College	76594
Readiness and Access, $1,574,535 in fiscal year 2006 and	76595
$2,753,985 in fiscal year 2007 shall be used in conjunction with	76596
funding provided in the Ohio Department of Education budget under	76597
appropriation item 200-431, School Improvement Initiatives, to	76598
support the Early College High School Pilot Program.	76599

Section 209.63.45. TEACHER IMPROVEMENT INITIATIVES

76600

Appropriation item 235-435, Teacher Improvement Initiatives,	76601
shall be used by the Board of Regents to support programs such as	76602
OSI - Discovery and the Centers of Excellence in Mathematics and	76603
Science designed to raise the quality of mathematics and science	76604
teaching in primary and secondary education.	76605

Of the foregoing appropriation item 235-435, Teacher	76606
Improvement Initiatives, $204,049 in each fiscal year shall be	76607
distributed to the Mathematics and Science Center in Lake County.	76608

Of the foregoing appropriation item 235-435, Teacher	76609
Improvement Initiatives, $81,619 in each fiscal year shall be	76610
distributed to the Ohio Mathematics and Science Coalition.	76611

Of the foregoing appropriation item 234-435, Teacher	76612
Improvement Initiatives, $100,000 in each fiscal year shall be	76613
distributed to the Teacher Quality Partnerships study.	76614

Of the foregoing appropriation item 235-435, Teacher	76615
Improvement Initiatives, $799,871 in each fiscal year shall be	76616
distributed to the Ohio Resource Center for Mathematics, Science,	76617
and Reading. The funds shall be used to support a resource center	76618
for mathematics, science, and reading to be located at a	76619
state-assisted university for the purpose of identifying best	76620
educational practices in primary and secondary schools and	76621
establishing methods for communicating them to colleges of	76622
education and school districts. The Ohio Resource Center for	76623
Mathematics, Science, and Reading shall not make available	76624
resources that are inconsistent with the K-12 science standards	76625
and policies as adopted by the State Board of Education.	76626

Section 209.63.48. EMINENT SCHOLARS

76627

The foregoing appropriation item 235-451, Eminent Scholars,	76628
shall be used by the Ohio Board of Regents to continue the Ohio	76629
Eminent Scholars Program, the purpose of which is to invest	76630
educational resources to address problems that are of vital	76631
statewide significance while fostering the growth in eminence of	76632
Ohio's academic programs. Ohio Eminent Scholars endowed chairs	76633
shall allow Ohio universities to recruit senior faculty members	76634
from outside Ohio who are nationally and internationally	76635
recognized scholars in areas of science and technology that	76636
provide the basic research platforms on which the state's	76637
technology and commercialization efforts are built. Endowment	76638
grants of approximately $685,494 to state colleges and	76639
universities and nonprofit Ohio institutions of higher education	76640
holding certificates of authorization issued under section 1713.02	76641
of the Revised Code to match endowment gifts from nonstate sources	76642
may be made in accordance with a plan established by the Ohio	76643
Board of Regents. Matching nonstate endowment gifts shall be equal	76644
to the state's endowment grant of approximately $685,494. The	76645
grants shall have as their purpose attracting and sustaining in	76646
Ohio scholar-leaders of national or international prominence; each	76647
grant shall assist in accelerating state economic growth through	76648
research that provides an essential basic science platform for	76649
commercialization efforts. Such scholar-leaders shall, among their	76650
duties, share broadly the benefits and knowledge unique to their	76651
fields of scholarship to the betterment of Ohio and its people and	76652
collaborate with other state technology programs and program	76653
recipients.	76654

All new Eminent Scholar awards made by the Board of Regents	76655
shall be associated with a Wright Center of Innovation, a	76656
Partnership Award from the Biomedical Research and Technology	76657
Transfer Trust Fund, or a Wright Capital Project.	76658

Section 209.63.51. ENTERPRISEOHIO NETWORK

76659

The foregoing appropriation item 235-455, EnterpriseOhio	76660
Network, shall be allocated by the Board of Regents to continue	76661
increasing the capabilities of the EnterpriseOhio Network to meet	76662
the ongoing training needs of Ohio employers. Funds shall support	76663
multicampus collaboration, best practice dissemination, and	76664
capacity building projects. The Regents Advisory Committee for	76665
Workforce Development, in its advisory role, shall advise in the	76666
development of plans and activities.	76667

Of the foregoing appropriation item 235-455, EnterpriseOhio	76668
Network, $165,300 in each fiscal year shall be used by the Dayton	76669
Business/Sinclair College Jobs Profiling Program.	76670

Section 209.63.54. AREA HEALTH EDUCATION CENTERS

76671

The foregoing appropriation item 235-474, Area Health	76672
Education Centers Program Support, shall be used by the Board of	76673
Regents to support the medical school regional area health	76674
education centers' educational programs for the continued support	76675
of medical and other health professions education and for support	76676
of the Area Health Education Center Program.	76677

Of the foregoing appropriation item 235-474, Area Health	76678
Education Centers Program Support, $159,158 in each fiscal year	76679
shall be disbursed to the Ohio University College of Osteopathic	76680
Medicine to operate a mobile health care unit to serve the	76681
southeastern area of the state.	76682

Of the foregoing appropriation item 235-474, Area Health	76683
Education Centers Program Support, $119,369 in each fiscal year	76684
shall be used to support the Ohio Valley Community Health	76685
Information Network (OVCHIN) project.	76686

Section 209.63.57. STATE SHARE OF INSTRUCTION

76687

As soon as practicable during each fiscal year of the	76688
biennium ending June 30, 2007, in accordance with instructions of	76689
the Board of Regents, each state-assisted institution of higher	76690
education shall report its actual enrollment to the Board of	76691
Regents.	76692

The Board of Regents shall establish procedures required by	76693
the system of formulas set out below and for the assignment of	76694
individual institutions to categories described in the formulas.	76695
The system of formulas establishes the manner in which aggregate	76696
expenditure requirements shall be determined for each of the three	76697
components of institutional operations. In addition to other	76698
adjustments and calculations described below, the subsidy	76699
entitlement of an institution shall be determined by subtracting	76700
from the institution's aggregate expenditure requirements income	76701
to be derived from the local contributions assumed in calculating	76702
the subsidy entitlements. The local contributions for purposes of	76703
determining subsidy support shall not limit the authority of the	76704
individual boards of trustees to establish fee levels.	76705

The General Studies and Technical models shall be adjusted by	76706
the Board of Regents so that the share of state subsidy earned by	76707
those models is not altered by changes in the overall local share.	76708
A lower-division fee differential shall be used to maintain the	76709
relationship that would have occurred between these models and the	76710
baccalaureate models had an assumed share of 37 per cent been	76711
funded.	76712

In defining the number of full-time equivalent (FTE) students	76713
for state subsidy purposes, the Board of Regents shall exclude all	76714
undergraduate students who are not residents of Ohio, except those	76715
charged in-state fees in accordance with reciprocity agreements	76716
made under section 3333.17 of the Revised Code or employer	76717
contracts entered into under section 3333.32 of the Revised Code.	76718

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

76719

(1) INSTRUCTION AND SUPPORT SERVICES

76720

MODEL	FY 2006	76721
General Studies I	$ 4,655	76722
General Studies II	$ 5,135	76723
General Studies III	$ 6,365	76724
Technical I	$ 5,926	76725
Technical III	$ 9,107	76726
Baccalaureate I	$ 7,160	76727
Baccalaureate II	$ 8,235	76728
Baccalaureate III	$ 11,841	76729
Masters and Professional I	$ 19,088	76730
Masters and Professional II	$ 20,984	76731
Masters and Professional III	$ 27,234	76732
Medical I	$ 29,143	76733
Medical II	$ 37,172	76734
MPD I	$ 13,645	76735

(2) STUDENT SERVICES

76736

For this purpose, FTE counts shall be weighted to reflect	76737
differences among institutions in the numbers of students enrolled	76738
on a part-time basis. The student services subsidy per FTE shall	76739
be $890 in fiscal year 2006 for all models.	76740

(B) PLANT OPERATION AND MAINTENANCE (POM)

76741

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

76742

Space undergoing renovation shall be funded at the rate	76743
allowed for storage space.	76744

In the calculation of square footage for each campus, square	76745
footage shall be weighted to reflect differences in space	76746
utilization.	76747

The space inventories for each campus shall be those	76748
determined in the fiscal year 2003 state share of instruction	76749
calculation, adjusted for changes attributable to the construction	76750
or renovation of facilities for which state appropriations were	76751
made or local commitments were made prior to January 1, 1995.	76752

Only 50 per cent of the space permanently taken out of	76753
operation in fiscal year 2006 that is not otherwise replaced by a	76754
campus shall be deleted from the plant operation and maintenance	76755
space inventory.	76756

The square-foot-based plant operation and maintenance subsidy	76757
for each campus shall be determined as follows:	76758

(a) For each standard room type category shown below, the	76759
subsidy-eligible net assignable square feet (NASF) for each campus	76760
shall be multiplied by the following rates, and the amounts summed	76761
for each campus to determine the total gross square-foot-based POM	76762
expenditure requirement:	76763

	FY 2006	76764
Classrooms	$5.86	76765
Laboratories	$7.31	76766
Offices	$5.86	76767
Audio Visual Data Processing	$7.31	76768
Storage	$2.59	76769
Circulation	$7.39	76770
Other	$5.86	76771

(b) The total gross square-foot POM expenditure requirement	76772
shall be allocated to models in proportion to each campus's	76773
activity-based POM weight multiplied by the two- or five-year	76774
average subsidy-eligible FTEs for all models.	76775

(c) The amounts allocated to models in division (B)(1)(b) of	76776
this section shall be multiplied by the ratio of subsidy-eligible	76777
FTE students to total FTE students reported in each model, and the	76778
amounts summed for all models. To this total amount shall be added	76779
an amount to support roads and grounds expenditures, which shall	76780
also be multiplied by the ratio of subsidy-eligible FTE students	76781
to total FTEs reported for each model. From this total amount, the	76782
amounts for Doctoral I and Doctoral II shall be subtracted to	76783
produce the square-foot-based POM subsidy.	76784

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

76785

(a) The number of subsidy-eligible FTE students in each model	76786
shall be multiplied by the following rates for each campus for	76787
fiscal year 2006.	76788

	FY 2006	76789
General Studies I	$ 512	76790
General Studies II	$ 662	76791
General Studies III	$1,464	76792
Technical I	$ 752	76793
Technical III	$1,343	76794
Baccalaureate I	$ 639	76795
Baccalaureate II	$1,149	76796
Baccalaureate III	$1,262	76797
Masters and Professional I	$1,258	76798
Masters and Professional II	$2,446	76799
Masters and Professional III	$3,276	76800
Medical I	$1,967	76801
Medical II	$3,908	76802
MPD I	$1,081	76803

(b) The sum of the products for each campus determined in	76804
division (B)(2)(a) of this section for all models except Doctoral	76805
I and Doctoral II for fiscal year 2006 shall be weighted by a	76806
factor to reflect sponsored research activity and job	76807
training-related public services expenditures to determine the	76808
total activity-based POM subsidy.	76809

76810

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

76811

The calculation of the core subsidy entitlement shall consist	76812
of the following components:	76813

(a) For each campus in fiscal year 2006, the core subsidy	76814
entitlement shall be determined by multiplying the amounts listed	76815
above in divisions (A)(1) and (2) and (B)(2) of this section less	76816
assumed local contributions, by (i) average subsidy-eligible FTEs	76817
for the two-year period ending in the prior year for all models	76818
except Doctoral I and Doctoral II; and (ii) average	76819
subsidy-eligible FTEs for the five-year period ending in the prior	76820
year for all models except Doctoral I and Doctoral II.	76821

(b) In calculating the core subsidy entitlements for Medical	76822
II models only, the Board of Regents shall use the following count	76823
of FTE students:	76824

(i) For those medical schools whose current year enrollment,	76825
including students repeating terms, is below the base enrollment,	76826
the Medical II FTE enrollment shall equal: 65 per cent of the base	76827
enrollment plus 35 per cent of the current year enrollment	76828
including students repeating terms, where the base enrollment is:	76829

The Ohio State University	1010	76830
University of Cincinnati	833	76831
Medical University of Ohio at Toledo	650	76832
Wright State University	433	76833
Ohio University	433	76834
Northeastern Ohio Universities College of Medicine	433	76835

(ii) For those medical schools whose current year enrollment,	76836
excluding students repeating terms, is equal to or greater than	76837
the base enrollment, the Medical II FTE enrollment shall equal the	76838
base enrollment plus the FTE for repeating students.	76839

(iii) Students repeating terms may be no more than five per	76840
cent of current year enrollment.	76841

(c) The Board of Regents shall compute the sum of the two	76842
calculations listed in division (C)(1)(a) of this section and use	76843
the greater sum as the core subsidy entitlement.	76844

The POM subsidy for each campus shall equal the greater of	76845
the square-foot-based subsidy or the activity-based POM subsidy	76846
component of the core subsidy entitlement.	76847

(d) The state share of instruction provided for doctoral	76848
students shall be based on a fixed percentage of the total	76849
appropriation. In fiscal year 2006 not more than 10.34 per cent of	76850
the total state share of instruction shall be reserved to	76851
implement the recommendations of the Graduate Funding Commission.	76852
It is the intent of the General Assembly that the doctoral reserve	76853
not exceed 10.34 per cent of the total state share of instruction	76854
to implement the recommendations of the Graduate Funding	76855
Commission. The Board of Regents may reallocate up to two per cent	76856
in fiscal year 2006 of the reserve among the state-assisted	76857
universities on the basis of a quality review as specified in the	76858
recommendations of the Graduate Funding Commission. No such	76859
reallocation shall occur unless the Board of Regents, in	76860
consultation with representatives of state-assisted universities,	76861
determines that sufficient funds are available for this purpose.	76862

The amount so reserved shall be allocated to universities in	76863
proportion to their share of the total number of Doctoral I	76864
equivalent FTEs as calculated on an institutional basis using the	76865
greater of the two-year or five-year FTEs for the period fiscal	76866
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	76867
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	76868
adjusted to reflect the effects of doctoral review and subsequent	76869
changes in Doctoral I equivalent enrollments. For the purposes of	76870
this calculation, Doctoral I equivalent FTEs shall equal the sum	76871
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	76872

If a university participates in the Innovation Incentive	76873
Program outlined in appropriation item 235-433, Economic Growth	76874
Challenge, then the Board of Regents shall withhold 1.5 per cent	76875
in fiscal year 2006 of the participating university's allocation	76876
of the doctoral reserve. This withholding is intended to increase	76877
incrementally with a goal of setting aside 15 per cent of the	76878
total doctoral reserve by fiscal year 2016.	76879

The Board of Regents shall use the combined amount of each	76880
participating university's set aside of the doctoral reserve that	76881
has been withheld and the state matching funds earmarked under	76882
appropriation item 235-433, Economic Growth Challenge, to make	76883
awards through a competitive process under the Innovation	76884
Incentive Program. Only universities electing to set aside the	76885
prescribed amount of their allocation of the doctoral reserve are	76886
eligible to compete for and receive Innovation Incentive awards.	76887
The participating universities shall use these awards to	76888
restructure their array of doctoral programs.	76889

(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING STOP LOSS

76890

In addition to and after the other adjustment noted above, in	76891
fiscal year 2006, no campus shall receive a state share of	76892
instruction allocation that is less than 97 per cent of the prior	76893
year's state share of instruction amount.	76894

(3) REDUCTIONS IN EARNINGS

76895

If the total state share of instruction earnings in fiscal	76896
year 2006 exceeds the total appropriations available for such	76897
purposes, the Board of Regents shall proportionately reduce the	76898
state share of instruction earnings for all campuses by a uniform	76899
percentage so that the system wide sum equals available	76900
appropriations.	76901

(4) CAPITAL COMPONENT DEDUCTION

76902

After all other adjustments have been made, state share of	76903
instruction earnings shall be reduced for each campus by the	76904
amount, if any, by which debt service charged in Am. H.B. No. 748	76905
of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd	76906
General Assembly, Am. Sub. H.B. No. 640 of the 123rd General	76907
Assembly, and H.B. No. 675 of the 124th General Assembly, and Am.	76908
Sub. H.B. 16 of the 126th General Assembly for that campus exceeds	76909
that campus's capital component earnings. The sum of the amounts	76910
deducted shall be transferred to appropriation item 235-552,	76911
Capital Component, in fiscal year 2006.	76912

(D) EXCEPTIONAL CIRCUMSTANCES

76913

Adjustments may be made to the state share of instruction	76914
payments and other subsidies distributed by the Board of Regents	76915
to state-assisted colleges and universities for exceptional	76916
circumstances. No adjustments for exceptional circumstances may be	76917
made without the recommendation of the Chancellor and the approval	76918
of the Controlling Board.	76919

(E) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	76920
INSTRUCTION	76921

The standard provisions of the state share of instruction	76922
calculation as described in the preceding sections of temporary	76923
law shall apply to any reductions made to appropriation item	76924
235-501, State Share of Instruction, before the Board of Regents	76925
has formally approved the final allocation of the state share of	76926
instruction funds for fiscal year 2006.	76927

Any reductions made to appropriation item 235-501, State	76928
Share of Instruction, after the Board of Regents has formally	76929
approved the final allocation of the state share of instruction	76930
funds for fiscal year 2006, shall be uniformly applied to each	76931
campus in proportion to its share of the final allocation.	76932

(F) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

76933

The state share of instruction payments to the institutions	76934
shall be in substantially equal monthly amounts during the fiscal	76935
year, unless otherwise determined by the Director of Budget and	76936
Management pursuant to section 126.09 of the Revised Code.	76937
Payments during the first six months of the fiscal year shall be	76938
based upon the state share of instruction appropriation estimates	76939
made for the various institutions of higher education according to	76940
Board of Regents enrollment estimates. Payments during the last	76941
six months of the fiscal year shall be distributed after approval	76942
of the Controlling Board upon the request of the Board of Regents.	76943

(G) LAW SCHOOL SUBSIDY

76944

The state share of instruction to state-supported	76945
universities for students enrolled in law schools in fiscal year	76946
2006 shall be calculated by using the number of subsidy-eligible	76947
FTE law school students funded by state subsidy in fiscal year	76948
1995 or the actual number of subsidy-eligible FTE law school	76949
students at the institution in the fiscal year, whichever is less.	76950

By January 15, 2006, the General Assembly shall develop a	76951
plan to provide a new, improved state share of instruction formula	76952
and additional itemized appropriations for the Board of Regents	76953
for fiscal year 2007. In anticipation of a new, improved state	76954
share of instruction formula, which shall include a review of the	76955
allocation of courses to the Medical I and Medical II models, and	76956
higher education reform plan to be enacted before fiscal year	76957
2007, the foregoing appropriation item 235-501, State Share of	76958
Instruction, is hereby appropriated.	76959

Section 209.63.60. HIGHER EDUCATION - BOARD OF TRUSTEES

76960

Funds appropriated for instructional subsidies at colleges	76961
and universities may be used to provide such branch or other	76962
off-campus undergraduate courses of study and such master's degree	76963
courses of study as may be approved by the Board of Regents.	76964

In providing instructional and other services to students,	76965
boards of trustees of state-assisted institutions of higher	76966
education shall supplement state subsidies by income from charges	76967
to students. Each board shall establish the fees to be charged to	76968
all students, including an instructional fee for educational and	76969
associated operational support of the institution and a general	76970
fee for noninstructional services, including locally financed	76971
student services facilities used for the benefit of enrolled	76972
students. The instructional fee and the general fee shall	76973
encompass all charges for services assessed uniformly to all	76974
enrolled students. Each board may also establish special purpose	76975
fees, service charges, and fines as required; such special purpose	76976
fees and service charges shall be for services or benefits	76977
furnished individual students or specific categories of students	76978
and shall not be applied uniformly to all enrolled students.	76979
Except for the board of trustees of Miami University, in	76980
implementing the pilot tuition restructuring plan recognized in	76981
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly	76982
and again recognized by this act, a tuition surcharge shall be	76983
paid by all students who are not residents of Ohio.	76984

The boards of trustees of individual state-assisted	76985
universities, university branch campuses, community colleges,	76986
state community colleges, and technical colleges shall limit	76987
in-state undergraduate instructional and general fee increases for	76988
the 2005-2006 academic year over the amounts charged on January 1,	76989
2005, to no more than six per cent and for the 2006-2007 academic	76990
year to no more than six per cent over the amounts charged for the	76991
prior academic year. The boards of trustees of individual	76992
state-assisted universities, university branch campuses, community	76993
colleges, state community colleges, and technical colleges shall	76994
not authorize combined instructional and general fee increases of	76995
more than six per cent in a single vote. These limitations shall	76996
not apply to increases required to comply with institutional	76997
covenants related to their obligations or to meet unfunded legal	76998
mandates or legally binding obligations incurred or commitments	76999
made prior to the effective date of this section with respect to	77000
which the institution had identified such fee increases as the	77001
source of funds. Any increase required by such covenants and any	77002
such mandates, obligations, or commitments shall be reported by	77003
the Board of Regents to the Controlling Board. These limitations	77004
may also be modified by the Board of Regents, with the approval of	77005
the Controlling Board, to respond to exceptional circumstances as	77006
identified by the Board of Regents.	77007

The board of trustees of a state-assisted institution of	77008
higher education shall not authorize a waiver or nonpayment of	77009
instructional fees or general fees for any particular student or	77010
any class of students other than waivers specifically authorized	77011
by law or approved by the Chancellor. This prohibition is not	77012
intended to limit the authority of boards of trustees to provide	77013
for payments to students for services rendered the institution,	77014
nor to prohibit the budgeting of income for staff benefits or for	77015
student assistance in the form of payment of such instructional	77016
and general fees. This prohibition is not intended to limit the	77017
authority of the board of trustees of Miami University in	77018
providing financial assistance to students in implementing the	77019
pilot tuition restructuring plan recognized in Section 89.05 of	77020
Am. Sub. H.B. 95 of the 125th General Assembly and again	77021
recognized by this act.	77022

Except for Miami University, in implementing the pilot	77023
tuition restructuring plan recognized in Section 89.05 of Am. Sub.	77024
H.B. 95 of the 125th General Assembly and again recognized by this	77025
act, each state-assisted institution of higher education in its	77026
statement of charges to students shall separately identify the	77027
instructional fee, the general fee, the tuition charge, and the	77028
tuition surcharge. Fee charges to students for instruction shall	77029
not be considered to be a price of service but shall be considered	77030
to be an integral part of the state government financing program	77031
in support of higher educational opportunity for students.	77032

In providing the appropriations in support of instructional	77033
services at state-assisted institutions of higher education and	77034
the appropriations for other instruction it is the intent of the	77035
General Assembly that faculty members shall devote a proper and	77036
judicious part of their work week to the actual instruction of	77037
students. Total class credit hours of production per quarter per	77038
full-time faculty member is expected to meet the standards set	77039
forth in the budget data submitted by the Board of Regents.	77040

The authority of government vested by law in the boards of	77041
trustees of state-assisted institutions of higher education shall	77042
in fact be exercised by those boards. Boards of trustees may	77043
consult extensively with appropriate student and faculty groups.	77044
Administrative decisions about the utilization of available	77045
resources, about organizational structure, about disciplinary	77046
procedure, about the operation and staffing of all auxiliary	77047
facilities, and about administrative personnel shall be the	77048
exclusive prerogative of boards of trustees. Any delegation of	77049
authority by a board of trustees in other areas of responsibility	77050
shall be accompanied by appropriate standards of guidance	77051
concerning expected objectives in the exercise of such delegated	77052
authority and shall be accompanied by periodic review of the	77053
exercise of this delegated authority to the end that the public	77054
interest, in contrast to any institutional or special interest,	77055
shall be served.	77056

Section 209.63.63. STUDENT SUPPORT SERVICES

77057

The foregoing appropriation item 235-502, Student Support	77058
Services, shall be distributed by the Board of Regents to Ohio's	77059
state-assisted colleges and universities that incur	77060
disproportionate costs in the provision of support services to	77061
disabled students.	77062

Section 209.63.66. OHIO INSTRUCTIONAL GRANTS

77063

In fiscal year 2006, instructional grants for all eligible	77064
full-time students shall be made using the tables under section	77065
3333.12 of the Revised Code. In fiscal year 2007, instructional	77066
grants for all eligible full-time students who have attended a	77067
college, university, or proprietary school and have completed	77068
coursework for college credit, excluding early college high school	77069
and post secondary enrollment option students, prior to academic	77070
year 2006-2007, shall be made using the tables under section	77071
3333.12 of the Revised Code.	77072

Of the foregoing appropriation item 235-503, Ohio	77073
Instructional Grants, an amount in each fiscal year shall be used	77074
to make the payments authorized by division (C) of section 3333.26	77075
of the Revised Code to the institutions described in that	77076
division. In addition, an amount in each fiscal year shall be used	77077
to reimburse the institutions described in division (B) of section	77078
3333.26 of the Revised Code for the cost of the waivers required	77079
by that division.	77080

The unencumbered balance of appropriation item 235-503, Ohio	77081
Instructional Grants, at the end of fiscal year 2006 shall be	77082
transferred to fiscal year 2007 for use under the same	77083
appropriation item. The amounts transferred are hereby	77084
appropriated.	77085

Section 209.63.69. WAR ORPHANS SCHOLARSHIPS

77086

The foregoing appropriation item 235-504, War Orphans	77087
Scholarships, shall be used to reimburse state-assisted	77088
institutions of higher education for waivers of instructional fees	77089
and general fees provided by them, to provide grants to	77090
institutions that have received a certificate of authorization	77091
from the Ohio Board of Regents under Chapter 1713. of the Revised	77092
Code, in accordance with the provisions of section 5910.04 of the	77093
Revised Code, and to fund additional scholarship benefits provided	77094
by section 5910.032 of the Revised Code.	77095

Section 209.63.72. OHIOLINK

77096

The foregoing appropriation item 235-507, OhioLINK, shall be	77097
used by the Board of Regents to support OhioLINK, the state's	77098
electronic library information and retrieval system, which	77099
provides access statewide to the library holdings of all of Ohio's	77100
public colleges and universities, 40 private colleges, and the	77101
State Library of Ohio.	77102

Section 209.63.75. AIR FORCE INSTITUTE OF TECHNOLOGY

77103

The foregoing appropriation item 235-508, Air Force Institute	77104
of Technology, shall be used to strengthen the research and	77105
educational linkages between the Wright Patterson Air Force Base	77106
and institutions of higher education in Ohio. Of the foregoing	77107
appropriation item 235-508, Air Force Institute of Technology,	77108
$1,233,588 in each fiscal year shall be used for research projects	77109
that connect the Air Force Research Laboratories with university	77110
partners. The institute shall provide annual reports to the Third	77111
Frontier Commission, that discuss existing, planned, or possible	77112
collaborations between programs and funding recipients related to	77113
technology, research development, commercialization, and support	77114
for Ohio's economic development.	77115

Of the foregoing appropriation item 235-508, Air Force	77116
Institute of Technology, $691,757 in each fiscal year shall be	77117
used to match federal dollars to support technology	77118
commercialization and job creation. The Development Research	77119
Corporation shall use the funds to create or expand Ohio-based	77120
technology and commercial development collaborations in areas that	77121
are a priority in Ohio's third frontier initiative between	77122
industry, academia, and government.	77123

Section 209.63.78. OHIO SUPERCOMPUTER CENTER

77124

The foregoing appropriation item 235-510, Ohio Supercomputer	77125
Center, shall be used by the Board of Regents to support the	77126
operation of the center, located at The Ohio State University, as	77127
a statewide resource available to Ohio research universities both	77128
public and private. It is also intended that the center be made	77129
accessible to private industry as appropriate. Policies of the	77130
center shall be established by a governance committee,	77131
representative of Ohio's research universities and private	77132
industry, to be appointed by the Chancellor of the Board of	77133
Regents and established for this purpose.	77134

The Ohio Supercomputer Center shall report on expanding	77135
solutions-oriented, computational science services to industrial	77136
and other customers, including alignment programs and recipients,	77137
and develop a plan for a computational science initiative in	77138
collaboration with the Wright Centers of Innovation Program.	77139

Section 209.63.81. COOPERATIVE EXTENSION SERVICE

77140

The foregoing appropriation item 235-511, Cooperative	77141
Extension Service, shall be disbursed through the Board of Regents	77142
to The Ohio State University in monthly payments, unless otherwise	77143
determined by the Director of Budget and Management under section	77144
126.09 of the Revised Code.	77145

Of the foregoing appropriation item 235-511, Cooperative	77146
Extension Service, $178,271 in each fiscal year shall be used for	77147
additional staffing for county agents for expanded 4-H activities.	77148
Of the foregoing appropriation item 235-511, Cooperative Extension	77149
Service, $178,271 in each fiscal year shall be used by the	77150
Cooperative Extension Service, through the Enterprise Center for	77151
Economic Development in cooperation with other agencies, for a	77152
public-private effort to create and operate a small business	77153
economic development program to enhance the development of	77154
alternatives to the growing of tobacco, and implement, through	77155
applied research and demonstration, the production and marketing	77156
of other high-value crops and value-added products. Of the	77157
foregoing appropriation item 235-511, Cooperative Extension	77158
Service, $55,179 in each fiscal year shall be used for farm labor	77159
mediation and education programs, $182,515 in each fiscal year	77160
shall be used to support the Ohio State University Marion	77161
Enterprise Center, and $772,931 in each fiscal year shall be used	77162
to support the Ohio Watersheds Initiative.	77163

Section 209.63.84. OHIO UNIVERSITY VOINOVICH CENTER

77164

The foregoing appropriation item 235-513, Ohio University	77165
Voinovich Center, shall be used by the Board of Regents to support	77166
the operations of Ohio University's Voinovich Center.	77167

Section 209.63.87. CENTRAL STATE SUPPLEMENT

77168

The foregoing appropriation item 235-514, Central State	77169
Supplement, shall be used by Central State University to keep	77170
undergraduate fees below the statewide average, consistent with	77171
its mission of service to many first-generation college students	77172
from groups historically underrepresented in higher education and	77173
from families with limited incomes.	77174

Section 209.63.93. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	77175
MEDICINE	77176

The foregoing appropriation item 235-515, Case Western	77177
Reserve University School of Medicine, shall be disbursed to Case	77178
Western Reserve University through the Board of Regents in	77179
accordance with agreements entered into under section 3333.10 of	77180
the Revised Code, provided that the state support per full-time	77181
medical student shall not exceed that provided to full-time	77182
medical students at state universities.	77183

Section 209.63.96. SHAWNEE STATE SUPPLEMENT

77184

The foregoing appropriation item 235-520, Shawnee State	77185
Supplement, shall be used by Shawnee State University as detailed	77186
by both of the following:	77187

(A) To allow Shawnee State University to keep its	77188
undergraduate fees below the statewide average, consistent with	77189
its mission of service to an economically depressed Appalachian	77190
region;	77191

(B) To allow Shawnee State University to employ new faculty	77192
to develop and teach in new degree programs that meet the needs of	77193
Appalachians.	77194

Section 209.63.99. OSU GLENN INSTITUTE

77195

The foregoing appropriation item 235-521, The Ohio State	77196
University Glenn Institute, shall be used by the Board of Regents	77197
to support the operations of the Ohio State University's Glenn	77198
Institute.	77199

Section 209.64.03. POLICE AND FIRE PROTECTION

77200

The foregoing appropriation item 235-524, Police and Fire	77201
Protection, shall be used for police and fire services in the	77202
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	77203
Portsmouth, Xenia Township (Greene County), Rootstown Township,	77204
and the City of Nelsonville that may be used to assist these local	77205
governments in providing police and fire protection for the	77206
central campus of the state-affiliated university located therein.	77207
Each participating municipality and township shall receive at	77208
least $5,000 in each fiscal year. Funds shall be distributed	77209
according to the method employed by the Board of Regents in the	77210
previous biennium.	77211

Section 209.64.06. GERIATRIC MEDICINE

77212

The Board of Regents shall develop plans consistent with	77213
existing criteria and guidelines as may be required for the	77214
distribution of appropriation item 235-525, Geriatric Medicine.	77215

Section 209.64.09. OHIO AEROSPACE INSTITUTE

77216

The foregoing appropriation item 235-527, Ohio Aerospace	77217
Institute, shall be distributed by the Board of Regents under	77218
section 3333.042 of the Revised Code.	77219

The Board of Regents, in consultation with the Third Frontier	77220
Commission, shall develop a plan for providing for appropriate,	77221
value-added participation of the Ohio Aerospace Institute in Third	77222
Frontier Project proposals and grants.	77223

Section 209.64.12. ACADEMIC SCHOLARSHIPS

77224

The foregoing appropriation item 235-530, Academic	77225
Scholarships, shall be used to provide academic scholarships to	77226
students under section 3333.22 of the Revised Code.	77227

Section 209.64.15. STUDENT CHOICE GRANTS

77228

The foregoing appropriation item 235-531, Student Choice	77229
Grants, shall be used to support the Student Choice Grant Program	77230
created by section 3333.27 of the Revised Code. The unencumbered	77231
balance of appropriation item 235-531, Student Choice Grants, at	77232
the end of fiscal year 2006 shall be transferred to fiscal year	77233
2007 for use under the same appropriation item to maintain grant	77234
award amounts in fiscal year 2007 equal to the awards provided in	77235
fiscal year 2006. The amounts transferred are hereby appropriated.	77236

Section 209.64.18. STUDENT WORKFORCE DEVELOPMENT GRANTS

77237

The foregoing appropriation item 235-534, Student Workforce	77238
Development Grants, shall be used to support the Student Workforce	77239
Development Grant Program. The Board of Regents shall distribute	77240
grants to each eligible student in an academic year. The size of	77241
each grant award shall be determined by the Board of Regents based	77242
on the amount of funds available for the program.	77243

Section 209.64.21. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	77244
CENTER	77245

The foregoing appropriation item 235-535, Ohio Agricultural	77246
Research and Development Center, shall be disbursed through the	77247
Board of Regents to The Ohio State University in monthly payments,	77248
unless otherwise determined by the Director of Budget and	77249
Management under section 126.09 of the Revised Code. The Ohio	77250
Agricultural Research and Development Center shall not be required	77251
to remit payment to The Ohio State University during the biennium	77252
ending June 30, 2007, for cost reallocation assessments. The cost	77253
reallocation assessments include, but are not limited to, any	77254
assessment on state appropriations to the Center.	77255

The Ohio Agricultural Research and Development Center, an	77256
entity of the College of Food, Agricultural, and Environmental	77257
Sciences of The Ohio State University, shall further its mission	77258
of enhancing Ohio's economic development and job creation by	77259
continuing to internally allocate on a competitive basis	77260
appropriated funding of programs based on demonstrated	77261
performance. Academic units, faculty, and faculty-driven programs	77262
shall be evaluated and rewarded consistent with agreed-upon	77263
performance expectations as called for in the College's	77264
Expectations and Criteria for Performance Assessment.	77265

Of the foregoing appropriation item 235-535, Ohio	77266
Agricultural Research and Development Center, $458,410 in each	77267
fiscal year shall be used to purchase equipment.	77268

Of the foregoing appropriation item 235-535, Ohio	77269
Agricultural Research and Development Center, $806,463 in each	77270
fiscal year shall be distributed to the Piketon Agricultural	77271
Research and Extension Center.	77272

Of the foregoing appropriation item 235-535, Ohio	77273
Agricultural Research and Development Center, $212,227 in each	77274
fiscal year shall be distributed to the	77275
Raspberry/Strawberry-Ellagic Acid Research program at The Ohio	77276
State University Medical College in cooperation with The Ohio	77277
State University College of Agriculture.	77278

Of the foregoing appropriation item 235-535, Ohio	77279
Agricultural Research and Development Center, $42,445 in each	77280
fiscal year shall be used to support the Ohio Berry Administrator.	77281

Of the foregoing appropriation item 235-535, Ohio	77282
Agricultural Research and Development Center, $84,890 in each	77283
fiscal year shall be used for the development of agricultural	77284
crops and products not currently in widespread production in Ohio,	77285
in order to increase the income and viability of family farmers.	77286

Section 209.64.24. PART-TIME STUDENT INSTRUCTIONAL GRANTS

77287

The foregoing appropriation item 235-549, Part-time Student	77288
Instructional Grants, shall be used to support a grant program for	77289
part-time undergraduate students who are Ohio residents and who	77290
were enrolled in degree granting programs prior to academic year	77291
2006-2007.	77292

Eligibility for participation in the program shall include	77293
degree granting educational institutions that hold a certificate	77294
of registration from the State Board of Career Colleges and	77295
Schools, and nonprofit institutions that have a certificate of	77296
authorization issued under Chapter 1713. of the Revised Code, as	77297
well as state-assisted colleges and universities. Grants shall be	77298
given to students on the basis of need, as determined by the	77299
college, which, in making these determinations, shall give special	77300
consideration to single-parent heads-of-household and displaced	77301
homemakers who enroll in an educational degree program that	77302
prepares the individual for a career. In determining need, the	77303
college also shall consider the availability of educational	77304
assistance from a student's employer. It is the intent of the	77305
General Assembly that these grants not supplant such assistance.	77306

Section 209.64.27. CAPITAL COMPONENT

77307

The foregoing appropriation item 235-552, Capital Component,	77308
shall be used by the Board of Regents to implement the capital	77309
funding policy for state-assisted colleges and universities	77310
established in Am. H.B. No. 748 of the 121st General Assembly.	77311
Appropriations from this item shall be distributed to all campuses	77312
for which the estimated campus debt service attributable to new	77313
qualifying capital projects is less than the campus's	77314
formula-determined capital component allocation. Campus	77315
allocations shall be determined by subtracting the estimated	77316
campus debt service attributable to new qualifying capital	77317
projects from the campus's formula-determined capital component	77318
allocation. Moneys distributed from this appropriation item shall	77319
be restricted to capital-related purposes.	77320

Any campus for which the estimated campus debt service	77321
attributable to qualifying capital projects is greater than the	77322
campus's formula-determined capital component allocation shall	77323
have the difference subtracted from its State Share of Instruction	77324
allocation in each fiscal year. The sum of all such amounts shall	77325
be transferred from appropriation item 235-501, State Share of	77326
Instruction, to appropriation item 235-552, Capital Component.	77327

Section 209.64.30. DAYTON AREA GRADUATE STUDIES INSTITUTE

77328

The foregoing appropriation item 235-553, Dayton Area	77329
Graduate Studies Institute, shall be used by the Board of Regents	77330
to support the Dayton Area Graduate Studies Institute, an	77331
engineering graduate consortium of three universities in the	77332
Dayton area: Wright State University, the University of Dayton,	77333
and the Air Force Institute of Technology, with the participation	77334
of the University of Cincinnati and The Ohio State University.	77335

Of the foregoing appropriation item 235-553, Dayton Area	77336
Graduate Studies Institute, $417,053 in each fiscal year shall be	77337
used by the Miami Valley Economic Development Research Corporation	77338
to support collaborative research between academia, industry, and	77339
the Air Force for the Wright Brothers Institute and related	77340
initiatives in nanomaterials and advanced data management and	77341
analysis.	77342

Section 209.64.33. PRIORITIES IN COLLABORATIVE GRADUATE	77343
EDUCATION	77344

The foregoing appropriation item 235-554, Priorities in	77345
Collaborative Graduate Education, shall be used by the Board of	77346
Regents to support improvements in graduate programs at	77347
state-assisted universities that the Board of Regents identifies	77348
as vital to the state's economic strategy. Up to $169,782 in each	77349
fiscal year shall be used to support collaborative efforts in	77350
graduate education in this program area. The collaborative program	77351
shall be coordinated by the Board of Regents.	77352

Section 209.64.36. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

77353

The foregoing appropriation item 235-556, Ohio Academic	77354
Resources Network, shall be used to support the operations of the	77355
Ohio Academic Resources Network, which shall include support for	77356
Ohio's state-assisted colleges and universities in maintaining and	77357
enhancing network connections. The network shall give priority to	77358
supporting the Third Frontier Network and allocating bandwidth to	77359
programs directly supporting Ohio's economic development.	77360

Section 209.64.39. LONG-TERM CARE RESEARCH

77361

The foregoing appropriation item 235-558, Long-term Care	77362
Research, shall be disbursed to Miami University for long-term	77363
care research.	77364

Section 209.64.42. MEDICAL SUPPORT

77365

The Board of Regents, in consultation with the state-assisted	77366
medical colleges, shall develop performance standards for medical	77367
education. Special emphasis in the standards shall be placed on	77368
attempting to ensure that at least 50 per cent of the aggregate	77369
number of students enrolled in state-assisted medical colleges	77370
continue to enter residency as primary care physicians. Primary	77371
care physicians are general family practice physicians, general	77372
internal medicine practitioners, and general pediatric care	77373
physicians. The Board of Regents shall monitor medical school	77374
performance in relation to their plans for reaching the 50 per	77375
cent system-wide standard for primary care physicians.	77376

Of the foregoing appropriation item 235-560, Medical Support,	77377
$45,931,099 in fiscal year 2006 shall be used to support clinical	77378
teaching at Ohio's state-assisted colleges of medicine. Of this	77379
amount, The Ohio State University shall receive $13,565,885 in	77380
fiscal year 2006; University of Cincinnati shall receive	77381
$11,157,756 in fiscal year 2006; Medical University of Ohio at	77382
Toledo shall receive $8,696,866 in fiscal year 2006; Wright State	77383
University shall receive $4,225,107 in fiscal year 2006 and	77384
$124,644 of this amount in fiscal year 2006 shall be for the use	77385
of Wright State University's Ellis Institute for Clinical Teaching	77386
Studies to operate the clinical facility to serve the Greater	77387
Dayton Area; Ohio University shall receive $4,084,540 in fiscal	77388
year 2006; and Northeastern Ohio Universities College of Medicine	77389
shall receive $4,200,945 in fiscal year 2006. These funds shall be	77390
distributed through the Board of Regents.	77391

By January 15, 2006, the General Assembly shall develop a	77392
plan to provide itemized appropriations to the Board of Regents	77393
for medical support programs for fiscal year 2007. In anticipation	77394
of a new, improved allocation of funds for medical support	77395
programs to be enacted before fiscal year 2007, the foregoing	77396
appropriation item 235-560, Medical Support, is hereby	77397
appropriated.	77398

Section 209.64.45. BOWLING GREEN STATE UNIVERSITY CANADIAN	77399
STUDIES CENTER	77400

The foregoing appropriation item 235-561, Bowling Green State	77401
University Canadian Studies Center, shall be used by the Canadian	77402
Studies Center at Bowling Green State University to study	77403
opportunities for Ohio and Ohio businesses to benefit from the	77404
Free Trade Agreement between the United States and Canada.	77405

Section 209.64.48. FAMILY PRACTICE AND PRIMARY CARE	77406
RESIDENCIES	77407

The Board of Regents shall develop plans consistent with	77408
existing criteria and guidelines as may be required for the	77409
distribution of appropriation item 235-562, Family Practice and	77410
Primary Care Residencies.	77411

Of the foregoing appropriation item 235-562, Family Practice	77412
and Primary Care Residencies, $4,548,470 in fiscal year 2006 shall	77413
be distributed to Family Practice programs.	77414

Of the foregoing appropriation item 235-562, Family Practice	77415
and Primary Care Residencies, $2,245,688 in fiscal year 2006 shall	77416
be distributed to Primary Care Residencies, based on whether or	77417
not the institution has submitted and gained approval for a	77418
primary care residency plan. If the institution does not have an	77419
approved plan, it shall receive five per cent less funding per	77420
student than it would have received from its annual allocation.	77421
The remaining funding shall be distributed among those	77422
institutions that meet or exceed their targets.	77423

Section 209.64.51. OHIO COLLEGE OPPORTUNITY GRANT PHASE-IN

77424

The foregoing appropriation item 235-563, Ohio College	77425
Opportunity Grant, shall be used by the Board of Regents to begin	77426
to award needs-based financial aid to students based on the United	77427
States Department of Education's method of determining financial	77428
need. Beginning in fiscal year 2007, students who enrolled in a	77429
public, private, or proprietary post-secondary institution of	77430
higher education for the first time in academic year 2006-2007,	77431
excluding early college high school and post-secondary enrollment	77432
option participants, shall be eligible to receive aid based on	77433
their expected family contributions as calculated by the United	77434
State Department of Education, according to section 3333.122 of	77435
the Revised Code.	77436

Section 209.64.54. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

77437

The foregoing appropriation item 235-572, The Ohio State	77438
University Clinic Support, shall be distributed through the Board	77439
of Regents to The Ohio State University for support of dental and	77440
veterinary medicine clinics.	77441

Section 209.64.57. URBAN UNIVERSITY PROGRAMS

77442

Universities receiving funds from the foregoing appropriation	77443
item 235-583, Urban University Programs, that are used to support	77444
an ongoing university unit shall certify periodically in a manner	77445
approved by the Board of Regents that program funds are being	77446
matched on a one-to-one basis with equivalent resources. Overhead	77447
support may not be used to meet this requirement. Where Urban	77448
University Program funds are being used to support an ongoing	77449
university unit, matching funds shall come from continuing rather	77450
than one-time sources. At each participating state-assisted	77451
institution of higher education, matching funds shall be within	77452
the substantial control of the individual designated by the	77453
institution's president as the Urban University Program	77454
representative.	77455

Of the foregoing appropriation item 235-583, Urban University	77456
Programs, $247,453 in each fiscal year shall be used to support a	77457
public communication outreach program (WCPN). The primary purpose	77458
of the program shall be to develop a relationship between	77459
Cleveland State University and nonprofit communications entities.	77460

Of the foregoing appropriation item 235-583, Urban University	77461
Programs, $117,215 in each fiscal year shall be used to support	77462
the Center for the Interdisciplinary Study of Education and the	77463
Urban Child at Cleveland State University. These funds shall be	77464
distributed according to rules adopted by the Board of Regents and	77465
shall be used by the center for interdisciplinary activities	77466
targeted toward increasing the chance of lifetime success of the	77467
urban child, including interventions beginning with the prenatal	77468
period. The primary purpose of the center is to study issues in	77469
urban education and to systematically map directions for new	77470
approaches and new solutions by bringing together a cadre of	77471
researchers, scholars, and professionals representing the social,	77472
behavioral, education, and health disciplines.	77473

Of the foregoing appropriation item 235-583, Urban University	77474
Programs, $169,310 in each fiscal year shall be used to support	77475
the Kent State University Learning and Technology Project. This	77476
project is a kindergarten through university collaboration between	77477
schools surrounding Kent State University's eight campuses in	77478
northeast Ohio and corporate partners who will assist in	77479
development and delivery.	77480

The Kent State University Project shall provide a faculty	77481
member who has a full-time role in the development of	77482
collaborative activities and teacher instructional programming	77483
between Kent State University and the K-12th grade schools that	77484
surround its eight campuses; appropriate student support staff to	77485
facilitate these programs and joint activities; and hardware and	77486
software to schools that will make possible the delivery of	77487
instruction to pre-service and in-service teachers, and their	77488
students, in their own classrooms or school buildings. This shall	77489
involve the delivery of low-bandwidth streaming video and	77490
web-based technologies in a distributed instructional model.	77491

Of the foregoing appropriation item 235-583, Urban University	77492
Programs, $65,119 in each fiscal year shall be used to support the	77493
Ameritech Classroom/Center for Research at Kent State University.	77494

Of the foregoing appropriation item 235-583, Urban University	77495
Programs, $651,192 in each fiscal year shall be used to support	77496
the Polymer Distance Learning Project at the University of Akron.	77497

Of the foregoing appropriation item 235-583, Urban University	77498
Programs, $32,560 in each fiscal year shall be distributed to the	77499
Kent State University/Cleveland Design Center program.	77500

Of the foregoing appropriation item 235-583, Urban University	77501
Programs, $162,797 in each fiscal year shall be used to support	77502
the Bliss Institute of Applied Politics at the University of	77503
Akron.	77504

Of the foregoing appropriation item 235-583, Urban University	77505
Programs, $9,766 in each fiscal year shall be used for the	77506
Advancing-Up Program at the University of Akron.	77507

Of the foregoing appropriation item 235-583, Urban University	77508
Programs, $1,433,037 in each fiscal year shall be distributed by	77509
the Board of Regents to Cleveland State University in support of	77510
the Maxine Goodman Levin College of Urban Affairs.	77511

Of the foregoing appropriation item 235-583, Urban University	77512
Programs, $1,433,037 in each fiscal year shall be distributed to	77513
the Northeast Ohio Research Consortium, the Urban Linkages	77514
Program, and the Urban Research Technical Assistance Grant	77515
Program. The distribution among the three programs shall be	77516
determined by the chair of the Urban University Program.	77517

Of the foregoing appropriation item 235-583, Urban University	77518
Programs, $139,777 in each fiscal year shall be used to support	77519
the Strategic Economic Research Collaborative at the University of	77520
Toledo Urban Affairs Center.	77521

Of the foregoing appropriation item 235-583, Urban University	77522
Programs, $139,777 in each fiscal year shall be used to support	77523
the Institute for Collaborative Research and Public Humanities at	77524
The Ohio State University.	77525

Of the foregoing appropriation item 235-583, Urban University	77526
Programs, $300,368 in each fiscal year shall be used to support	77527
the Medina County University Center.	77528

Section 209.64.60. RURAL UNIVERSITY PROJECTS

77529

Of the foregoing appropriation item 235-587, Rural University	77530
Projects, Bowling Green State University shall receive $237,405 in	77531
each fiscal year, Miami University shall receive $220,788 in each	77532
fiscal year, and Ohio University shall receive $517,513 in each	77533
fiscal year. These funds shall be used to support the Institute	77534
for Local Government Administration and Rural Development at Ohio	77535
University, the Center for Public Management and Regional Affairs	77536
at Miami University, and the Center for Policy Analysis and Public	77537
Service at Bowling Green State University.	77538

A small portion of the funds provided to Ohio University	77539
shall also be used for the Institute for Local Government	77540
Administration and Rural Development State and Rural Policy	77541
Partnership with the Governor's Office of Appalachia and the	77542
Appalachian delegation of the General Assembly.	77543

Of the foregoing appropriation item 235-587, Rural University	77544
Projects, $14,348 in each fiscal year shall be used to support the	77545
Washington State Community College day care center.	77546

Of the foregoing appropriation item 235-587, Rural University	77547
Projects, $43,046 in each fiscal year shall be used to support the	77548
COAD/ILGARD/GOA Appalachian Leadership Initiative.	77549

Section 209.64.63. HAZARDOUS MATERIALS PROGRAM

77550

The foregoing appropriation item 235-596, Hazardous Materials	77551
Program, shall be disbursed to Cleveland State University for the	77552
operation of a program to certify firefighters for the handling of	77553
hazardous materials. Training shall be available to all Ohio	77554
firefighters.	77555

Of the foregoing appropriation item 235-596, Hazardous	77556
Materials Program, $127,337 in each fiscal year shall be used to	77557
support the Center for the Interdisciplinary Study of Education	77558
and Leadership in Public Service at Cleveland State University.	77559
These funds shall be distributed by the Board of Regents and shall	77560
be used by the center targeted toward increasing the role of	77561
special populations in public service and not-for-profit	77562
organizations. The primary purpose of the center is to study	77563
issues in public service and to guide strategies for attracting	77564
new communities into public service occupations by bringing	77565
together a cadre of researchers, scholars, and professionals	77566
representing the public administration, social behavioral, and	77567
education disciplines.	77568

Section 209.64.66. NATIONAL GUARD SCHOLARSHIP PROGRAM

77569

The Board of Regents shall disburse funds from appropriation	77570
item 235-599, National Guard Scholarship Program, at the direction	77571
of the Adjutant General. The unencumbered balance of appropriation	77572
item 235-599, National Guard Scholarship Program, at the end of	77573
each fiscal year shall be transferred under section 5919.341 of	77574
the Revised Code to the National Guard Scholarship Reserve Fund	77575
(Fund 5BM) for use under appropriation item 235-623, National	77576
Guard Scholarship Reserve Fund. Upon the request of the Adjutant	77577
General, the Board of Regents shall seek Controlling Board	77578
approval to establish appropriations in item 235-623, National	77579
Guard Scholarship Reserve Fund.	77580

Section 209.64.69. * PLEDGE OF FEES

77581

Any new pledge of fees, or new agreement for adjustment of	77582
fees, made in the biennium ending June 30, 2007, to secure bonds	77583
or notes of a state-assisted institution of higher education for a	77584
project for which bonds or notes were not outstanding on the	77585
effective date of this section shall be effective only after	77586
approval by the Board of Regents, unless approved in a previous	77587
biennium.	77588

Section 209.64.72. HIGHER EDUCATION GENERAL OBLIGATION DEBT	77589
SERVICE	77590

The foregoing appropriation item 235-909, Higher Education	77591
General Obligation Debt Service, shall be used to pay all debt	77592
service and related financing costs at the times they are required	77593
to be made under sections 151.01 and 151.04 of the Revised Code	77594
during the period from July 1, 2005, to June 30, 2007. The Office	77595
of the Sinking Fund or the Director of Budget and Management shall	77596
effectuate the required payments by intrastate transfer voucher.	77597

Section 209.64.75. SALES AND SERVICES

77598

The Board of Regents is authorized to charge and accept	77599
payment for the provision of goods and services. Such charges	77600
shall be reasonably related to the cost of producing the goods and	77601
services. No charges may be levied for goods or services that are	77602
produced as part of the routine responsibilities or duties of the	77603
Board. All revenues received by the Board of Regents shall be	77604
deposited into Fund 456, and may be used by the Board of Regents	77605
to pay for the costs of producing the goods and services.	77606

Section 209.64.76. OHIO HIGHER EDUCATIONAL FACILITY	77607
COMMISSION SUPPORT	77608

The foregoing appropriation item 235-602, Higher Educational	77609
Facility Commission Administration, shall be used by the Board of	77610
Regents for operating expenses related to the Board of Regents'	77611
support of the activities of the Ohio Higher Educational Facility	77612
Commission. Upon the request of the chancellor, the Director of	77613
Budget and Management shall transfer up to $55,000 cash from Fund	77614
461 to Fund 4E8 in each fiscal year of the biennium.	77615

Section 209.64.78. PHYSICIAN LOAN REPAYMENT

77616

The foregoing appropriation item 235-604, Physician Loan	77617
Repayment, shall be used in accordance with sections 3702.71 to	77618
3702.81 of the Revised Code.	77619

Section 209.64.81. NURSING LOAN PROGRAM

77620

The foregoing appropriation item 235-606, Nursing Loan	77621
Program, shall be used to administer the nurse education	77622
assistance program. Up to $159,600 in fiscal year 2006 and	77623
$167,580 in fiscal year 2007 may be used for operating expenses	77624
associated with the program. Any additional funds needed for the	77625
administration of the program are subject to Controlling Board	77626
approval.	77627

Section 209.64.84. SCIENCE AND TECHNOLOGY COLLABORATION

77628

The Board of Regents shall work in close collaboration with	77629
the Department of Development, the Air Quality Development	77630
Authority, and the Third Frontier Commission in relation to	77631
appropriation items and programs referred to as Alignment Programs	77632
in the following paragraph, and other technology-related	77633
appropriations and programs in the Department of Development, Air	77634
Quality Development Authority, and the Board of Regents as these	77635
agencies may designate, to ensure implementation of a coherent	77636
state strategy with respect to science and technology.	77637

"Alignment Programs" means: appropriation items 195-401,	77638
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	77639
Third Frontier Action Fund; 898-604, Coal Research and Development	77640
Fund; 235-433, Economic Growth Challenge; 235-451, Eminent	77641
Scholars; 235-508, Air Force Institute of Technology; 235-510,	77642
Ohio Supercomputer Center; 235-527, Ohio Aerospace Institute;	77643
235-535, Ohio Agricultural Research and Development Center;	77644
235-553, Dayton Area Graduate Studies Institute; 235-554,	77645
Priorities in Collaborative Graduate Education; 235-556, Ohio	77646
Academic Resources Network; and 195-435, Biomedical Research and	77647
Technology Transfer Trust.	77648

Consistent with the recommendations of the Governor's	77649
Commission on Higher Education and the Economy, Alignment Programs	77650
shall be managed and administered (1) to build on existing	77651
competitive research strengths; (2) to encourage new and emerging	77652
discoveries and commercialization of products and ideas that will	77653
benefit the Ohio economy; and (3) to assure improved collaboration	77654
among Alignment Programs, with programs administered by the Third	77655
Frontier Commission, and with other state programs that are	77656
intended to improve economic growth and job creation.	77657

If requested by the Third Frontier Commission, Alignment	77658
Programs managers shall report to the Commission or the Third	77659
Frontier Advisory Board, as directed by the Commission, on the	77660
contributions of their programs to achieving the objectives stated	77661
in the preceding paragraph of this section.	77662

Each alignment program shall be reviewed annually by the	77663
Third Frontier Commission with respect to its development of	77664
complementary relationships within a combined state science and	77665
technology investment portfolio and its overall contribution to	77666
the state's science and technology strategy, including the	77667
adoption of appropriately consistent criteria for: (1) the	77668
scientific merit of activities supported by the program; (2) the	77669
relevance of the program's activities to commercial opportunities	77670
in the private sector; (3) the private sector's involvement in a	77671
process that continually evaluates commercial opportunities to use	77672
the work supported by the program; and (4) the ability of the	77673
program and recipients of grant funding from the program to engage	77674
in activities that are collaborative, complementary, and efficient	77675
with respect to the expenditure of state funds. All programs	77676
listed above shall provide annual reports to the Third Frontier	77677
Commission discussing existing, planned, or possible	77678
collaborations between programs and recipients of grant funding	77679
related to technology, development, commercialization, and	77680
supporting Ohio's economic development. The annual review by the	77681
Third Frontier Commission shall be a comprehensive review of the	77682
entire state science and technology program portfolio rather than	77683
a review of individual programs.	77684

Applicants for Third Frontier and Alignment Programs funding	77685
shall identify their requirements for high-performance computing	77686
facilities and services, including both hardware and software, in	77687
the proposals. If an applicant's requirements exceed approximately	77688
$100,000 for a proposal, the Ohio Supercomputer Center shall	77689
convene a panel of experts. The panel shall review the proposal to	77690
determine whether the proposal's requirements can be met through	77691
Ohio Supercomputer Center facilities or through other means and	77692
report such information to the Third Frontier Commission.	77693

To ensure that the state receives the maximum benefit from	77694
its investment in the Third Frontier Project and the Third	77695
Frontier Network, organizations receiving Third Frontier awards	77696
and Alignment Programs awards shall, as appropriate, be expected	77697
to have a connection to the Third Frontier Network that enables	77698
them and their collaborators to achieve award objectives through	77699
the Third Frontier Network.	77700

Section 209.64.87. REPAYMENT OF RESEARCH FACILITY INVESTMENT	77701
FUND MONEYS	77702

Notwithstanding any provision of law to the contrary, all	77703
repayments of Research Facility Investment Fund loans shall be	77704
made to the Bond Service Trust Fund. All Research Facility	77705
Investment Fund loan repayments made prior to the effective date	77706
of this section shall be transferred by the Director of Budget and	77707
Management to the Bond Service Trust Fund within sixty days after	77708
the effective date of this section.	77709

Campuses shall make timely repayments of Research Facility	77710
Investment Fund loans, according to the schedule established by	77711
the Board of Regents. In the case of late payments, the Board of	77712
Regents may deduct from an institution's periodic subsidy	77713
distribution an amount equal to the amount of the overdue payment	77714
for that institution, transfer such amount to the Bond Service	77715
Trust Fund, and credit the appropriate institution for the	77716
repayment.	77717

Section 209.64.90. VETERANS' PREFERENCES

77718

The Board of Regents shall work with the Governor's Office of	77719
Veterans' Affairs to develop specific veterans' preference	77720
guidelines for higher education institutions. These guidelines	77721
shall ensure that the institutions' hiring practices are in	77722
accordance with the intent of Ohio's veterans' preference laws.	77723

Section 209.64.93. STATE NEED-BASED FINANCIAL AID	77724
RECONCILIATION	77725

By the first day of August in each fiscal year, or as soon	77726
thereafter as possible, the Ohio Board of Regents shall certify to	77727
the Director of Budget and Management the amount necessary to pay	77728
any outstanding prior year obligations to higher education	77729
institutions for the state's need-based financial aid programs.	77730
The amounts certified are hereby appropriated to appropriation	77731
item 235-618, State Need-based Financial Aid Reconciliation, from	77732
revenues received in the State Need-based Financial Aid	77733
Reconciliation Fund (Fund 5Y5).	77734

Section 209.69. DRC DEPARTMENT OF REHABILITATION AND	77735
CORRECTION	77736

General Revenue Fund							77737
GRF	501-321	Institutional Operations	$	854,371,490	$	870,888,880	77738
GRF	501-403	Prisoner Compensation	$	8,599,255	$	8,599,255	77739
GRF	501-405	Halfway House	$	41,104,924	$	41,105,128	77740
GRF	501-406	Lease Rental Payments	$	132,370,500	$	120,600,600	77741
GRF	501-407	Community Nonresidential Programs	$	15,383,471	$	15,404,522	77742
GRF	501-408	Community Misdemeanor Programs	$	8,041,489	$	8,041,489	77743
GRF	501-501	Community Residential Programs - CBCF	$	55,054,445	$	55,054,445	77744
GRF	502-321	Mental Health Services	$	64,897,564	$	66,055,754	77745
GRF	503-321	Parole and Community Operations	$	78,887,219	$	80,708,911	77746
GRF	504-321	Administrative Operations	$	27,559,389	$	28,147,730	77747
GRF	505-321	Institution Medical Services	$	159,926,575	$	176,500,628	77748
GRF	506-321	Institution Education Services	$	22,727,366	$	23,114,615	77749
GRF	507-321	Institution Recovery Services	$	6,946,286	$	7,090,212	77750
TOTAL GRF General Revenue Fund			$	1,475,869,973	$	1,501,312,169	77751

General Services Fund Group

77752

148	501-602	Services and Agricultural	$	95,207,653	$	95,207,653	77753
200	501-607	Ohio Penal Industries	$	38,000,000	$	38,000,000	77754
4B0	501-601	Penitentiary Sewer Treatment Facility Services	$	1,758,177	$	1,758,177	77755
4D4	501-603	Prisoner Programs	$	20,967,703	$	20,967,703	77756
4L4	501-604	Transitional Control	$	1,593,794	$	1,593,794	77757
4S5	501-608	Education Services	$	4,564,072	$	4,564,072	77758
483	501-605	Property Receipts	$	393,491	$	393,491	77759
5AF	501-609	State and Non-Federal Awards	$	262,718	$	262,718	77760
5H8	501-617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	77761
5L6	501-611	Information Technology Services	$	3,741,980	$	3,741,980	77762
571	501-606	Training Academy Receipts	$	75,190	$	75,190	77763
593	501-618	Laboratory Services	$	5,799,999	$	5,799,999	77764
TOTAL GSF General Services Fund Group			$	174,364,777	$	174,364,777	77765

Federal Special Revenue Fund Group

77766

3S1	501-615	Truth-In-Sentencing Grants	$	26,127,427	$	26,127,427	77767
323	501-619	Federal Grants	$	12,198,353	$	12,198,353	77768
TOTAL FED Federal Special Revenue							77769
Fund Group			$	38,325,780	$	38,325,780	77770

TOTAL ALL BUDGET FUND GROUPS

1,688,560,530

1,714,002,726

77771

CORRECTION OFFICER TO INMATE RATIO

77772

A $6,000,000 total reduction in the original fiscal year 2006	77773
and fiscal year 2007 recommend appropriation for appropriation	77774
item 501-321, Institutional Operations, shall not affect the	77775
correction officer to inmate ratio.	77776

OHIO BUILDING AUTHORITY LEASE PAYMENTS

77777

The foregoing appropriation item 501-406, Lease Rental	77778
Payments, shall be used for payments to the Ohio Building	77779
Authority for the period July 1, 2005, to June 30, 2007, under the	77780
primary leases and agreements for those buildings made under	77781
Chapter 152. of the Revised Code but limited to the aggregate	77782
amount of $252,971,100. This appropriation amount is the source of	77783
funds pledged for bond service charges on related obligations	77784
issued under Chapter 152. of the Revised Code.	77785

PRISONER COMPENSATION

77786

Money from the foregoing appropriation item 501-403, Prisoner	77787
Compensation, shall be transferred on a quarterly basis by	77788
intrastate transfer voucher to the Services and Agricultural Fund	77789
(Fund 148) for the purposes of paying prisoner compensation.	77790

Section 209.72. RSC REHABILITATION SERVICES COMMISSION

77791

General Revenue Fund

77792

GRF	415-100	Personal Services	$	8,851,468	$	8,851,468	77793
GRF	415-402	Independent Living Council	$	12,280	$	12,280	77794
GRF	415-403	Mental Health Services	$	717,221	$	717,221	77795
GRF	415-404	MR/DD Services	$	1,260,816	$	1,260,816	77796
GRF	415-405	Vocational Rehabilitation/Job and Family Services	$	536,912	$	536,912	77797
GRF	415-406	Assistive Technology	$	47,531	$	47,531	77798
GRF	415-431	Office for People with Brain Injury	$	226,012	$	226,012	77799
GRF	415-506	Services for People with Disabilities	$	12,185,215	$	12,185,215	77800
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	77801
GRF	415-509	Services for the Elderly	$	359,377	$	359,377	77802
GRF	415-520	Independent Living Services	$	50,000	$	50,000	77803
TOTAL GRF General Revenue Fund			$	24,296,832	$	24,296,832	77804

General Services Fund Group

77805

4W5	415-606	Program Management Expenses	$	18,557,040	$	18,557,040	77806
467	415-609	Business Enterprise Operating Expenses	$	1,632,082	$	1,632,082	77807
TOTAL GSF General Services							77808
Fund Group			$	20,189,122	$	20,189,122	77809

Federal Special Revenue Fund Group

77810

3L1	415-601	Social Security Personal Care Assistance	$	3,743,740	$	3,743,740	77811
3L1	415-605	Social Security Community Centers for the Deaf	$	1,100,488	$	1,100,488	77812
3L1	415-607	Social Security Administration Cost	$	175,860	$	175,860	77813
3L1	415-608	Social Security Special Programs/Assistance	$	2,246,991	$	131,716	77814
3L1	415-610	Social Security Vocational Rehabilitation	$	1,336,324	$	1,338,324	77815
3L1	415-614	Social Security Independent Living	$	154,942	$	0	77816
3L4	415-612	Federal Independent Living Centers or Services	$	894,662	$	686,520	77817
3L4	415-615	Federal - Supported Employment	$	1,338,191	$	1,338,191	77818
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,508,885	$	1,608,885	77819
317	415-620	Disability Determination	$	82,870,347	$	87,999,369	77820
379	415-616	Federal - Vocational Rehabilitation	$	123,565,158	$	119,998,470	77821
TOTAL FED Federal Special							77822
Revenue Fund Group			$	218,935,588	$	218,121,563	77823

State Special Revenue Fund Group

77824

4L1	415-619	Services for Rehabilitation	$	4,500,000	$	4,500,000	77825
468	415-618	Third Party Funding	$	1,055,407	$	1,105,407	77826
TOTAL SSR State Special							77827
Revenue Fund Group			$	5,555,407	$	5,605,407	77828
TOTAL ALL BUDGET FUND GROUPS			$	268,976,949	$	268,212,924	77829

INDEPENDENT LIVING COUNCIL

77830

The foregoing appropriation item 415-402, Independent Living	77831
Council, shall be used to fund the operations of the State	77832
Independent Living Council.	77833

MENTAL HEALTH SERVICES

77834

The foregoing appropriation item 415-403, Mental Health	77835
Services, shall be used for the provision of vocational	77836
rehabilitation services to mutually eligible consumers of the	77837
Rehabilitation Services Commission and the Department of Mental	77838
Health.	77839

The Rehabilitation Services Commission shall provide the	77840
Department of Mental Health a quarterly report stating the numbers	77841
served, numbers placed in employment, average hourly wage, and	77842
average hours worked.	77843

MR/DD SERVICES

77844

The foregoing appropriation item 415-404, MR/DD Services,	77845
shall be used as state matching funds to provide vocational	77846
rehabilitation services to mutually eligible clients between the	77847
Rehabilitation Services Commission and the Department of Mental	77848
Retardation and Developmental Disabilities. The Rehabilitation	77849
Services Commission shall report to the Department of Mental	77850
Retardation and Developmental Disabilities, as outlined in an	77851
interagency agreement, on the number and status of mutually	77852
eligible clients and the status of the funds and expenditures for	77853
these clients.	77854

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

77855

The foregoing appropriation item 415-405, Vocational	77856
Rehabilitation/Job and Family Services, shall be used as state	77857
matching funds to provide vocational rehabilitation services to	77858
mutually eligible clients between the Rehabilitation Services	77859
Commission and the Department of Job and Family Services. The	77860
Rehabilitation Services Commission shall report to the Department	77861
of Job and Family Services, as outlined in an interagency	77862
agreement, on the number and status of mutually eligible clients	77863
and the status of the funds and expenditures for these clients.	77864

ASSISTIVE TECHNOLOGY

77865

The foregoing appropriation item 415-406, Assistive	77866
Technology, shall be provided to Assistive Technology of Ohio and	77867
shall be used only to provide grants under that program. No amount	77868
of the appropriation may be used for administrative costs.	77869

OFFICE FOR PEOPLE WITH BRAIN INJURY

77870

Of the foregoing appropriation item 415-431, Office for	77871
People with Brain Injury, $50,000 in each fiscal year shall be	77872
used for the state match for a federal grant awarded through the	77873
Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to $50,000	77874
in fiscal year 2006 and up to $50,000 in fiscal year 2007 shall be	77875
provided to the Brain Injury Trust Fund. The remaining	77876
appropriation shall be used to plan and coordinate	77877
head-injury-related services provided by state agencies and other	77878
government or private entities, to assess the needs for such	77879
services, and to set priorities in this area.	77880

SERVICES FOR THE DEAF

77881

The foregoing appropriation item 415-508, Services for the	77882
Deaf, shall be used to supplement Social Security reimbursement	77883
funds used to provide grants to community centers for the deaf.	77884
These funds shall not be used in lieu of Social Security	77885
reimbursement funds.	77886

SERVICES FOR THE ELDERLY

77887

The foregoing appropriation item 415-509, Services for the	77888
Elderly, shall be used as matching funds for vocational	77889
rehabilitation services for eligible elderly citizens with a	77890
disability.	77891

INDEPENDENT LIVING SERVICES

77892

The foregoing appropriation items 415-520, Independent Living	77893
Services, and 415-612, Federal - Independent Living Centers or	77894
Services, shall be used to support state independent living	77895
centers or independent living services under Title VII of the	77896
Independent Living Services and Centers for Independent Living of	77897
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	77898
U.S.C. 796d.	77899

PROGRAM MANAGEMENT EXPENSES

77900

The foregoing appropriation item 415-606, Program Management	77901
Expenses, shall be used to support the administrative functions of	77902
the commission related to the provision of vocational	77903
rehabilitation, disability determination services, and ancillary	77904
programs.	77905

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

77906

The foregoing appropriation item 415-617, Independent	77907
Living/Vocational Rehabilitation Programs, shall be used to	77908
support vocational rehabilitation programs, including, but not	77909
limited to, high tech high schools, training, and brain injury	77910
grants.	77911

SOCIAL SECURITY REIMBURSEMENT FUNDS

77912

Reimbursement funds received from the Social Security	77913
Administration, United States Department of Health and Human	77914
Services, for the costs of providing services and training to	77915
return disability recipients to gainful employment shall be used	77916
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	77917

(A) Appropriation item 415-601, Social Security Personal Care	77918
Assistance, to provide personal care services in accordance with	77919
section 3304.41 of the Revised Code;	77920

(B) Appropriation item 415-605, Social Security Community	77921
Centers for the Deaf, to provide grants to community centers for	77922
the deaf in Ohio for services to individuals with hearing	77923
impairments;	77924

(C) Appropriation item 415-607, Social Security	77925
Administration Cost, to provide administrative services needed to	77926
administer the Social Security reimbursement program;	77927

(D) Appropriation item 415-608, Social Security Special	77928
Programs/Assistance, to provide vocational rehabilitation services	77929
to individuals with severe disabilities who are Social Security	77930
beneficiaries, to enable them to achieve competitive employment.	77931
This appropriation item also includes funds to assist the Personal	77932
Care Assistance, Community Centers for the Deaf, and Independent	77933
Living Programs to pay their share of indirect costs as mandated	77934
by federal OMB Circular A-87.	77935

(E) Appropriation item 415-610, Social Security Vocational	77936
Rehabilitation, to provide vocational rehabilitation services to	77937
older blind individuals with severe disabilities to enable them to	77938
achieve a noncompetitive employment goal.	77939

PILOT PROGRAM FOR VOCATIONAL REHABILITATION

77940

During fiscal years 2006 and 2007, the Rehabilitation	77941
Services Commission may conduct a pilot program to provide	77942
vocational rehabilitation and related services to entities,	77943
employers, or individuals that are not eligible for state- or	77944
federally-supported services through the commission. The	77945
commission shall propose fees to be collected from the entities,	77946
employers, or individuals served by the pilot program to support	77947
the costs for vocational rehabilitation and related services	77948
provided under the pilot program. Fee revenues collected under the	77949
program shall be credited to Fund 468 (Third Party Funding).	77950
During implementation of the pilot program, the Rehabilitation	77951
Services Commission shall investigate and determine the	77952
possibility of utilizing this source of revenue to match federal	77953
funds. The Rehabilitation Services Commission shall evaluate the	77954
progress of the pilot program and issue a report of its findings	77955
to the Governor not later than December 15, 2007. The report shall	77956
include a recommendation to either continue or discontinue the	77957
pilot program in the next biennium.	77958

Section 209.75. RCB RESPIRATORY CARE BOARD

77959

General Services Fund Group

77960

4K9	872-609	Operating Expenses	$	441,987	$	0	77961
TOTAL GSF General Services							77962
Fund Group			$	441,987	$	0	77963
TOTAL ALL BUDGET FUND GROUPS			$	441,987	$	0	77964

Section 209.78. REVENUE DISTRIBUTION FUNDS

77966

Volunteer Firefighters' Dependents Fund

77967

085	800-900	Volunteer Firefighters' Dependents Fund	$	280,000	$	280,000	77968
TOTAL 085 Volunteer Firefighters'							77969
Dependents Fund			$	280,000	$	280,000	77970
Agency Fund Group							77971
062	110-900	Resort Area Excise Tax	$	1,000,000	$	1,075,000	77972
063	110-900	Permissive Tax Distribution	$	1,627,628,631	$	1,706,969,960	77973
067	110-900	School District Income Tax	$	185,000,000	$	195,000,000	77974
4P8	001-698	Cash Management Improvement Fund	$	2,500,000	$	3,000,000	77975
608	001-699	Investment Earnings	$	85,000,000	$	85,000,000	77976
TOTAL AGY Agency Fund Group			$	1,901,128,631	$	1,991,044,960	77977

Holding Account Redistribution

77978

R45	110-617	International Fuel Tax Distribution	$	6,292,029	$	0	77979
TOTAL 090 Holding Account Redistribution Fund			$	6,292,029	$	0	77980
Revenue Distribution Fund Group							77981
049	038-900	Indigent Drivers Alcohol Treatment	$	1,865,000	$	1,865,000	77982
050	762-900	International Registration Plan Distribution	$	55,000,000	$	55,000,000	77983
051	762-901	Auto Registration Distribution	$	475,000,000	$	475,000,000	77984
054	110-900	Local Government Property Tax Replacement - Utility	$	90,000,000	$	90,000,000	77985
060	110-900	Gasoline Excise Tax Fund	$	325,000,000	$	349,000,000	77986
064	110-900	Local Government Revenue Assistance	$	83,754,100	$	77,384,100	77987
065	110-900	Library/Local Government Support Fund	$	439,372,980	$	430,584,650	77988
066	800-900	Undivided Liquor Permits	$	13,500,000	$	13,500,000	77989
068	110-900	State and Local Government Highway Distribution	$	231,076,000	$	235,542,000	77990
069	110-900	Local Government Fund	$	598,454,000	$	560,455,299	77991
081	110-900	Local Government Property Tax Replacement-Business	$	20,490,000	$	154,290,000	77992
082	110-900	Horse Racing Tax	$	130,000	$	130,000	77993
083	700-900	Ohio Fairs Fund	$	2,450,000	$	2,450,000	77994
088	110-900	Local Government Services Collaboration	$	$5,000,000	$	0	77995
089	100-900	Small Township and Village Relief	$	3,500,000	$	6,500,000	77996
TOTAL RDF Revenue Distribution							77997
Fund Group			$	2,344,592,080	$	2,451,701,049	77998
TOTAL ALL BUDGET FUND GROUPS			$	4,252,292,740	$	4,443,026,009	77999

ADDITIONAL APPROPRIATIONS

78000

Appropriation items in this section shall be used for the	78001
purpose of administering and distributing the designated revenue	78002
distribution funds according to the Revised Code. If it is	78003
determined that additional appropriations are necessary for this	78004
purpose, such amounts are appropriated.	78005

Section 209.78.03. GENERAL REVENUE FUND TRANSFERS TO LOCAL	78006
GOVERNMENT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 081)	78007
Notwithstanding any provision of law to the contrary, the Director	78008
of Budget and Management shall transfer $4,290,000 in fiscal year	78009
2006 and $30,090,000 in fiscal year 2007 from the General Revenue	78010
Fund to appropriation item 110-900, Local Government Property Tax	78011
Replacement – Business (Fund 081) in the Revenue Distribution	78012
Fund. The funds shall be used to reimburse local taxing units	78013
under section 5751.22 of the Revised Code.	78014

Section 209.78.06. LOCAL GOVERNMENT SERVICES COLLABORATION	78015
GRANT PROGRAM	78016

(A) The Director of Development shall administer a Local	78017
Government Services Collaboration Grant Program. The Director may	78018
adopt rules under section 111.15 of the Revised Code and do all	78019
things necessary for that purpose.	78020

(B) There is hereby created in the State Treasury the Local	78021
Government Services Collaboration Grant Fund (Fund 088). The fund	78022
shall consist of all cash deposited to it pursuant to Section	78023
557.12 of this act. The fund shall be used by the Director of	78024
Development in administering the Local Government Services	78025
Collaboration Grant Program.	78026

(C) The foregoing appropriation item 110-900, Local	78027
Government Services Collaboration, shall be used by the Director	78028
of Development to administer the Local Government Services	78029
Collaboration Grant Program. Moneys shall be used to provide	78030
grants to counties, municipal corporations, townships, and	78031
fire/ambulance districts that are interested in combining the	78032
provision of local government services with those of other	78033
counties, municipal corporations, townships, or fire/ambulance	78034
districts. Individual grant awards shall be used solely for the	78035
cost of conducting a feasibility study that addresses whether, and	78036
in what manner, counties, municipal corporations, townships, and	78037
fire/ambulance districts may combine their respective provisions	78038
of local government services.	78039

Individual grants shall be available on a competitive basis	78040
to a county, municipal corporation, township, or fire/ambulance	78041
district that proposes to combine its provision of local	78042
government services with those of at least two other counties,	78043
municipal corporations, townships, or fire/ambulance districts, or	78044
with any combination of at least two other counties, municipal	78045
corporations, townships, or fire/ambulance districts. Grants shall	78046
be awarded according to the following formula:	78047

(1) For a total of, or for any combination of, three	78048
counties, municipal corporations, townships, or fire/ambulance	78049
districts, the grant shall be equal to fifty per cent of the total	78050
cost of the feasibility study;	78051

(2) For a total of, or for any combination of, four counties,	78052
municipal corporations, townships, or fire/ambulance districts,	78053
the grant shall be equal to sixty per cent of the total cost of	78054
the feasibility study;	78055

(3) For a total of, or for any combination of, five counties,	78056
municipal corporations, townships, or fire/ambulance districts,	78057
the grant shall be equal to seventy per cent of the total cost of	78058
the feasibility study;	78059

(4) For a total of, or for any combination of six counties,	78060
municipal corporations, townships, or fire/ambulance districts,	78061
the grant shall be equal to eighty per cent of the total cost of	78062
the feasibility study;	78063

(5) For a total of, or for any combination of, seven	78064
counties, municipal corporations, townships, or fire/ambulance	78065
districts, the grant shall be equal to ninety per cent of the	78066
total cost of the feasibility study;	78067

(6) For a total of, or for any combination of, eight or more	78068
counties, municipal corporations, townships, or fire/ambulance	78069
districts, the grant shall be equal to the total cost of the	78070
feasibility study.	78071

(D) Of the foregoing appropriation 110-900, Local Government	78072
Services Collaboration, not more than $100,000 over the biennium	78073
may be used by the Department of Development for operating	78074
expenditures in administering the Local Government Services	78075
Collaboration Grant Program.	78076

(E) Applicants for funding under the Local Government	78077
Services Collaboration Grant Program are encouraged to utilize the	78078
services of state-funded colleges and universities to conduct the	78079
feasibility studies referenced under this section.	78080

(F) As used in this section, "local government services"	78081
means services typically provided by a county, municipal	78082
corporation, township, or fire/ambulance district for the health,	78083
safety, and well-being of community residents and includes, but is	78084
not limited to, police and fire protection, 9-1-1 emergency	78085
service, trash collection, snow removal, road repair, and the	78086
provision of public utilities such as water and sewer services.	78087

(G) On or before June 30, 2006, the unencumbered balance of	78088
the foregoing appropriation item 110-900, Local Government	78089
Services Collaboration, for fiscal year 2006 is hereby	78090
appropriated for the same purpose for fiscal year 2007.	78091

Section 209.78.09. SMALL TOWNSHIP AND VILLAGE RELIEF FUND

78092

(A) The Small Township and Village Relief Fund (Fund 089) is	78093
hereby created in the state treasury.	78094

(B)(1) Notwithstanding any other provision of law to the	78095
contrary, on July 1, 2005, or as soon as possible thereafter, the	78096
Director of Budget and Management shall transfer up to $3,500,000	78097
from the General Revenue Fund to the Small Township and Village	78098
Relief Fund.	78099

(2) Notwithstanding any other provision of law to the	78100
contrary, on July 1, 2006, or as soon as possible thereafter, the	78101
Director of Budget and Management shall transfer up to $6,500,000	78102
from the General Revenue Fund to the Small Township and Village	78103
Relief Fund.	78104

(C) The Small Township and Village Relief Fund shall be used	78105
to aid eligible small townships and villages in providing	78106
essential services to residents. The Tax Commissioner shall adopt	78107
rules and determine the distribution method of the Small Township	78108
And Village Relief Fund (Fund 089). The tax commissioner shall	78109
take into account when determining the method of distributing	78110
funds to eligible townships and villages the following factors:	78111

(1) Townships with a population under 20,000 individuals	78112
under the most recent estimated federal census figures.	78113

(2) Townships with average or median property values must be	78114
less than the state average or median property tax values.	78115

(3) Villages with a population under 5,000 individuals under	78116
the most recent estimated federal census figures.	78117

Section 209.81. SAN BOARD OF SANITARIAN REGISTRATION

78118

General Services Fund Group

78119

4K9	893-609	Operating Expenses	$	134,279	$	0	78120
TOTAL GSF General Services							78121
Fund Group			$	134,279	$	0	78122
TOTAL ALL BUDGET FUND GROUPS			$	134,279	$	0	78123

Section 209.84. OSB OHIO STATE SCHOOL FOR THE BLIND

78125

General Revenue Fund

78126

GRF	226-100	Personal Services	$	6,469,841	$	6,594,261	78127
GRF	226-200	Maintenance	$	704,162	$	704,162	78128
GRF	226-300	Equipment	$	113,289	$	113,289	78129
TOTAL GRF General Revenue Fund			$	7,287,292	$	7,411,712	78130

General Services Fund Group

78131

4H8	226-602	Education Reform Grants	$	21,620	$	21,620	78132
TOTAL GSF General Services							78133
Fund Group			$	21,620	$	21,620	78134

Federal Special Revenue Fund Group

78135

3P5	226-643	Medicaid Professional Services Reimbursement	$	180,000	$	210,000	78136
310	226-626	Coordinating Unit	$	1,639,000	$	1,639,000	78137
TOTAL FED Federal Special							78138
Revenue Fund Group			$	1,819,000	$	1,849,000	78139

State Special Revenue Fund Group

78140

4M5	226-601	Student Activity and Work Study	$	217,397	$	217,397	78141
TOTAL SSR State Special Revenue							78142
Fund Group			$	217,397	$	217,397	78143
TOTAL ALL BUDGET FUND GROUPS			$	9,345,309	$	9,499,729	78144

Section 209.87. OSD OHIO STATE SCHOOL FOR THE DEAF

78146

General Revenue Fund

78147

GRF	221-100	Personal Services	$	8,401,704	$	8,401,704	78148
GRF	221-200	Maintenance	$	1,032,751	$	1,032,751	78149
GRF	221-300	Equipment	$	222,500	$	222,500	78150
TOTAL GRF General Revenue Fund			$	9,656,955	$	9,656,955	78151

General Services Fund Group

78152

4M1	221-602	Education Reform Grants	$	27,575	$	27,575	78153
TOTAL GSF General Services							78154
Fund Group			$	27,575	$	27,575	78155

Federal Special Revenue Fund Group

78156

3AD	221-604	VREAL Ohio	$	1,000,000	$	1,000,000	78157
3R0	221-684	Medicaid Professional	$	35,000	$	35,000	78158
		Services Reimbursement					78159
3Y1	221-686	Early Childhood Grant	$	250,000	$	250,000	78160
311	221-625	Coordinating Unit	$	1,062,426	$	1,062,426	78161
TOTAL FED Federal Special							78162
Revenue Fund Group			$	2,347,426	$	2,347,426	78163

State Special Revenue Fund Group

78164

4M0	221-601	Educational Program	$	32,688	$	32,688	78165
		Expenses					78166
5H6	221-609	Even Start Fees & Gifts	$	59,800	$	59,800	78167
TOTAL SSR State Special Revenue							78168
Fund Group			$	92,488	$	92,488	78169
TOTAL ALL BUDGET FUND GROUPS			$	12,124,444	$	12,124,444	78170

EQUIPMENT

78171

Of the foregoing appropriation item 221-300, Equipment, up to	78172
$15,000 in fiscal year 2006 may be used by the Ohio School for the	78173
Deaf to purchase software for the documentation and tracking of	78174
students for increased accountability and data analysis for	78175
quality instruction.	78176

Section 209.90. SFC SCHOOL FACILITIES COMMISSION

78177

General Revenue Fund

78178

GRF	230-428	Lease Rental Payments	$	31,691,700	$	31,603,200	78179
GRF	230-908	Common Schools General Obligation Debt Service	$	188,724,700	$	224,911,500	78180
TOTAL GRF General Revenue Fund			$	220,416,400	$	256,514,700	78181

State Special Revenue Fund Group

78182

5E3	230-644	Operating Expenses	$	7,319,617	$	7,691,485	78183
TOTAL SSR State Special Revenue							78184
Fund Group			$	7,319,617	$	7,691,485	78185

Lottery Profits Education Fund Group

78186

020	230-620	Career-Tech School Building Assistance	$	2,000,000	$	2,000,000	78187
TOTAL LPE Lottery Profits							78188
Education Fund Group			$	2,000,000	$	2,000,000	78189
TOTAL ALL BUDGET FUND GROUPS			$	229,736,017	$	266,206,185	78190

Section 209.90.03. LEASE RENTAL PAYMENTS

78192

The foregoing appropriation item 230-428, Lease Rental	78193
Payments, shall be used to meet all payments at the times they are	78194
required to be made during the period from July 1, 2005, to June	78195
30, 2007, by the School Facilities Commission under leases and	78196
agreements made under section 3318.26 of the Revised Code, but	78197
limited to the aggregate amount of $63,294,900. Nothing in this	78198
act shall be deemed to contravene the obligation of the state to	78199
pay, without necessity for further appropriation, from the sources	78200
pledged thereto, the bond service charges on obligations issued	78201
under Chapter 3318. of the Revised Code.	78202

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

78203

The foregoing appropriation item 230-908, Common Schools	78204
General Obligation Debt Service, shall be used to pay all debt	78205
service and related financing costs at the times they are required	78206
to be made under sections 151.01 and 151.03 of the Revised Code	78207
during the period from July 1, 2005, to June 30, 2007. The Office	78208
of the Sinking Fund or the Director of Budget and Management shall	78209
effectuate the required payments by an intrastate transfer	78210
voucher.	78211

OPERATING EXPENSES

78212

The foregoing appropriation item 230-644, Operating Expenses,	78213
shall be used by the Ohio School Facilities Commission to carry	78214
out its responsibilities under this section and Chapter 3318. of	78215
the Revised Code.	78216

In both fiscal years 2006 and 2007, the Executive Director of	78217
the Ohio School Facilities Commission shall certify on a quarterly	78218
basis to the Director of Budget and Management the amount of cash	78219
from interest earnings to be transferred from the School Building	78220
Assistance Fund (Fund 032), the Public School Building Fund (Fund	78221
021), and the Educational Facilities Trust Fund (Fund N87) to the	78222
Ohio School Facilities Commission Fund (Fund 5E3). The amount	78223
transferred may not exceed investment earnings credited to the	78224
School Building Assistance Fund (Fund 032), less any amount	78225
required to be paid for federal arbitage rebate purposes.	78226

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

78227

At the request of the Executive Director of the Ohio School	78228
Facilities Commission, the Director of Budget and Management may	78229
cancel encumbrances for school district projects from a previous	78230
biennium if the district has not raised its local share of project	78231
costs within one year of receiving Controlling Board approval	78232
under section 3318.05 of the Revised Code. The Executive Director	78233
of the Ohio School Facilities Commission shall certify the amounts	78234
of the canceled encumbrances to the Director of Budget and	78235
Management on a quarterly basis. The amounts of the canceled	78236
encumbrances are hereby appropriated.	78237

Section 209.90.06. EXTREME ENVIRONMENTAL CONTAMINATION OF	78238
SCHOOL FACILITIES	78239

Notwithstanding any other provision of law to the contrary,	78240
the School Facilities Commission may provide assistance under the	78241
Exceptional Needs School Facilities Program established in section	78242
3318.37 of the Revised Code to any school district, and not	78243
exclusively to a school district in the lowest fifty per cent of	78244
adjusted valuation per pupil on the current ranking of school	78245
districts established under section 3317.02 of the Revised Code,	78246
for the purpose of the relocation or replacement of school	78247
facilities required as a result of extreme environmental	78248
contamination.	78249

The School Facilities Commission shall contract with an	78250
independent environmental consultant to conduct a study and to	78251
report to the commission as to the seriousness of the	78252
environmental contamination, whether the contamination violates	78253
applicable state and federal standards, and whether the facilities	78254
are no longer suitable for use as school facilities. The	78255
commission then shall make a determination regarding funding for	78256
the relocation or replacement of the school facilities. If the	78257
federal government or other public or private entity provides	78258
funds for restitution of costs incurred by the state or school	78259
district in the relocation or replacement of the school	78260
facilities, the school district shall use such funds in excess of	78261
the school district's share to refund the state for the state's	78262
contribution to the environmental contamination portion of the	78263
project. The school district may apply an amount of such	78264
restitution funds up to an amount equal to the school district's	78265
portion of the project, as defined by the commission, toward	78266
paying its portion of that project to reduce the amount of bonds	78267
the school district otherwise must issue to receive state	78268
assistance under sections 3318.01 to 3318.20 of the Revised Code.	78269

Section 209.90.09. CANTON CITY SCHOOL DISTRICT PROJECT

78270

(A) The Ohio School Facilities Commission may commit up to	78271
thirty-five million dollars to the Canton City School District for	78272
construction of a facility described in this section, in lieu of a	78273
high school that would otherwise be authorized under Chapter 3318.	78274
of the Revised Code. The Commission shall not commit funds under	78275
this section unless all of the following conditions are met:	78276

(1) The District has entered into a cooperative agreement	78277
with a state-assisted technical college.	78278

(2) The District has received an irrevocable commitment of	78279
additional funding from nonpublic sources.	78280

(3) The facility is intended to serve both secondary and	78281
postsecondary instructional purposes.	78282

(B) The Commission shall enter into an agreement with the	78283
District for the construction of the facility authorized under	78284
this section that is separate from and in addition to the	78285
agreement required for the District's participation in the	78286
Classroom Facilities Assistance Program under section 3318.08 of	78287
the Revised Code. Notwithstanding that section and sections	78288
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	78289
agreement shall provide, but not be limited to, the following:	78290

(1) The Commission shall not have any oversight	78291
responsibilities over the construction of the facility.	78292

(2) The facility need not comply with the specifications for	78293
plans and materials for high schools adopted by the Commission.	78294

(3) The Commission may decrease the basic project cost that	78295
would otherwise be calculated for a high school under Chapter	78296
3318. of the Revised Code.	78297

(4) The state shall not share in any increases in the basic	78298
project cost for the facility above the amount authorized under	78299
this section.	78300

All other provisions of Chapter 3318. of the Revised Code	78301
apply to the approval and construction of a facility authorized	78302
under this section.	78303

The state funds committed to the facility authorized by this	78304
section shall be part of the total amount the state commits to the	78305
Canton City School District under Chapter 3318. of the Revised	78306
Code. All additional state funds committed to the Canton City	78307
School District for classroom facilities assistance shall be	78308
subject to all provisions of Chapter 3318. of the Revised Code.	78309

Section 209.93. SOS SECRETARY OF STATE

78310

General Revenue Fund

78311

GRF	050-321	Operating Expenses	$	2,585,000	$	2,585,000	78312
GRF	050-403	Election Statistics	$	103,936	$	103,936	78313
GRF	050-407	Pollworkers Training	$	277,977	$	277,977	78314
GRF	050-409	Litigation Expenditures	$	4,652	$	4,652	78315
TOTAL GRF General Revenue Fund			$	2,971,585	$	2,971,585	78316

General Services Fund Group

78317

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	78318
412	050-609	Notary Commission	$	685,250	$	685,249	78319
413	050-601	Information Systems	$	169,955	$	169,955	78320
414	050-602	Citizen Education Fund	$	75,700	$	55,712	78321
TOTAL General Services Fund Group			$	938,105	$	918,116	78322

Federal Special Revenue Fund Group

78323

3AS	050-616	2005 HAVA Voting Machines	$	37,436,203	$	0	78324
3X4	050-612	Ohio Center/Law Related Educational Grant	$	41,000	$	41,000	78325
TOTAL FED Federal Special Revenue							78326
Fund Group			$	37,477,203	$	41,000	78327

State Special Revenue Fund Group

78328

5N9	050-607	Technology Improvements	$	129,565	$	129,565	78329
599	050-603	Business Services Operating Expenses	$	13,741,745	$	13,761,734	78330
TOTAL SSR State Special Revenue							78331
Fund Group			$	13,871,310	$	13,891,299	78332

Holding Account Redistribution Fund Group

78333

R01	050-605	Uniform Commercial Code Refunds	$	65,000	$	65,000	78334
R02	050-606	Corporate/Business Filing Refunds	$	100,000	$	100,000	78335
TOTAL 090 Holding Account							78336
Redistribution Fund Group			$	165,000	$	165,000	78337
TOTAL ALL BUDGET FUND GROUPS			$	55,423,203	$	17,987,000	78338

BOARD OF VOTING MACHINE EXAMINERS

78339

The foregoing appropriation item 050-610, Board of Voting	78340
Machine Examiners, shall be used to pay for the services and	78341
expenses of the members of the Board of Voting Machine Examiners,	78342
and for other expenses that are authorized to be paid from the	78343
Board of Voting Machine Examiners Fund, which is created in	78344
section 3506.05 of the Revised Code. Moneys not used shall be	78345
returned to the person or entity submitting the equipment for	78346
examination. If it is determined that additional appropriations	78347
are necessary, such amounts are appropriated.	78348

HOLDING ACCOUNT REDISTRIBUTION GROUP

78349

The foregoing appropriation items 050-605 and 050-606,	78350
Holding Account Redistribution Fund Group, shall be used to hold	78351
revenues until they are directed to the appropriate accounts or	78352
until they are refunded. If it is determined that additional	78353
appropriations are necessary, such amounts are appropriated.	78354

Section 209.96. SEN THE OHIO SENATE

78355

General Revenue Fund

78356

GRF	020-321		Operating Expenses		$	11,546,357		$	11,661,821		78357
TOTAL GRF General Revenue Fund					$	11,546,357		$	11,661,821		78358

General Services Fund Group

78359

102	020-602	Senate Reimbursement	$	444,025	$	444,025	78360
409	020-601	Miscellaneous Sales	$	34,155	$	34,155	78361
TOTAL GSF General Services							78362
Fund Group			$	478,180	$	478,180	78363
TOTAL ALL BUDGET FUND GROUPS			$	12,024,537	$	12,140,001	78364

OPERATING EXPENSES

78365

On July 1, 2005, or as soon as possible thereafter, the Clerk	78366
of the Senate shall certify to the Director of Budget and	78367
Management the total fiscal year 2005 unencumbered appropriations	78368
in appropriation item 020-321, Operating Expenses. The Clerk may	78369
direct the Director of Budget and Management to transfer an amount	78370
not to exceed the total fiscal year 2005 unencumbered	78371
appropriations to fiscal year 2006 for use within appropriation	78372
item 020-321, Operating Expenses. Additional appropriation	78373
authority equal to the amount certified by the Clerk is hereby	78374
appropriated to appropriation item 020-321, Operating Expenses, in	78375
fiscal year 2006.	78376

On July 1, 2006, or as soon as possible thereafter, the Clerk	78377
of the Senate shall certify to the Director of Budget and	78378
Management the total fiscal year 2006 unencumbered appropriations	78379
in appropriation item 020-321, Operating Expenses. The Clerk may	78380
direct the Director of Budget and Management to transfer an amount	78381
not to exceed the total fiscal year 2006 unencumbered	78382
appropriations to fiscal year 2007 for use within appropriation	78383
item 020-321, Operating Expenses. Additional appropriation	78384
authority equal to the amount certified by the Clerk is hereby	78385
appropriated to appropriation item 020-321, Operating Expenses, in	78386
fiscal year 2007.	78387

Section 209.99. CSF COMMISSIONERS OF THE SINKING FUND

78388

Debt Service Fund Group

78389

072	155-902	Highway Capital Improvements Bond Retirement Fund	$	180,620,600	$	196,464,900	78390
073	155-903	Natural Resources Bond Retirement Fund	$	26,166,000	$	24,659,100	78391
074	155-904	Conservation Projects Bond Service Fund	$	14,687,300	$	17,668,800	78392
076	155-906	Coal Research and Development Bond Retirement Fund	$	7,071,100	$	8,980,800	78393
077	155-907	State Capital Improvements Bond Retirement Fund	$	163,131,400	$	174,545,100	78394
078	155-908	Common Schools Bond Retirement Fund	$	200,724,700	$	236,911,500	78395
079	155-909	Higher Education Bond Retirement Fund	$	140,600,300	$	158,114,100	78396
TOTAL DSF Debt Service Fund Group			$	733,001,400	$	817,344,300	78397
TOTAL ALL BUDGET FUND GROUPS			$	733,001,400	$	817,344,300	78398

ADDITIONAL APPROPRIATIONS

78399

Appropriation items in this section are for the purpose of	78400
paying debt service and financing costs on bonds or notes of the	78401
state issued under the Ohio Constitution and acts of the General	78402
Assembly. If it is determined that additional appropriations are	78403
necessary for this purpose, such amounts are appropriated.	78404

COMMISSIONER OF THE SINKING FUND HIGHWAY BOND TRANSFER	78405
AUTHORIZATION	78406

Notwithstanding any other provision of law to the contrary,	78407
the Commissioners of the Sinking Fund shall certify to the	78408
Director of Budget and Management, and the director shall then	78409
transfer, the cash balance remaining after provision for the	78410
payment of all outstanding bonds, notes, coupons, and charges from	78411
the Highway Obligation Bond Retirement Fund (Fund 071) to the	78412
Highway Capital Improvements Bond Service Fund (Fund 072), created	78413
by section 151.06 of the Revised Code, as expeditiously as	78414
possible after the effective date of this section.	78415

Section 212.03. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	78416
AUDIOLOGY	78417

General Services Fund Group

78418

4K9	886-609	Operating Expenses	$	408,864	$	0	78419
TOTAL GSF General Services							78420
Fund Group			$	408,864	$	0	78421
TOTAL ALL BUDGET FUND GROUPS			$	408,864	$	0	78422

Section 212.06. BTA BOARD OF TAX APPEALS

78424

General Revenue Fund

78425

GRF	116-321	Operating Expenses	$	2,155,055	$	2,211,035	78426
TOTAL GRF General Revenue Fund			$	2,155,055	$	2,211,035	78427
TOTAL ALL BUDGET FUND GROUPS			$	2,155,055	$	2,211,035	78428

Section 212.09. TAX DEPARTMENT OF TAXATION

78430

General Revenue Fund

78431

GRF	110-321	Operating Expenses	$	91,439,754	$	91,439,754	78432
GRF	110-412	Child Support Administration	$	71,988	$	71,988	78433
GRF	110-901	Property Tax Allocation - Taxation	$	430,102,680	$	409,946,241	78434
GRF	110-906	Tangible Tax Exemption - Taxation	$	18,355,923	$	13,766,942	78435
TOTAL GRF General Revenue Fund			$	539,970,345	$	515,224,925	78436

Agency Fund Group

78437

095	110-901	Municipal Income Tax	$	21,000,000	$	21,000,000	78438
425	110-635	Tax Refunds	$	1,483,900,000	$	1,582,700,000	78439
TOTAL AGY Agency Fund Group			$	1,504,900,000	$	1,603,700,000	78440

General Services Fund Group

78441

228	110-628	Tax Reform System Implementation	$	7,000,000	$	7,000,000	78442
433	110-602	Tape File Account	$	96,165	$	96,165	78443
5BW	110-630	Tax Amnesty Promotion and Administration	$	2,000,000	$	0	78444
5W4	110-625	Centralized Tax Filing and Payment	$	2,500,000	$	2,000,000	78445
5W7	110-627	Exempt Facility Administration	$	36,000	$	36,000	78446
TOTAL GSF General Services							78447
Fund Group			$	11,632,165	$	9,132,165	78448

Federal Special Revenue Fund Group

78449

3J6	110-601	Motor Fuel Compliance	$	25,000	$	25,000	78450
TOTAL FED Federal Special Revenue							78451
Fund Group			$	25,000	$	25,000	78452

State Special Revenue Fund Group

78453

4C6	110-616	International Registration Plan	$	706,855	$	706,855	78454
4R6	110-610	Tire Tax Administration	$	65,000	$	65,000	78455
435	110-607	Local Tax Administration	$	15,880,987	$	16,394,879	78456
436	110-608	Motor Vehicle Audit	$	1,350,000	$	1,350,000	78457
437	110-606	Litter Tax and Natural Resource Tax Administration	$	625,232	$	625,232	78458
438	110-609	School District Income Tax	$	2,599,999	$	2,599,999	78459
5BQ	110-629	Commercial Activity Tax Administration	$	6,000,000	$	500,000	78460
5N5	110-605	Municipal Income Tax Administration	$	265,000	$	265,000	78461
5N6	110-618	Kilowatt Hour Tax Administration	$	85,000	$	85,000	78462
5V7	110-622	Motor Fuel Tax Administration	$	4,268,345	$	4,397,263	78463
5V8	110-623	Property Tax Administration	$	12,758,643	$	12,967,102	78464
639	110-614	Cigarette Tax Enforcement	$	168,925	$	168,925	78465
642	110-613	Ohio Political Party Distributions	$	600,000	$	600,000	78466
688	110-615	Local Excise Tax Administration	$	300,000	$	300,000	78467
TOTAL SSR State Special Revenue							78468
Fund Group			$	45,673,986	$	41,025,255	78469

Holding Account Redistribution Fund Group

78470

R10	110-611	Tax Distributions	$	50,000	$	50,000	78471
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	78472
TOTAL 090 Holding Account							78473
Redistribution Fund Group			$	100,000	$	100,000	78474
TOTAL ALL BUDGET FUND GROUPS			$	2,102,301,496	$	2,169,207,345	78475

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	78476
EXEMPTION	78477

The foregoing appropriation item 110-901, Property Tax	78478
Allocation - Taxation, is hereby appropriated to pay for the	78479
state's costs incurred because of the Homestead Exemption, the	78480
Manufactured Home Property Tax Rollback, and the Property Tax	78481
Rollback. The Tax Commissioner shall distribute these funds	78482
directly to the appropriate local taxing districts, except for	78483
school districts, notwithstanding the provisions in sections	78484
321.24 and 323.156 of the Revised Code, which provide for payment	78485
of the Homestead Exemption, the Manufactured Home Property Tax	78486
Rollback, and Property Tax Rollback by the Tax Commissioner to the	78487
appropriate county treasurer and the subsequent redistribution of	78488
these funds to the appropriate local taxing districts by the	78489
county auditor.	78490

The foregoing appropriation item 110-906, Tangible Tax	78491
Exemption - Taxation, is hereby appropriated to pay for the	78492
state's costs incurred because of the tangible personal property	78493
tax exemption required by division (C)(3) of section 5709.01 of	78494
the Revised Code. The Tax Commissioner shall distribute to each	78495
county treasurer the total amount appearing in the notification	78496
from the county treasurer under division (G) of section 321.24 of	78497
the Revised Code for all local taxing districts located in the	78498
county except for school districts, notwithstanding the provision	78499
in section 321.24 of the Revised Code which provides for payment	78500
of the $10,000 tangible personal property tax exemption by the Tax	78501
Commissioner to the appropriate county treasurer for all local	78502
taxing districts located in the county including school districts.	78503
The county auditor shall distribute the amount paid by the Tax	78504
Commissioner among the appropriate local taxing districts except	78505
for school districts under division (G) of section 321.24 of the	78506
Revised Code.	78507

Upon receipt of these amounts, each local taxing district	78508
shall distribute the amount among the proper funds as if it had	78509
been paid as real or tangible personal property taxes. Payments	78510
for the costs of administration shall continue to be paid to the	78511
county treasurer and county auditor as provided for in sections	78512
319.54, 321.26, and 323.156 of the Revised Code.	78513

Any sums, in addition to the amounts specifically	78514
appropriated in appropriation items 110-901, Property Tax	78515
Allocation - Taxation, for the Homestead Exemption, the	78516
Manufactured Home Property Tax Rollback, and the Property Tax	78517
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	78518
for the $10,000 tangible personal property tax exemption payments,	78519
which are determined to be necessary for these purposes, are	78520
hereby appropriated.	78521

MUNICIPAL INCOME TAX

78522

The foregoing appropriation item 110-901, Municipal Income	78523
Tax, shall be used to make payments to municipal corporations	78524
under section 5745.05 of the Revised Code. If it is determined	78525
that additional appropriations are necessary to make these	78526
payments, such amounts are hereby appropriated.	78527

TAX REFUNDS

78528

The foregoing appropriation item 110-635, Tax Refunds, shall	78529
be used to pay refunds under section 5703.052 of the Revised Code.	78530
If it is determined that additional appropriations are necessary	78531
for this purpose, such amounts are hereby appropriated.	78532

TAX REFORM SYSTEM IMPLEMENTATION FUND

78533

Notwithstanding section 3734.9010, division (B)(2)(c) of	78534
section 4505.09, division (B) of section 5703.12, section 5703.80,	78535
division (C)(6) of section 5727.81, sections 5733.122 and	78536
5735.053, division (C) of section 5739.21, section 5745.03,	78537
division (C) of section 5747.03, and section 5747.113 of the	78538
Revised Code and any other statutory provision to the contrary,	78539
any residual cash balances determined and certified by the Tax	78540
Commissioner to the Director of Budget and Management shall be	78541
transferred on July 1, 2005, or as soon as possible thereafter, to	78542
the Tax Reform System Implementation Fund (Fund 228), which is	78543
hereby created in the State Treasury. The fund shall be used to	78544
pay expenses incurred by the Department of Taxation in providing	78545
an integrated tax system that will accommodate the needs of tax	78546
reform and allow for improved customer service, processing	78547
efficiency, compliance enforcement, and reporting.	78548

INTERNATIONAL REGISTRATION PLAN AUDIT

78549

The foregoing appropriation item 110-616, International	78550
Registration Plan, shall be used under section 5703.12 of the	78551
Revised Code for audits of persons with vehicles registered under	78552
the International Registration Plan.	78553

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

78554

Of the foregoing appropriation item 110-607, Local Tax	78555
Administration, the Tax Commissioner may disburse funds, if	78556
available, for the purposes of paying travel expenses incurred by	78557
members of Ohio's delegation to the Streamlined Sales Tax Project,	78558
as appointed under section 5740.02 of the Revised Code. Any travel	78559
expense reimbursement paid for by the Department of Taxation shall	78560
be done in accordance with applicable state laws and guidelines.	78561

LITTER CONTROL TAX ADMINISTRATION FUND

78562

Notwithstanding section 5733.12 of the Revised Code, during	78563
the period from July 1, 2005, to June 30, 2006, the amount of	78564
$625,232, and during the period from July 1, 2006, to June 30,	78565
2007, the amount of $625,232, received by the Tax Commissioner	78566
under Chapter 5733. of the Revised Code, shall be credited to the	78567
Litter Control Tax Administration Fund (Fund 437).	78568

TAX AMNESTY PROMOTION AND ADMINISTRATION

78569

The foregoing appropriation item 110-630, Tax Amnesty	78570
Promotion and Administration, shall be used to pay expenses	78571
incurred to promote and administer the tax amnesty program run	78572
from November 1, 2005, through December 15, 2005, by the	78573
Department of Taxation. The Department of Taxation and Attorney	78574
General's Office shall work in close collaboration on promotion	78575
activities in relation to the Tax Amnesty Promotion and	78576
Administration program.	78577

CENTRALIZED TAX FILING AND PAYMENT FUND

78578

The Director of Budget and Management, under a plan submitted	78579
by the Tax Commissioner, or as otherwise determined by the	78580
Director of Budget and Management, shall set a schedule to	78581
transfer cash from the General Revenue Fund to the credit of the	78582
Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers	78583
of cash shall not exceed $4,500,000 in the biennium.	78584

COMMERCIAL ACTIVITY TAX ADMINISTRATION

78585

The foregoing appropriation item 110-629, Commercial Activity	78586
Tax Administration, shall be used to pay expenses incurred by the	78587
Department of Taxation to implement and administer the Commercial	78588
Activity Tax under Chapter 5751. of the Revised Code.	78589

Section 212.12. DOT DEPARTMENT OF TRANSPORTATION

78590

Transportation Modes

78591

General Revenue Fund

78592

GRF	775-451	Public Transportation - State	$	16,300,000	$	16,300,000	78593
GRF	776-465	Ohio Rail Development Commission	$	2,700,000	$	2,700,000	78594
GRF	776-466	Railroad Crossing/Grade Separation	$	789,600	$	789,600	78595
GRF	777-471	Airport Improvements - State	$	1,793,985	$	1,793,985	78596
GRF	777-473	Rickenbacker Lease Payments - State	$	594,500	$	320,300	78597
TOTAL GRF General Revenue Fund			$	22,178,085	$	21,903,885	78598

Federal Special Revenue Fund Group

78599

3B9	776-662	Rail Transportation - Federal	$	10,000	$	10,000	78600
TOTAL FSR Federal Special Revenue							78601
Fund Group			$	10,000	$	10,000	78602

State Special Revenue Fund Group

78603

4N4	776-663	Panhandle Lease Reserve Payments	$	764,400	$	764,400	78604
4N4	776-664	Rail Transportation - Other	$	2,111,500	$	2,111,500	78605
5W9	777-615	County Airport Maintenance Assistance	$	570,000	$	570,000	78606
TOTAL SSR State Special Revenue							78607
Fund Group			$	3,445,900	$	3,445,900	78608
TOTAL ALL BUDGET FUND GROUPS			$	25,633,985	$	25,359,785	78609

ELDERLY AND DISABLED FARE ASSISTANCE

78610

Of the foregoing appropriation item 775-451, Public	78611
Transportation - State, up to $6,000,000 in fiscal year 2006 and	78612
$7,000,000 in fiscal year 2007 may be used to make grants to	78613
county transit boards, regional transit authorities, regional	78614
transit commissions, counties, municipal corporations, and private	78615
nonprofit organizations that operate or will operate public	78616
transportation systems, for the purpose of reducing the transit	78617
fares of elderly or disabled persons. The Director of	78618
Transportation shall establish criteria for the distribution of	78619
these grants under division (B) of section 5501.07 of the Revised	78620
Code.	78621

AVIATION LEASE PAYMENTS

78622

The foregoing appropriation item 777-473, Rickenbacker Lease	78623
Payments - State, shall be used to meet scheduled payments for the	78624
Rickenbacker Port Authority. The Director of Transportation shall	78625
certify to the Director of Budget and Management any	78626
appropriations in appropriation item 777-473, Rickenbacker Lease	78627
Payments - State, that are not needed to make lease payments for	78628
the Rickenbacker Port Authority. Notwithstanding section 127.14 of	78629
the Revised Code, the amount certified may be transferred by the	78630
Director of Budget and Management to appropriation item 777-471,	78631
Airport Improvements - State.	78632

Section 212.15. TOS TREASURER OF STATE

78633

General Revenue Fund

78634

GRF	090-321	Operating Expenses	$	9,041,937	$	9,041,937	78635
GRF	090-401	Office of the Sinking	$	521,576	$	521,576	78636
		Fund					78637
GRF	090-402	Continuing Education	$	435,770	$	435,770	78638
GRF	090-524	Police and Fire	$	25,000	$	20,000	78639
		Disability Pension Fund					78640
GRF	090-534	Police & Fire Ad Hoc Cost	$	180,000	$	150,000	78641
		of Living					78642
GRF	090-554	Police and Fire Survivor	$	1,100,000	$	1,000,000	78643
		Benefits					78644
GRF	090-575	Police and Fire Death	$	20,000,000	$	20,000,000	78645
		Benefits					78646
TOTAL GRF General Revenue Fund			$	31,304,283	$	31,169,283	78647

Agency Fund Group

78648

425	090-635		Tax Refunds		$	31,000,000		$	31,000,000		78649
TOTAL Agency Fund Group					$	31,000,000		$	31,000,000		78650

General Services Fund Group

78651

4E9	090-603	Securities Lending Income	$	2,721,800	$	2,814,000	78652
577	090-605	Investment Pool	$	550,000	$	550,000	78653
		Reimbursement					78654
605	090-609	Treasurer of State	$	700,000	$	700,000	78655
		Administrative Fund					78656
TOTAL GSF General Services							78657
Fund Group			$	3,971,800	$	4,064,000	78658

State Special Revenue Fund Group

78659

5C5	090-602	County Treasurer Education	$	135,000	$	135,000	78660
TOTAL SSR State Special Revenue							78661
Fund Group			$	135,000	$	135,000	78662
TOTAL ALL BUDGET FUND GROUPS			$	66,411,083	$	66,368,283	78663

Section 212.15.03. OFFICE OF THE SINKING FUND

78665

The foregoing appropriation item 090-401, Office of the	78666
Sinking Fund, shall be used for financing and other costs incurred	78667
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	78668
Public Facilities Commission or its secretary, or the Treasurer of	78669
State, with respect to State of Ohio general obligation bonds or	78670
notes, including, but not limited to, printing, advertising,	78671
delivery, rating fees and the procurement of ratings, professional	78672
publications, membership in professional organizations, and	78673
services referred to in division (D) of section 151.01 of the	78674
Revised Code. The General Revenue Fund shall be reimbursed for	78675
such costs by intrastate transfer voucher pursuant to a	78676
certification by the Office of the Sinking Fund of the actual	78677
amounts used. The amounts necessary to make such reimbursements	78678
are appropriated from the general obligation bond retirement funds	78679
created by the Constitution and laws to the extent such costs are	78680
incurred.	78681

POLICE AND FIRE DEATH BENEFIT FUND

78682

The foregoing appropriation item 090-575, Police and Fire	78683
Death Benefits, shall be disbursed annually by the Treasurer of	78684
State at the beginning of each fiscal year to the Board of	78685
Trustees of the Ohio Police and Fire Pension Fund. By the	78686
twentieth day of June of each fiscal year, the Board of Trustees	78687
of the Ohio Police and Fire Pension Fund shall certify to the	78688
Treasurer of State the amount disbursed in the current fiscal year	78689
to make the payments required by section 742.63 of the Revised	78690
Code and shall return to the Treasurer of State moneys received	78691
from this appropriation item but not disbursed.	78692

TAX REFUNDS

78693

The foregoing appropriation item 090-635, Tax Refunds, shall	78694
be used to pay refunds under section 5703.052 of the Revised Code.	78695
If the Director of Budget and Management determines that	78696
additional amounts are necessary for this purpose, such amounts	78697
are hereby appropriated.	78698

Section 212.18. UST PETROLEUM UNDERGROUND STORAGE TANK

78699

Agency Fund Group

78700

691	810-632	PUSTRCB Staff	$	1,075,158	$	1,116,658	78701
TOTAL AGY Agency Fund Group			$	1,075,158	$	1,116,658	78702
TOTAL ALL BUDGET FUND GROUPS			$	1,075,158	$	1,116,658	78703

Section 212.21. TTA OHIO TUITION TRUST AUTHORITY

78705

State Special Revenue Fund Group

78706

5AM	095-603	Index Savings Plan	$	2,866,240	$	3,104,865	78707
5P3	095-602	Variable College Savings Fund	$	2,042,486	$	2,118,568	78708
645	095-601	Operating Expenses	$	807,260	$	891,173	78709
TOTAL SSR State Special Revenue							78710
Fund Group			$	5,715,986	$	6,114,606	78711
TOTAL ALL BUDGET FUND GROUPS			$	5,715,986	$	6,114,606	78712

Section 212.24. OVH OHIO VETERANS' HOME

78714

General Revenue Fund

78715

GRF	430-100	Personal Services	$	19,685,007	$	19,989,167	78716
GRF	430-200	Maintenance	$	6,396,200	$	6,396,200	78717
TOTAL GRF General Revenue Fund			$	26,081,207	$	26,385,367	78718

General Services Fund Group

78719

484	430-603		Rental and Service Revenue		$	882,737		$	882,737		78720
TOTAL GSF General Services Fund Group					$	882,737		$	882,737		78721

Federal Special Revenue Fund Group

78722

3L2	430-601	Federal VA Per Diem Grant	$	14,990,510	$	15,290,320	78723
TOTAL FED Federal Special Revenue							78724
Fund Group			$	14,990,510	$	15,290,320	78725

State Special Revenue Fund Group

78726

4E2	430-602	Veterans Home Operating	$	8,322,731	$	8,530,800	78727
604	430-604	Veterans Home Improvement	$	770,096	$	770,096	78728
TOTAL SSR State Special Revenue							78729
Fund Group			$	9,092,827	$	9,300,896	78730
TOTAL ALL BUDGET FUND GROUPS			$	51,047,281	$	51,859,320	78731

Section 212.27. VET VETERANS' ORGANIZATIONS

78733

General Revenue Fund

78734

VAP AMERICAN EX-PRISONERS OF WAR

78735

GRF

743-501

State Support

25,030

78736

VAN ARMY AND NAVY UNION, USA, INC.

78737

GRF

746-501

State Support

55,012

78738

VKW KOREAN WAR VETERANS

78739

GRF

747-501

State Support

49,453

78740

VJW JEWISH WAR VETERANS

78741

GRF

748-501

State Support

29,715

78742

VCW CATHOLIC WAR VETERANS

78743

GRF

749-501

State Support

57,990

78744

VPH MILITARY ORDER OF THE PURPLE HEART

78745

GRF

750-501

State Support

56,377

78746

VVV VIETNAM VETERANS OF AMERICA

78747

GRF

751-501

State Support

185,954

78748

VAL AMERICAN LEGION OF OHIO

78749

GRF

752-501

State Support

252,328

78750

VII AMVETS

78751

GRF

753-501

State Support

237,919

78752

VAV DISABLED AMERICAN VETERANS

78753

GRF

754-501

State Support

166,308

78754

VMC MARINE CORPS LEAGUE

78755

GRF

756-501

State Support

85,972

78756

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

78757

GRF

757-501

State Support

5,946

78758

VFW VETERANS OF FOREIGN WARS

78759

GRF

758-501

State Support

196,615

78760

TOTAL GRF General Revenue Fund					$	1,404,619		$	1,404,619		78761
TOTAL ALL BUDGET FUND GROUPS					$	1,404,619		$	1,404,619		78762

RELEASE OF FUNDS

78763

The foregoing appropriation items 743-501, 746-501, 747-501,	78764
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	78765
756-501, 757-501, and 758-501, State Support, shall be released	78766
upon approval by the Director of Budget and Management.	78767

CENTRAL OHIO UNITED SERVICES ORGANIZATION

78768

Of the foregoing appropriation item 751-501, State Support,	78769
Vietnam Veterans of America, $50,000 in each fiscal year shall be	78770
used to support the activities of the Central Ohio USO.	78771

VETERANS SERVICE COMMISSION EDUCATION

78772

Of the foregoing appropriation item 753-501, State Support,	78773
AMVETS, up to $20,000 in each fiscal year may be used to provide	78774
moneys to the Association of County Veterans Service Commissioners	78775
to reimburse its member county veterans service commissions for	78776
costs incurred in carrying out educational and outreach duties	78777
required under divisions (E) and (F) of section 5901.03 of the	78778
Revised Code. The Director of Budget and Management shall release	78779
these funds upon the presentation of an itemized receipt, approved	78780
by the Governor's Office of Veterans Affairs, from the association	78781
for reasonable and appropriate expenses incurred while performing	78782
these duties. The association shall establish uniform procedures	78783
for reimbursing member commissions.	78784

Section 212.30. DVM STATE VETERINARY MEDICAL BOARD

78785

General Services Fund Group

78786

4K9	888-609	Operating Expenses	$	293,691	$	0	78787
5BU	888-602	Veterinary Student Loan Program	$	60,000	$	0	78788
TOTAL GSF General Services							78789
Fund Group			$	353,691	$	0	78790
TOTAL ALL BUDGET FUND GROUPS			$	353,691	$	0	78791

CASH TRANSFER TO VETERINARY STUDENT LOAN PROGRAM FUND (FUND	78792
5BU)	78793

On July 1, 2005, or as soon as possible thereafter, the	78794
Director of Budget and Management shall transfer $60,000 in cash	78795
from the Occupational Licensing and Regulatory Fund (Fund 4K9) to	78796
the Veterinary Student Loan Program Fund (Fund 5BU), which is	78797
hereby created. The amount of the transfer is hereby appropriated.	78798

VETERINARY STUDENT LOAN PROGRAM

78799

The foregoing appropriation item 888-602, Veterinary Student	78800
Loan Program, shall be used by the Veterinary Medical Licensing	78801
Board to implement a student loan repayment program for veterinary	78802
students focusing on large animal populations, public health, or	78803
regulatory veterinary medicine.	78804

Section 212.33. DYS DEPARTMENT OF YOUTH SERVICES

78805

General Revenue Fund

78806

GRF	470-401	RECLAIM Ohio	$	177,016,683	$	182,084,588	78807
GRF	470-412	Lease Rental Payments	$	20,267,500	$	21,882,700	78808
GRF	470-510	Youth Services	$	18,608,587	$	18,608,587	78809
GRF	472-321	Parole Operations	$	14,358,995	$	14,962,871	78810
GRF	477-321	Administrative Operations	$	14,239,494	$	14,754,420	78811
TOTAL GRF General Revenue Fund			$	244,491,259	$	252,293,166	78812

General Services Fund Group

78813

175	470-613	Education Reimbursement	$	10,112,529	$	9,450,598	78814
4A2	470-602	Child Support	$	320,641	$	328,657	78815
4G6	470-605	General Operational Funds	$	10,000	$	10,000	78816
479	470-609	Employee Food Service	$	141,466	$	137,666	78817
523	470-621	Wellness Program	$	46,937	$	0	78818
6A5	470-616	Building Demolition	$	31,100	$	0	78819
TOTAL GSF General Services							78820
Fund Group			$	10,662,673	$	9,926,921	78821

Federal Special Revenue Fund Group

78822

3V5	470-604	Juvenile Justice/Delinquency Prevention	$	4,254,745	$	4,254,746	78823
3W0	470-611	Federal Juvenile Programs FFY 02	$	222,507	$	0	78824
3Z8	470-625	Federal Juvenile Programs FFY 04	$	1,500,001	$	773,812	78825
3Z9	470-626	Federal Juvenile Programs FFY 05	$	465,000	$	0	78826
321	470-601	Education	$	1,422,580	$	1,465,399	78827
321	470-603	Juvenile Justice Prevention	$	1,981,169	$	2,006,505	78828
321	470-606	Nutrition	$	2,471,550	$	2,470,655	78829
321	470-614	Title IV-E Reimbursements	$	4,960,589	$	6,012,361	78830
321	470-617	Americorps Programs	$	456,000	$	463,700	78831
TOTAL FED Federal Special Revenue							78832
Fund Group			$	17,734,141	$	17,447,178	78833

State Special Revenue Fund Group

78834

147	470-612	Vocational Education	$	1,937,784	$	2,009,866	78835
4W3	470-618	Help Me Grow	$	11,000	$	11,000	78836
5BH	470-628	Partnerships for Success	$	1,500,000	$	1,500,000	78837
TOTAL SSR State Special Revenue							78838
Fund Group			$	3,448,784	$	3,520,866	78839
TOTAL ALL BUDGET FUND GROUPS			$	276,336,857	$	283,188,131	78840

RECLAIM OHIO

78841

Of the foregoing appropriation item 470-401, RECLAIM Ohio,	78842
$25,000 in each fiscal year shall be distributed directly to the	78843
Lighthouse Youth Services Wrap-Around Program.	78844

OHIO BUILDING AUTHORITY LEASE PAYMENTS

78845

The foregoing appropriation item 470-412, Lease Rental	78846
Payments, in the Department of Youth Services, shall be used for	78847
payments to the Ohio Building Authority for the period from July	78848
1, 2005, to June 30, 2007, under the primary leases and agreements	78849
for facilities made under Chapter 152. of the Revised Code, but	78850
limited to the aggregate amount of $42,150,200. This appropriation	78851
is the source of funds pledged for bond service charges on related	78852
obligations issued pursuant to Chapter 152. of the Revised Code.	78853

EDUCATION REIMBURSEMENT

78854

The foregoing appropriation item 470-613, Education	78855
Reimbursement, shall be used to fund the operating expenses of	78856
providing educational services to youth supervised by the	78857
Department of Youth Services. Operating expenses include, but are	78858
not limited to, teachers' salaries, maintenance costs, and	78859
educational equipment. This appropriation item may be used for	78860
capital expenses related to the education program.	78861

EMPLOYEE FOOD SERVICE AND EQUIPMENT

78862

Notwithstanding section 125.14 of the Revised Code, the	78863
foregoing appropriation item 470-609, Employee Food Service, may	78864
be used to purchase any food operational items with funds received	78865
into the fund from reimbursement for state surplus property.	78866

PARTNERSHIPS FOR SUCCESS

78867

In fiscal year 2006, the foregoing appropriation item	78868
470-628, Partnerships for Success, shall be used to support the	78869
Partnerships for Success Project. On or before January 1, 2007,	78870
the Director of Budget and Management shall transfer any amount of	78871
cash that remains unspent in the Partnerships for Success Fund	78872
(Fund 5BH) to the Children's Trust Fund (Fund 198).	78873

FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF	78874
CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES	78875

Any business relating to the funds associated with the Office	78876
of Criminal Justice Services' appropriation item 196-602, Criminal	78877
Justice Federal Programs, commenced but not completed by the	78878
Office of Criminal Justice Services or its director shall be	78879
completed by the Department of Youth Services or its director in	78880
the same manner, and with the same effect, as if completed by the	78881
Office of Criminal Justice Services or its director. No	78882
validation, cure, right, privilege, remedy, obligation, or	78883
liability is lost or impaired by reason of the transfer and shall	78884
be administered by the Department of Youth Services.	78885

Any action or proceeding against the Office of Criminal	78886
Justice Services pending on the effective date of this section	78887
shall not be affected by the transfer of responsibility to the	78888
Department of Youth Services, and shall be prosecuted or defended	78889
in the name of the Department of Youth Services or its director.	78890
In all such actions and proceedings, the Department of Youth	78891
Services or its director upon application of the court shall be	78892
substituted as party.	78893

Section 303.03. EXPENDITURES AND APPROPRIATION INCREASES	78894
APPROVED BY THE CONTROLLING BOARD	78895

Any money that the Controlling Board approves for expenditure	78896
or any increase in appropriation authority that the Controlling	78897
Board approves under sections 127.14, 131.35, and 131.39 of the	78898
Revised Code or any other provision of law is hereby appropriated	78899
for the period ending June 30, 2007.	78900

Section 303.06. PERSONAL SERVICE EXPENSES

78901

Unless otherwise prohibited by law, any appropriation from	78902
which personal service expenses are paid shall bear the employer's	78903
share of public employees' retirement, workers' compensation,	78904
disabled workers' relief, and all group insurance programs; the	78905
costs of centralized accounting, centralized payroll processing,	78906
and related personnel reports and services; the cost of the Office	78907
of Collective Bargaining; the cost of the Personnel Board of	78908
Review; the cost of the Employee Assistance Program; the cost of	78909
the affirmative action and equal employment opportunity programs	78910
administered by the Department of Administrative Services; the	78911
costs of interagency information management infrastructure; and	78912
the cost of administering the state employee merit system as	78913
required by section 124.07 of the Revised Code. These costs shall	78914
be determined in conformity with the appropriate sections of law	78915
and paid in accordance with procedures specified by the Office of	78916
Budget and Management. Expenditures from appropriation item	78917
070-601, Public Audit Expense - Local Government, in Fund 422 may	78918
be exempted from the requirements of this section.	78919

Section 303.09. RE-ISSUANCE OF VOIDED WARRANTS

78920

In order to provide funds for the reissuance of voided	78921
warrants under section 117.47 of the Revised Code, there is hereby	78922
appropriated, out of moneys in the state treasury from the fund	78923
credited as provided in section 117.47 of the Revised Code, that	78924
amount sufficient to pay such warrants when approved by the Office	78925
of Budget and Management.	78926

Section 303.12. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	78927
AGAINST THE STATE	78928

Except as otherwise provided in this section, an	78929
appropriation in this act or any other act may be used for the	78930
purpose of satisfying judgments, settlements, or administrative	78931
awards ordered or approved by the Court of Claims or by any other	78932
court of competent jurisdiction in connection with civil actions	78933
against the state. This authorization does not apply to	78934
appropriations to be applied to or used for payment of guarantees	78935
by or on behalf of the state, or for payments under lease	78936
agreements relating to, or debt service on, bonds, notes, or other	78937
obligations of the state. Notwithstanding any other statute to the	78938
contrary, this authorization includes appropriations from funds	78939
into which proceeds of direct obligations of the state are	78940
deposited only to the extent that the judgment, settlement, or	78941
administrative award is for, or represents, capital costs for	78942
which the appropriation may otherwise be used and is consistent	78943
with the purpose for which any related obligations were issued or	78944
entered into. Nothing contained in this section is intended to	78945
subject the state to suit in any forum in which it is not	78946
otherwise subject to suit, and is not intended to waive or	78947
compromise any defense or right available to the state in any suit	78948
against it.	78949

Section 303.13. CAPITAL PROJECT SETTLEMENTS

78950

This section specifies an additional and supplemental	78951
procedure to provide for payments of judgments and settlements if	78952
the Director of Budget and Management determines, pursuant to	78953
division (C)(4) of section 2743.19 of the Revised Code, that	78954
sufficient unencumbered moneys do not exist in the particular	78955
appropriation to pay the amount of a final judgment rendered	78956
against the state or a state agency, including the settlement of a	78957
claim approved by a court, in an action upon and arising out of a	78958
contractual obligation for the construction or improvement of a	78959
capital facility if the costs under the contract were payable in	78960
whole or in part from a state capital projects appropriation. In	78961
such a case, the director may either proceed pursuant to division	78962
(C)(4) of section 2743.19 of the Revised Code or apply to the	78963
Controlling Board to increase an appropriation or create an	78964
appropriation out of any unencumbered moneys in the state treasury	78965
to the credit of the capital projects fund from which the initial	78966
state appropriation was made. The Controlling Board may approve or	78967
disapprove the application as submitted or modified. The amount of	78968
an increase in appropriation or new appropriation specified in an	78969
application approved by the Controlling Board is hereby	78970
appropriated from the applicable capital projects fund and made	78971
available for the payment of the judgment or settlement.	78972

If the director does not make the application authorized by	78973
this section or the Controlling Board disapproves the application,	78974
and the director does not make application under division (C)(4)	78975
of section 2743.19 of the Revised Code, the director shall for the	78976
purpose of making that payment make a request to the General	78977
Assembly as provided for in division (C)(5) of that section.	78978

Section 303.18. INCOME TAX DISTRIBUTION TO COUNTIES

78979

There are hereby appropriated out of any moneys in the state	78980
treasury to the credit of the General Revenue Fund, which are not	78981
otherwise appropriated, funds sufficient to make any payment	78982
required by division (B)(2) of section 5747.03 of the Revised	78983
Code.	78984

Section 303.21. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	78985
BALANCES OF OPERATING APPROPRIATIONS	78986

An unexpended balance of an operating appropriation or	78987
reappropriation that a state agency lawfully encumbered prior to	78988
the close of a fiscal year is reappropriated on the first day of	78989
July of the following fiscal year from the fund from which it was	78990
originally appropriated or reappropriated for the following period	78991
and shall remain available only for the purpose of discharging the	78992
encumbrance:	78993

(A) For an encumbrance for personal services, maintenance,	78994
equipment, or items for resale, other than an encumbrance for an	78995
item of special order manufacture not available on term contract	78996
or in the open market or for reclamation of land or oil and gas	78997
wells for a period of not more than five months from the end of	78998
the fiscal year;	78999

(B) For an encumbrance for an item of special order	79000
manufacture not available on term contract or in the open market,	79001
for a period of not more than five months from the end of the	79002
fiscal year or, with the written approval of the Director of	79003
Budget and Management, for a period of not more than twelve months	79004
from the end of the fiscal year;	79005

(C) For an encumbrance for reclamation of land or oil and gas	79006
wells, for a period ending when the encumbered appropriation is	79007
expended or for a period of two years, whichever is less;	79008

(D) For an encumbrance for any other expense, for such period	79009
as the director approves, provided such period does not exceed two	79010
years.	79011

Any operating appropriations for which unexpended balances	79012
are reappropriated beyond a five-month period from the end of the	79013
fiscal year by division (B) of this section shall be reported to	79014
the Controlling Board by the Director of Budget and Management by	79015
the thirty-first day of December of each year. The report on each	79016
such item shall include the item, the cost of the item, and the	79017
name of the vendor. The report shall be updated on a quarterly	79018
basis for encumbrances remaining open.	79019

Upon the expiration of the reappropriation period set out in	79020
divisions (A), (B), (C), or (D) of this section, a reappropriation	79021
made by this section lapses, and the Director of Budget and	79022
Management shall cancel the encumbrance of the unexpended	79023
reappropriation not later than the end of the weekend following	79024
the expiration of the reappropriation period.	79025

Notwithstanding the preceding paragraph, with the approval of	79026
the Director of Budget and Management, an unexpended balance of an	79027
encumbrance that was reappropriated on the first day of July by	79028
this section for a period specified in division (C) or (D) of this	79029
section and that remains encumbered at the close of the fiscal	79030
biennium is hereby reappropriated on the first day of July of the	79031
following fiscal biennium from the fund from which it was	79032
originally appropriated or reappropriated for the applicable	79033
period specified in division (C) or (D) of this section and shall	79034
remain available only for the purpose of discharging the	79035
encumbrance.	79036

The Director of Budget and Management may correct accounting	79037
errors committed by the staff of the Office of Budget and	79038
Management, such as re-establishing encumbrances or appropriations	79039
cancelled in error, during the cancellation of operating	79040
encumbrances in November and of non-operating encumbrances in	79041
December.	79042

If the Controlling Board approved a purchase, that approval	79043
remains in effect so long as the appropriation used to make that	79044
purchase remains encumbered.	79045

Section 306.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

79046

The maximum amounts that may be assessed against nuclear	79047
electric utilities under division (B)(2) of section 4937.05 of the	79048
Revised Code are as follows:	79049

		FY 2006	FY 2007	79050
Department of Agriculture				79051
	Fund 4E4 Utility Radiological Safety	$73,059	$73,059	79052
Department of Health				79053
	Fund 610 Radiation Emergency Response	$850,000	850,000	79054
Environmental Protection Agency				79055
	Fund 644 ER Radiological Safety	$286,114	$286,114	79056
Emergency Management Agency				79057
	Fund 657 Utility Radiological Safety	$1,260,000	$1,260,000	79058

Section 312.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM	79059
NON-FEDERAL NON-GRF FUNDS	79060

Notwithstanding any other provision of law to the contrary,	79061
during fiscal years 2006 and 2007, the Director of Budget and	79062
Management is hereby authorized to transfer cash from non-federal,	79063
non-General Revenue Fund funds that are not constitutionally	79064
restricted to the General Revenue Fund. The total amount of cash	79065
transfers made pursuant to this section to the General Revenue	79066
Fund during fiscal years 2006 and 2007 shall not exceed	79067
$60,000,000.	79068

Section 312.06. TRANSFERS TO THE GENERAL REVENUE FUND OF	79069
INTEREST EARNED	79070

Notwithstanding any provision of Ohio law to the contrary,	79071
the Director of Budget and Management, through June 30, 2007, may	79072
transfer interest earned by any fund in the Central Accounting	79073
System to the General Revenue Fund. This section does not apply to	79074
funds whose source of revenue is restricted or protected by the	79075
Constitution of this state, federal tax law, or the "Cash	79076
Management Improvement Act of 1990" 104 Stat. 1058 (1990), 31	79077
U.S.C. 6501, et. seq., as amended.	79078

Section 312.09. BUDGET STABILIZATION FUND TRANSFERS

79079

(A) Notwithstanding any provision of law to the contrary,	79080
through June 30, 2007, if the Director of Budget and Management	79081
determines that the estimated ending fund balance of the General	79082
Revenue Fund will be greater than the amounts assumed in this act	79083
for either fiscal year 2006 or 2007, the Director may transfer up	79084
to the excess balance to the Budget Stabilization Fund. This	79085
division does not apply to division (A) of Section 206.66.21, TANF	79086
TRANSFERS, of this act.	79087

(B) Notwithstanding any provision of law to the contrary,	79088
through June 30, 2007, if the Director of Budget and Management	79089
determines that state revenue receipts and available fund balances	79090
in any fund other than the General Revenue Fund exceed estimated	79091
state expenditures, the Director may transfer up to the excess	79092
revenue to the Budget Stabilization Fund. This division does not	79093
apply to revenue restricted or protected by the Ohio Constitution,	79094
federal tax law or grant requirements, or the "Cash Management	79095
Improvement Act of 1990," 104 Stat. 1058 (1990), 31 U.S.C. 6501,	79096
et seq., as amended.	79097

(C) In executing division (A) of this section and division	79098
(A) of Section 206.66.21, TANF TRANSFERS, it is intended that	79099
these divisions be applied and construed so that both of the	79100
transfers authorized under these divisions may be made through	79101
June 30, 2007.	79102

(D) After making the transfers described in divisions (A) and	79103
(B) of this section, the Director of Budget and Management shall	79104
submit a report to the President of the Senate and the Speaker of	79105
the House of Representatives.	79106

Section 312.10. BUDGET STABILIZATION FUND TRANSFERS TO TAX	79107
AMNESTY PROGRAM	79108

Notwithstanding any provision of law to the contrary, through	79109
June 30, 2006, the Director of Budget and Management shall	79110
transfer a one-time payment in the amount of $2,000,000 from the	79111
Budget Stabilization Fund to appropriation item 110-630, Tax	79112
Amnesty Promotion and Administration (Fund 5BW), in the Department	79113
of Taxation. The funds shall be used to pay for expenses incurred	79114
in promoting and administering the tax amnesty program run by the	79115
Department of Taxation.	79116

After receiving the revenue receipts from the tax amnesty	79117
program, the Director of Budget and Management shall transfer the	79118
first $2,000,000 to the Budget Stabilization Fund, the next	79119
$10,000,000 to the General Revenue Fund, and the remaining excess	79120
fund balance to the Budget Stabilization Fund.	79121

Section 312.12. GRF TRANSFER TO FUND 5N4, OAKS PROJECT	79122
IMPLEMENTATION	79123

On July 1, 2005, or as soon thereafter as possible, the	79124
Director of Budget and Management shall transfer an amount not to	79125
exceed $675,000 in cash from the General Revenue Fund to Fund 5N4,	79126
OAKS Project Implementation. On July 1, 2006, or as soon	79127
thereafter as possible, the Director of Budget and Management	79128
shall transfer an amount not to exceed $675,000 in cash from the	79129
General Revenue Fund to Fund 5N4, OAKS Project Implementation.	79130

Section 312.15. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

79131

Not later than the first day of June in each year of the	79132
biennium, the Director of Budget and Management shall transfer	79133
$1,000,000 from the Corporate and Uniform Commercial Code Filing	79134
Fund to the General Revenue Fund.	79135

Section 312.18. GRF TRANSFER TO THE NATIONAL GUARD	79136
SCHOLARSHIP RESERVE FUND	79137

On July 1, 2005, or as soon as possible thereafter, the	79138
Director of Budget and Management shall transfer an amount equal	79139
to the unencumbered balance as of June 30, 2004, in appropriation	79140
item 235-599, National Guard Scholarship Fund, from the General	79141
Revenue Fund to the National Guard Scholarship Reserve Fund (Fund	79142
5BM).	79143

Section 312.21. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	79144
RE-ESTABLISHMENT OF ENCUMBRANCES	79145

Any cash transferred by the Director of Budget and Management	79146
under section 126.15 of the Revised Code is hereby appropriated.	79147
Any amounts necessary to re-establish appropriations or	79148
encumbrances under section 126.15 of the Revised Code are hereby	79149
appropriated.	79150

Section 312.24. TRANSFER FROM THE TOBACCO MASTER SETTLEMENT	79151
AGREEMENT FUND TO THE GENERAL REVENUE FUND	79152

Notwithstanding section 183.02 of the Revised Code, on July	79153
1, 2005, or as soon as possible thereafter, the Director of Budget	79154
and Management shall transfer $5,000,000 cash from the Tobacco	79155
Master Settlement Agreement Fund (Fund 087) to the General Revenue	79156
Fund. Of the tobacco revenue that is credited to the Tobacco	79157
Master Settlement Agreement Fund (Fund 087) in fiscal year 2005,	79158
the share that is determined pursuant to section 183.02 of the	79159
Revised Code to be the amount transferred by the Director of	79160
Budget and Management from the Tobacco Master Settlement Agreement	79161
Fund (Fund 087) to the Tobacco Use Prevention and Cessation Trust	79162
Fund (Fund H87) shall be reduced by the amount that is transferred	79163
from the Tobacco Master Settlement Agreement Fund (Fund 087) to	79164
the General Revenue Fund under this division.	79165

Section 312.27. Notwithstanding section 183.02 of the Revised	79166
Code, on July 1, 2005, or as soon as possible thereafter, the	79167
Director of Budget and Management shall transfer up to $5,000,000	79168
cash from the Tobacco Master Settlement Agreement Fund (Fund 087)	79169
to the Healthy Ohioans Initiative Fund (Fund 5BL in the Department	79170
of Health). Of the tobacco revenue that is credited to the Tobacco	79171
Master Settlement Agreement Fund (Fund 087) in fiscal year 2005,	79172
the share that is determined pursuant to section 183.02 of the	79173
Revised Code to be the amount transferred by the Director of	79174
Budget and Management from the Tobacco Master Settlement Agreement	79175
Fund (Fund 087) to the Tobacco Use Prevention and Cessation Trust	79176
Fund (Fund H87) shall be reduced by the amount that is transferred	79177
from the Tobacco Master Settlement Agreement Fund (Fund 087) to	79178
the Healthy Ohioians Initiative Fund (Fund 5BL) under this	79179
section.	79180

Section 315.03. CONSOLIDATION OF REGULATORY BOARDS

79181

(A) It is the intent of the General Assembly to consolidate	79182
the following health-related regulatory boards within the	79183
Department of Health not later than July 1, 2006:	79184

(1) The Chemical Dependency Professionals Board;

79185

(2) The Board of Chiropractic Examiners;

79186

(3) The Counselor, Social Worker, and Marriage and Family	79187
Therapist Board;	79188

(4) The Ohio Board of Dietetics;

79189

(5) The Ohio Occupational Therapy, Physical Therapy, and	79190
Athletic Trainers Board;	79191

(6) The Ohio Optical Dispensers Board;

79192

(7) The State Board of Optometry;

79193

(8) The State Board of Orthotics, Prosthetics, and	79194
Pedorthics;	79195

(9) The State Board of Psychology;

79196

(10) The Ohio Respiratory Care Board;

79197

(11) The Board of Speech-Language Pathology and Audiology;

79198

(12) The State Veterinary Medical Licensing Board.

79199

(B) It is the intent of the General Assembly to consolidate	79200
the following regulatory boards and commissions within the	79201
Department of Commerce not later than July 1, 2006:	79202

(1) The Ohio Athletic Commission;

79203

(2) The Barber Board;

79204

(3) The State Board of Cosmetology;

79205

(4) The Board of Embalmers and Funeral Directors;

79206

(5) The Manufactured Homes Commission;

79207

(6) The Board of Motor Vehicle Collision Repair Registration;

79208

(7) The State Board of Sanitarian Registration.

79209

(C) It is the intent of the General Assembly to consolidate	79210
the Ohio Medical Transportation Board within the Department of	79211
Public Safety not later than July 1, 2006.	79212

(D) The Director of Budget and Management and the Directors	79213
of Administrative Services, Commerce, Health, and Public Safety	79214
shall appoint representatives to a transition team.	79215

The transition team shall develop a plan to ensure the smooth	79216
and timely consolidation of the boards into the respective	79217
departments. The transition team shall address the details of the	79218
consolidations, identifying necessary statutory changes and	79219
working with the Office of Budget and Management to develop	79220
budgets for the respective departments and the consolidated boards	79221
and commissions. The transition team may recommend additional	79222
regulatory boards or commissions to be consolidated and may	79223
recommend modifications to the planned consolidations.	79224

The transition team shall submit a report containing	79225
recommendations and the details for the consolidations not later	79226
than December 31, 2005, to the Governor, the Speaker of the House	79227
of Representatives, and the President of the Senate. The report	79228
and recommendations shall address the following issues, and may	79229
address additional issues:	79230

(1) The necessary levels of funding;

79231

(2) The savings projected as a result of the consolidations;

79232

(3) The consolidation of activities between each board or	79233
commission and the department providing centralized services,	79234
including the role of the members of the board or commission and	79235
the role of the department;	79236

(4) The staffing levels needed, whether employees must be	79237
retained, and whether any employees retained have civil service	79238
status;	79239

(5) The continuation of the standards and procedures of the	79240
board or commission;	79241

(6) The continuation of rules and whether any rules need to	79242
be amended as a result of the consolidations;	79243

(7) The transfer of assets, liabilities, and contractual	79244
obligations;	79245

(8) The transfer of records and other materials pertaining to	79246
the board or commission.	79247

(E) It is the intent of the General Assembly to introduce a	79248
bill in fiscal year 2006 that will include the necessary statutory	79249
changes to effect the consolidations and that will include revised	79250
appropriations for the departments and the consolidated boards and	79251
commissions for fiscal year 2007.	79252

Section 315.03.03. EFFICIENCY STUDY TO CREATE REORGANIZATION	79253
PLAN FOR THE EXECUTIVE BRANCH OF THE STATE GOVERNMENT	79254

(A) Within thirty days after the effective date of this	79255
section, the Department of Administrative Services shall commence	79256
an efficiency study that is designed to create a plan for the	79257
reorganization of the executive branch of state government that	79258
will achieve minimum total savings of twenty per cent in the	79259
current budgeted administrative costs for agencies, departments,	79260
divisions, public bodies, and programs of the state that are	79261
proposed to be transferred to the provisional Department of	79262
Business Coordination, provisional Department of Education,	79263
provisional Department of Finance and Operations, provisional	79264
Department of Human Resource Development, provisional Department	79265
of Public Health, provisional Department of Public Safety,	79266
provisional Department of Resource Protection, and provisional	79267
Department of Transportation and Infrastructure, all as created by	79268
Section 315.03.06 of this act, and that will achieve minimum total	79269
savings of ten per cent in the current budgeted administrative	79270
costs for agencies, departments, divisions, public bodies, and	79271
programs of the state that are proposed to be transferred to the	79272
provisional Department of Community and Institutional	79273
Rehabilitation, as created by Section 315.03.06 of this act.	79274

(2) Agencies, departments, divisions, public bodies, and	79275
programs that are proposed to be transferred to a provisional	79276
department are transferred only for purposes of the efficiency	79277
study. This section and Section 315.03.06 of this act do not make	79278
nor intend to make any temporary or permanent structural changes	79279
to or in any such agency, department, division, public body, or	79280
program.	79281

(B) The Department of Administrative Services shall use the	79282
results of the efficiency study to develop a detailed	79283
reorganization plan, to further reorganize the provisional	79284
departments, to eliminate duplication of effort among the	79285
provisional departments, and to prepare a final report on the	79286
reorganization plan that shall be delivered by electronic means to	79287
the Governor, the Speaker of the House of Representatives, the	79288
President of the Senate, the Minority Leader of the House of	79289
Representatives, and the Minority Leader of the Senate, and posted	79290
on the Department's web site, not later than January 1, 2007.	79291

(C) The reorganization plan shall cover or include all of the	79292
following relating to the reorganization described in division (A)	79293
of this section:	79294

(1) Estimated costs;

79295

(2) Projected savings in real dollar amounts;

79296

(3) Projected improvements in service;

79297

(4) Anticipated effects on cost-sharing and management of	79298
federal grants;	79299

(5) Efficient citizen input into provisional department	79300
decisions;	79301

(6) Methods of ensuring accountability for results;

79302

(7) A proposed timetable for implementing the reorganization;

79303

(8) Any legislation that must be enacted to implement the	79304
reorganization.	79305

Section 315.03.06. SPECIFIC PROVISIONAL DEPARTMENT	79306
STRUCTURES	79307

For purposes of the efficiency study required by Section	79308
315.03.03 of this act, there is hereby created each of the	79309
following:	79310

(A) A provisional Department of Education that shall consist	79311
of the following divisions and be headed by the provisional	79312
Executive Director of Education:	79313

(1) A Division of Primary and Secondary Education, headed by	79314
the chief of the Division;	79315

(2) A Division of Higher Education for Four-Year Colleges and	79316
Universities, headed by the chief of the Division;	79317

(3) A Division of Higher Education for Two-Year Colleges,	79318
headed by the chief of the Division;	79319

(4) A Division of Education Finance, headed by the chief of	79320
the Division;	79321

(5) A Division of Education Technology, headed by the chief	79322
of the Division;	79323

(6) A Division of Cultural Resources, headed by the chief of	79324
the Division.	79325

(B) A provisional Department of Public Safety that shall	79326
consist of the following divisions and be headed by the	79327
provisional Executive Director of Public Safety:	79328

(1) A Division of Uniformed Services, headed by the chief of	79329
the Division;	79330

(2) A Division of Public Safety Services, headed by the chief	79331
of the Division;	79332

(3) A Division of Homeland Security and Emergency Management,	79333
headed by the chief of the Division;	79334

(4) A Division of Grants and Disbursements, headed by the	79335
chief of the Division;	79336

(5) A Division of Prevention and Enforcement, headed by the	79337
chief of the Division.	79338

(C) A provisional Department of Public Health that shall	79339
consist of the following divisions and be headed by the	79340
provisional Executive Director of Public Health:	79341

(1) A Division of Health and Well-Being, headed by the chief	79342
of the Division;	79343

(2) A Division of Community Care Support Services, headed by	79344
the chief of the Division;	79345

(3) A Division of Medicaid Services, headed by the chief of	79346
the Division;	79347

(4) A Division of Medical Professional and State Healthcare	79348
System Regulation, headed by the chief of the Division;	79349

(5) A Division of Veterans' Affairs, headed by the chief of	79350
the Division.	79351

(D) A provisional Department of Transportation and	79352
Infrastructure that shall consist of the following divisions and	79353
be headed by the provisional Executive Director of Transportation	79354
and Infrastructure:	79355

(1) A Division of System Maintenance, headed by the chief of	79356
the Division;	79357

(2) A Division of System Regulation, headed by the chief of	79358
the Division;	79359

(3) A Division of System Design and Construction, headed by	79360
the chief of the Division;	79361

(4) A Division of Public Transportation, headed by the chief	79362
of the Division;	79363

(5) A Division of Infrastructure Financing and Revenue	79364
Distribution, headed by the chief of the Division.	79365

(E) A provisional Department of Finance and Operations that	79366
shall consist of the following divisions and be headed by the	79367
provisional Executive Director of Finance and Operations:	79368

(1) A General Services Division, headed by the chief of the	79369
Division;	79370

(2) A Human Resources Division, headed by the chief of the	79371
Division;	79372

(3) A Facilities and Maintenance Division, headed by the	79373
chief of the Division;	79374

(4) An Information Technology Division, headed by the chief	79375
of the Division;	79376

(5) A Division of Financial Operations, headed by the chief	79377
of the Division;	79378

(6) A Division of Revenue Administration, headed by the chief	79379
of the Division.	79380

(F) A provisional Department of Human Resource Development	79381
that shall consist of the following divisions and be headed by the	79382
provisional Executive Director of Human Resource Development:	79383

(1) An Employment Services Division, headed by the chief of	79384
the Division;	79385

(2) A Rehabilitation Services Division, headed by the chief	79386
of the Division;	79387

(3) A Children and Family Services Division, headed by the	79388
chief of the Division;	79389

(4) A Human Rights Division, headed by the chief of the	79390
Division.	79391

(G) A provisional Department of Community and Institutional	79392
Rehabilitation that shall consist of the following divisions and	79393
be headed by the provisional Executive Director of Community and	79394
Institutional Rehabilitation:	79395

(1) A Division of Corrections Officer Administration, headed	79396
by the chief of the Division;	79397

(2) A Division of Correctional Support Services, headed by	79398
the chief of the Division;	79399

(3) A Division of Correctional Facilities Maintenance, headed	79400
by the chief of the Division;	79401

(4) A Division of Parole and Community Services, headed by	79402
the chief of the Division.	79403

(H) A provisional Department of Business Coordination that	79404
shall consist of the following divisions and be headed by the	79405
provisional Executive Director of Business Coordination:	79406

(1) A Division of Licensing and Coordination, headed by the	79407
chief of the Division;	79408

(2) A Division of Financial Institutions and Securities	79409
Coordination, headed by the chief of the Division;	79410

(3) A Division of Building and Real Estate Coordination,	79411
headed by the chief of the Division;	79412

(4) A Division of Insurance Coordination, headed by the chief	79413
of the Division.	79414

(I) A provisional Department of Resource Protection that	79415
shall consist of the following divisions and be headed by the	79416
provisional Executive Director of Resource Protection:	79417

(1) A Division of Land, headed by the chief of the Division;

79418

(2) A Waste and Water Division, headed by the chief of the	79419
Division;	79420

(3) A Resource Quality Assurance Division, headed by the	79421
chief of the Division;	79422

(4) A Division of Public Awareness, headed by the chief of	79423
the Division;	79424

(5) A Division of Grants and Disbursements, headed by the	79425
chief of the Division.	79426

Section 315.03.09. EXPIRATION OF PROVISIONAL DEPARTMENTS

79427

Sections 315.03.03 and 315.03.06 of this act shall expire on	79428
January 30, 2007.	79429

Section 315.06. CAREER-TECHNICAL SCHOOL BUILDING ASSISTANCE	79430
PROGRAM	79431

All materials, assets, liabilities, and records of the	79432
Department of Education, irrespective of form or medium, deemed	79433
necessary by the Ohio School Facilities Commission to implement	79434
sections 3318.47, 3318.48, and 3318.49 of the Revised Code shall	79435
be transferred to the Commission not later than one hundred twenty	79436
days after the effective date of this section, in accordance with	79437
a transition plan which shall be developed and approved by the	79438
Commission in consultation with the Department.	79439

All current and pending loans and appropriations,	79440
encumbrances, and funds related to the Career-Technical School	79441
Building Assistance Fund (Fund 020), deemed necessary by the	79442
Commission to implement section 3318.48 of the Revised Code, shall	79443
be transferred to the Commission not later than one hundred twenty	79444
days after the effective date of this section in accordance with	79445
the transition plan.	79446

Any business commenced but not completed by the Department on	79447
the effective date of this section relating to the implementation	79448
of section 3318.48 of the Revised Code and the functions	79449
transferred by this section shall continue to be administered by	79450
the Department for a period of one hundred twenty days after the	79451
effective date of this section or until the transition plan	79452
described in this section is approved by the Commission, whichever	79453
occurs first. The Department shall provide the Commission whatever	79454
administrative assistance the Commission requires during the	79455
period of transition, which assistance shall be specified in the	79456
transition plan described in this section.	79457

Wherever any law, contract, or other document refers to the	79458
Department, the State Board of Education, or the Superintendent of	79459
Public Instruction in regard to the implementation or	79460
administration of section 3318.48 of the Revised Code, the	79461
references shall be deemed to refer to the Commission or the	79462
Director of the Commission. No action or proceeding pending on the	79463
effective date of this section relating to the implementation or	79464
administration of Chapter 3318. of the Revised Code is affected by	79465
the transfer. In all such actions and proceedings, the Commission	79466
or the Director shall be substituted as a party upon application	79467
by the receiving entity to the court or other appropriate	79468
tribunal.	79469

Section 315.09. ELIMINATION OF THE OHIO EDUCATIONAL	79470
TELECOMMUNICATIONS NETWORK COMMISSION	79471

(A) Effective July 1, 2005, the Ohio Educational	79472
Telecommunications Network Commission is abolished and, subject to	79473
the recommendations of any task force appointed by the Governor to	79474
consider issues of administrative reorganization and approved by	79475
the Governor, its functions, assets, and liabilities, including	79476
but not limited to vehicles and equipment assigned to employees of	79477
the Commission and records of the Commission regardless of form or	79478
medium, are transferred to the agency designated by the Governor.	79479
The agency is thereupon and thereafter successor to, assumes the	79480
obligations of, and otherwise constitutes the continuation of the	79481
Ohio Educational Telecommunications Network Commission. The	79482
functions of the Executive Director of the Commission are	79483
thereupon and thereafter transferred to the chief administrator of	79484
the agency designated by the Governor.	79485

Any business commenced but not completed by the Ohio	79486
Educational Telecommunications Network Commission or the Executive	79487
Director of the Commission on July 1, 2005, shall be completed by	79488
the agency designated by the Governor or the chief administrator	79489
of that agency, respectively, in the same manner, and with the	79490
same effect, as if completed by the Ohio Educational	79491
Telecommunications Network Commission or the Executive Director of	79492
the Commission. No validation, cure, right, privilege, remedy,	79493
obligation, or liability is lost or impaired by reason of the	79494
transfer required under this section and shall be administered by	79495
the agency designated by the Governor. All of the Ohio Educational	79496
Telecommunications Network Commission's rules, orders, and	79497
determinations continue in effect as rules, orders, and	79498
determinations of the agency designated by the Governor, until	79499
modified or rescinded by that agency. If necessary to ensure the	79500
integrity of the Administrative Code, the Director of the	79501
Legislative Service Commission shall renumber the Ohio Educational	79502
Telecommunications Network Commission's rules to reflect their	79503
transfer to the agency designated by the Governor.	79504

(B) Employees of the Ohio Educational Telecommunications	79505
Network Commission shall be transferred to the agency designated	79506
by the Governor or dismissed in accordance with recommendations	79507
approved by the Governor under division (A) of this section.	79508
Subject to lay-off provisions of sections 124.321 to 124.328 of	79509
the Revised Code, and any applicable collective bargaining	79510
agreement entered into under Chapter 4117. of the Revised Code,	79511
those employees of the Ohio Educational Telecommunications Network	79512
Commission so transferred to the agency designated by the Governor	79513
retain their positions and all of the benefits accruing thereto.	79514
Employees of the Ohio Educational Telecommunications Network	79515
Commission so dismissed cease to hold their positions of	79516
employment on July 1, 2005.	79517

(C) No judicial or administrative action or proceeding in	79518
which the Ohio Educational Telecommunications Network Commission	79519
or the Executive Director of the Commission is a party that is	79520
pending on July 1, 2005, is affected by the transfer of functions	79521
under division (A) of this section. Such action or proceeding	79522
shall be prosecuted or defended in the name of the Director of the	79523
Office of Budget and Management. On application to the court or	79524
other tribunal, the Director of the Office of Budget and	79525
Management shall be substituted for the Executive Director of the	79526
Commission as a party to such action or proceeding.	79527

(D) On and after July 1, 2005, when the Ohio Educational	79528
Telecommunications Network Commission or the Executive Director of	79529
the Ohio Educational Telecommunications Network Commission is	79530
referred to in any statute, rule, contract, grant, or other	79531
document, the reference is hereby deemed to refer to the agency	79532
designated by the Governor or the chief administrator of that	79533
agency, respectively.	79534

Section 315.10. ELIMINATION OF THE OHIO SCHOOLNET COMMISSION

79535

(A) Effective July 1, 2005, the Ohio SchoolNet Commission is	79536
abolished and, subject to the recommendations of any task force	79537
appointed by the Governor to consider issues of administrative	79538
reorganization and approved by the Governor, its functions,	79539
assets, and liabilities, including, but not limited to, vehicles	79540
and equipment assigned to employees of the Commission and records	79541
of the Commission regardless of form or medium, are transferred to	79542
the agency designated by the Governor. The agency is thereupon and	79543
thereafter successor to, assumes the obligations of, and otherwise	79544
constitutes the continuation of the Ohio SchoolNet Commission. The	79545
functions of the Executive Director of the Commission are	79546
thereupon and thereafter transferred to the chief administrator of	79547
the agency designated by the Governor.	79548

Any business commenced but not completed by the Ohio	79549
SchoolNet Commission or the Executive Director of the Commission	79550
on July 1, 2005, shall be completed by the agency designated by	79551
the Governor or the chief administrator of that agency,	79552
respectively, in the same manner, and with the same effect, as if	79553
completed by the Ohio SchoolNet Commission or the Executive	79554
Director of the Commission. No validation, cure, right, privilege,	79555
remedy, obligation, or liability is lost or impaired by reason of	79556
the transfer required under this section and shall be administered	79557
by the agency designated by the Governor. All of the Ohio	79558
SchoolNet Commission's rules, orders, and determinations continue	79559
in effect as rules, orders, and determinations of the agency	79560
designated by the Governor, until modified or rescinded by that	79561
agency. If necessary to ensure the integrity of the Administrative	79562
Code, the Director of the Legislative Service Commission shall	79563
renumber the Ohio SchoolNet Commission's rules to reflect their	79564
transfer to the agency designated by the Governor.	79565

(B) Employees of the Ohio SchoolNet Commission shall be	79566
transferred to the agency designated by the Governor or dismissed	79567
in accordance with recommendations approved by the Governor under	79568
division (A) of this section. Subject to lay-off provisions of	79569
sections 124.321 to 124.328 of the Revised Code, those employees	79570
of the Ohio SchoolNet Commission so transferred to the agency	79571
designated by the Governor retain their positions and all of the	79572
benefits accruing thereto. Employees of the Ohio SchoolNet	79573
Commission so dismissed cease to hold their positions of	79574
employment on July 1, 2005.	79575

Ohio SchoolNet Commission employees transferred under	79576
provisions of this section shall remain in the unclassified	79577
service of the state.	79578

The reassignment of the functions and duties of Ohio	79579
SchoolNet Commission employees under this section is not a subject	79580
appropriate for collective bargaining under Chapter 4117. of the	79581
Revised Code. All positions of any Ohio SchoolNet Commission	79582
employees transferred to the agency designated by the Governor	79583
under this section shall not be subject to Chapter 4117. of the	79584
Revised Code in the same manner as when those positions were under	79585
the authority of the Ohio SchoolNet Commission.	79586

(C) No judicial or administrative action or proceeding in	79587
which the Ohio SchoolNet Commission or the Executive Director of	79588
the Commission is a party that is pending on July 1, 2005, is	79589
affected by the transfer of functions under division (A) of this	79590
section. Such action or proceeding shall be prosecuted or defended	79591
in the name of the Director of the Office of Budget and	79592
Management. On application to the court or other tribunal, the	79593
Director of the Office of Budget and Management shall be	79594
substituted for the Executive Director of the Commission as a	79595
party to such action or proceeding.	79596

(D) On and after July 1, 2005, when the Ohio SchoolNet	79597
Commission or the Executive Director of the Ohio SchoolNet	79598
Commission is referred to in any statute, rule, contract, grant,	79599
or other document, the reference is hereby deemed to refer to the	79600
agency designated by the Governor or the chief administrator of	79601
that agency, respectively.	79602

Section 315.11. TRANSFER OF FUNDS TO THE AGENCIES

79603

On and after July 1, 2005, notwithstanding any provision of	79604
law to the contrary, the Director of Budget and Management is	79605
authorized to take the actions described in this section with	79606
respect to budget changes made necessary by administrative	79607
reorganization, program transfers, the creation of new funds, and	79608
the consolidation of funds as authorized by this act. The Director	79609
may make any transfer of cash balances between funds. At the	79610
request of the Director, the controlling authority of the agencies	79611
designated by the Governor under Section 315.09 or 315.10 of this	79612
act shall certify to the Director an estimate of the amount of the	79613
cash balance to be transferred to the receiving funds. The	79614
Director may transfer the estimated amount when needed to make	79615
payments. Not more than thirty days after certifying the estimated	79616
amount, the controlling authority of the agencies shall certify	79617
the final amount to the Director. The Director shall transfer the	79618
difference between any amount previously transferred and the	79619
certified final amount. The Director may cancel encumbrances and	79620
re-establish encumbrances or parts of encumbrances as needed in	79621
fiscal year 2006 in the appropriate funds and appropriation items	79622
for the same purposes. The appropriation authority necessary to	79623
re-establish such encumbrances in fiscal year 2006 as determined	79624
by the Director, in a different fund or appropriation item, within	79625
an agency or between agencies, is hereby appropriated. When	79626
re-established encumbrances or parts of re-established	79627
encumbrances are cancelled, the Director shall reduce the	79628
appropriations for these respective funds and appropriation items	79629
by the amount of the encumbrances cancelled. The amounts cancelled	79630
are hereby authorized. Any fiscal year 2005 unencumbered or	79631
unallotted appropriation balances may be transferred to the	79632
appropriate funds and appropriation items to be used for the same	79633
purposes, as determined by the Director. The amounts transferred	79634
are hereby appropriated.	79635

Section 318.03. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

79636

Certain appropriations are in this act for the purpose of	79637
paying debt service and financing costs on general obligation	79638
bonds or notes of the state issued pursuant to the Ohio	79639
Constitution and acts of the General Assembly. If it is determined	79640
that additional appropriations are necessary for this purpose,	79641
such amounts are hereby appropriated.	79642

Section 318.06. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER	79643
OF STATE	79644

Certain appropriations are in this act for the purpose of	79645
making lease payments pursuant to leases and agreements relating	79646
to bonds or notes issued by the Ohio Building Authority or the	79647
Treasurer of State or, previously, by the Ohio Public Facilities	79648
Commission, pursuant to the Ohio Constitution and acts of the	79649
General Assembly. If it is determined that additional	79650
appropriations are necessary for this purpose, such amounts are	79651
hereby appropriated.	79652

Section 318.09. AUTHORIZATION FOR TREASURER OF STATE AND OBM	79653
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	79654

The Office of Budget and Management shall initiate and	79655
process disbursements from general obligation and lease rental	79656
payment appropriation items during the period from July 1, 2005,	79657
to June 30, 2007, relating to bonds or notes issued under Sections	79658
2i, 2k, 2l, 2m, 2n, 2o, and 15 of Article VIII, Ohio Constitution,	79659
and Chapters 151. and 154. of the Revised Code. Disbursements	79660
shall be made upon certification by the Treasurer of State of the	79661
dates and the amounts due on those dates.	79662

Section 318.12. ISSUANCE OF OBLIGATIONS BY THE OHIO COAL	79663
DEVELOPMENT OFFICE	79664

The Ohio Public Facilities Commission, upon the request of	79665
the Director of the Ohio Coal Development Office of the Ohio Air	79666
Quality Development Authority with the advice of the Technical	79667
Advisory Committee created in section 1551.35 of the Revised Code	79668
and the approval of the Executive Director of the Ohio Air Quality	79669
Development Authority, is hereby authorized to issue and sell, in	79670
accordance with Section 15 of Article VIII, Ohio Constitution, and	79671
Chapter 151. and particularly sections 151.01 and 151.07 of the	79672
Revised Code, bonds and other obligations of the State of Ohio in	79673
an aggregate principal amount not to exceed $15,000,000 in	79674
addition to the issuance of obligations heretofore authorized by	79675
prior acts of the General Assembly. The obligations shall be	79676
dated, issued, and sold from time to time in such amounts as may	79677
be necessary to provide sufficient moneys to the credit of the	79678
Coal Research and Development Fund created in section 1555.15 of	79679
the Revised Code to pay costs charged to the fund when due.	79680

Section 321.03. STATE AND LOCAL REBATE AUTHORIZATION

79681

There is hereby appropriated, from those funds designated by	79682
or pursuant to the applicable proceedings authorizing the issuance	79683
of state obligations, amounts computed at the time to represent	79684
the portion of investment income to be rebated or amounts in lieu	79685
of or in addition to any rebate amount to be paid to the federal	79686
government in order to maintain the exclusion from gross income	79687
for federal income tax purposes of interest on those state	79688
obligations under section 148(f) of the Internal Revenue Code.	79689

Rebate payments shall be approved and vouchered by the Office	79690
of Budget and Management.	79691

Section 321.06. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

79692

Pursuant to the plan for compliance with the Federal Cash	79693
Management Improvement Act required by section 131.36 of the	79694
Revised Code, the Director of Budget and Management may cancel and	79695
re-establish all or part of encumbrances in like amounts within	79696
the funds identified by the plan. The amounts necessary to	79697
re-establish all or part of encumbrances are hereby appropriated.	79698

Section 321.09. STATEWIDE INDIRECT COST RECOVERY

79699

Whenever the Director of Budget and Management determines	79700
that an appropriation made to a state agency from a fund of the	79701
state is insufficient to provide for the recovery of statewide	79702
indirect costs under section 126.12 of the Revised Code, the	79703
amount required for such purpose is hereby appropriated from the	79704
available receipts of such fund.	79705

Section 321.10. GRF TRANSFERS ON BEHALF OF THE STATEWIDE	79706
INDIRECT COST ALLOCATION PLAN	79707

The total transfers made from the General Revenue Fund by the	79708
Director of Budget and Management under this section shall not	79709
exceed the amounts transferred into the General Revenue Fund under	79710
division (B) of section 126.12 of the Revised Code.	79711

The director of an agency may certify to the Director of	79712
Budget and Management the amount of expenses not allowed to be	79713
included in the Statewide Indirect Cost Allocation Plan under	79714
federal regulations, from any fund included in the Statewide	79715
Indirect Cost Allocation Plan, prepared as required by section	79716
126.12 of the Revised Code.	79717

Upon determining that no alternative source of funding is	79718
available to pay for such expenses, the Director of Budget and	79719
Management may transfer from the General Revenue Fund into the	79720
fund for which the certification is made, up to the amount of the	79721
certification. The director of the agency receiving such funds	79722
shall include, as part of the next budget submission prepared	79723
under section 126.02 of the Revised Code, a request for funding	79724
for such activities from an alternative source such that further	79725
federal disallowances would not be required.	79726

Section 321.11. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

79727

Notwithstanding any provision of law to the contrary, on or	79728
before the first day of September of each fiscal year, the	79729
Director of Budget and Management, in order to reduce the payment	79730
of adjustments to the federal government, as determined by the	79731
plan prepared under division (A) of section 126.12 of the Revised	79732
Code, may designate such funds as the director considers necessary	79733
to retain their own interest earnings.	79734

Section 401.05. That Sections 16.09, 19.01, 20.01, 22.03,	79735
23.11, 23.12, 23.13, 23.26, 23.45, and 24.01 of Am. Sub. H.B. 16	79736
of the 126th General Assembly be amended to read as follows:	79737

Appropriations

Sec. 16.09. OSB SCHOOL FOR THE BLIND

79738

CAP-774	Glass Windows/E Wall of Natatorium	$	63,726	79739
CAP-775	Renovation of Science Lab Greenhouse	$	58,850	79740
CAP-776	Renovating Recreation Area	$	213,900	79741
CAP-777	New Classrooms for Secondary MH Program	$	880,407	79742
CAP-778	Renovation of Student Health Service Area	$	144,375	79743
CAP-779	Replacement of Cottage Windows	$	208,725	79744
CAP-~~780~~ 782	New School Lighting	$	184,500	79745
CAP-781	Food Prep. Area Air Conditioning	$	67,250	79746
Total School for the Blind		$	1,821,733	79747

Sec. 19.01. All items set forth in this section are hereby	79748
appropriated out of any moneys in the state treasury to the credit	79749
of the Cultural and Sports Facilities Building Fund (Fund 030)	79750
that are not otherwise appropriated.	79751

Appropriations

AFC CULTURAL FACILITIES COMMISSION

79752

CAP-010	Sandusky State Theatre Improvements	$	325,000	79753
CAP-013	Stambaugh Hall Improvements	$	250,000	79754
CAP-033	Woodward Opera House Renovation	$	100,000	79755
CAP-038	Center Exhibit Replacement	$	816,000	79756
CAP-043	Statewide Site Repairs	$	100,000	79757
CAP-044	National Underground Railroad Freedom Center	$	4,150,000	79758
CAP-046	Cincinnati Museum Center Improvements	$	250,000	79759
CAP-052	Akron Art Museum	$	1,012,500	79760
CAP-053	Powers Auditorium Improvements - Eleanor Beecher Flad Pavilion	$	250,000	79761
CAP-065	Beck Center for the Cultural Arts	$	100,000	79762
CAP-069	Cleveland Institute of Art	$	250,000	79763
CAP-071	Cleveland Institute of Music	$	750,000	79764
CAP-073	Marina District/Ice Arena Development	$	3,500,000	79765
CAP-074	Stan Hywet Hall & Gardens - West Vista Restoration	$	750,000	79766
CAP-745	Emergency Repairs	$	838,560	79767
CAP-769	Rankin House State Memorial	$	192,000	79768
CAP-781	Archives and Library Automation	$	624,000	79769
CAP-784	Center Rehabilitation	$	960,000	79770
CAP-806	Grant Boyhood Home Improvements	$	480,000	79771
CAP-812	Schuster Arts Center	$	5,500,000	79772
CAP-823	Marion Palace Theatre	$	750,000	79773
CAP-826	Renaissance Theatre	$	750,000	79774
CAP-834	Galion Historic Big Four Depot Restoration	$	170,000	79775
CAP-835	Jamestown Opera House	$	125,000	79776
CAP-844	Charles A. Eulett Education Center/Edge of Appalachia Museum Center	$	1,850,000	79777
CAP-845	Lima Historic Athletic Field	$	100,000	79778
CAP-846	Butler Palace Theatre	$	100,000	79779
CAP-847	Voice of America Museum	$	275,000	79780
CAP-848	Oxford Arts Center ADA Project	$	72,000	79781
CAP-849	Clark County Community Arts Expansion Project	$	500,000	79782
CAP-850	Westcott House Historic Site	$	75,000	79783
CAP-851	General Lytle Homestead - Harmony Hill	$	50,000	79784
CAP-852	Miami Township Community Amphitheatre	$	50,000	79785
CAP-853	Western Reserve Historical Society	$	1,000,000	79786
CAP-854	Steamship Mather Museum	$	100,000	79787
CAP-855	Rock and Roll Hall of Fame	$	250,000	79788
CAP-856	Friendly Inn Settlement House Historic Site	$	250,000	79789
CAP-857	Merrick House Historic Site	$	250,000	79790
CAP-858	Strongsville Historic Building	$	100,000	79791
CAP-859	Arts Castle	$	100,000	79792
CAP-860	Great Lakes Historical Society	$	325,000	79793
CAP-861	Ohio Glass Museum	$	250,000	79794
CAP-862	Goll Wood Homestead	$	50,000	79795
CAP-863	Ariel Theatre	$	100,000	79796
CAP-864	Bellbrook/Sugarcreek Historical Society	$	10,000	79797
CAP-865	Kennedy Stone House	$	15,000	79798
CAP-866	Sports Facilities Improvements - Cincinnati	$	4,350,000	79799
CAP-867	Ensemble Theatre	$	450,000	79800
CAP-868	Taft Museum	$	500,000	79801
CAP-869	Art Academy of Cincinnati	$	100,000	79802
CAP-870	Riverbend Pavilion Improvements	$	250,000	79803
CAP-871	Cincinnati Art & Technology Academy - Longworth Hall	$	100,000	79804
CAP-872	Music Hall: Over-The-Rhine	$	750,000	79805
CAP-873	John Bloomfield Home Restoration	$	115,000	79806
CAP-874	Malinta Historical Society Caboose Exhibit	$	6,000	79807
CAP-875	Hocking County Historical Society - Schempp House	$	10,000	79808
CAP-876	Art Deco Markay Theater	$	200,000	79809
CAP-877	Harvey Wells House	$	100,000	79810
CAP-878	Bryn Du	$	250,000	79811
CAP-879	Broad Street Historical Renovation	$	300,000	79812
CAP-880	Amherst Historical Society	$	35,000	79813
CAP-881	COSI - Toledo	$	1,900,000	79814
CAP-882	Ohio Theatre - Toledo	$	100,000	79815
CAP-883	Chester Academy Historic Site Renovations	$	25,000	79816
CAP-884	Bradford Ohio Railroad Museum	$	100,000	79817
CAP-885	Montgomery County Historical Society Archives	$	100,000	79818
CAP-886	Nelson T. Gant Historic Homestead	$	25,000	79819
CAP-887	Aurora Outdoor Sports Complex	$	50,000	79820
CAP-888	Preble County Historical Society	$	100,000	79821
CAP-889	Tecumseh Sugarloaf Mountain Amphitheatre	$	120,000	79822
CAP-890	Pro Football Hall of Fame	$	400,000	79823
CAP-891	MAPS Air Museum	$	15,000	79824
CAP-892	Foundation Community ~~Threatre~~ Theatre	$	50,000	79825
CAP-893	William McKinley Library Restoration	$	250,000	79826
CAP-894	Hale Farm & Village	$	250,000	79827
~~CAP-895~~	~~Blossom Music Center~~	$	~~2,512,500~~	79828
CAP-896	Richard Howe House	$	100,000	79829
CAP-897	Ward-Thomas Museum	$	30,000	79830
CAP-898	Packard Music Hall Renovation Project	$	100,000	79831
CAP-899	Holland Theatre	$	100,000	79832
CAP-900	Van Wert Historical Society	$	32,000	79833
CAP-901	Warren County Historical Society	$	225,000	79834
CAP-902	Marietta Colony Theatre	$	335,000	79835
CAP-903	West Salem Village Opera House	$	92,000	79836
CAP-904	Beavercreek Community Theater	$	100,000	79837
CAP-905	Smith Orr Homestead	$	100,000	79838
Total Cultural Facilities Commission		$	~~43,592,560~~ 41,080,060	79839
TOTAL Cultural and Sports Facilities Building Fund		$	~~43,592,560~~ 41,080,060	79840

Sec. 20.01. All items set forth in this section are hereby	79842
appropriated out of any moneys in the state treasury to the credit	79843
of the Ohio Parks and Natural Resources Fund (Fund 031) that are	79844
not otherwise appropriated.	79845

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

79846

STATEWIDE AND LOCAL PROJECTS

79847

CAP-012	Land Acquisition	$	750,000	79848
CAP-051	Buck Creek State Park - Camp/Dock Renovations	$	25,000	79849
CAP-060	East Fork State Park Renovation	$	50,000	79850
CAP-080	Atwood Lake Conservancy District	$	75,000	79851
CAP-083	John Bryan State Park Shelter Construction	$	30,000	79852
CAP-084	Findley State Park General Improvements	$	12,500	79853
~~CAP-085~~	~~The Wilds Carnivore Center~~	$	~~1,000,000~~	79854
CAP-086	Scippo Creek Conservation	$	75,000	79855
CAP-087	Belpre City Swimming Pool	$	125,000	79856
CAP-705	Ohio-Erie Canal Tuscarawas River Logjam Removal	$	25,000	79857
CAP-748	Local Parks Projects - Statewide	$	2,511,079	79858
CAP-753	Project Planning	$	1,144,316	79859
CAP-881	Dam Rehabilitation	$	5,000,000	79860
CAP-931	Wastewater/Water Systems Upgrades	$	2,900,000	79861
Total Statewide and Local Projects		$	~~13,722,895~~	79862
	12,722,895	79863
Total Department of Natural Resources		$	~~13,722,895~~	79864
	12,722,895	79865
TOTAL Ohio Parks and Natural Resources Fund		$	~~13,722,895~~	79866
	12,722,895	79867

Appropriations

Sec. 22.03. DMH DEPARTMENT OF MENTAL HEALTH

79869

CAP-479	Community Assistance Projects	$	~~1,800,000~~ 1,900,000	79870
CAP-978	Infrastructure Improvements	$	8,050,000	79871
~~CAP-989~~	~~Cleveland Christian Home~~	$	~~100,000~~	79872
Total Department of Mental Health		$	9,950,000	79873

COMMUNITY ASSISTANCE PROJECTS

79874

Of the foregoing appropriation item CAP-479, Community	79875
Assistance Projects, $200,000 shall be used for the Center for	79876
Families and Children, $100,000 shall be used for the Cleveland	79877
Christian Home, and $100,000 shall be used for the Berea	79878
Children's Home.	79879

Sec. 23.11. UCN UNIVERSITY OF CINCINNATI

79880

CAP-009	Basic Renovations	$	7,022,622	79881
CAP-018	Basic Renovations-Clermont	$	198,926	79882
CAP-054	Basic Renovations-Walters	$	336,439	79883
CAP-131	Cinergy Convention Center	$	2,500,000	79884
CAP-174	Classroom/Teaching Laboratory Renovations	$	3,280,000	79885
CAP-176	Network Expansion	$	1,820,000	79886
CAP-205	Medical Science Building	$	5,870,374	79887
CAP-209	Library Renovations	$	1,450,000	79888
CAP-224	Van Wormer Administrative Building Rehabilitation	$	2,632,000	79889
CAP-263	Swift Rehabilitation	$	9,000,000	79890
CAP-265	Rieveschl/Crosley Rehab/Expansion	$	619,579	79891
CAP-269	Raymond Walters Veterinary College	$	1,244,131	79892
CAP-313	Expand Clermont	$	657,770	79893
CAP-329	Uptown Consortium Renovation of Turner Place	$	250,000	79894
CAP-335	People Working Cooperatively	$	100,000	79895
Total University of Cincinnati		$	~~36,881,841~~ 36,981,841	79896

Appropriations

Sec. 23.12. CLS CLEVELAND STATE UNIVERSITY

79898

CAP-023	Basic Renovations	$	3,267,875	79899
CAP-125	College of Education Building	$	8,057,262	79900
~~CAP-130~~	~~WVIZ Technology Center/Playhouse Square~~	$	~~750,000~~	79901
CAP-152	Rhodes Tower-Data Center Relocation	$	1,000,000	79902
CAP-153	University Annex-Vacation and Demolition	$	49,390	79903
CAP-154	Main Classroom Stair Tower & Entry	$	1,500,000	79904
CAP-155	Cleveland Playhouse	$	250,000	79905
CAP-156	Physical Education Building Rehabilitation	$	1,000,000	79906
Total Cleveland State University		$	~~15,874,527~~ 15,124,527	79907

Appropriations

Sec. 23.13. KSU KENT STATE UNIVERSITY

79909

CAP-022	Basic Renovations	$	3,573,078	79910
CAP-105	Basic Renovations-East Liverpool	$	151,408	79911
CAP-106	Basic Renovations-Geauga	$	45,607	79912
CAP-107	Basic Renovations-Salem	$	105,640	79913
CAP-108	Basic Renovations-Stark	$	325,358	79914
CAP-110	Basic Renovations-Ashtabula	$	177,801	79915
CAP-111	Basic Renovations-Trumbull	$	347,695	79916
CAP-112	Basic Renovations-Tuscarawas	$	171,699	79917
CAP-212	Health Science Building, Planning	$	705,720	79918
CAP-235	Rehabilitation of Franklin Hall	$	13,923,684	79919
CAP-260	Land Acquisitions & Improvements-East Liverpool	$	638,419	79920
CAP-261	Addition/Renovation of Classrooms-Geauga	$	246,878	79921
CAP-262	Gym Renovation Planning-Salem	$	490,213	79922
CAP-263	Parking Lot & Roadway Paving-Stark	$	162,076	79923
CAP-264	Fine Arts Building & New Campus Center-Stark	$	1,000,000	79924
CAP-265	Science Lab Addition-Trumbull	$	991,786	79925
CAP-266	Fine & Performing Arts Center - Tuscarawas	$	844,655	79926
CAP-267	Columbiana County Port Authority	$	875,000	79927
CAP-268	Canton Convention Center	$	735,000	79928
CAP-269	Blossom Music Center	$	2,512,500	79929
Total Kent State University		$	~~25,511,717~~ 28,024,217	79930

Sec. 23.26. CCC CUYAHOGA COMMUNITY COLLEGE

79932

Appropriations

CAP-031	Basic Renovations	$	2,428,960	79933
CAP-079	Cleveland Art Museum Improvements	$	3,000,000	79934
CAP-094	Collegewide Wayfinding Signage System	$	1,067,510	79935
CAP-095	Collegewide Asset Protection and Building Codes Upgrade	$	1,491,522	79936
CAP-096	Health Care Technology Building - Eastern	$	6,050,264	79937
CAP-097	WVIZ Technology Center/Playhouse Square	$	750,000	79938

Total Cuyahoga Community College

~~14,038,256~~ 14,788,256

79939

Sec. 23.45. STC STARK TECHNICAL COLLEGE

79940

CAP-004	Basic Renovations	$	438,295	79941
CAP-035	Business Technologies Addition Rehabilitation	$	1,378,892	79942
CAP-037	Fuel Cell Initiative	$	250,000	79943
Total Stark Technical College		$	2,067,187	79944
Total Board of Regents and State				79945
Institutions of Higher Education		$	~~488,343,998~~ 490,956,498	79946
TOTAL Higher Education Improvement Fund		$	~~489,371,036~~ 491,983,536	79947

Sec. 24.01. All items set forth in this section are hereby	79949
appropriated out of any moneys in the state treasury to the credit	79950
of the Parks and Recreation Improvement Fund (Fund 035) that are	79951
not otherwise appropriated.	79952

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

79953

CAP-004	Burr Oak Lodge	$	150,000	79954
CAP-012	Land Acquisition	$	243,663	79955
CAP-085	The Wilds Carnivore Center	$	1,000,000	79956
CAP-088	Muskingum River Lock and Dam	$	250,000	79957
CAP-234	State Park Campgrounds, Cabins, and Lodges	$	2,712,500	79958
CAP-331	Park Boating Facilities	$	7,588,383	79959
CAP-701	Buckeye Lake State Park - Dam Rehabilitation	$	4,000,000	79960
CAP-718	Grand Lake St. Mary's State Park Erosion Control Project	$	450,000	79961
CAP-748	Local Park Projects	$	2,715,000	79962
CAP-753	Project Planning	$	175,000	79963
CAP-848	Hazardous Dam Repair - Statewide	$	1,325,000	79964
CAP-876	Statewide Trails	$	1,101,500	79965
CAP-931	Statewide Wastewater/Water Systems Upgrade	$	2,500,000	79966
Total Department of Natural Resources		$	~~23,211,046~~	79967
	24,211,046	79968
TOTAL Parks and Recreation Improvement Fund		$	~~23,211,046~~	79969
	24,211,046	79970

FEDERAL REIMBURSEMENT

79971

All reimbursements received from the federal government for	79972
any expenditures made pursuant to this section shall be deposited	79973
in the state treasury to the credit of the Parks and Recreation	79974
Improvement Fund (Fund 035).	79975

LOCAL PARKS PROJECTS

79976

Of the foregoing appropriation item CAP-748, Local Parks	79977
Projects, $75,000 shall be used for the Springfield Arts Veterans'	79978
Park; $50,000 shall be used for the Village of Bentleyville Park;	79979
$25,000 shall be used for the Cleveland Police and Firefighters	79980
Memorial Park; $100,000 shall be used for the Parma Heights	79981
Greenbriar Park; $125,000 shall be used for the Fairborn Park	79982
Entrance Project; $250,000 shall be used for the Greene County	79983
Soccer Park; $750,000 shall be used for the Banks Park; $400,000	79984
shall be used for the Colerain Township Park Improvements;	79985
$200,000 shall be used for the Colerain Township Heritage Park;	79986
$75,000 shall be used for the London Park Project; $50,000 shall	79987
be used for Somerset Park Improvements; $50,000 shall be used for	79988
Meadowbrook Park; $25,000 shall be used for Early Hill Park;	79989
$25,000 shall be used for the Wright-Flyer Aviation Park; $200,000	79990
shall be used for Madison Township Park; $10,000 shall be used for	79991
the Wellington Soccer Field Park; $10,000 shall be used for the	79992
Greenwich Township Baseball Field Park Improvements; $20,000 shall	79993
be used for the City of London Sports Park; $25,000 shall be used	79994
for the Pleasant Hill Park Ball Field Project; and $250,000 shall	79995
be used for the Education Gateway at Sippo Lake Park.	79996

STATEWIDE TRAILS PROGRAM

79997

Of the foregoing appropriation item CAP-876, Statewide	79998
Trails, $85,000 shall be used for the Williamsburg-Batavia	79999
hike/bike trail; $16,500 shall be used for the South Milford Road	80000
Bike Trail Project; $125,000 shall be used for the Tri-County	80001
Triangle Trail in Fayette county; ~~$100,00~~$100,000 shall be used	80002
for the Tri-County Triangle Trail in Highland County; $125,000	80003
shall be used for the Tri-County Triangle Trail in Ross county;	80004
$550,000 shall be used for the Camp Chase Ohio to Erie Trail; and	80005
$100,000 shall be used for the Holmes County Park District - Rails	80006
to Trails.	80007

Section 401.06. That existing Sections 16.09, 19.01, 20.01,	80008
22.03, 23.11, 23.12, 23.13, 23.26, 23.45, and 24.01 of Am. Sub.	80009
H.B. 16 of the 126th General Assembly are hereby repealed.	80010

Section 401.11. That Sections 203.03.09 and 203.03.10 of Am.	80011
Sub. H.B. 68 of the 126th General Assembly be amended to read as	80012
follows:	80013

Sec. 203.03.09. PUBLIC ACCESS ROADS FOR STATE FACILITIES

80014

Of the foregoing appropriation item 772-421, Highway	80015
Construction - State, ~~$4,517,500~~$5,000,000 shall be used in each	80016
fiscal year during the fiscal year 2006-2007 biennium by the	80017
Department of Transportation for the construction, reconstruction,	80018
or maintenance of public access roads, including support features,	80019
to and within state facilities owned or operated by the Department	80020
of Natural Resources.	80021

Notwithstanding section 5511.06 of the Revised Code, of the	80022
foregoing appropriation item 772-421, Highway Construction -	80023
State, $2,228,000 in each fiscal year of the fiscal year 2006-2007	80024
biennium shall be used by the Department of Transportation for the	80025
construction, reconstruction, or maintenance of park drives or	80026
park roads within the boundaries of metropolitan parks.	80027

Included in the foregoing appropriation item 772-421, Highway	80028
Construction - State, the department may perform related road work	80029
on behalf of the Ohio Expositions Commission at the state	80030
fairgrounds, including reconstruction or maintenance of public	80031
access roads and support features, to and within fairground	80032
facilities as requested by the commission and approved by the	80033
Director of Transportation.	80034

LIQUIDATION OF UNFORESEEN LIABILITIES

80035

Any appropriation made to the Department of Transportation,	80036
Highway Operating Fund, not otherwise restricted by law, is	80037
available to liquidate unforeseen liabilities arising from	80038
contractual agreements of prior years when the prior year	80039
encumbrance is insufficient.	80040

Sec. 203.03.10. PREVENTIVE MAINTENANCE

80041

The Department of Transportation shall contract with an	80042
independent party to ~~issue a yearly report~~conduct a study and	80043
issue a report on the effectiveness and progress of preventive	80044
maintenance projects ~~that meet warranty guidelines~~. ~~The~~	80045
Thereafter, the Department shall issue a yearly report on or	80046
before the first day of December for three consecutive years	80047
~~beginning in fiscal year 2005.~~	80048

~~The Department shall provide in its annual report data~~ on	80049
actual and planned pavement preventive maintenance activities. The	80050
data shall include the following: (1) the total number of lane	80051
miles receiving preventive maintenance treatment, by treatment	80052
type and highway system category; (2) the total number of lane	80053
miles programmed to receive treatment; (3) the actual costs of the	80054
pavement preventive maintenance activities per lane mile, by	80055
treatment type and highway system category; (4) the total number	80056
of lane miles rehabilitated or reconstructed; and (5) the actual	80057
cost per lane mile of rehabilitated or reconstructed highway, by	80058
highway system category.	80059

Section 401.12. That existing Sections 203.03.09 and	80060
203.03.10 of Am. Sub. H.B. 68 of the 126th General Assembly are	80061
hereby repealed.	80062

Section 401.13. Notwithstanding section 5511.05 of the	80063
Revised Code, the Director of Transportation shall confer with the	80064
Director of Natural Resources in fiscal years 2006 and 2007	80065
concerning the establishment, construction, reconstruction,	80066
improvement, repair, and maintenance of all roads and bridges	80067
within the boundaries of all state parks, including all such parks	80068
and properties under the control and custody of the Department of	80069
Natural Resources. After conferring with the Director of Natural	80070
Resources, the Director of Transportation shall establish,	80071
construct, reconstruct, improve, repair, and maintain all such	80072
roads and bridges. $5,000,000 shall be expended to establish,	80073
construct, reconstruct, improve, repair, and maintain all such	80074
roads and bridges in each fiscal year.	80075

Section 403.05. That Section 4 of Am. Sub. H.B. 516 of the	80076
125th General Assembly be amended to read as follows:	80077

Sec. 4. The following agencies shall be retained pursuant to	80078
division (D) of section 101.83 of the Revised Code and shall	80079
expire on December 31, 2010:	80080

	REVISED CODE OR	80081
	UNCODIFIED	80082
AGENCY NAME	SECTION	80083

Administrator, Interstate Compact on Mental Health	5119.50	80084
Administrator, Interstate Compact on	5103.20	80085
Placement of Children		80086
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	80087
Advisory Boards to the EPA for Air Pollution	121.13	80088
Advisory Boards to the EPA for Water Pollution	121.13	80089
Advisory Committee of the State Veterinary Medical Licensing Board	4741.03(D)(3)	80090
Advisory Committee on Livestock Exhibitions	901.71	80091
Advisory Council on Amusement Ride Safety	1711.51	80092
Advisory Board of Directors for Prison Labor	5145.162	80093
Advisory Council for Each Wild, Scenic, or Recreational River Area	1517.18	80094
Advisory Councils or Boards for State Departments	107.18 or 121.13	80095
Advisory Group to the Ohio Water Resources Council	1521.19(C)	80096
Alzheimer's Disease Task Force	173.04(F)	80097
AMBER Alert Advisory Committee	5502.521	80098
Apprenticeship Council	4139.02	80099
Armory Board of Control	5911.09	80100
Automated Title Processing Board	4505.09(C)(1)	80101
Banking Commission	1123.01	80102
Board of Directors of the Ohio Health Reinsurance Program	3924.08	80103
Board of Voting Machine Examiners	3506.05(B)	80104
Board of Tax Appeals	5703.02	80105
Brain Injury Advisory Committee	3304.231	80106
Capitol Square Review and Advisory Board	105.41	80107
Child Support Guideline Advisory Council	3119.024	80108
Children's Trust Fund Board	3109.15	80109
Citizens Advisory Committee (BMV)	4501.025	80110
Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities)	5123.092	80111
Clean Ohio Trail Advisory Board	1519.06	80112
Coastal Resources Advisory Council	1506.12	80113
Commission on African-American Males	4112.12	80114
Commission on Hispanic-Latino Affairs	121.31	80115
Commission on Minority Health	3701.78	80116
Committee on Prescriptive Governance	4723.49	80117
Commodity Advisory Commission	926.32	80118
Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council	5123.353	80119
Community Oversight Council	3311.77	80120
Compassionate Care Task Force	Section 3, H.B. 474, 124th GA	80121
~~Consumer Advisory Committee to the Rehabilitation Services Commission~~	~~3304.24~~	80122
Continuing Education Committee (for Sheriffs)	109.80	80123
Controlling Board	127.12	80124
Coordinating Committee, Agricultural Commodity Marketing Programs	924.14	80125
Council on Alcohol and Drug Addiction Services	3793.09	80126
Council on Unreclaimed Strip Mined Lands	1513.29	80127
Council to Advise on the Establishment and Implementation of the Birth Defects Information System	3705.34	80128
County Sheriffs' Standard Car-Marking and Uniform Commission	311.25	80129
Credit Union Council	1733.329	80130
Criminal Sentencing Advisory Committee	181.22	80131
Day-Care Advisory Council	5104.08	80132
Dentist Loan Repayment Advisory Board	3702.92	80133
Development Financing Advisory Council	122.40	80134
Education Commission of the States (Interstate Compact for Education)	3301.48	80135
Electrical Safety Inspector Advisory Committee	3783.08	80136
Emergency Response Commission	3750.02	80137
Engineering Experiment Station Advisory Committee	3335.27	80138
Environmental Education Council	3745.21	80139
Environmental Review Appeals Commission	3745.02	80140
EPA Advisory Boards or Councils	121.13	80141
Farmland Preservation Advisory Board	901.23	80142
Financial Planning & Supervision Commission for Municipal Corporation, County, or Township	118.05	80143
Financial Planning & Supervision Commission for School District	3316.05	80144
Forestry Advisory Council	1503.40	80145
Governance Authority for a State University or College	3345.75	80146
Governor's Advisory Council on Physical Fitness, Wellness, & Sports	3701.77	80147
Governor's Council on People with Disabilities	3303.41	80148
Governor's Residence Advisory Commission	107.40	80149
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	80150
Gubernatorial Transition Committee	107.29	80151
Head Start Partnership Study Council	Section 41.35, H.B. 95, 125th GA	80152
Hemophilia Advisory Subcommittee	3701.0210	80153
Housing Trust Fund Advisory Committee	175.25	80154
Industrial Commission Nominating Council	4121.04	80155
Industrial Technology and Enterprise Advisory Council	122.29	80156
Infant Hearing Screening Subcommittee	3701.507	80157
Insurance Agent Education Advisory Council	3905.483	80158
Interagency Council on Hispanic/Latino Affairs	121.32(J)	80159
Interstate Mining Commission (Interstate Mining Compact)	1514.30	80160
Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact)	4981.35	80161
Joint Council on MR/DD	101.37	80162
Joint Select Committee on Volume Cap	133.021	80163
Labor-Management Government Advisory Council	4121.70	80164
Legal Rights Service Commission	5123.60	80165
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	80166
Maternal and Child Health Council	3701.025	80167
Medically Handicapped Children's Medical Advisory Council	3701.025	80168
Midwest Interstate Passenger Rail Compact Commission (Ohio members)	4981.361	80169
Military Activation Task Force	5902.15	80170
Milk Sanitation Board	917.03	80171
Mine Subsidence Insurance Governing Board	3929.51	80172
Minority Development Financing Board	122.72	80173
Multi-Agency Radio Communications Systems Steering Committee	Sec. 21, H.B. 790, 120th GA	80174
Multidisciplinary Council	3746.03	80175
Muskingum River Advisory Council	1501.25	80176
National Museum of Afro-American History and Culture Planning Committee	149.303	80177
~~Nursing Facility Reimbursement Study Council~~	~~5111.34~~	80178
Ohio Advisory Council for the Aging	173.03	80179
Ohio Aerospace & Defense Advisory Council	122.98	80180
Ohio Arts Council	3379.02	80181
Ohio Business Gateway Steering Committee	5703.57	80182
Ohio Cemetery Dispute Resolution Commission	4767.05	80183
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)	80184
Ohio Commercial Insurance Joint Underwriting Association Board Of Governors	3930.03	80185
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	80186
Ohio Commission on Dispute Resolution and Conflict Management	179.02	80187
Ohio Commission to Reform Medicaid	Section 59.29, H.B. 95, 125th GA	80188
Ohio Community Service Council	121.40	80189
Ohio Council for Interstate Adult Offender Supervision	5149.22	80190
Ohio Cultural Facilities Commission	3383.02	80191
Ohio Developmental Disabilities Council	5123.35	80192
Ohio Educational Telecommunications Network Commission	3353.02	80193
Ohio Ethics Commission	102.05	80194
Ohio Expositions Commission	991.02	80195
Ohio Family and Children First Cabinet Council	121.37	80196
Ohio Geology Advisory Council	1505.11	80197
Ohio Grape Industries Committee	924.51	80198
Ohio Hepatitis C Advisory Commission	3701.92	80199
Ohio Historic Site Preservation Advisory Board	149.301	80200
Ohio Historical Society Board of Trustees	149.30	80201
Ohio Judicial Conference	105.91	80202
Ohio Lake Erie Commission	1506.21	80203
Ohio Medical Malpractice Commission	Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA	80204
Ohio Medical Quality Foundation	3701.89	80205
Ohio Parks and Recreation Council	1541.40	80206
Ohio Peace Officer Training Commission	109.71	80207
Ohio Public Defender Commission	120.01	80208
Ohio Public Library Information Network Board	Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA	80209
Ohio Public Works Commission	164.02	80210
Ohio Quarter Horse Development Commission	3769.086	80211
Ohio SchoolNet Commission	3301.80	80212
Ohio Small Government Capital Improvements Commission	164.02	80213
Ohio Soil and Water Conservation Commission	1515.02	80214
Ohio Standardbred Development Commission	3769.085	80215
Ohio Steel Industry Advisory Council	122.97	80216
Ohio Teacher Education and Licensure Advisory Council	3319.28(D)	80217
Ohio Thoroughbred Racing Advisory Committee	3769.084	80218
Ohio Tuition Trust Authority	3334.03	80219
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10	80220
Ohio Vendors Representative Committee	3304.34	80221
Ohio War Orphans Scholarship Board	5910.02	80222
Ohio Water Advisory Council	1521.031	80223
Ohio Water Resources Council	1521.19	80224
Ohioana Library Association, Martha Kinney Cooper Memorial	3375.62	80225
Oil and Gas Commission	1509.35	80226
Operating Committee, Agricultural Commodity Marketing Programs	924.07	80227
Organized Crime Investigations Commission	177.01	80228
Parole Board	5149.10	80229
Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services	5111.81	80230
Physician Loan Repayment Advisory Board	3702.81	80231
Power Siting Board	4906.02	80232
Prequalification Review Board	5525.07	80233
Private Water Systems Advisory Council	3701.346	80234
Public Employment Risk Reduction Advisory Commission	4167.02	80235
Public Health Council	3701.33	80236
Public Utilities Commission Nominating Council	4901.021	80237
Public Utility Property Tax Study Committee	5727.85	80238
Radiation Advisory Council	3748.20	80239
Reclamation Commission	1513.05	80240
Recreation and Resources Commission	1501.04	80241
Recycling and Litter Prevention Advisory Council	1502.04	80242
Rehabilitation Services Commission Consumer Advisory Committee	3304.24	80243
Release Authority of Department of Youth Services	5139.50	80244
Savings & Loans Associations & Savings Banks Board	1181.16	80245
Schools and Ministerial Lands Divestiture Committee	501.041	80246
Second Chance Trust Fund Advisory Committee	2108.17	80247
Self-Insuring Employers Evaluation Board	4123.352	80248
Services Committee of the Workers' Compensation System	4121.06	80249
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	80250
Solid Waste Management Advisory Council	3734.51	80251
State Agency Coordinating Group	1521.19	80252
State Board of Deposit	135.02	80253
State Board of Emergency Medical Services Subcommittees	4765.04	80254
State Council of Uniform State Laws	105.21	80255
State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities	4115.32	80256
State Criminal Sentencing Commission	181.21	80257
State Employment Relations Board	4117.02	80258
State Fire Commission	3737.81	80259
State Racing Commission	3769.02	80260
State Victims Assistance Advisory Committee	109.91	80261
Student Tuition Recovery Authority	3332.081	80262
Tax Credit Authority	122.17	80263
Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office	1551.35	80264
Technical Advisory Council on Oil and Gas	1509.38	80265
Transportation Review Advisory Council	5512.07	80266
Unemployment Compensation Review Commission	4141.06	80267
Unemployment Compensation Advisory Council	4141.08	80268
Utility Radiological Safety Board	4937.02	80269
Vehicle Management Commission	125.833	80270
Veterans Advisory Committee	5902.02(K)	80271
Volunteer Fire Fighters' Dependents Fund Boards (Private and Public)	146.02	80272
Water and Sewer Commission	1525.11(C)	80273
Waterways Safety Council	1547.73	80274
Wildlife Council	1531.03	80275
Workers' Compensation System Oversight Commission	4121.12	80276
Workers' Compensation Oversight Commission Nominating Committee	4121.123	80277

Section 403.06. That existing Section 4 of Am. Sub. H.B. 516	80278
of the 125th General Assembly is hereby repealed.	80279

Section 403.11. That Section 3 of Am. Sub. H.B. 621 of the	80280
122nd General Assembly, as most recently amended by Am. Sub. H.B.	80281
95 of the 125th General Assembly, be amended to read as follows:	80282

Sec. 3. That sections Sec. 166.031. , Sec. 901.80. , Sec. 901.81. , Sec. 901.82. , and	80283
Sec. 901.83. of the Revised Code are hereby repealed, effective October	80284
15, ~~2005~~2007.	80285

Section 403.12. That existing Section 3 of Am. Sub. H.B. 621	80286
of the 122nd General Assembly, as most recently amended by Am.	80287
Sub. H.B. 95 of the 125th General Assembly, is hereby repealed.	80288

Section 403.17. That Section 153 of Am. Sub. H.B. 117 of the	80289
121st General Assembly, as most recently amended by Am. Sub. H.B.	80290
95 of the 125th General Assembly, be amended to read as follows:	80291

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	80292
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	80293
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	80294
repealed, effective October 16, ~~2005~~2007.	80295

(B) Any money remaining in the Legislative Budget Services	80296
Fund on October 16, ~~2005~~2007, the date that section 5112.19 of	80297
the Revised Code is repealed by division (A) of this section,	80298
shall be used solely for the purposes stated in then former	80299
section 5112.19 of the Revised Code. When all money in the	80300
Legislative Budget Services Fund has been spent after then former	80301
section 5112.19 of the Revised Code is repealed under division (A)	80302
of this section, the fund shall cease to exist.	80303

Section 403.18. That existing Section 153 of Am. Sub. H.B.	80304
117 of the 121st General Assembly, as most recently amended by Am.	80305
Sub. H.B. 95 of the 125th General Assembly, is hereby repealed.	80306

Section 403.23. That Section 5 of Am. Sub. S.B. 50 of the	80307
121st General Assembly, as most recently amended by Am. Sub. H.B.	80308
95 of the 125th General Assembly, be amended to read as follows:	80309

Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st	80310
General Assembly shall take effect July 1, ~~2005~~2007.	80311

Section 403.24. That existing Section 5 of Am. Sub. S.B. 50	80312
of the 121st General Assembly, as most recently amended by Am.	80313
Sub. H.B. 95 of the 125th General Assembly is hereby repealed.	80314

Section 490.03. That Section 59.19 of Am. Sub. H.B. 95 of the	80315
125th General Assembly is hereby repealed.	80316

Section 490.06. That Section 147 of Am. Sub. H.B. 95 of the	80317
125th General Assembly is hereby repealed.	80318

Section 501.03. (A) There is hereby created the Task Force on	80319
Law Library Associations, consisting of thirteen members. The	80320
Speaker and Minority Leader of the House of Representatives shall	80321
each appoint one member of the House of Representatives to the	80322
Task Force. The President and Minority Leader of the Senate shall	80323
each appoint one member of the Senate to the Task Force. The Ohio	80324
Judicial Conference shall appoint three members to the Task Force,	80325
two of whom shall be judges who are members of the Conference and	80326
one of whom shall be a law librarian associated with a law library	80327
association. The County Commissioners Association of Ohio shall	80328
appoint three members to the Task Force, one of whom shall be a	80329
representative of the public. The Ohio State Bar Association shall	80330
appoint three members to the Task Force, two of whom shall be	80331
attorneys licensed to practice law in this state and one of whom	80332
shall be a law librarian associated with a law library	80333
association. Appointments to the Task Force shall be made by	80334
September 1, 2005. Vacancies on the Task Force shall be filled in	80335
the manner provided for original appointments.	80336

(B)(1) The Task Force shall do each of the following:

80337

(a) Gather information on and study the current state of the	80338
law library associations in this state covered by sections 3375.48	80339
to 3375.56 of the Revised Code, with particular emphasis on the	80340
structure, funding, and administration of their law libraries, and	80341
on the effect of technology on, and access to, their law	80342
libraries;	80343

(b) Make recommendations on the structure, funding, and	80344
administration of these law libraries presently and over the next	80345
five calendar years;	80346

(c) Make recommendations as to how to ensure that these law	80347
libraries remain open and may be made available to members of the	80348
public.	80349

(2) The Task Force shall submit a report of its findings and	80350
recommendations to the Speaker and Minority Leader of the House of	80351
Representatives, the President and Minority Leader of the Senate,	80352
and the Chief Justice of the Supreme Court by June 30, 2006. Upon	80353
submission of its report, the Task Force shall cease to exist.	80354

(C) Sections 101.82 to 101.87 of the Revised Code do not	80355
apply to the Task Force.	80356

Section 503.03. As used in this section, "state agency" means	80357
the administrative departments identified in section 121.02 of the	80358
Revised Code and the bureau of workers' compensation.	80359

During 2005, the Auditor of State shall examine the	80360
compliance of each state agency with the requirements of section	80361
131.02 of the Revised Code. The examination shall inquire into the	80362
following matters:	80363

(A) The practices and procedures used by the agency to	80364
collect claims before the claims are certified to the Attorney	80365
General as required by section 131.02 of the Revised Code;	80366

(B) The number of individuals employed by the agency or	80367
engaged under contract with the agency in 2003 and 2004 whose only	80368
or whose primary duty is to collect amounts owed to the agency;	80369

(C) For claims certified to the Attorney General under	80370
section 131.02 of the Revised Code in 2003 and 2004, the average	80371
number of days elapsing between the last day for timely payment of	80372
the claims and the day the agency certified the claim to the	80373
Attorney General.	80374

For the purposes of the examination required by this section,	80375
the Auditor of State may request a state agency to provide reports	80376
to the Auditor of State on the matters described under divisions	80377
(A), (B), and (C) of this section. State agencies shall provide	80378
such reports to the Auditor of State within 60 days after the	80379
request, but the Auditor of State may extend the time for	80380
providing the report for good cause for up to sixty days.	80381

Not later than March 31, 2006, the Auditor of State shall	80382
submit a written report of the Auditor of State's findings under	80383
this section to the Governor, the Speaker of the House of	80384
Representatives, the President of the Senate, and the Legislative	80385
Service Commission.	80386

Section 503.09. (A) There is hereby created the Correctional	80387
Faith-Based Initiatives Task Force consisting of the following	80388
fifteen members:	80389

(1) One member of the House of Representatives appointed by	80390
the Speaker of the House of Representatives;	80391

(2) One member of the House of Representatives appointed by	80392
the leader of the minority party of the House of Representatives;	80393

(3) One member of the Senate appointed by the President of	80394
the Senate;	80395

(4) One member of the Senate appointed by the Minority Leader	80396
of the Senate;	80397

(5) Two members appointed by the Governor;

80398

(6) The Director of Rehabilitation and Correction or the	80399
director's designee;	80400

(7) Three members appointed by the Director of Rehabilitation	80401
and Correction who have expertise or experience in faith-based	80402
programs in the correctional setting;	80403

(8) The Director of Job and Family Services or the director's	80404
designee;	80405

(9) The Director of Youth Services or the director's	80406
designee;	80407

(10) The Director of Alcohol and Drug Addiction Services or	80408
the director's designee;	80409

(11) The Director of Mental Health or the director's	80410
designee;	80411

(12) One member appointed by the executive assistant in	80412
charge of the Governor's Office of Faith-Based and Community	80413
Initiatives.	80414

(B) The Director of Rehabilitation and Correction, or the	80415
director's designee, and the member of the House of	80416
Representatives appointed by the Speaker of the House of	80417
Representatives shall be co-chairs of the task force. The task	80418
force shall meet at least once each month. The Department of	80419
Rehabilitation and Correction shall provide the task force with a	80420
meeting room and secretarial assistance.	80421

(C) The task force shall study seamless faith-based solutions	80422
to problems in the correctional system, focusing on diversion	80423
programs, programs and services in the prison system and for	80424
families of incarcerated individuals, and the faith-based and	80425
nonprofit organizations that provide the programs and services.	80426
The task force shall examine existing faith-based programs in	80427
prisons in Ohio and other states and shall consider the	80428
feasibility of replicating programs from other states and	80429
developing model faith-based penal institutions, faith-based units	80430
within penal institutions, and faith-based programs to reduce	80431
recidivism of offenders after their release from prison, improve	80432
prison management, and deal with juveniles who have been held over	80433
to or are in the adult penal system or who have parents who are	80434
incarcerated.	80435

(D) On or before the first anniversary of the effective date	80436
of this section, the task force shall provide a written report and	80437
recommendations to the Governor, the Speaker of the House of	80438
Representatives, and the President of the Senate. Upon submitting	80439
the report and recommendations, the task force shall cease to	80440
exist.	80441

Section 503.12. (A) There is hereby created the Local	80442
Government and Library Financing and Support Committee consisting	80443
of the following eight members:	80444

(1) Four members of the House of Representatives who are	80445
members of the House Finance and Appropriations Committee, two	80446
appointed by the Speaker of the House of Representatives and two	80447
appointed by the Minority Leader of the House of Representatives;	80448

(2) Four members of the Senate who are members of the Senate	80449
Finance and Financial Institutions Committee, two appointed by the	80450
President of the Senate and two appointed by the Minority Leader	80451
of the Senate.	80452

All appointments shall be made within thirty days after the	80453
effective date of this section. Vacancies on the Committee shall	80454
be filled in the same manner as the original appointments. The	80455
Speaker shall designate one of the members of the Committee to	80456
serve as chairperson.	80457

(B) The Committee shall study potential sources of state	80458
funding for the Local Government Fund, the Library and Local	80459
Government Support Fund, and the Local Government Revenue	80460
Assistance Fund that have the capacity to allow for growth in	80461
funding levels and to provide stability in funding levels.	80462

(C) The Committee may request staff assistance from the Tax	80463
Commissioner and the Legislative Service Commission.	80464

(D) Not later than June 1, 2006, the Committee shall submit a	80465
report to the Governor and to the General Assembly setting forth	80466
the Committee's recommendations for sources of funding for the	80467
funds specified in division (B) of this section, together with	80468
suggested legislation to implement the recommendations. The	80469
Committee may submit additional recommendations after June 1,	80470
2006, to the Governor and the General Assembly.	80471

(E) The Committee shall cease to exist on December 31, 2006.

80472

Section 506.03. (A) The Governor is hereby authorized to	80473
execute a deed in the name of the state conveying to	80474
Hocking.Athens.Perry Community Action and its successors and	80475
assigns all of the state's right, title, and interest in the	80476
following described real estate:	80477

Situate in the Village of Glouster, Trimble Township, Athens	80478
County, Ohio, and being a part of a tract as described in Volume	80479
384, Page 47 of the Deed Records of Athens County, and being more	80480
particularly described as follows:	80481

Beginning at an iron pin set at the northeast corner of Lot	80482
848 of the Wassall Fire Clay Company's Addition to the Village of	80483
Glouster; thence along the south line of a 10.00 foot alley South	80484
85º 54' 29" East 219.30 feet to an iron pin set, thence along the	80485
west line of a 4.27 acre tract (ORV 4-442) South 2º 25' 37" East,	80486
528.53 feet to an iron pin found; thence along the west line of a	80487
44.21 acre tract (ORV 172-611) South 24º 08' 53" West, 412.51 feet	80488
to an iron pin found; thence North 81º 51' 07" West 594.65 feet to	80489
a point on the east right of way line of the former Toledo and	80490
Ohio Central Railroad (passing an iron pin found at 586.43 feet);	80491
thence along said line North 1º 39' 06" West, 734.24 feet to an	80492
iron pin found; thence along the south line of Lot 860 in said	80493
Village South 85º 54' 11" East, 188.77 feet to an iron pin set;	80494
thence along the east line of Lots 860 and 859 North 4º 05' 20"	80495
East, 100.00 feet to an iron pin set (an iron pin found for	80496
reference bears South 70º 30' 21" East, 1.01 feet); thence along	80497
the south line of Lots 857 and 848 South 85º 54' 29" East, 340.04	80498
feet to an iron pin found; thence along the east line of Lot 848	80499
North 4º 05' 30" East, 40.00 feet to the point of beginning and	80500
containing 14.046 acres.	80501

Subject to all Easements and Rights of Way of Record.

80502

Bearings used are to an assumed meridian and are for angular	80503
determination only.	80504

Surveyed October 1996 by Kenneth E. Highland, Ohio PLS	80505
#S-7581.	80506

EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TWO TRACTS:

80507

Tract 1-0.020 acre: Situate in the Village of Glouster,	80508
Trimble Township, Athens County, Ohio, and being a part of a tract	80509
as previously described in Volume 384, Page 47 of the Deed Records	80510
of Athens County and being more particularly described as follows:	80511
Commencing at an iron pin set at the southeast corner of Lot 860	80512
of the Wassall Fire Clay Company's Addition to the Village of	80513
Glouster; thence along the south line of said lot North 85º 54'	80514
11" West, 88.77 feet to an iron pin set at the point of beginning	80515
of this tract; thence leaving said line and along a new line South	80516
4º 05' 49" West, 15.00 feet to a point (passing an iron pin set at	80517
10.00 feet); thence along a new line parallel to the south line of	80518
the previously mentioned lot line North 85º 54' 11" West, 60.00	80519
feet to an iron pin set; thence North 4º 05' 49" East, 15.00 feet	80520
to an iron pin set on grantors most westerly north line (passing	80521
an iron pin set at 5.00 feet); thence along said line South 85º	80522
54' 11" East, 60.00 feet to the point of beginning and containing	80523
0.020 acre. Subject to all easements and rights of way of record.	80524
Bearings used are to an assumed meridian and are for angular	80525
determination only. Surveyed August 1997 by Kenneth E. Highland,	80526
Ohio PLS #S-7581.	80527

Deed Reference:Volume 263, Page 540 and Volume 299, Page 185,	80528
Athens County Official Records.	80529

Tract 2-0.013 acre: Situate in the Village of Glouster,	80530
Trimble Township, Athens County, Ohio, and being a part of a tract	80531
as previously described in Volume 384, Page 47 of the Deed Records	80532
of Athens County and being more particularly described as follows:	80533
Commencing at an iron pin set at the southwest corner of Lot 857	80534
of the Wassall Fire Clay Company's Addition to the Village of	80535
Glouster; thence along the south line of said lot South 85º 54'	80536
29" East, 90.00 feet to an iron pin set at the point of beginning	80537
of this tract; thence continuing along said line South 85º 54' 29"	80538
East, 60.00 feet to an iron pin set at the southeast corner of	80539
said lot; thence along a new line South 4º 05' 31" West 10.00 feet	80540
to an iron pin set; thence along a line parallel to the south line	80541
of Lot 857 North 85º 54' 29" West, 60.00 feet to an iron pin set;	80542
thence along a new line North 4º 05' 31" East, 10.00 feet to the	80543
point of beginning and containing 0.013 acre. Subject to all	80544
easements and rights of way of record. Bearings used are to an	80545
assumed meridian and are for angular determination only. Surveyed	80546
August 1997 by Kenneth E. Highland, Ohio PLS #S-7581; revised June	80547
2000.	80548

Deed Reference:Volume 299, Page 704; Volume 263, Page 544;	80549
and Volume 299, Page 183, Athens County Official Records.	80550

DEED REFERENCE:VOLUME _____, PAGE _____; VOLUME 298, PAGE	80551
2439; AND VOLUME 258, PAGE 79, ATHENS COUNTY OFFICIAL RECORDS.	80552

(B) Consideration for the conveyance of the real estate	80553
described in division (A) of this section is the purchase price of	80554
one dollar.	80555

(C) Upon payment of the purchase price, the Auditor of State,	80556
with the assistance of the Attorney General, shall prepare a deed	80557
to the real estate described in division (A) of this section. The	80558
deed shall state the consideration. The deed shall be executed by	80559
the Governor in the name of the state, countersigned by the	80560
Secretary of State, sealed with the Great Seal of the State,	80561
presented in the Office of the Auditor of State for recording, and	80562
delivered to Hocking.Athens.Perry Community Action.	80563
Hocking.Athens.Perry Community Action shall present the deed for	80564
recording in the Office of the Athens County Recorder.	80565

(D) Hocking.Athens.Perry Community Action shall pay the costs	80566
of the conveyance of the real estate described in division (A) of	80567
this section.	80568

(E) This section expires one year after its effective date.

80569

Section 509.03. (A)(1) The Clerk of the Medina Municipal	80570
Court shall be elected by the qualified electors of the territory	80571
of the court in the manner that is provided for the election of	80572
the judge of that court in section 1901.07 of the Revised Code at	80573
the first general election that occurs not less than six months	80574
after the effective date of this section.	80575

(2) Notwithstanding division (A)(1)(a) of section 1901.31 of	80576
the Revised Code, the term of the Clerk of the Medina Municipal	80577
Court elected under division (A)(1) of this section shall commence	80578
on the first day of January following the clerk's election and	80579
continue until the clerk's successor is elected and qualified. The	80580
clerk's successor shall be elected pursuant to the schedule for	80581
the election of the judge of that court in sections 1901.07 and	80582
1901.08 of the Revised Code.	80583

(B) The Clerk of the Medina Municipal Court shall continue in	80584
office until the clerk elected pursuant to division (A) of this	80585
section takes office. If the office of Clerk of the Medina	80586
Municipal Court becomes vacant prior to the date that the clerk	80587
elected pursuant to division (A) of this section takes office, the	80588
judges of the court shall appoint a clerk to serve until the clerk	80589
elected pursuant to division (A) of this section takes office.	80590

Section 553.01. (A) As used in this section:

80591

(1) "Qualifying delinquent taxes" means any tax levied under	80592
Chapter 5733., 5739., 5741., 5747., or 5748. of the Revised Code,	80593
including the taxes levied under sections 5733.41 and 5747.41 of	80594
the Revised Code and taxes required to be withheld under Chapters	80595
5747. and 5748. of the Revised Code, which were due and payable	80596
from any person as of May 1, 2005, were unreported or	80597
underreported, and remain unpaid.	80598

(2) "Qualifying delinquent personal property taxes" means a	80599
tax for which a return is filed under section 5711.02 of the	80600
Revised Code. (3) "Qualifying delinquent taxes" and "qualifying	80601
delinquent personal property taxes" do not include any tax for	80602
which a notice of assessment or audit has been issued, for which a	80603
bill has been issued, or for which an audit has been conducted or	80604
is currently being conducted.	80605

(B) The Tax Commissioner shall establish and administer a tax	80606
amnesty program with respect to qualifying delinquent taxes and	80607
qualifying delinquent personal property taxes. The program shall	80608
commence on November 1, 2005, and shall conclude on December 15,	80609
2005. The Tax Commissioner shall issue forms and instructions and	80610
take other actions necessary to implement the program. The Tax	80611
Commissioner shall publicize the program so as to maximize public	80612
awareness and participation in the program.	80613

(C)(1) During the program, if a person pays the full amount	80614
of qualifying delinquent taxes owed by that person and one-half of	80615
any interest that has accrued as a result of the person failing to	80616
pay those taxes in a timely fashion, the Tax Commissioner shall	80617
waive or abate all applicable penalties and one-half of any	80618
interest that accrued on the qualifying delinquent taxes.	80619

(2) During the program, if a person who owes qualifying	80620
delinquent personal property taxes files a return with the Tax	80621
Commissioner, in the form and manner prescribed by the Tax	80622
Commissioner, listing all taxable property that was required to be	80623
listed on the return required to be filed under section 5711.02 of	80624
the Revised Code, the Tax Commissioner shall issue a preliminary	80625
assessment certificate to the appropriate county auditor. Upon	80626
receiving a preliminary assessment certificate issued by the Tax	80627
Commissioner pursuant to this division, the county auditor shall	80628
compute the amount of qualifying delinquent personal property	80629
taxes owed by the person and shall add to that amount one-half of	80630
the interest prescribed under sections 5711.32 and 5719.041 of the	80631
Revised Code. The county treasurer shall collect the amount of tax	80632
and interest computed by the county auditor under this division by	80633
preparing and mailing a tax bill to the person as prescribed in	80634
section 5711.32 of the Revised Code. If the person pays the full	80635
amount of tax and interest thereon on or before the date shown on	80636
the tax bill all applicable penalties and one-half of any interest	80637
that accrued on the qualifying delinquent personal property taxes	80638
shall be waived.	80639

(3) No payment required under division (G) of section 321.24	80640
of the Revised Code shall be made with respect to any person who	80641
pays qualifying delinquent personal property taxes under division	80642
(C)(2) of this section.	80643

(4) Notwithstanding any contrary provision of the Revised	80644
Code, the Tax Commissioner shall not furnish to the county auditor	80645
any information pertaining to the exemption from taxation under	80646
division (C)(3) of section 5709.01 of the Revised Code insofar as	80647
that information pertains to any person who pays qualifying	80648
delinquent personal property taxes under division (C)(2) of this	80649
section.	80650

(D) The Tax Commissioner may require a person participating	80651
in the program to file returns or reports, including amended	80652
returns and reports, in connection with the person's payment of	80653
qualifying delinquent taxes or qualifying delinquent personal	80654
property taxes.	80655

(E) A person who participates in the program and pays in full	80656
any outstanding qualifying delinquent tax or qualifying delinquent	80657
personal property tax and the interest payable on such tax in	80658
accordance with this section shall not be subject to any criminal	80659
prosecution or any civil action with respect to that tax, and no	80660
assessment shall thereafter be issued against that person with	80661
respect to that tax.	80662

(F) Taxes and interest collected under the program shall be	80663
credited to the General Revenue Fund, except that:	80664

(1) Qualifying delinquent personal property taxes and	80665
interest payable thereon shall be credited to the appropriate	80666
county undivided income tax fund, and the county auditor shall	80667
distribute the amount thereof among the various taxing districts	80668
in the county as if it had been levied, collected, and settled, as	80669
personal property taxes;	80670

(2) Qualifying delinquent taxes levied under section	80671
5739.021, 5739.023, or 5739.026 of the Revised Code shall be	80672
distributed to the appropriate counties and transit authorities in	80673
accordance with section 5739.21 of the Revised Code during the	80674
next distribution required under that section;	80675

(3) Qualifying delinquent taxes levied under section	80676
5741.021, 5741.022, or 5741.023 of the Revised Code shall be	80677
distributed to the appropriate counties and transit authorities in	80678
accordance with section 5741.03 of the Revised Code during the	80679
next distribution required under that section; and	80680

(4) Qualifying delinquent taxes levied under Chapter 5748. of	80681
the Revised Code shall be credited to the school district income	80682
tax fund and then paid to the appropriate school district during	80683
the next payment required under division (D) of section 5747.03 of	80684
the Revised Code.	80685

Section 553.02. Section 553.01 of this act is hereby	80686
repealed, effective December 16, 2005. The repeal of Section	80687
553.01 of this act does not affect, after the effective date of	80688
the repeal, the rights, remedies, or actions authorized under that	80689
section.	80690

Section 557.03. A credit is hereby allowed against the	80691
additional estate tax imposed by section 5731.18 of the Revised	80692
Code on the estate of a decedent who dies on or after January 1,	80693
2002, but before the effective date of that section as amended by	80694
this act. The credit shall equal that portion of the additional	80695
estate tax imposed by section 5731.18 of the Revised Code that is	80696
over and above the additional estate tax that would have been	80697
imposed if the tax levied by division (A) of that section had been	80698
an amount equal to the maximum credit allowable by section 2011 of	80699
the Internal Revenue Code that was in effect and applicable on the	80700
date of such decedent's death for any taxes paid to any state.	80701

Section 557.06. (A) As used in this section, "net additional	80702
tax" means, in the case of a wholesale dealer, the net additional	80703
amount of tax resulting from the amendment by this act of section	80704
5743.02 of the Revised Code, less the discount allowed under	80705
section 5743.05 of the Revised Code as a commission for affixing	80706
and canceling stamps or meter impressions, that is due on all	80707
packages of Ohio stamped cigarettes and on all unaffixed Ohio	80708
cigarette tax stamps that the wholesale dealer has on hand as of	80709
the beginning of business on July 1, 2005, and, in the case of a	80710
retail dealer, means the net additional amount of tax resulting	80711
from the amendment by this act of section 5743.02 of the Revised	80712
Code that is due on all packages of Ohio stamped cigarettes and on	80713
all unaffixed Ohio cigarette tax stamps that the retail dealer has	80714
on hand as of the beginning of business on July 1, 2005.	80715

(B) In addition to the return required under section 5743.03	80716
of the Revised Code, each wholesale dealer and each retail dealer	80717
shall make and file a return on forms prescribed by the tax	80718
commissioner showing the net additional tax due and any other	80719
information that the commissioner considers necessary to apply	80720
sections 5743.01 to 5743.20 of the Revised Code in the	80721
administration of the net additional tax. On or before September	80722
30, 2005, each wholesale dealer and each retail dealer shall	80723
deliver the return to the treasurer of state, together with	80724
remittance of the net additional tax shown on the return to be	80725
due. A wholesale dealer or retail dealer may claim a credit equal	80726
to five per cent of the net additional tax shown on the return to	80727
be due if the wholesale dealer or retail dealer delivers the	80728
return required under this section to the treasurer of state on or	80729
before August 15, 2005, together with remittance of the net	80730
additional tax due after allowing for the five per cent credit.	80731
The treasurer of state shall stamp or otherwise mark on the return	80732
the date on which the return and remittance were received by the	80733
treasurer of state and also shall show on the return by stamp or	80734
otherwise the amount of the tax payment remitted with the return.	80735
Upon receipt, the treasurer of state shall immediately transmit	80736
all returns filed under this section to the commissioner.	80737

(C) Any wholesale or retail dealer who fails to file a return	80738
or remit net additional tax as required under this section shall	80739
forfeit and pay into the state treasury a late charge equal to	80740
fifty dollars or ten per cent of the net additional tax due,	80741
whichever is greater. If the net additional tax, or any portion	80742
thereof, whether determined by the commissioner or the wholesale	80743
or retail dealer, is not paid on or before the date prescribed for	80744
payment under this section, interest shall accrue on the unpaid	80745
amount at the rate per annum required by section 5703.47 of the	80746
Revised Code from the date prescribed for payment of the net	80747
additional tax to the date of payment or to the date the	80748
commissioner issues an assessment under section 5743.081 or	80749
5743.082 of the Revised Code, whichever occurs first. Interest	80750
shall be paid and collected in the same manner as the net	80751
additional tax.	80752

(D) Unpaid or unreported net additional taxes, late charges,	80753
and interest may be collected by assessment in the manner	80754
prescribed under sections 5743.081 and 5743.082 of the Revised	80755
Code.	80756

(E) All amounts collected under this section shall be	80757
considered revenue arising from the tax imposed by section 5743.02	80758
of the Revised Code.	80759

Section 557.09. (A) The tax imposed under Chapter 5751. of	80760
the Revised Code, as enacted by this act, is an annual tax for the	80761
privilege of doing business in this state and is intended to	80762
replace the corporation franchise tax imposed under Chapter 5733.	80763
of the Revised Code for corporations other than corporations	80764
referred to in divisions (G)(1)(a) and (b) of section 5733.01 of	80765
the Revised Code.	80766

(B) The tax imposed under Chapter 5751. of the Revised Code,	80767
as enacted by this act, takes effect July 1, 2005. Notwithstanding	80768
division (L) of section 5751.01 and section 5751.02 of the Revised	80769
Code, the tax year in calendar year 2005 begins July 1, 2005, and	80770
ends December 31, 2005. The tax imposed under Chapter 5751. of the	80771
Revised Code for that tax year equals fifty dollars plus the	80772
product of six-tenths of one mill times taxable gross receipts in	80773
excess of five hundred thousand dollars. In lieu of quarterly tax	80774
reporting periods for that tax year, taxpayers shall report and	80775
pay the tax due for the tax year not later than February 15, 2006,	80776
and as otherwise required under Chapter 5751. of the Revised Code.	80777

(C) Only persons excluded pursuant to divisions (E)(2) to	80778
(11) of section 5751.01 of the Revised Code, as enacted by this	80779
act, and persons with less than forty thousand dollars in taxable	80780
gross receipts during calendar year 2005 are not subject to this	80781
section.	80782

(D) The tax commissioner shall take the necessary steps to	80783
implement this section and use money in the commercial tax	80784
administrative fund to promote awareness of the tax imposed under	80785
this section and under Chapter 5751. of the Revised Code as	80786
enacted by this act by means of advertising and other reasonable	80787
means.	80788

Section 557.10. In lieu of the certification and crediting of	80789
money to the Recycling and Litter Prevention Fund in fiscal year	80790
2006 that would be required under section 5733.122 of the Revised	80791
Code if that section were not repealed by this act, the Director	80792
of Budget and Management, during fiscal year 2006, shall transfer	80793
$1,500,000 from the General Revenue Fund to the Recycling and	80794
Litter Prevention Fund according to a schedule to be determined by	80795
the Director.	80796

Section 557.12. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS

80797

(A) On or before the seventh day of each month of the period	80798
July 2005 through June 2007, the Tax Commissioner shall determine	80799
and certify to the Director of Budget and Management the amount to	80800
be credited, by tax, during that month to the Local Government	80801
Fund, to the Library and Local Government Support Fund, and to the	80802
Local Government Revenue Assistance Fund, respectively, under	80803
divisions (B) to (G) of this section.	80804

(B) Notwithstanding sections 5727.45, 5727.84, 5733.12,	80805
5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary,	80806
for each month in the period July 1, 2005, through June 30, 2007,	80807
from the utility excise, kilowatt-hour, corporation franchise,	80808
sales and use, and personal income taxes collected:	80809

(1) An amount shall first be credited to the Local Government	80810
Fund equal to the amount credited to that fund from that tax	80811
according to the schedule in divisions (C), (D), (E), and (F) of	80812
this section;	80813

(2) An amount shall next be credited to the Local Government	80814
Revenue Assistance Fund equal to the amount credited to that fund	80815
from that tax according to the schedule in divisions (C), (D),	80816
(E), and (F) of this section;	80817

(3) An amount shall next be credited to the Library and Local	80818
Government Support Fund equal to the amount credited to that fund	80819
from that tax according to the schedule in division (G) of this	80820
section;	80821

(4) In December 2005, an amount totaling $5,000,000 shall be	80822
credited from the personal income tax to the Local Government	80823
Services Collaboration Grant Fund, established under section	80824
209.78.06 of this act.	80825

(C) Pursuant to divisions (B)(1) and (2) of this section, the	80826
amounts shall be credited from the corporation franchise, sales	80827
and use, and personal income taxes to each respective fund as	80828
follows:	80829

(1) In July 2005, one hundred per cent of the amount credited	80830
in July 2004; in July 2006, eighty per cent of the amount credited	80831
in July 2005;	80832

(2) In August 2005, one hundred per cent of the amount	80833
credited in August 2004; in August 2006, eighty per cent of the	80834
amount credited in August 2005;	80835

(3) In September 2005, one hundred per cent of the amount	80836
credited in September 2004; in September 2006, eighty per cent of	80837
the amount credited in September 2005;	80838

(4) In October 2005, one hundred per cent of the amount	80839
credited in October 2004; in October 2006, eighty per cent of the	80840
amount credited in October 2005;	80841

(5) In November 2005, one hundred per cent of the amount	80842
credited in November 2004; in November 2006, eighty per cent of	80843
the amount credited in November 2005;	80844

(6) In December 2005, eighty per cent of the amount credited	80845
in December 2004, except that the amount credited to the Local	80846
Government Fund from the personal income tax shall be reduced by	80847
an additional $5,000,000 and this reduction shall be borne	80848
entirely by the countywide non-township and non-village	80849
distribution in January 2006; in December 2006, one hundred per	80850
cent of the amount credited in December 2005, before the	80851
$5,000,000 reduction described in division (C)(6) of this section;	80852

(7) In January 2006, eighty per cent of the amount credited	80853
in January 2005; in January 2007, one hundred per cent of the	80854
amount credited in January 2006;	80855

(8) In February 2006, eighty per cent of the amount credited	80856
in February 2005; in February 2007, one hundred per cent of the	80857
amount credited in February 2006;	80858

(9) In March 2006, eighty per cent of the amount credited in	80859
March 2005; in March 2007, one hundred per cent of the amount	80860
credited in March 2006;	80861

(10) In April 2006, eighty per cent of the amount credited in	80862
April 2005; in April 2007, one hundred per cent of the amount	80863
credited in April 2006;	80864

(11) In May 2006, eighty per cent of the amount credited in	80865
May 2005; in May 2007, one hundred per cent of the amount credited	80866
in May 2006;	80867

(12) In June 2006, eighty per cent of the amount credited in	80868
June 2005; in June 2007, one hundred per cent of the amount	80869
credited in June 2006.	80870

(D) Pursuant to divisions (B)(1) and (2) of this section,	80871
from the public utility excise tax, amounts shall be credited to	80872
the Local Government Fund and the Local Government Revenue	80873
Assistance Fund as follows:	80874

(1) In July 2005 and July 2006, no amount shall be credited	80875
to the Local Government Fund and no amount shall be credited to	80876
the Local Government Revenue Assistance Fund;	80877

(2) In August 2005 and August 2006, no amount shall be	80878
credited to the Local Government Fund or to the Local Government	80879
Revenue Assistance Fund;	80880

(3) In September 2005 and September 2006, no amount shall be	80881
credited to the Local Government Fund or to the Local Government	80882
Revenue Assistance Fund;	80883

(4) In October 2005, $3,423,635.38 shall be credited to the	80884
Local Government Fund and $489,090.77 shall be credited to the	80885
Local Government Revenue Assistance Fund; in October 2006,	80886
$2,738,908.31 shall be credited to the Local Government Fund and	80887
$391,272.61 shall be credited to the Local Government Revenue	80888
Assistance Fund;	80889

(5) In November 2005, $454,893.03 shall be credited to the	80890
Local Government Fund and $64,984.72 shall be credited to the	80891
Local Government Revenue Assistance Fund; in November 2006,	80892
$363,914.43 shall be credited to the Local Government Fund and	80893
$51,987.77 shall be credited to the Local Government Revenue	80894
Assistance Fund;	80895

(6) In December 2005 and December 2006, $421,094.51 shall be	80896
credited to the Local Government Fund and $60,156.37 shall be	80897
credited to the Local Government Revenue Assistance Fund;	80898

(7) In January 2006 and January 2007, no amount shall be	80899
credited to the Local Government Fund or to the Local Government	80900
Revenue Assistance Fund;	80901

(8) In February 2006 and February 2007, $527,244.09 shall be	80902
credited to the Local Government Fund and $75,320.57 shall be	80903
credited to the Local Government Revenue Assistance Fund;	80904

(9) In March 2006 and March 2007, $2,735,265.59 shall be	80905
credited to the Local Government Fund and $390,752.23 shall be	80906
credited to the Local Government Revenue Assistance Fund;	80907

(10) In April 2006 and April 2007, no amount shall be	80908
credited to the Local Government Fund or to the Local Government	80909
Revenue Assistance Fund;	80910

(11) In May 2006 and May 2007, $1,148,649.94 shall be	80911
credited to the Local Government Fund and $164,092.85 shall be	80912
credited to the Local Government Revenue Assistance Fund;	80913

(12) In June 2006 and June 2007, $3,251,886.31 shall be	80914
credited to the Local Government Fund and $464,555.19 shall be	80915
credited to the Local Government Revenue Assistance Fund.	80916

(E) Pursuant to divisions (B)(1) and (2) of this section,	80917
from the kilowatt-hour tax, amounts shall be credited to the Local	80918
Government Fund and the Local Government Revenue Assistance Fund	80919
as follows:	80920

(1) In July 2005 and July 2006, no amount shall be credited	80921
to the Local Government Fund and no amount shall be credited to	80922
the Local Government Revenue Assistance Fund;	80923

(2) In August 2005 and August 2006, no amount shall be	80924
credited to the Local Government Fund or to the Local Government	80925
Revenue Assistance Fund;	80926

(3) In September 2005, and September 2006, no amount shall be	80927
credited to the Local Government Fund or to the Local Government	80928
Revenue Assistance Fund;	80929

(4) In October 2005, $4,446,790.78 shall be credited to the	80930
Local Government Fund and $635,255.82 shall be credited to the	80931
Local Government Revenue Assistance Fund; in October 2006,	80932
$3,557,432.62 shall be credited to the Local Government Fund and	80933
$508,204.66 shall be credited to the Local Government Revenue	80934
Assistance Fund;	80935

(5) In November 2005, $590,838.08 shall be credited to the	80936
Local Government Fund and $84,405.43 shall be credited to the	80937
Local Government Revenue Assistance Fund; in November 2006,	80938
$472,670.46 shall be credited to the Local Government Fund and	80939
$67,524.35 shall be credited to the Local Government Revenue	80940
Assistance Fund;	80941

(6) In December 2005 and December 2006, $546,938.83 shall be	80942
credited to the Local Government Fund and $78,134.13 shall be	80943
credited to the Local Government Revenue Assistance Fund;	80944

(7) In January 2006 and January 2007, no amount shall be	80945
credited to the Local Government Fund or to the Local Government	80946
Revenue Assistance Fund;	80947

(8) In February 2006 and February 2007, $684,811.29 shall be	80948
credited to the Local Government Fund and $97,830.17 shall be	80949
credited to the Local Government Revenue Assistance Fund;	80950

(9) In March 2006 and March 2007, $3,552,701.27 shall be	80951
credited to the Local Government Fund and $507,528.76 shall be	80952
credited to the Local Government Revenue Assistance Fund;	80953

(10) In April 2006 and April 2007, no amount shall be	80954
credited to the Local Government Fund or to the Local Government	80955
Revenue Assistance Fund;	80956

(11) In May 2006 and May 2007, $1,491,924.64 shall be	80957
credited to the Local Government Fund and $213,132.09 shall be	80958
credited to the Local Government Revenue Assistance Fund;	80959

(12) In June 2006 and June 2007, $4,223,714.40 shall be	80960
credited to the Local Government Fund and $603,387.77 shall be	80961
credited to the Local Government Revenue Assistance Fund.	80962

(F) In addition to the amounts credited pursuant to divisions	80963
(C), (D), and (E) of this section, a supplemental amount shall be	80964
credited each month to the Local Government Fund and the Local	80965
Government Revenue Assistance Fund from the personal income tax.	80966
The supplemental amount shall equal any additional amount	80967
necessary to make the monthly distributions required by division	80968
(I) of this section to the extent such distributions exceed the	80969
amounts already credited pursuant to divisions (C), (D), and (E)	80970
of this section.	80971

(G) Pursuant to division (B)(3) of this section, amounts	80972
shall be credited from the personal income tax to the Library and	80973
Local Government Support Fund as follows:	80974

(1) In July 2005, one hundred per cent of the amount credited	80975
in July 2004; in July 2006, ninety-five per cent of the amount	80976
credited in July 2005;	80977

(2) In August 2005, one hundred per cent of the amount	80978
credited in August 2004; in August 2006, ninety-five per cent of	80979
the amount credited in August 2005;	80980

(3) In September 2005, one hundred per cent of the amount	80981
credited in September 2004; in September 2006, ninety-five per	80982
cent of the amount credited in September 2005;	80983

(4) In October 2005, one hundred per cent of the amount	80984
credited in October 2004; in October 2006, ninety-five per cent of	80985
the amount credited in October 2005;	80986

(5) In November 2005, one hundred per cent of the amount	80987
credited in November 2004; in November 2006, ninety-five per cent	80988
of the amount credited in November 2005;	80989

(6) In December 2005, ninety-five per cent of the amount	80990
credited in December 2004; in December 2006, one hundred per cent	80991
of the amount credited in December 2005;	80992

(7) In January 2006, ninety-five per cent of the amount	80993
credited in January 2005; in January 2007, one hundred per cent of	80994
the amount credited in January 2006;	80995

(8) In February 2006, ninety-five per cent of the amount	80996
credited in February 2005; in February 2007, one hundred per cent	80997
of the amount credited in February 2006;	80998

(9) In March 2006, ninety-five per cent of the amount	80999
credited in March 2005; in March 2007, one hundred per cent of the	81000
amount credited in March 2006;	81001

(10) In April 2006, ninety-five per cent of the amount	81002
credited in April 2005; in April 2007, one hundred per cent of the	81003
amount credited in April 2006;	81004

(11) In May 2006, ninety-five per cent of the amount credited	81005
in May 2005; in May 2007, one hundred per cent of the amount	81006
credited in May 2006;	81007

(12) In June 2006, ninety-five per cent of the amount	81008
credited in June 2005; in June 2007, one hundred per cent of the	81009
amount credited in June 2006.	81010

(H) The total amount credited to the Local Government Fund	81011
and the Local Government Revenue Assistance Fund in each month	81012
during the period July 2005 through November 2005 shall be	81013
distributed by the tenth day of the immediately succeeding month	81014
in the following manner, and the total amount credited to the	81015
Library and Local Government Support Fund in each month during the	81016
period July 2005 through June 2007 shall be distributed by the	81017
tenth day of the immediately succeeding month in the following	81018
manner:	81019

(1) Each county undivided local government fund shall receive	81020
a distribution from the Local Government Fund based on its	81021
proportionate share of the total amount received from the fund in	81022
such respective month for the period August 1, 2004, through	81023
December 31, 2004.	81024

(2) Each municipal corporation receiving a direct	81025
distribution from the Local Government Fund shall receive a	81026
distribution based on its proportionate share of the total amount	81027
received from the fund in such respective month for the period	81028
August 1, 2004, through December 31, 2004.	81029

(3) Each county undivided local government revenue assistance	81030
fund shall receive a distribution from the Local Government	81031
Revenue Assistance Fund based on its proportionate share of the	81032
total amount received from the fund in such respective month for	81033
the period August 1, 2004, through December 31, 2004.	81034

(4) Each county undivided library and local government	81035
support fund shall receive a distribution from the Library and	81036
Local Government Support Fund based on its proportionate share of	81037
the total amount received from the fund in such respective month	81038
for the period August 1, 2004, through July 31, 2005.	81039

(I) The total amount credited to the Local Government Fund	81040
and the Local Government Revenue Assistance Fund in each month	81041
during the period December 2005 through June 2007 shall be	81042
distributed by the tenth day of the immediately succeeding month	81043
in the following manner:	81044

(1) Each county undivided local government fund and each	81045
county undivided local government revenue assistance fund shall	81046
receive the "countywide township and village distribution" for	81047
each respective fund, as determined under divisions (I)(1)(a) and	81048
(b) of this section.	81049

(a) The countywide township and village distribution is	81050
determined as follows: For each county undivided local government	81051
fund and each county undivided local government revenue assistance	81052
fund, the Tax Commissioner shall identify the proportionate shares	81053
of the distributions made from each fund to townships and villages	81054
located partially or entirely in that county, as reported by the	81055
county auditor for calendar year 2005 under division (J) of	81056
section 5747.51 and division (I) of section 5747.62 of the Revised	81057
Code, respectively. For each county and each fund, the Tax	81058
Commissioner shall compute the sum of the proportionate shares of	81059
distributions to townships and villages, and shall next multiply	81060
the sum for each fund by the amount distributed each month to the	81061
county undivided local government fund from the local government	81062
fund and by the amount distributed each month to the county	81063
undivided local government revenue assistance fund from the local	81064
government revenue assistance fund, respectively, during the	81065
period January 2005 through December 2005.	81066

(b) The Tax Commissioner shall multiply each product derived	81067
in division (I)(1)(a) of this section by ninety per cent to yield	81068
that month's countywide township and village distribution for each	81069
fund and each county.	81070

(c) Only those subdivisions reported as townships and those	81071
municipal corporations reported as villages in the most recent	81072
edition of the Secretary of State's "Ohio Municipal, Township and	81073
School Board Roster," available as of November 1, 2005, shall be	81074
considered to be townships or villages, respectively, for purposes	81075
of this section. Townships and villages that are dissolved or that	81076
merge with another subdivision on or after August 1, 2005, may be	81077
excluded from the calculation of the countywide township and	81078
village distribution.	81079

(2) In addition to the distributions provided in divisions	81080
(I)(1) and (I)(5) of this section, each county undivided local	81081
government fund and each county undivided local government revenue	81082
assistance fund shall receive the "other taxing unit distribution"	81083
computed for each fund under divisions (I)(2)(a) and (b) of this	81084
section.	81085

(a) The monthly product calculated pursuant to division	81086
(I)(1)(a) of this section and the monthly distribution to a county	81087
determined under division (I)(5)(a) of this section for each	81088
county undivided local government fund shall be subtracted from	81089
the county undivided local government fund distribution made from	81090
the local government fund in such respective month during the	81091
period January 2005 through December 2005. The difference shall be	81092
multiplied by eighty per cent.	81093

(b) The monthly product calculated pursuant to division	81094
(I)(1)(a) of this section and the monthly distribution to a county	81095
determined under division (I)(5)(a) of this section for each	81096
county undivided local government revenue assistance fund shall be	81097
subtracted from the county undivided local government revenue	81098
assistance fund distribution made from the local government	81099
revenue assistance fund in such respective month during the period	81100
January 2005 through December 2005. The difference shall be	81101
multiplied by eighty per cent.	81102

(3) Each municipal corporation identified by the Tax	81103
Commissioner as a village under division (I)(1)(c) of this section	81104
shall receive in each month an amount directly from the Local	81105
Government Fund equal to ninety per cent of the amount the	81106
municipal corporation received directly from that fund in such	81107
respective month during the period January 1, 2005, through	81108
December 31, 2005.	81109

(4) Except for villages receiving amounts pursuant to	81110
division (I)(3) of this section, each municipal corporation shall	81111
receive in each month an amount directly from the Local Government	81112
Fund that is equal to eighty per cent of the amount the municipal	81113
corporation received directly from that fund in such respective	81114
month during the period January 1, 2005, through December 31,	81115
2005.	81116

(5) Each county undivided local government fund and each	81117
county undivided local government revenue assistance fund shall	81118
receive the "county distribution" for each respective fund, as	81119
determined under divisions (I)(5)(a) and (b) of this section.	81120

(a) The county distribution is determined as follows: For	81121
each county undivided local government fund and each county	81122
undivided local government revenue assistance fund, the Tax	81123
Commissioner shall identify the distribution made from each fund	81124
to the county as a subdivision, as reported by the county auditor	81125
for calendar year 2005 under division (J) of section 5747.51 and	81126
division (I) of section 5747.62 of the Revised Code, respectively.	81127
For each county and each fund, the Tax Commissioner shall	81128
determine the amount distributed each month to the county as a	81129
subdivision during the period January 2005 through December 2005.	81130

(b) Except as provided in division (I)(5)(c) of this section,	81131
the Tax Commissioner shall multiply the amount derived in division	81132
(I)(5)(a) of this section by eighty per cent to yield that month's	81133
county distribution for each fund and each county.	81134

(c) If a county auditor submits to the Auditor of State a	81135
report on or before October 1, 2005, that describes efforts on the	81136
part of the county to reduce costs by consolidating services and	81137
engaging in regional cooperation, specifies costs savings	81138
resulting from consolidation of services and regional cooperation,	81139
and describes the county's future plans with respect to	81140
consolidating services and engaging in regional cooperation as	81141
described in division (I)(5)(d) of this section, then for each	81142
month following the month in which such report is filed, the Tax	81143
Commissioner shall multiply the amount derived in division	81144
(I)(5)(a) of this section by ninety per cent to yield that month's	81145
county distribution for the county's funds. By October 15, 2005,	81146
the Auditor of State shall notify the Tax Commissioner of which	81147
counties have filed the report described in this division on or	81148
before October 1, 2005.	81149

(d) The report described in division (I)(5)(c) of this	81150
section shall describe a county's future plans with respect to	81151
consolidating services, including, but not limited to,	81152
consolidating fire, police, water, sewer, and solid waste services	81153
provided by the county. The report shall describe any efforts	81154
already undertaken by the county to analyze how these future	81155
consolidation efforts would impact costs and affect existing	81156
collective bargaining agreements. If no such analyses have been	81157
undertaken by the county at the time the report is filed, the	81158
report shall set forth a timeline for completing the analyses.	81159

The report also shall describe a county's future plans with	81160
respect to cooperating with one or more neighboring political	81161
subdivisions in the financing of operations that serve all of the	81162
subdivisions. The report shall describe a county's future plans,	81163
if any, to cooperate with other political subdivisions in the	81164
consolidation of purchasing or construction functions.	81165

(e) The report described in division (I)(5)(c) of this	81166
section shall be used by the Auditor of State for informational	81167
purposes only. The Auditor of State shall have no authority to	81168
approve or disapprove any plan described by a county in its	81169
report.	81170

(J) Notwithstanding the distribution method prescribed by	81171
divisions (C) to (I) of section 5747.51 or by section 5747.53 of	81172
the Revised Code, during the period January 1, 2006, through July	81173
31, 2007, the amounts allocated monthly to each county undivided	81174
local government fund from the local government fund shall be	81175
distributed among all subdivisions located wholly or partially in	81176
the county in the manner prescribed by division (J) of this	81177
section.	81178

(1) The countywide township and village distribution shall be	81179
distributed among townships and villages based on their relative	81180
proportionate shares of the sum of the township and village	81181
proportionate shares described in division (I)(1)(a) of this	81182
section.	81183

(2) The countywide non-township and non-village distribution	81184
shall be distributed to subdivisions not otherwise included in	81185
division (J)(1) of this section based on their relative	81186
proportionate shares of the sum of proportionate shares for such	81187
subdivisions based on the calendar year 2005 report submitted by	81188
the county auditor to the Tax Commissioner pursuant to division	81189
(J) of section 5747.51 of the Revised Code.	81190

(3) By December 20, 2005, the Tax Commissioner shall make the	81191
following county undivided local government fund information	81192
available to each county auditor: the countywide township and	81193
village distribution for the county for each month during the	81194
January 2006 through July 2007 period; a list of the county's	81195
subdivisions that are considered to be villages and townships	81196
under this section and their associated relative shares pursuant	81197
to division (J)(1) of this section; the countywide non-township	81198
and non-village distribution for the county for each month during	81199
the January 2006 through July 2007 period; a list of the county's	81200
subdivisions that are not considered to be villages or townships	81201
under this section and their associated relative shares pursuant	81202
to division (J)(2) of this section; and any other information	81203
deemed reasonable and appropriate for the purposes of making the	81204
distributions required by this section.	81205

(4) Until the county auditor provides the Tax Commissioner	81206
the report required by division (J) of section 5747.51 for	81207
calendar year 2005, the amounts distributed to the county	81208
undivided local government fund that are subsequently apportioned	81209
to subdivisions under this section shall be based on the most	81210
recent year for which a report has been submitted. If a county	81211
auditor report for a calendar year preceding calendar year 2005 is	81212
used to make the distributions under this section and the county	81213
auditor report for calendar year 2005 report is subsequently	81214
submitted to the Tax Commissioner, there shall be no adjustment	81215
for any month when such pre-calendar year 2005 report information	81216
was used.	81217

(5) Dealer in intangibles tax distributions are not affected	81218
by this section.	81219

(K) Notwithstanding the distribution method prescribed by	81220
divisions (C) to (H) of section 5747.62 or by section 5747.63 of	81221
the Revised Code, during the period January 1, 2006, through July	81222
31, 2007, the amounts allocated monthly to each county undivided	81223
local government revenue assistance fund from the local government	81224
revenue assistance fund shall be distributed among all	81225
subdivisions located wholly or partially in the county in the	81226
manner prescribed by division (K) of this section.	81227

(1) The countywide township and village distribution shall be	81228
distributed among townships and villages based on their relative	81229
proportionate shares of the sum of the township and village	81230
proportionate shares described in division (I)(1)(a) of this	81231
section.	81232

(2) The countywide non-township and non-village distribution	81233
shall be distributed to subdivisions not otherwise included in	81234
division (K)(1) of this section based on their relative	81235
proportionate shares of the sum of proportionate shares for such	81236
subdivisions based on the calendar year 2005 report submitted by	81237
the county auditor to the Tax Commissioner pursuant to division	81238
(I) of section 5747.62 of the Revised Code.	81239

(3) By December 20, 2005, the Tax Commissioner shall make the	81240
following county undivided local government revenue assistance	81241
fund information available to each county auditor: the countywide	81242
township and village distribution for the county for each month	81243
during the January 2006 through July 2007 period; a list of the	81244
county's subdivisions that are considered to be villages and	81245
townships under this section and their associated relative shares	81246
pursuant to division (K)(1) of this section; the other taxing unit	81247
distribution for the county for each month during the January 2006	81248
through July 2007 period; the county distribution for such county	81249
for each month and each fund during the January 2006 through July	81250
2007 period; a list of such county's subdivisions that are not	81251
considered to be villages and townships under this section and	81252
their associated relative shares pursuant to division (K)(2) of	81253
this section; and any other information deemed reasonable and	81254
appropriate for the purposes of making the distributions required	81255
by this section.	81256

(4) Until the county auditor provides the Tax Commissioner	81257
the report required by division (I) of section 5747.62 for	81258
calendar year 2005, the amounts distributed to the county	81259
undivided local government revenue assistance fund that are	81260
subsequently apportioned to subdivisions under this section shall	81261
be based on the most recent year for which a report has been	81262
submitted. If a county auditor report for a calendar year	81263
preceding calendar year 2005 is used to make the distributions	81264
under this section and the county auditor report for calendar year	81265
2005 report is subsequently submitted to the Tax Commissioner,	81266
there shall be no adjustment for any month when such pre-calendar	81267
year 2005 report information was used.	81268

(L) For the 2005, 2006, and 2007 distribution years, the Tax	81269
Commissioner is not required to issue the certifications otherwise	81270
required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of	81271
the Revised Code, but shall provide to each county auditor by the	81272
twentieth day of July 2005, July 2006, and July 2007 an estimate	81273
of the amounts to be received by the county in the ensuing year	81274
from the Local Government Fund, Local Government Revenue	81275
Assistance Fund, and Library and Local Government Support Fund	81276
pursuant to this section and any pertinent section of the Revised	81277
Code. For the 2006 distribution year, the Tax Commissioner shall	81278
provide by December 20, 2005, a revised estimate of the amounts to	81279
be received by the county in the ensuing year from the Local	81280
Government Fund, Local Government Revenue Assistance Fund, and	81281
Library and Local Government Support Fund pursuant to this section	81282
and any pertinent section of the Revised Code. At the discretion	81283
of the Tax Commissioner, the Tax Commissioner may report to each	81284
county auditor additional revised estimates of the 2005, 2006, or	81285
2007 distributions at any time during the period July 1, 2005,	81286
through July 31, 2007.	81287

(M) During the period July 1, 2005, through July 31, 2007,	81288
the Director of Budget and Management shall issue such directives	81289
to state agencies that are necessary to ensure that the	81290
appropriate amounts are distributed to the Local Government Fund,	81291
to the Local Government Revenue Assistance Fund, and to the	81292
Library and Local Government Support Fund.	81293

Section 557.13. (A) It is the intent of the General Assembly	81294
that section 5751.02 of the Revised Code, as enacted by this act,	81295
be applied in a manner that is consistent with and identical to	81296
the situsing provisions that apply to the corporation franchise	81297
tax.	81298

(B) Section 5751.02 of the Revised Code, as enacted by this	81299
act and relating to the situsing of gross receipts, shall be	81300
interpreted and applied by the Tax Commissioner in a manner that	81301
is consistent with the body of case law addressing the situsing of	81302
sales for purposes of the sales factor as determined under Chapter	81303
5733. of the Revised Code, and in a manner that is consistent with	81304
the Tax Commissioner's prior treatment of the corporation	81305
franchise tax sales factor situsing law for taxpayers under that	81306
chapter.	81307

(C) For purposes of section 5751.02 of the Revised Code, as	81308
enacted by this act, tangible personal property that is delivered	81309
into a foreign trade zone located in Ohio to a person within such	81310
foreign trade zone, solely for purposes of further delivery out of	81311
this state and without regard to the passage of title and to	81312
repackaging for further shipping purposes, shall be sitused to the	81313
location at which the person or person's affiliated customer	81314
completes the delivery of the property to locations outside of	81315
Ohio. For purpose of this section, "person's affiliated customer"	81316
means any person that is a member of the consolidated elected	81317
taxpayer of which the person that initially received such property	81318
in the foreign trade zone is also a member.	81319

Section 557.14. (A) The amendment by this act to section	81320
5709.07 of the Revised Code is intended to clarify the exemption	81321
in division (A)(4) of that section, and applies to all	81322
applications pending, as of July 1, 2005, for exemption under that	81323
division, and to all future applications for exemption under that	81324
division filed on or after that date.	81325

(B) Notwithstanding the possibility that buildings and lands	81326
may qualify for a real property tax exemption under another	81327
section of the Revised Code specifically applicable to such	81328
buildings and lands, buildings and lands that are described in	81329
divisions (A)(4)(a) to (c) of section 5709.07 of the Revised Code,	81330
as amended by this act, are nonetheless entitled to the exemption	81331
under division (A)(4) of that section, as amended by this act.	81332

Section 557.15. The amendment by this act of sections 319.302	81333
and 323.152 of the Revised Code first applies in tax year 2005.	81334

Section 557.18. Section 319.54 of the Revised Code, as	81335
amended by this act, applies to any conveyance of real property	81336
presented to the county auditor on or after July 1, 2005,	81337
regardless of its time of execution or delivery.	81338

Section 557.21. The amendment by this act of section 5727.81	81339
of the Revised Code first applies to the measurement period that	81340
includes July 1, 2005.	81341

Section 557.24. The amendment by this act of sections	81342
5731.01, 5731.05, 5731.131, 5731.14, 5731.18, and 5731.181 of the	81343
Revised Code, and the repeal by this act of section 5731.20 of the	81344
Revised Code, applies to estates of decedents dying on or after	81345
the effective date of those sections as amended by this act.	81346

Section 557.27. The amendment by this act of section 5733.40	81347
of the Revised Code applies to taxable years ending on or after	81348
the effective date of this act.	81349

Section 557.30. Except as otherwise provided in division	81350
(A)(18) of section 5747.01 and division (A) of section 5747.02 of	81351
the Revised Code, the amendment by this act of sections 5747.01	81352
and 5747.02 of the Revised Code applies to taxable years ending on	81353
or after the effective date of this section.	81354

Section 557.33. The amendment by this act of section 5747.05	81355
of the Revised Code applies to taxable years ending on or after	81356
the effective date of this section.	81357

Section 560.03. There is hereby created the Ohio Military	81358
Reserve Homeland Security Study Commission to evaluate the role	81359
and effectiveness of the Ohio Military Reserve. The Commission	81360
shall consist of seven members: the Chairperson of the House	81361
Commerce and Labor Committee, who shall serve as chairperson of	81362
the Commission, two members of the House of Representatives whom	81363
the Speaker of the House of Representatives shall appoint, two	81364
members of the Senate whom the President of the Senate shall	81365
appoint, the Adjutant General or a representative the Adjutant	81366
General designates, and the Director of Public Safety or a	81367
representative the Director designates. The chairperson shall call	81368
the meetings of the Commission. The Commission shall report its	81369
findings to the General Assembly before January 1, 2006.	81370

Section 563.03. It is the intention of the General Assembly	81371
that the amendments made by this act to sections 3319.081 and	81372
3319.17 of the Revised Code, and the enactment by this act of	81373
section 3319.172 of the Revised Code, shall apply to existing	81374
collective bargaining agreements between public employers and	81375
public employees notwithstanding any other provision of law, such	81376
amendments and enactment being essential and necessary for the	81377
public welfare by enabling sound fiscal management practices in	81378
the operation of the public schools and public school programs.	81379

Section 566.03. As used in this section, "municipal public	81380
safety director" has the same meaning as in section 145.01 of the	81381
Revised Code, as amended by this act.	81382

Not later than ninety days after the effective date of this	81383
section, each municipal public safety director who is a member of	81384
the Public Employees Retirement System shall indicate to the	81385
retirement system, on a form supplied by the retirement system, a	81386
choice of whether to receive benefits under division (A) of	81387
section 145.33 of the Revised Code or under division (B) of that	81388
section.	81389

Section 606.03. If any item of law that constitutes the whole	81390
or part of a codified or uncodified section of law contained in	81391
this act, or if any application of any item of law that	81392
constitutes the whole or part of a codified or uncodified section	81393
of law contained in this act, is held invalid, the invalidity does	81394
not affect other items of law or applications of items of law that	81395
can be given effect without the invalid item of law or	81396
application. To this end, the items of law of which the codified	81397
and uncodified sections contained in this act are composed, and	81398
their applications, are independent and severable.	81399

Section 609.03. An item of law, other than an amending,	81400
enacting, or repealing clause, that composes the whole or part of	81401
an uncodified section contained in this act has no effect after	81402
June 30, 2007, unless its context clearly indicates otherwise.	81403

Section 612.03. Except as otherwise specifically provided in	81404
this act, the codified sections of law amended or enacted in this	81405
act, and the items of law of which the codified sections of law	81406
amended or enacted in this act are composed, are subject to the	81407
referendum. Therefore, under Ohio Constitution, Article II,	81408
Section 1c and section 1.471 of the Revised Code, the codified	81409
sections of law amended or enacted by this act, and the items of	81410
law of which the codified sections of law as amended or enacted by	81411
this act are composed, take effect on the ninety-first day after	81412
this act is filed with the Secretary of State. If, however, a	81413
referendum petition is filed against any such codified section of	81414
law as amended or enacted by this act, or against any item of law	81415
of which any such codified section of law as amended or enacted by	81416
this act is composed, the codified section of law as amended or	81417
enacted, or item of law, unless rejected at the referendum, takes	81418
effect at the earliest time permitted by law.	81419

Section 612.06. Except as otherwise specifically provided in	81420
this act, the repeal by this act of a codified section of law is	81421
subject to the referendum. Therefore, under Ohio Constitution,	81422
Article II, Section 1c and section 1.471 of the Revised Code, the	81423
repeal by this act of a codified section of law takes effect on	81424
the ninety-first day after this act is filed with the Secretary of	81425
State. If, however, a referendum petition is filed against any	81426
such repeal, the repeal, unless rejected at the referendum, takes	81427
effect at the earliest time permitted by law.	81428

Section 612.09. The sections of law amended, enacted, or	81429
repealed by this act that are listed in this section are subject	81430
to the referendum. Therefore, under Ohio Constitution, Article II,	81431
Section 1c and section 1.471 of the Revised Code, the sections,	81432
and the items of law of which they are composed, take effect as	81433
specified in this section. If, however, a referendum petition is	81434
filed against any such section as amended, enacted, or repealed,	81435
or against any item of law of which any such section as amended or	81436
enacted is composed, the section as amended, enacted, or repealed	81437
goes into effect at the earliest time permitted by law that is on	81438
or after the effective date specified in this section.	81439

Sections 9.24, 120.52, 120.53, 131.23, 317.08, 317.36,	81440
323.01, 329.051, 340.03, 340.16, 1901.26, 1907.24, 2303.201,	81441
2305.234, 2744.05, 3111.04, 3119.54, 3121.12, 3121.50, 3317.10,	81442
3702.74, 4123.27, 4705.09, 4731.65, 4731.71, 4736.11, 5101.181,	81443
5101.241, 5101.26, 5101.31, 5101.36, 5104.38, 5107.26, 5110.01,	81444
5110.05, 5111.021 (5111.022), 5111.022 (5111.023), 5111.023	81445
(5111.0114), 5111.025, 5111.062, 5111.10, 5111.85, 5111.851,	81446
5111.852, 5111.853, 5111.854, 5111.855, 5111.89, 5111.891,	81447
5111.892, 5111.893, 5111.914, 5111.97 (5111.86), 5112.03, 5112.08,	81448
5112.17, 5115.10, 5115.11, 5115.12, 5115.13, 5115.14, 5115.20,	81449
5115.22, 5115.23, and 5119.61 of the Revised Code take effect	81450
October 1, 2005.	81451

Sections 4753.03, 4753.06, 4753.071, 4753.08, 4753.09,	81452
5101.803, 5107.05, 5107.30, and 5107.301 of the Revised Code take	81453
effect January 1, 2006.	81454

Sections 3301.0710, 3301.0711, and 3301.0714 of the Revised	81455
Code take effect July 1, 2006.	81456

Section 612.12. Sections 108.05, 109.57, 109.572, 109.91,	81457
120.36, 121.37, 121.38, 121.381, 121.382, 122.011, 122.083,	81458
123.17, 125.05, 125.831, 125.832, 126.25, 131.02, 131.022, 133.09,	81459
141.011, 141.04, 147.05, 147.10, 147.11, 147.12, 147.371, 181.251	81460
(5502.63), 181.51 (5502.61), 181.52 (5502.62), 181.54 (5502.64),	81461
181.55 (5502.65), 181.56 (5502.66), 183.28, 339.72, 339.88,	81462
742.59, 901.43, 901.44, 905.32, 905.33, 905.331, 905.36, 905.37,	81463
905.38, 905.381, 905.50, 905.66, 907.16, 911.02, 913.02, 913.23,	81464
915.02, 915.16, 915.24, 921.02, 921.16, 923.44, 923.45, 923.46,	81465
927.69, 1327.511, 1327.62, 1327.70, 1327.71, 1327.99, 1502.02,	81466
1515.14, 1541.03, 1713.03, 2113.041, 2151.416, 2152.74, 2901.07,	81467
2923.25, 3107.10, 3125.191, 3301.311, 3301.32, 3301.86, 3301.88,	81468
3310.01, 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07,	81469
3310.08, 3310.09, 3310.10, 3310.11, 3310.12, 3310.13, 3310.14,	81470
3310.15, 3310.16, 3310.17, 3313.975, 3313.976, 3313.977, 3313.978,	81471
3313.98, 3314.013, 3314.021, 3314.06, 3314.061, 3314.074, 3314.08,	81472
3314.13, 3316.043, 3317.01, 3317.012, 3317.013, 3317.02, 3317.021,	81473
3317.022, 3317.023, 3317.026, 3317.027, 3317.028, 3317.0212,	81474
3317.0216, 3317.0217, 3317.03, 3317.034, 3317.035, 3317.05,	81475
3317.052, 3317.053, 3317.06, 3317.081, 3317.16, 3317.20, 3317.201,	81476
3317.21 (3318.47), 3317.22 (3318.48), 3317.23 (3318.49), 3317.50,	81477
3317.51, 3318.011, 3318.33, 3319.22, 3319.235, 3323.091, 3323.14,	81478
3323.16, 3325.11, 3325.12, 3325.16, 3325.17, 3333.36, 3353.01,	81479
3353.06, 3353.07, 3365.01, 3365.02, 3365.021, 3365.04, 3365.041,	81480
3365.05, 3365.07, 3365.08, 3365.10, 3365.11, 3701.146, 3702.141,	81481
3702.68, 3702.83, 3709.29, 3709.34, 3712.03, 3714.073, 3715.04,	81482
3721.03, 3721.032, 3721.07, 3721.15, 3721.21, 3721.541, 3734.57,	81483
3734.901, 3734.9010, 3743.57, 3745.015, 3745.11, 3745.114,	81484
3748.07, 3748.13, 3770.061, 3793.09, 3901.021, 3901.17, 3905.36,	81485
4112.12, 4511.75, 4519.02, 4519.09, 4736.12, 4905.10, 4911.18,	81486
4973.171, 5101.07, 5101.071, 5101.21, 5101.46, 5101.461, 5101.821,	81487
5104.01, 5104.32, 5110.352, 5111.019, 5111.061, 5111.072,	81488
5111.082, 5111.11, 5111.111, 5111.112 (5111.113), 5111.113	81489
(5111.114), 5111.16, 5111.176, 5111.177, 5111.19, 5111.191,	81490
5111.98, 5112.30, 5112.341, 5120.09, 5120.51, 5139.01, 5502.01,	81491
5540.01, 5540.032, 5540.09, 5709.40, 5709.41, 5709.73, 5709.77,	81492
5709.78, 5731.39, and 6109.21 of the Revised Code as amended or	81493
enacted by this act, and the items of law of which such sections	81494
as amended or enacted by this act are composed, are not subject to	81495
the referendum. Therefore, under Ohio Constitution, Article II,	81496
Section 1d and section 1.471 of the Revised Code, such sections as	81497
amended or enacted by this act, and the items of law of which such	81498
sections as amended or enacted by this act are composed, go into	81499
immediate effect when this act becomes law.	81500

Section 612.12.03. New sections 5111.02 and 5111.112 of the	81501
Revised Code as enacted by this act, and the items of law of which	81502
such sections as enacted by this act are composed, are not subject	81503
to the referendum. Therefore, under Ohio Constitution, Article II,	81504
Section 1d and section 1.471 of the Revised Code, such sections as	81505
enacted by this act, and the items of law of which such sections	81506
as enacted by this act are composed, go into immediate effect when	81507
this act becomes law.	81508

Section 612.15. The repeal by this act of sections 181.53,	81509
339.77, 742.36, 3301.31, 3301.33, 3301.34, 3301.35, 3301.36,	81510
3301.37, 3301.38, 3301.80, 3301.85, 3301.87, 3317.0213, 3353.02,	81511
3353.03, and 3353.04 of the Revised Code is not subject to the	81512
referendum. Therefore, under Ohio Constitution, Article II,	81513
Section 1d and section 1.471 of the Revised Code, the repeals go	81514
into immediate effect when this act becomes law.	81515

Section 612.18. The sections of law amended, enacted, or	81516
repealed by this act that are listed in this section are not	81517
subject to the referendum. Therefore, under Ohio Constitution,	81518
Article II, Section 1d and section 1.471 of the Revised Code, the	81519
sections as amended, enacted, or repealed, and the items of law of	81520
which as amended or enacted they are composed, go into effect as	81521
specified in this section.	81522

Sections 140.01, 3323.021, 3721.01, 3721.50, 3721.51,	81523
3721.511, 3721.52, 3721.541, 3721.56, 3721.561, 3721.58, 3722.01,	81524
3722.02, 4117.24, 5111.041, 5111.042, 5111.20, 5111.21, 5111.22,	81525
5111.221, 5111.222, 5111.23, 5111.231 (5111.232), 5111.234,	81526
5111.235, 5111.24, 5111.241, 5111.242, 5111.25, 5111.251,	81527
5111.254, 5111.255, 5111.256, 5111.257 (5111.258), 5111.26,	81528
5111.261, 5111.262, 5111.263, 5111.264, 5111.265, 5111.266,	81529
5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, 5111.32,	81530
5111.33, 5111.34, 5112.31, 5123.01, 5123.041, 5123.046, 5123.047,	81531
5123.048, 5123.049, 5123.0412, 5123.34, 5123.71, 5123.76, 5126.01,	81532
5126.035, 5126.042, 5126.054, 5126.055, 5126.056, 5126.057,	81533
5126.12, 5705.091, 5709.40, 5709.73, and 5709.78 of the Revised	81534
Code take effect July 1, 2005.	81535

New sections 5111.231, 5111.257, and 5111.262 of the Revised	81536
Code take effect July 1, 2005.	81537

Section 3317.029 of the Revised Code takes effect July 1,	81538
2006.	81539

Section 612.19. New sections 5111.231, 5111.29, and 5111.31	81540
of the Revised Code, as enacted by this act, and the items of law	81541
of which such sections as enacted by this act are composed, are	81542
not subject to the referendum. Therefore, under Ohio Constitution,	81543
Article II, Section 1d and section 1.471 of the Revised Code, such	81544
sections as enacted by this act, and the items of law of which	81545
such sections as enacted by this act are composed, take effect	81546
July 1, 2005.	81547

Section 612.20. Sections 5111.221 and 5111.251 of the Revised	81548
Code, as repealed and reenacted by this act, and the items of law	81549
of which such sections as repealed and reenacted by this act are	81550
composed, are not subject to the referendum. Therefore, under Ohio	81551
Constitution, Article II, Section 1d and section 1.471 of the	81552
Revised Code, such sections as repealed and reenacted by this act,	81553
and the items of law of which such sections as repealed and	81554
reenacted by this act are composed, take effect July 1, 2005.	81555

Section 612.21. The amendment or enactment by this act of	81556
sections 122.17, 122.171, 131.46, 140.08, 150.07, 150.10, 319.302,	81557
319.54, 323.152, 325.31, 1548.06, 2921.13, 4505.06, 5701.03,	81558
5703.052, 5703.053, 5703.057, 5703.47, 5703.50, 5703.70, 5707.031,	81559
5711.21, 5711.22, 5715.24, 5719.041, 5725.19, 5727.01, 5727.02,	81560
5727.031, 5727.06, 5727.10, 5727.11, 5727.111, 5727.12, 5727.241,	81561
5727.81, 5727.82, 5728.01, 5728.02, 5728.03, 5728.04, 5728.06,	81562
5728.08, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, 5731.18,	81563
5731.181, 5731.22, 5731.23, 5731.41, 5733.01, 5733.33, 5733,351,	81564
5733.352, 5733.40, 5733.41, 5733.49, 5739.01, 5739.02, 5739.025,	81565
5739.10, 5741.02, 5743.01, 5743.021, 5743.03, 5743.031, 5743.05,	81566
5743.071, 5743.072, 5743.08, 5743.14, 5743.15, 5743.16, 5743.18,	81567
5743.19, 5743.20, 5743.71, 5743.72, 5743.73, 5743.74, 5743.75,	81568
5743.76, 5747.02, 5747.05, 5747.056, 5747.08, 5747.331, 5747.80,	81569
5747.98, 5748.01, 5748.02, 5748.03, 5748.04, 5748.08, 5751.01,	81570
5751.011, 5751.012, 5751.02, 5751.021, 5751.03, 5751.031,	81571
5751.032, 5751.033, 5751.034, 5751.04, 5751.05, 5751.06, 5751.07,	81572
5751.08, 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, 5751.20,	81573
5751.21, 5751.22, 5751.31, 5751.50, 5751.51, 5751.52, 5751.98, and	81574
5751.99 of the Revised Code provides for or is essential to	81575
implementation of a tax levy. Therefore, under Ohio Constitution,	81576
Article II, Section 1d, the amendments and enactments, and the	81577
items of which they are composed, are not subject to the	81578
referendum and go into immediate effect when this act becomes law.	81579

Section 612.24. The repeal by this act of section 5731.20 of	81580
the Revised Code provides for or is essential to implementation of	81581
a tax levy. Therefore, under Ohio Constitution, Article II,	81582
Section 1d, the repeal is not subject to the referendum and goes	81583
into immediate effect when this act becomes law.	81584

Section 612.27. The amendment, enactment, or repeal by this	81585
act of the sections of law that are listed in this section	81586
provides for or is essential to implementation of a tax levy.	81587
Therefore, under Ohio Constitution, Article II, Section 1d, the	81588
amendments, enactments, and repeals, and the items of which any	81589
such amendment or enactment is composed, are not subject to the	81590
referendum and go into effect as specified in this section.	81591

Sections 4301.42, 4301.43, 4305.01, 5703.80, 5709.07,	81592
5733.065, 5733.066, 5733.122, 5743.02, 5743.32, 5743.33, 5743.331,	81593
5743.51, 5743.62, and 5743.63 of the Revised Code take effect July	81594
1, 2005.	81595

Section 612.30. (A) Except as otherwise provided in division	81596
(B) of this section, the amendments by this act to section 127.16	81597
of the Revised Code are not subject to the referendum. Therefore,	81598
under Ohio Constitution, Article II, Section 1d and section 1.471	81599
of the Revised Code, the amendments take effect July 1, 2005.	81600

(B) The amendment to division (D)(2) of section 127.16 of the	81601
Revised Code is subject to the referendum. Therefore, under Ohio	81602
Constitution, Article II, Section 1c and section 1.471 of the	81603
Revised Code, the amendment takes effect October 1, 2005. If,	81604
however, a referendum petition is filed against the amendment, the	81605
amendment, unless rejected at the referendum, takes effect at the	81606
earliest time permitted by law that is on or after the effective	81607
date specified in this division.	81608

Section 612.33. (A) Except as otherwise provided in division	81609
(B) of this section, the amendments by this act to section 321.24	81610
of the Revised Code provides for or is essential to implementation	81611
of a tax levy. Therefore, under Ohio Constitution, Article II,	81612
Section 1d, the amendments are not subject to the referendum and	81613
go into immediate effect when this act becomes law.	81614

(B) The amendment to division (F) of section 321.24 of the	81615
Revised Code provides for or is essential to implementation of a	81616
tax levy. Therefore, under Ohio Constitution, Article II, Section	81617
1d, the amendment takes effect July 1, 2005.	81618

Section 612.36. (A) Except as otherwise provided in division	81619
(B) of this section, the amendments by this act to section 329.04	81620
of the Revised Code are not subject to the referendum. Therefore,	81621
under Ohio Constitution, Article II, Section 1d and section 1.471	81622
of the Revised Code, the amendments go into immediate effect.	81623

(B) The amendments to divisions (A)(3) to (9) of section	81624
329.04 of the Revised Code are subject to the referendum.	81625
Therefore, under Ohio Constitution, Article II, Section 1c and	81626
section 1.471 of the Revised Code, the amendments take effect	81627
October 1, 2005. If, however, a referendum petition is filed	81628
against the amendments, the amendments, unless rejected at the	81629
referendum, take effect at the earliest time permitted by law that	81630
is on or after the effective date specified in this division.	81631

Section 612.37. (A) Except as otherwise provided in division	81632
(B) of this section, the amendments to section 3314.02 of the	81633
Revised Code are subject to the referendum. Therefore, under Ohio	81634
Constitution, Article II, Section 1c and section 1.471 of the	81635
Revised Code, the amendments go into effect on the ninety-first	81636
day after this act is filed with the Secretary of State. If,	81637
however, a referendum petition is filed against the amendments,	81638
the amendments, unless rejected at the referendum, take effect at	81639
the earliest time permitted by law.	81640

(B) The amendment striking the paragraph immediately	81641
following division (C)(1)(f)(iii) of section 3314.02 of the	81642
Revised Code is not subject to the referendum. Therefore, under	81643
Ohio Constitution, Article II, Section 1d and section 1.471 of the	81644
Revised Code, the amendment goes into immediate effect when this	81645
act becomes law.	81646

Section 612.38. (A) Except as otherwise provided in division	81647
(B) of this section, the amendments by this act to section 3314.03	81648
of the Revised Code are not subject to the referendum. Therefore,	81649
under Ohio Constitution, Article II, Section 1d and section 1.471	81650
of the Revised Code, the amendments go into immediate effect.	81651

(B) The amendments adding divisions (A)(25) and (F) to	81652
section 3314.03 of the Revised Code are subject to the referendum.	81653
Therefore, under Ohio Constitution, Article II, Section 1c and	81654
section 1.471 of the Revised Code, the amendments take effect on	81655
the ninety-first day after this act is filed with the Secretary of	81656
State. If, however, a referendum petition is filed against the	81657
amendments, the amendments, unless rejected at the referendum,	81658
take effect at the earliest time permitted by law.	81659

Section 612.39. (A) Except as otherwise provided in division	81660
(B) of this section, the amendments by this act to section	81661
3317.024 of the Revised Code are not subject to the referendum.	81662
Therefore, under Ohio Constitution, Article II, Section 1d and	81663
section 1.471 of the Revised Code, the amendments go into	81664
immediate effect.	81665

(B) The amendment to division (J) of section 3317.024 of the	81666
Revised Code is subject to the referendum. Therefore, under Ohio	81667
Constitution, Article II, Section 1c and section 1.471 of the	81668
Revised Code, the amendment takes effect on the ninety-first day	81669
after this act is filed with the Secretary of State. If, however,	81670
a referendum petition is filed against the amendment, the	81671
amendment, unless rejected at the referendum, takes effect at the	81672
earliest time permitted by law.	81673

Section 612.45. (A) Except as otherwise provided in division	81674
(B) of this section, the amendments by this act to section 3702.51	81675
of the Revised Code are not subject to the referendum. Therefore,	81676
under Ohio Constitution, Article II, Section 1d and section 1.471	81677
of the Revised Code, the amendments go into immediate effect.	81678

(B) The amendment to division (G)(10) of section 3702.51 of	81679
the Revised Code is not subject to the referendum. Therefore,	81680
under Ohio Constitution, Article II, Section 1d and section 1.471	81681
of the Revised Code, the amendments take effect July 1, 2005.	81682

Section 612.51. (A) The amendment or enactment by Section 1	81683
of this act of sections 2151.86, 3125.18, 5101.35, 5101.80,	81684
5101.801, 5101.802, and 5153.16 of the Revised Code is not subject	81685
to the referendum. Therefore, under Ohio Constitution, Article II,	81686
Section 1d and section 1.471 of the Revised Code, the amendments	81687
and enactments go into immediate effect when this act becomes law.	81688

(B) The amendment by Section 120.07 of this act of sections	81689
3125.18, 5101.35, 5101.80, 5101.801, and 5153.16 of the Revised	81690
Code is subject to the referendum. Therefore, under Ohio	81691
Constitution, Article II, Section 1c and section 1.471 of the	81692
Revised Code, the amendments take effect January 1, 2006. If,	81693
however, a referendum petition is filed against the amendments,	81694
the amendments, unless rejected at the referendum, take effect at	81695
the earliest time permitted by law that is on or after the	81696
effective date specified in this division.	81697

Section 612.54. (A) Except as otherwise provided in division	81698
(B) of this section, the amendments to section 5111.02 (5111.021)	81699
of the Revised Code are subject to the referendum. Therefore,	81700
under Ohio Constitution, Article II, Section 1c and section 1.471	81701
of the Revised Code, the amendments take effect October 1, 2005.	81702
If, however, a referendum petition is filed against the	81703
amendments, the amendments, unless rejected at the referendum,	81704
take effect at the earliest time permitted by law that is on or	81705
after the effective date specified in this division.	81706

(B) The amendment by this act to division (B) of section	81707
5111.02 (5111.021) of the Revised Code striking the last sentence	81708
of that division (B) is not subject to the referendum. Therefore,	81709
under Ohio Constitution, Article II, Section 1d and section 1.471	81710
of the Revised Code, the amendment takes effect July 1, 2005.	81711

Section 612.57. (A) Except as otherwise provided in division	81712
(B) of this section, the amendments to section 5111.06 of the	81713
Revised Code are subject to the referendum. Therefore, under Ohio	81714
Constitution, Article II, Section 1c and section 1.471 of the	81715
Revised Code, the amendments go into effect on October 1, 2005.	81716
If, however, a referendum petition is filed against the	81717
amendments, the amendments, unless rejected at the referendum,	81718
take effect at the earliest time permitted by law that is on or	81719
after the effective date specified in this division.	81720

(B) The amendment to division (A)(1) of section 5111.06 of	81721
the Revised Code that inserts a reference to section 5111.061 of	81722
the Revised Code is not subject to the referendum. Therefore,	81723
under Ohio Constitution, Article II, Section 1d and section 1.471	81724
of the Revised Code, the amendment goes into immediate effect when	81725
this act becomes law.	81726

Section 612.63. (A) Except as otherwise provided in division	81727
(B) of this section, the amendment renumbering section 5111.88 as	81728
section 5111.97 of the Revised Code is subject to the referendum.	81729
Therefore, under Ohio Constitution, Article II, Section 1c and	81730
section 1.471 of the Revised Code, the renumbering amendment takes	81731
effect October 1, 2005. If, however, a referendum petition is	81732
filed against the renumbering amendment, the renumbering	81733
amendment, unless rejected at the referendum, takes effect at the	81734
earliest time permitted by law that is on or after the effective	81735
date specified in this division.	81736

(B) The amendment to division (B)(2) of section 5111.88	81737
(5111.97) of the Revised Code striking "eighteen" and inserting	81738
"twelve" is not subject to the referendum. Therefore, under Ohio	81739
Constitution, Article II, Section 1d and section 1.471 of the	81740
Revised Code, the amendment goes into immediate effect when this	81741
act becomes law.	81742

Section 612.66. (A) Except as otherwise provided in division	81743
(B) of this section, the amendments to section 5727.84 of the	81744
Revised Code provide for or are essential to implementation of a	81745
tax levy. Therefore, under Ohio Constitution, Article II, Section	81746
1d, the amendments go into immediate effect when this act becomes	81747
law.	81748

(B) The amendments striking divisions (B)(6) and (7) and	81749
(C)(3) from section 5727.84 of the Revised Code are subject to the	81750
referendum. Therefore, under Ohio Constitution, Article II,	81751
Section 1c and section 1.471 of the Revised Code, the amendments	81752
take effect on the ninety-first day after this act is filed with	81753
the Secretary of State. If, however, a referendum petition is	81754
filed against the amendments, the amendments, unless rejected at	81755
the referendum, take effect at the earliest time permitted by law.	81756

Section 612.69. (A) Except as otherwise provided in division	81757
(B) of this section, the amendments to section 5727.85 of the	81758
Revised Code are not subject to the referendum. Therefore, under	81759
Ohio Constitution, Article II, Section 1d and section 1.471 of the	81760
Revised Code, the amendments go into immediate effect when this	81761
act becomes law.	81762

(B) The amendments to section 5727.85 of the Revised Code	81763
that insert new language into division (F), strike "February" and	81764
insert "May," strike divisions (G) and (H) and the two unlettered	81765
paragraphs following, insert new division (H), and add an internal	81766
cross-reference to division (F) of the section are subject to the	81767
referendum. Therefore, under Ohio Constitution, Article II,	81768
Section 1c and section 1.471 of the Revised Code, the amendments	81769
take effect on the ninety-first day after this act is filed with	81770
the Secretary of State. If, however, a referendum petition is	81771
filed against the amendments, the amendments, unless rejected at	81772
the referendum, take effect at the earliest time permitted by law.	81773

Section 612.72. (A) Except as otherwise provided in division	81774
(B) of this section, the amendments by this act to section 5747.01	81775
of the Revised Code provides for or is essential to implementation	81776
of a tax levy. Therefore, under Ohio Constitution, Article II,	81777
Section 1d, the amendments are not subject to the referendum and	81778
go into immediate effect when this act becomes law.	81779

(B) The amendment to division (A)(10) of section 5747.01 of	81780
the Revised Code is subject to the referendum. Therefore, under	81781
Ohio Constitution, Article II, Section 1c and section 1.471 of the	81782
Revised Code, the amendment takes effect on the ninety-first day	81783
after this act is filed with the Secretary of State. If, however,	81784
a referendum petition is filed against the amendment, the	81785
amendment, unless rejected at the referendum, takes effect at the	81786
earliest time permitted by law.	81787

Section 615.03. Except as otherwise specifically provided in	81788
this act, the uncodified sections of law amended or enacted in	81789
this act, and the items of law of which the uncodified sections of	81790
law amended or enacted in this act are composed, are not subject	81791
to the referendum. Therefore, under Ohio Constitution, Article II,	81792
Section 1d and section 1.471 of the Revised Code, the uncodified	81793
sections of law amended or enacted in this act, and the items of	81794
law of which the uncodified sections of law amended or enacted in	81795
this act are composed, go into immediate effect when this act	81796
becomes law.	81797

Section 615.06. Uncodified sections of law amended or enacted	81798
in this act, and items of law contained within the uncodified	81799
sections of law amended or enacted in this act, that are marked	81800
with an asterisk are subject to the referendum. Therefore, under	81801
Ohio Constitution, Article II, Section 1c and section 1.471 of the	81802
Revised Code, the uncodified sections and items of law marked with	81803
an asterisk take effect on the ninety-first day after this act is	81804
filed with the Secretary of State. If, however, a referendum	81805
petition is filed against an uncodified section or item of law	81806
marked with an asterisk, the uncodified section or item of law	81807
marked with an asterisk, unless rejected at the referendum, takes	81808
effect at the earliest time permitted by law.	81809

If the amending and existing repeal clauses commanding the	81810
amendment of an uncodified section of law are both marked with	81811
asterisks, the uncodified section as amended is deemed also to	81812
have been marked with an asterisk.	81813

An asterisk marking an uncodified section or item of law has	81814
the form *.	81815

This section defines the meaning and form of, but is not	81816
itself to be considered marked with, an asterisk.	81817

Section 615.90. If the amendment or enactment in this act of	81818
a codified or uncodified section of law is subject to the	81819
referendum, the corresponding indications in the amending,	81820
enacting, or existing repeal clauses commanding the amendment or	81821
enactment also are subject to the referendum, along with the	81822
amendment or enactment. If the amendment or enactment by this act	81823
of a codified or uncodified section of law is not subject to the	81824
referendum, the corresponding indications in the amending,	81825
enacting, or existing repeal clauses commanding the amendment or	81826
enactment also are not subject to the referendum, the same as the	81827
amendment or enactment.	81828

Section 618.03. The amendment of sections 5112.03 and 5112.08	81829
of the Revised Code are not intended to supersede the earlier	81830
repeal, with delayed effective date, of those sections.	81831

Section 618.06. The General Assembly, applying the principle	81832
stated in division (B) of section 1.52 of the Revised Code that	81833
amendments are to be harmonized if reasonably capable of	81834
simultaneous operation, finds that the following sections,	81835
presented in this act as composites of the sections as amended by	81836
the acts indicated, are the resulting versions of the sections in	81837
effect prior to the effective date of the sections as presented in	81838
this act:	81839

Section 122.74 of the Revised Code as amended by both Am.	81840
Sub. H.B. 356 and Am. Sub. S.B. 310 of the 121st General Assembly.	81841

Section 2151.86 of the Revised Code as amended by both Am.	81842
Sub. H.B. 106 and Am. Sub. H.B. 117 of the 125th General Assembly.	81843

Section 2921.13 of the Revised Code as amended by Am. Sub.	81844
H.B. 12, Am. Sub. H.B. 95, and Am. Sub. H.B. 311 of the 125th	81845
General Assembly.	81846

Section 3314.03 of the Revised Code as amended by both Am.	81847
Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly.	81848

Section 3317.023 of the Revised Code as amended by both Am.	81849
Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly.	81850

Section 3317.026 of the Revised Code as amended by both Sub.	81851
H.B. 129 and Sub. S.B. 200 of the 124th General Assembly.	81852

Section 5739.01 of the Revised Code as amended by both Am.	81853
Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th General Assembly.	81854

Section 5739.02 of the Revised Code as amended by both Am.	81855
Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th General Assembly.	81856

Section 5741.02 of the Revised Code as amended by Am. Sub.	81857
H.B. 95, Am. Sub. S.B. 37, and Sub. S.B. 47 of the 125th General	81858
Assembly.	81859

Section 5743.03 of the Revised Code as amended by both Am.	81860
Sub. S.B. 242 and Am. Sub. S.B. 261 of the 124th General Assembly.	81861